Terms of service

Supercharged Taoist WEBSITE TERMS AND CONDITIONS Last Updated: 23rd October 2009 Introduction Please read this carefully. These are the terms and conditions on which you may use our ("ST") website(s): www.superchargedtaoist.com and the online content/services available on them ("Supercharged Content"). The Supercharged Taoist site is offered to you conditional on your acceptance without modification of these terms and conditions. By accessing this Supercharged Taoist site and by using any of the Supercharged Content you are agreeing to the terms and conditions below. If you use the Supercharged Taoist Site in the course of your business, you are agreeing to these terms and conditions on behalf of that business. These terms apply to your use of the Supercharged Taoist site and use of all Supercharged Content irrespective of the delivery platform you use [e.g. desktop PC, laptop, mobile device, or otherwise] and irrespective of how the Supercharged Content is delivered to you [e.g. via web browser, WAP browser, email, SMS, 3G, or otherwise]. If you do not agree with the terms and conditions (or are not authorised to do so) you should not use the Supercharged Taoist Site. If you have any questions please contact: bdoc23@gmail.com. We recommend that you print a copy of these terms and conditions for your records. Contents 1. Access and Use 2. Privacy Policy and Registration 3. Chat rooms and Discussion Forums 4. Technical Requirements and Site Security 5. Warranties and Limitation of Liability 6. Third Party Sites and Services 7. Choice of Law and Jurisdiction 8. General 9. Paid for Services 10 Corporate Information 11. Changes to Terms and Conditions Sites Privacy Policy Current terms and Updates These terms and conditions were last updated on 15 December 2004 and replace all previous terms and conditions for the Sites. Supercharged Taoist may change, alter or withdraw any part of the Sites at any time (with or without notice to you) and may also change the terms and conditions. Supercharged Taoist will publish details of any changes to the terms and conditions by updating them and referring to changes in Section 11 below. You should regularly check Section 11 of these terms and conditions to see if any changes have been made Ð by using the Sites after we have posted the changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using the applicable Sites and you may cancel your subscription to any Paid For Services in accordance with your rights set out in Section 9. Supercharged Taoist will publish brief details of any changes to the terms and conditions in Section 11 below. References in these terms and conditions to "Supercharged Taoist" (or "we", "us" or "our") refers to Vespa Solutions Limited operating the Sites that you are using. See the Corporate Information Section 13 below for more details about Supercharged Taoist. From time to time Supercharged Taoist may run competitions, free prize draws, promotions and surveys on the Sites. These are subject to additional terms and conditions that will be made available at the time they are run. 1. Access and Use The Sites are split into two sections or areas. These are areas that are: (1) accessible to all users; and (2) accessible only to paying subscribers (currently the area known as "The Key"). Permitted Use: All material available on the Sites (including content available on any email and SMS services) (the "Content") belongs to Supercharged Taoist or its licensors. Supercharged Taoist or its licensors own all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content. You may for your personal, non-commercial use : (a) retrieve and display Content on a computer screen, (b) print individual pages on paper (but not photocopy them), and (c) store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network). Restrictions on Use: You may not use the Sites for any unlawful purpose. Except as expressly set out above, you may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content. Without limitation, you may not do any of the following without prior written permission from Supercharged Taoist (and neither may you allow a third party to do any of the same): (a) redistribute any of the Content, other than when there is a facility to email specific articles or (b) remove the copyright or trade mark notice from any copies of Content made under these terms and conditions; or (c) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or (d) deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or (e) use any machine, electronic, web based or similar device to read or extract the Content by automated or machine based means. Requests to republish or redistribute Content should be addressed to: bdoc23@gmail.com. YLinking: If you would like to link to any of the Sites, please read and comply with the following guidelines and all applicable laws. A site or service that links to any of the Sites: (a) may display a Supercharged Taoist logo, please contact: bdoc23@gmail.com for our display guidelines, but you must not otherwise use any Supercharged Taoist trade marks without permission from Supercharged Taoist; (b)may not remove, distort or otherwise alter the size or appearance of the logo; (c) may link only to the homepage of the Site unless Supercharged Taoist has otherwise given prior written permission; (d) must not in any way imply that Supercharged Taoist is endorsing it or its products or services; (e) must not misrepresent its relationship with Supercharged Taoist or present false information about Supercharged Taoist; (f) must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; (g) must not be a site or service that contains content that could be construed as distasteful or offensive. Supercharged Taoist expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate. 2. Privacy Policy and Registration All information received by you from your use of the Sites will be used by Supercharged Taoist in accordance with our Privacy Policy a copy of which is set out at end of these terms and conditions. On registration, you must provide Supercharged Taoist with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Site registration pages. This is particularly important if you subscribe to receive any Paid For Services (such as "Site Membership"). Supercharged Taoist is entitled to rely on any information you provide to us. Each registration is for a single user only. On registration, you will choose a user name and password ("ID"). Supercharged Taoist does not permit any other person sharing your user name and password or access through a single name and password being made available to multiple users on a network. Supercharged Taoist may cancel or suspend your access to the Sites if you do this without further obligation to you. You are responsible for all use of the Sites made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify Supercharged Taoist immediately by e-mailing: bdoc23@gmail.com . We recommend that you do not select an obvious user password (such as your name) and that you change it regularly. If you provide Supercharged Taoist with an email address that will result in any emails or SMS messages Supercharged Taoist may send you being sent to you via a computer network or telephone operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that Supercharged Taoist may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending emails or SMS messages to you. 3. Chat Rooms and Discussion Forums The Sites include bulletin boards, discussion groups and other public areas that allow feedback to Supercharged Taoist and interaction between users and Supercharged Taoist writers and free thinkers ("Forums"). While Supercharged Taoist does not control the information / materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and site in general and you waive any moral rights that you may have in regard to the Messages. You must comply with any rules posted by Supercharged Taoist on a Forum. You may not: (a) post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam"; (b) post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security; (c) post, link to or otherwise publish any Messages which claim to give medical or health advise or treatments, or which otherwise have the purpose of diagnosing a health problem or as a means of determining treatment (the Sites are not intended as a substitute for the advice of a persons own professional physician or trained health care provider); (d) post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe privacy, copyright or other rights of third parties or which contain any other form of illegal content; (e) disguise the origin of any Messages; (f) impersonate any person or entity (including Supercharged Taoist employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity; (g) post or otherwise publish any Messages unrelated to the Forum or the Forum's topic; (h) post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Sites or any computer software or equipment; (i) collect or store other users' personal data; (j) restrict or inhibit any other user from using the Forums. (k) post messages in such a way as to cause upset to other members or undermine the general wellbeing or smooth-running of the forum. You are solely responsible for the content of your Messages. By submitting messages to any Forum you agree to indemnify Supercharged Taoist from all claims, costs and expenses (including legal expenses) arising out of or caused either directly or indirectly by any Messages posted or published by you that are in breach of this Section 3. The Forums contain Messages submitted by users over whom Supercharged Taoist has no control. Supercharged Taoist cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific health or medical or other decisions. Supercharged Taoist writers and free thinkers may also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by Supercharged Taoist. The opinions of those Supercharged Taoist writer's, free thinkers and special guests are their own and are not necessarily endorsed by Supercharged Taoist. They should not be considered by you as professional or medical or health advisers. By submitting Messages to any Forums you are granting Supercharged Taoist a worldwide perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form and in all media. This may include personal information such as your user name and alias and your expressions of opinion. Supercharged Taoist reserves the right to contact you by e-mail with regard to your use of the Forums. It is not possible for Supercharged Taoist to fully and effectively monitor when Messages infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify Supercharged Taoist immediately with specific details by contacting: bdoc23@gmail.com. 4. Technical Requirements and Site Security The Sites are best viewed using the latest Internet Browsers. Any older browser versions may work but users could have limited browsing experience. In addition Supercharged Taoist suggests that using the latest version of the viewing software "Flash" will assist in getting the most out of the Supercharged Taoist Sites. Any payment information you send to our authorised payment agent (currently "World Pay Limited") over the Internet is their responsibility and Supercharged Taoist can not be responsible for any errors or misuse of such payment information. Our authorised payment agent has informed Supercharged Taoist that they have taken commercially reasonable steps to ensure that their system is secure. You can view the terms and conditions and security policy of our authorised payment agent at: www.worldpay.co.uk/about/index.php?go=legalmenu . 5. WARRANTIES AND LIMITATION OF LIABILITY GENERAL The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Supercharged Taoist and is not intended to be relied upon by users in making (or refraining from making) any specific health or medical or other decisions. Appropriate independent professional advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Sites are at your sole risk and responsibility. Furthermore any agreements, transactions or other arrangements made between you and any third party who has been introduced or recommended to you either by Supercharged Taoist or by any person using the Supercharged Taoist Sites are at your sole risk and responsibility. Any information that you receive via the Sites whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and information may not be entirely accurate. Supercharged Taoist is not responsible for any use of the Content by you outside its scope as stated in these terms and conditions. HEALTH AND MEDICAL MATTERS All of the information provided on the Sites, particularly any information relating to specific medical conditions, health care, preventive care, and healthy lifestyles, is presented for general informational purposes only. It should not be considered complete or exhaustive and does not cover all disorders or conditions or their treatment, nor all health-related issues. The information provided on the Sites is not intended as a substitute for the advice provided by your own physician or health care provider and you should always seek the advice of a trained health professional before seeking any new treatment regarding any physical symptom and/or medical diagnosis. You should not use the information on the Sites as a means of diagnosing a health problem or disease, or as a means of determining treatment. You should also not use the information on the Sites as a substitute for professional medical advice when deciding on any health-related regimen, including but not limited to diet or exercise. Supercharged Taoist presents all Content and data contained on the Sites without any warranty of any kind, express or implied, and is not liable for its accuracy, for mistakes or omissions of any kind, nor for any loss or damage caused by a user's reliance on any information obtained on the Sites. LINKS We have not reviewed the sites that may be linked to the Sites, and are not responsible for the content of any off-site, linked pages or any other sites linked to our site. Supercharged Taoist assumes no responsibility or liability arising from the contents of any off-site pages or sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information therein. Your access to any off-site content linked to this site is at your own risk LIMITED WARRANTY What we can guarantee: Supercharged Taoist SHALL DEVELOP AND OPERATE THE SITES WITH REASONABLE SKILL AND CARE . What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, Supercharged Taoist DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITES. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, Supercharged Taoist HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT THE SITES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Supercharged Taoist IS NOT RESPONSIBLE FOR TYPOGRAPHIC ERRORS. OUR LIABILITY EXCLUSION TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT Supercharged Taoist WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR HEALTH OR MEDICAL CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE SITES (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOUR USING THE SITES OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS. IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT Supercharged Taoist WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITES. YOUR REMEDIES Supercharged Taoist SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN THE SITES OF WHICH IT IS AWARE. YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THE SITES ARE AS FOLLOWS: á IF YOU HAVE SUBSCRIBED TO RECEIVE ANY "PAID FOR" SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES (IF ANY) YOU ACTUALLY INCUR ARISING DIRECTLY OUT OF YOUR USE OF THE SITES. THIS IS SUBJECT TO A LIMIT EQUAL TO THE ANNUAL FEE PAID BY YOU TO Supercharged Taoist PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES. á IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN THE SITES, YOUR REMEDY IS LIMITED TO RECEIVING PAID FOR SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT DAMAGES (IF ANY) YOU ACTUALLY INCUR ARISING DIRECTLY OUT OF YOUR USE OF THE SITES. THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL SITES SUBSCRIPTION FEE. YOU SHALL NOT RECEIVE MONETARY DAMAGES. IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL SITES SUBSCRIPTION FEE. The above disclaimers and restrictions on liability apply equally to your use of the Sites and all Content. OTHER INFORMATION Without limiting the above, Supercharged Taoist is not liable for matters beyond its reasonable control. Supercharged Taoist does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties. Notwithstanding anything else contained in the provisions of this Section 5, Supercharged Taoist's liability will not be limited in the case of death or personal injury directly caused by Supercharged Taoist's negligence. 6. Third Party Sites and Services The Sites contain links to other Internet websites or online and mobile services provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with Supercharged Taoist and so include Supercharged Taoist's trade mark. Supercharged Taoist is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with Supercharged Taoist. Our Privacy Policy does not apply to Third Party Sites. Copyright in any software that is made available for download from the Sites belongs to Supercharged Taoist or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. Supercharged Taoist is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement. The Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. Supercharged Taoist will not be responsible for any error or inaccuracy in advertising or sponsorship material. 7. Choice of Law and Jurisdiction These terms and conditions shall be governed by, and construed in accordance with, English law. To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of Supercharged Taoist and to the extent possible in the applicable jurisdiction, Supercharged Taoist shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business which you agreed to these terms and conditions or (if different) the country of your principal place of business. 8. General You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect. 9. Paid For Services (a) General Supercharged Taoist currently operates the following "paid for" service ("Paid For Services"): "Site Membership" Subscription Service ("Site Membership"). Supercharged Taoist plans in the future to introduce (in phases) additional Paid For Services including possible "Mobile SMS", "Audio" and "Video" services. By subscribing to receive any of these Paid For Services, as well as the above terms and conditions, you are also agreeing to the terms that appear below. You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you are authorised to use any Paid For Services through any corporate arrangement made with us, any payment terms below will not apply to you. You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to Supercharged Taoist (or our Authorised Payment Agent) you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments Supercharged Taoist reserves the right to suspend or terminate your access to the Paid For Services. If we (or our Authorised Payment Agent) do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services. Supercharged Taoist (or our Authorised Payment Agent) will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time. A contract with you for receipt of the Paid For Services will come into effect when Supercharged Taoist (or our Authorised Payment Agent) sends you an email confirming your subscription details. There is no specific time limit applying to your use of the Paid For Services on these terms and conditions. However, Supercharged Taoist reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these terms and conditions, with or without notice and without further obligation to you. Supercharged Taoist will charge you in British Pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes. (b) Site Subscription Services "Site Membership" Access and Use: Certain areas of the Site (such as "Site Membership") are only accessible to users who pay to subscribe to those areas. Currently there is one level of subscription to "Site Membership". We recommend that you read the "About This Site" area of the Sites for more details. Once you have completed the subscription process (with Supercharged Taoist or our Authorised Payment Agent) and your card has been authorised for payment, you will be given appropriate access to the appropriate areas of the Sites. Pricing: The subscription price is set out on the pages of the Sites which contain our subscription process. With The Key you can take out either an annual or monthly subscription which will automatically renew. If we give you a free trial, you will only be charged for your Site Subscription with effect from the expiry of that free trial period. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing the Sites in the same way you pay for telephone calls. Canceling or Changing your Site Subscription: When you subscribe we may give you a free trial. You may cancel your subscription at any time during any trial period by contacting: bdoc23@gmail.com.  Following the expiry of any trial period, you may only cancel your Site subscription prior to the expiry of the then current "paid for" period by contacting: bdoc23@gmail.com. Subscriptions are non-refundable and Supercharged Taoist can not make refunds. In exceptional or special cases Supercharged Taoist may review this policy without prejudice to it's right to retain subscriptions - and this means that Supercharged Taoist may refund you or credit your account with any amounts you have paid us in advance that relate to any remaining period of such subscription. Any such cancellation will only be effective once Supercharged Taoist serves you with written notice of Supercharged Taoist's acceptance of such cancellation. (c) Additional SMS/Mobile, Audio and Video services Future Services: Supercharged Taoist may in the future operate services for mobile telephones - such as SMS Services and other internet based services such as "Audio Broadcast" and "Video Broadcast" ("Future Services"). Further details relating to such Future Services will be included in these terms and conditions as and when such services are introduced. 10. Corporate Information These terms and conditions apply to your use of the Sites. The Sites are operated by the company named Vespa Solutions Limited, a company incorporated in Gibraltar. 11. Changes to Terms and Conditions These are new terms and conditions which incorporate elements of pre existing terms and conditions relating to the Sites. Supercharged Taoist WEBSITE TERMS & CONDITIONS: 23/10/2009