Terms & Conditions

1. Acceptance of Terms

This site is owned and operated by the Vertically Challenged Climbing Club ("VCCC"). The VCCC is a private members club, operating on a not for profit basis. You, the members and users, will be deemed to accept and be bound by the terms and conditions of this site which will apply each time you enter the site or use the services of the site. VCCC may terminate the services provided to any members or users who do not adhere to the terms and conditions of this site.

VCCC reserves the right to change the terms and conditions which are applicable. If such changes occur they will be posted on the site and will take effect from the date of such posting. The changes will be deemed to be accepted by the members or users who continue to enter the site and/or use its services. Your statutory rights are not affected.

VCCC reserve the right at any time to revise the prices advertised.

By registering to and using the site and Services provided you agree and accept that use of the site is at your own risk. The members and users release VCCC, its committee members, employees and other representatives so far as is permitted by law, from any liability arising from the members or users of the site and the Services provided.

2. Services provided by VCCC

2.1. Services available to a Full Member via the Website

VCCC enables communication via unique usernames. This can be done using the VCCC system or from your mobile handset. Members are allocated a VCCC account allowing them to send and receive messages.

Users will register for membership to the site by entering certain details. They will have their own profile page displaying certain information such as their username, age, gender and location. If they wish, they can add hobbies, interests and other information, as well as upload images and videos to their gallery. Most details can be updated by members.

Members will be able to use and search the whole VCCC system and will be able to send and receive messages to and from other members or users. They will also have access to the online calendar, which enables them, to enter appointments and dates with the added facility to request text message alerts as reminders.

Only once a user has registered for membership and activated their account can he/she receive messages.

2.3 Chat Room Services

Members will also have access to the members Chat Room. By using the Chat Room, members will have the opportunity of chatting with other Chat Room members for as long and as often as they like. Members will have the ability to send an invitation to a member asking them to enter the Chat Room. A member can also request to have a text message alert sent to their phone when a particular member has logged on to the website.

3. Membership

Membership offers a wide variety of benefits to Members.

Membership is not transferable. However if you wish to substitute your vehicle registration number, mobile number or service provider during membership, then this is possible, subject to VCCC receiving confirmation by email to admin@vccc.co.uk.

VCCC has the right to refuse, withdraw or cease to provide its Services without notice. In particular, VCCC reserves the right (and you consent to such right) but is not obliged to inspect the messages being sent by members and/or users of the site. If the messages are in any way offensive, VCCC may terminate membership of the member and terminate the services available to the user sending the message, without notice to the member and without further obligation to the member. The members or users shall remain liable to pay all sums owed to VCCC on the date of withdrawal/cessation of Services.

VCCC, its committee members, employees and other representatives will not have any liability whatsoever in respect of failure, suspension or ending of the Services. The members or users will not be entitled to any compensation nor will the member be entitled to a refund of any fee, paid to VCCC.

VCCC does not guarantee that its Services will be uninterrupted or error-free, or that messages sent will reach the intended recipient.

4. Personal Profile

You may, if you wish, enter some personal information on the Profiles section of the site, such as your age, sex, area, hobbies and interests.

5. Costs of Services

It is free to register as a member. Upon completion of your registration, you must however activate your account. Activating your account will cost up to 50p (plus your standard network rate). For a member to send and receive messages, they must activate their account. This is a requirement of ICSTIS the governing body responsible for premium SMS messages.

The cost of sending a text message is up to 50p via the web site, or up to 50p plus your standard network rate via SMS. It is free to send a whisper via the web site.

Upon registration, a member will have their whisper text alerts switched on. Receiving a whisper text alert will cost up to 50p. A member can turn off their whisper text alerts within the "My Profile" section of the web site once logged in.

VCCC may from time to time send text messages to you to let you know about changes to the site, improvements to the site and services, your entitlement as a member or user, any special features on our site, any promotions, any competitions, the VCCC services in general, or other services or products we think may be of interest to you or related information from third parties we think maybe of interest to you, as detailed within our privacy policy. Receiving these text messages will cost up to 50p (plus your standard network rate) If you would rather not receive this information, please text email admin@vccc.co.uk.

6. Age

This site and the services provided by VCCC are targeted at persons aged 16 and over. If you are not aged 16 or over you should not be using the site and the services provided.

7. General jurisdiction disclaimer

This site is targeted at residents throughout the World. However, by by using the services in the United Kingdom you are representing to us that you are a resident of the United Kingdom. This is a representation on which we rely prior to accepting your application for registration.

8. Privacy

Details provided by you and any other information about you are subject to our Privacy Policy.

9. Passwords

You must not disclose your password to any other person and must protect access to the site and services from unauthorized use by third parties. It is your responsibility to ensure that your password is kept safe and secure from other persons. If your password has been lost or you suspect that it has become known to other persons, please notify us immediately by email to admin@vccc.co.uk or you can change it yourself by logging onto your profile.

10. Messages

VCCC do not encourage members or users to give personal information in messages. No enquiries or checks are made on persons wishing to become members of VCCC. You are advised to act cautiously at all times when using the VCCC website and services. We do not encourage members and users to make contact with other members outside the services provided by VCCC. Any contact between members and users is at your own risk.

The members or users acknowledge and accept that any messages they send or post via VCCC, including messages which contain personal information, are sent at the members or users own risk and the members or users give consent for such messages to be passed on by VCCC. The messages sent or posted via VCCC may be sent to persons worldwide and the members or users give consent for such messages to be passed on by VCCC.

11. Conduct Rules

11.1 You accept and agree that you will not use any part of the site or Services provided by VCCC to:

11.1.1 Upload, post, transmit or otherwise make available any content or to send a message that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

11.1.2 Harm minors in any way;

11.1.3 Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;

11.1.4 "Stalk" or otherwise harass another;

11.1.5 Collect or store personal data about other users;

11.1.6 Text or post any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.

11.1.7 Text or post any content that infringes any intellectual property rights of any party;

11.1.8 Text or post any unsolicited or unauthorised advertising, promotional materials, "junk mail" "spam", "chain letters", or any other form of solicitation;

11.1.9 Text or post any content that contains computer viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

11.1.10 Violate any applicable national or international law or regulations.

11.1.11 Use the site for any illegal activity, to plan, prepare, conspire to commit, or solicit the commission of any act whatsoever that is, or may be, criminal, illegal or contrary to established public policy, and

11.1.12 Use the site to perform, plan, solicit, conspire or commit any act which you know, or may reasonably know to be harmful, dangerous, or potentially dangerous to any third party relying or reasonably relying on the information you have transmitted through this site, or the services provided by, or through this site.

11.2 In consideration of your use of our site and services you agree:

11.2.1 To provide true, accurate, current and complete information about yourself when filling out our registration form; and

11.2.2 To maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration;

11.2.3 That your username will be used to identify you. Have fun with your username by all means but vulgar or offensive names will constitute a breach of these rules;

11.2.4 That if you are offended by another member’s username, please e-mail us at admin@vccc.co.uk immediately. Similarly if you are unsure about whether a username you would like to use may breach these rules, e-mail admin@vccc.co.uk for advice.

You acknowledge that we are unable to monitor messages and that as a result you may receive messages which do not adhere to the rules of conduct set out here. As soon as we are made aware of messages that breach these rules of conduct, or our terms and conditions generally, prompt action will be taken. You can also block any user from sending you any further messages by yourself.

If you receive a message that in any way breaches the rules of conduct or our terms and conditions generally, please notify us immediately by email to admin@vccc.co.uk

VCCC reserve the right to take whatever action they deem necessary to prevent any breaches of their rules of conduct or their terms and conditions generally including where we, in our absolute discretion, deem appropriate the termination of your membership or use of our services.

VCCC accepts no responsibility for messages sent in breach of these conduct rules.

12. Sanctions

12.1 As soon as we are made aware of activities that breach these rules, our terms and conditions or our privacy policy, prompt action will be taken. If you witness such breaches in the chat areas or anywhere else on our site or the services provided, please notify admin@vccc.co.uk immediately.

12.2 On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of VCCC or any of our affiliates, licensors or partners.

12.3 We reserve the right to take whatever action we deem necessary to prevent such breaches. Your automatic ban from our chat room and our site generally. All incidents will be logged and our decision is final in all such cases.

12.4 Any breaches may lead to us reporting your activities to your internet and mobile telephone service provider, your employer, relevant authorities, or to legal action being taken against you or both.

12.5 In addition we may at any time move, modify or remove any content to take further legal action as a result of breaches or suspected breaches of these rules, our privacy policy, any applicable laws or regulations or where our rights or third party rights are threatened or infringed.

13. Use of Mobile Telephones

You must not use mobile phones, in any manner, whilst driving and we will not be responsible for any consequence if you do so.

As of 1st December 2003 it is illegal for any person to use a hand held mobile phone whilst driving a motor vehicle unless you are safely parked and your engine is switched off.

VCCC committee members, employees and other representatives do not accept any responsibility for any consequences resulting as a result of a member or user of this site using their mobile phone in any manner whilst driving.

14. Intellectual Property

The Website contains Copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos and graphics, and may include video, graphics, music and sound. The entire contents of the Website are protected by Copyright law. VCCC or our licensors, own Copyright and/or database right in the selection co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create, derivative works, or in any way exploit any of the content, in whole or in part, except as provided in these Terms.

You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under Copyright law, no copying, redistribution, re transmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of any other Copyright owner. In the event of any permitted copying, redistribution or publication of Copyright material, no changes in or deletion of author attribution, trademark legend or Copyright notice shall be made. You acknowledge that you will not acquire any ownership rights by downloading Copyright material.

15. Licence for Material

You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-licence) to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, perform and display any content (in whole or part) you upload, post or text and/or to incorporate such content in other works in any form, media or technology now known or developed.

16. Disclaimer

You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you and not VCCC are entirely responsible for all content that you upload, post or text via our chat areas and our site. We do not control the content posted via any chat area and therefore do not guarantee the accuracy, integrity or quality of the content.

Under no circumstances will we be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. You also understand that by using our chat areas and our site, you may be exposed to content that is offensive, indecent or objectionable.

By using the Website or the services provided by VCCC you expressly agree that such use is at your own risk. VCCC endeavours to provide Services of the highest quality, but cannot guarantee that our Services will be uninterrupted or "error free" or that the Services selected will reach the intended recipient. VCCC is providing the site and services, on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, VCCC makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the contents of any adverts or any information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of VCCC its committee members, employees and other representatives howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

In no event shall VCCC nor any of its committee members, employees or other representatives be liable to you or any other person or entity, in any manner (including negligence) for loss damage of any kind arising from the use of this website, and the services provided including but not limited to direct, indirect, actual, incidental, punitive, special or consequential damages, lost income or revenue or profits, lost or damaged data, other commercial loss, or loss to third parties that result from your use of, or inability to use this website or the services provided or otherwise, even if VCCC, its committee members, employees or other representatives have been advised of the possibility of such damages or such damages are foreseeable. By using this site and services you agree that this limitation will apply to all Services, content, goods available in or through this site or otherwise.

VCCC, its committee members, employees and other representatives shall not have any liability in respect of messages sent via the VCCC Services and which are passed on to members (whether the member that it was intended to be sent to or otherwise). Including but not limited to liability for defamation, harassment and offensive messages.

VCCC, its committee members, employees and other representatives shall not have any liability which arises as a result of any misuse whatsoever of this site and the services provided.

The member or user accepts and acknowledges that VCCC does not carry out enquiries or checks on individuals wishing to become members and that members or users should act responsibly and cautiously when using the site and Services. VCCC, its committee members, employees and other representatives shall have no liability for messages sent or posted via the Services provided or for any contact whatsoever made by members or users outside the Services provided by VCCC. We do not encourage members or users to give personal information in messages.

The members and users of this site will hold VCCC, its committee members, employees and other representatives free of any and all actions against it as a result of information supplied by it or which it authorizes to display on the site.

VCCC, its committee members, employees and other representatives will not in any event nor in any way whatsoever be responsible for any damage to a site user and/or member's computer, software, modem, telephone or other property resulting from your use of the Services provided by VCCC.

Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit (mf's) liability to you for death or personal injury resulting from our negligence or that of our employees or agents. Your statutory rights are not affected.

Neither VCCC nor its committee members, employees and other representatives shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

17. Indemnity

The members or users shall indemnify VCCC, its committee members, employees and other representatives and hold VCCC, its committee members, employees and other representatives harmless against all claims, liabilities, losses, damages and expenses including without limitation legal fees and costs arising out of or as a result of any claims made or litigation brought against VCCC, its committee members, employees and other representatives as a result of the use by the members or users of this site, its contents or any part thereof and the services provided.

18. Text Messages, Ringtones, Logos and all other Downloads

VCCC do not guarantee that the text messages sent by members and users will be received by the intended recipient.

If you are not the person paying for the phone bill (both mobile & land line), you should obtain the permission of the person paying the bill before any text messages, ringtones or logos are sent and before the internet is used.

19. Use and Storage

VCCC reserve the right to create and amend, restrictions in respect of the use of the site and services. This includes without limitation, restrictions on the number of days that message, postings or other uploaded content will be stored, restrictions on the number of messages or postings that may be sent or received by members and users. VCCC may also create restrictions regarding the amount of times and duration which you are permitted to use the site and services.

VCCC, its committee members, employees and other representatives shall not have any liability which arises as a result of deletion or failure to store messages, postings or other uploaded content. VCCC reserves the right to close members accounts that are inactive for a long period of time. The decision of VCCC shall be final.

20. Changes to Services

You accept and agree that VCCC has the right to modify suspend and discontinue, whether temporary or on a permanent basis the site and services or any part of them without notice. All liability of VCCC, its committee members, employees and other representatives howsoever arising for any such modification, discontinuance and suspension of the site and services or any part of them to members, users and any third party is expressly excluded to the fullest extent permitted by law.

21. Advertisements

You accept and agree that VCCC, its committee members, employees and other representatives shall have no liability in respect of any loss or damage arising from your dealings with or participation in promotions of advertisers present on the site including but not limited to, payment and delivery of goods and services and any other terms and conditions, warranties or representations connected to or arising from your dealings with third parties. You accept that your dealings with third parties are solely between you and the third parties.

22. Links

The site and services may contain links to other sites, material or businesses. You accept that VCCC, its committee members, employees and other representatives have no control over such sites, material or businesses and are not responsible nor liable for any content, advertising or products on or available from such sites, material or businesses. VCCC, its committee members, employees and other representatives shall have no liability whether directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such sites, material, businesses and goods or services available on or through them.

23. Viruses

VCCC has taken reasonable steps to eliminate viruses from this site. VCCC does not guarantee that no viruses exist and is not liable for the existence or consequence of any virus. VCCC advises you to take all necessary steps to detect and eliminate viruses before using this site.

24. Competitions

VCCC will use the system to allow users to enter prize draw competitions. Winners will be notified by email within 7 days of the date of the prize draw. All prizes must be claimed by email within 30 days from the date of the draw. All prizes not claimed within the 30 day period will be withdrawn.

25. English law - exclusive

This agreement shall be governed by and construed in all respects in accordance with English law. In relation to any legal action or proceedings to enforce this agreement or arising out of or in connection with this agreement ('Proceedings') each of the parties irrevocably submits to the jurisdiction of the English courts and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum.

26. Severance and negotiated alternative

If any provision of this agreement is held by a court or other competent authority to be unlawful, void or unenforceable, it shall be deemed to be deleted from this agreement and shall be of no force and effect and this agreement shall remain in full force and effect as if such provision had not originally been contained in this agreement. In the event of any such deletion the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory alternative provision in place of the provision so deleted.