Our Website located at nightbutterflies.com "(Site)" is a social platform in the business of introducing and connecting users with similar interests.
These terms and conditions of use ("Terms") ") govern your use of the Site and form a binding contractual agreement between you, the user of the Site and us, Night Butterflies Ltd.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on 0151 909 2310.
The Site is a social platform for communication. We do not encourage or endorse any unlawful behaviour in any jurisdiction in which this social network is made available.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
Acceptance of these terms
1.2 Upon acceptance of these Terms by the user, the Terms are binding and can only be amended with our written consent.
1.3 None of our agents, employees, contractors, sub-contractors or representatives are authorised to make any representations, statements, conditions or agreements not expressed by us in writing nor are we bound by any such unauthorised statements.
1.4 You acknowledge that we may change the terms and conditions from time to time which will be posted on the Site. It is your sole responsibility to regularly review these Terms prior to using the Site.
1.5 If you object to any changes to these Terms, or otherwise become dissatisfied with your membership of the Site, you may immediately:
(a) Discontinue accessing and using the Site; and/or
(b) Terminate your membership in accordance with these Terms.
Using the Site
2.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
2.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner.
2.3 You must not add any content to the Site:
> (a) unless you hold all necessary rights, licences and consents to do so;
> (b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
> (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
> (d) that would bring us, or the Site, into disrepute;
> (e) that infringes the intellectual property or other rights of any person; or
> (f) that is harmful and/or interferes with or damages the Site including but not limited to viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology.
2.4 The Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
2.5 You acknowledge and agree that:
> (a) we may edit and/or remove any content posted by you to our Site in our sole discretion without notice to you;
> (b) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
> (c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3.1 You may choose to access the Site:
(a) as a guest user, meaning you will not be required to create a user account and will be permitted to access a minimal level of the Site free of charge; or
(b) by creating a user account, which will provide you with additional features of the Site that are not available to guest users.
3.2 You are solely responsible for your interactions with other users of the Site.
4.1 You represent and warrant to us that you:
(a) have the legal capacity to enter these Terms;
(b) are over 18 years of age, as you are prohibited from using the Site if you are under the age of 18;
(c) are the age of majority and legal consent in the jurisdiction in which you live or reside;
(d) will use the Site in a manner consistent with any and all applicable laws and regulations in any relevant jurisdiction;
(e) have never been convicted of any indictable offence and are not currently under indictment for such an offence;
(f) are not required to register as a sex offender with any government entity;
(g) will provide information that is complete and accurate;
(h) will not stalk, harass or intimidate another user of the Site;
(i) will not impersonate any other person and that all information supplied to the Site will belong to you alone;
(j) will not post content or links to any other advertising portals, directories or third parties (including our competitors);
(k) will uphold our good name and protect our goodwill at all times;
(l) will not modify, adapt, sublicence, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site or any software used on or for the Site;
(m) will not use our Site for any illegal activities or any activities which are likely to cause loss, expense or damage to us or the Site; and
(n) will notify us if any of your personal information changes.
5.1 In consideration for accessing the Site and using the services to connect with other users, you agree to make payment to us an amount for each introduction with each user of the Site ( "Introduction Fee" ). The Introduction Fee is set by us and may be amended from time to time in our sole discretion.
5.2 GST and other taxes and duties that may be applicable shall be added to the Introduction Fee except when they are expressly included in the Introduction Fee.
5.3 You acknowledge and agree that the Introduction Fee may be payable in advance and you expressly permit for the authorisation of a pre-payment on your nominated credit card.
5.4 At our sole discretion, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party.
5.7 We reserve the right to change the Introduction Fee for at any time. You may terminate your membership or discontinue your use of the Site upon the change of the Introduction Fee by us in accordance with these Terms.
5.8 Bookings may be cancelled within 5 minutes and a full refund will be issued, otherwise there are no refunds or cancellations
6.1 Interest on outstanding payments shall accrue daily from the date when payment becomes due, until the date payment is received at a rate of ten percent (10%) per annum.
6.2 If any payment remains overdue after fourteen (14) days then an amount of the greater of twenty pounds (£20.00) or ten percent (10%) of the amount overdue (up to a maximum of three hundred pounds (£300.00) shall be levied for administration fees which shall become immediately due and payable.
6.3 You agree that the interest charges and the additional amounts represent a genuine pre-estimate of our losses, damages, costs and expenses in respect of you failing to pay our overdue Introduction Fees.
Intellectual Property Rights
7.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
7.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
7.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
7.4 The licence in clause 7.3 will survive any termination of these Terms.
7.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 7.2 and 7.3.
8.1 We may require you to provide your personal information directly to our third party service providers. Where information is provided by you to our third party service providers, such information will be subject to their respective privacy policies.
8.2 We may terminate these Terms for your failure to comply with clause 8.1.
9.1 You acknowledge and agree that we do not:
(a) conduct criminal background checks or screenings on users of the Site; and
(b) pre-approve users in any way or attempt to verify the truth and accuracy of any other user or any representations made by other users of the Site.
9.2 You acknowledge and agree that your use of the Site is on an "as is" basis and that we do not make any representations or warranties, express or implied in relation to:
(a) The truth and accuracy of the content on the Site; and
(b) The supply of services or the quality of the services provided by any user of the Site.
10.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
10.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
10.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
10.4 Our total aggregate liability for all claims relating to these Terms is limited to the value of Introduction Fee paid by you to us on the calendar day prior to your claim.
Indemnities and Releases
11.1 You agree to indemnify and keep indemnified, us, our employees, our subcontractors against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, legal fees (on a solicitor and own client basis) which we pay, suffer, or are liable in respect of:
(a) Any negligent act or omission of you, including (without limitation) you sharing your username and password for the Site with a third party;
(b) Any material which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
(c) Any act or omission of you, which causes damage to us in any way; and/or
(d) Any breach of these Terms.
11.2 You agree to release us from any claim you have or may have had as a result of the use of our Site.
12.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
12.2 We may otherwise terminate your use of the Site immediately, on notice to you, if you have breached these Terms in any way.
12.3 We may terminate your use of the Site at our sole discretion without notice to you.
12.4 You may terminate these Terms at any time for any reason by ceasing your use of the Site. If you resume use of the Site at any stage after your termination, you indicate that you have re-accepted these Terms, and they will bind all parties accordingly.
12.5 Your obligations under clauses 3, 6, 7, 8, 9, 10, 11 and 13 will survive the termination of these Terms.
13.1 Where we are required to provide you with written notice under these Terms, email communications to your nominated email address will constitute written notice and will be deemed to have been given when it is sent to you.
13.2 We may assign our rights and liabilities arising under these Terms at any time without notice to you.
13.3 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
13.4 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
13.5 These Terms are governed by the laws of the United Kingdom of Great Britain and Northern Ireland and each party submits to the jurisdiction of the courts of the United Kingdom of Great Britain and Northern Ireland.