Terms & Conditions
Effective date: 7 February 2020. (Changes since last update are in bold).
This website is owned and run by BUFFMATES, you can reach us through the Contact Us page.
2) Changes to the terms and conditions
a) We may change these terms and conditions by posting the new version on our website. You will be bound by the revised agreement if you continue to use our Service following the effective date shown above.
b) If you have a subscription and you don’t agree to the changes (provided that they are neither minor nor required by applicable law or regulations), you can end your subscription by emailing firstname.lastname@example.org. If so, we will refund any advance payments referable to the period after your termination.
a) “Content” - all information of whatever kind (including profile, images, photos, videos, posts, messages etc), published, stored or sent on or in connection with our Service.
b) “Member” – a registered user of our Service (whether or not a subscriber).
c) “Service” – our website, the services we offer by means of our website.
d) “User” – any registered or unregistered user of Service.
4) Your right to use our Service
We grant you a limited personal non-transferable right to use our Service subject to these terms and conditions.
5) Who can use our Service?
a) You must not use, or attempt to register on, our Service if:
i) you are below 18 years of age;
ii) display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country).
6) Acceptable use of our Service
a) You agree that you will not in connection with the Service:
i) breach any applicable law, regulation or code of conduct;
ii) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
* is defamatory, threatening, harassing, invasive of privacy, racist, hateful, discriminatory, misleading, abusive or deceptive;
* infringes any intellectual property or other rights of others;
* involves phishing or scamming or similar; or
* we otherwise reasonably consider to be inappropriate;
iii) impersonate any person or entity in order to mislead others;
iv) publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
v) sell access to the Service;
vi) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
vii) sell advertising, sponsorship or promotions on or in connection with Content;
viii) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
ix) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
x) do anything which may negatively affect other Users’ enjoyment of the Service;
xi) gain unauthorised access to any part of the Service or equipment used to provide the Service;
xii) use our Service to provide, or with the intention of providing or offering any Commercial service (without our explicit written consent)
xiii) use any automated means to interact with our systems excluding public search engines; or
xiv) attempt, encourage or assist any of the above.
b) You must comply with any rules or requirements on our website.
c) You must promptly comply with any reasonable request or instruction by us in connection with the Service including in connection with age or other verification steps.
7) Your Content
a) You are responsible for your Content.
b) You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
c) You must ensure that your profile and any other Content is and remains complete, accurate and is not misleading in any way and that you will update it so that it remains so.
d) You must not under any circumstances publish or send any Content which:
i) involves an image of any person under 18 (or any higher applicable age of consent in countries outside the UK); or
ii) enables any person under 18 to be identified or contacted (eg name, address, email etc).
f) We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or where required by law or where requested by the police or other appropriate authorities.
g) It is your responsibility to decide which Content to publish or send (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Do not send or publish any Content if you are concerned that it may be misused.
h) It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
i) We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
j) We may irretrievably delete all of your Content if this contract ends. You should make a backup of any Content that you wish to keep.
k) Any Content (images, videos, cam feeds, etc.) that you publish must be only for the purposes of meeting or interacting with other Members and must not be published through our platform for any other reason.
8) Other Users and their Content
a) We may in our discretion carry out User verification steps but we do not guarantee to do so. Even if we do so, such steps are not foolproof. We do not endorse or recommend any Users or their profiles or other Content, even if the User or Content is shown as verified (whether by us or other Users). You deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
b) You acknowledge that in using the Service you may be exposed to inappropriate Content or behaviour. If so, please contact us by clicking on the “Report Profile” link on the Contact Us page. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the Service.
c) When arranging to meet others through our Service, outside of any BUFFMATES controlled events, you must take appropriate precautions and follow any safety guidelines on our Service. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.
9) Third party services / advertising / websites
We may display third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
If we ourselves provide any guidance or other general information on our Service, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.
11) Your account
Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
12) Functioning of our Service
We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (i) to suspend the Service for repair, maintenance, improvement or other technical reason and (ii) to make changes to the Service. If the service is interrupted, and you have Upgraded, we will aim to extend your pass by at least the duration of any interruption.
13) Ending, suspending or restricting this contract
a) You may at any time end this contract (i.e. stop being a Member) by deleting your account in accordance with the instructions on our Service. (This doesn’t entitle you to a refund unless you have “cooling off” rights, explained above.)
b) We are entitled at any time to end this contract at any time for any reason, whether with or without notice. If so, we will refund in full any fees already paid which relate to the period after termination.
c) We are entitled at any time to end this contract whether with or without notice and without refund if we terminate our Service as a whole.
d) We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose temporary or permanent restrictions (see below) if:
i) you have not complied with any verification requirements;
ii) any message you send triggers our automated spam filters;
iii) we have reason to believe that you have breached our terms and conditions;
iv) any fees due to us are unpaid / unjustifiably charged back;
v) we think that it is necessary to protect us or others; or
vi) we are required to do so by law or appropriate authority.
vii) we believe that this action is in the best interests of the community
If we end the contract, we will refund subscription payments relating to the period after termination provided that you email email@example.com requesting a refund. There will be no refund for the period of any suspension or restriction. The restrictions above include: preventing you from accessing public postings such as forums, chat and club reviews and from making public posts.
e) If this contract ends: Your right to use our Service and all licences are terminated. We are entitled to delete all of your Content. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination / suspension / restriction (until any suspension / restriction is lifted).
a) Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
b) We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i) there is no breach of a legal duty owed to you by us or by any of our employees or agents;
ii) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
iii) such loss or damage is caused by you, for example by not complying with this agreement; or
iv) such loss or damage relates to a business of yours.
c) You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
15) Intellectual property rights
a) The intellectual property rights in all material used on or in connection with our Service are owned by us or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent.
b) You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
17) Events outside our control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
19) English law
This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.
We may send all notices under this agreement by email to the most recent email address you have supplied to us or by Private Mail through the site.
Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
21) BUFFMATES Events
a) Cancellation and Refunds
Section 22 below sets out what level of refund a member is entitled to if BUFFMATES or the member cancels the member’s attendance on a paid event. We reserve the right to suspend or block members who frequently cancel or do not show up to events.
a) The refund policy is designed to be fair to all members, as holding and then cancelling a place on an event will have made it more difficult or even impossible for other members to be able participate in the event.
When you register for an event, you are confirmed as an attendee of that event unless otherwise stated. Your refund is determined by how far in advance you cancel your booking:
i) Cancellation within 14 days of registration (provided this does not fall within 7 days of the event): full refund.
ii) Cancellation after 14 days of registration and more than 7 days before the event: 50% refund.
iii) 7 days or less before the event: no refund.
b) Refunds are processed manually and therefore take some time. Please contact us if you have not received a refund within 5 working days of notifying us of your cancellation. You can do this by emailing firstname.lastname@example.org. In truly exceptional circumstances we may, at our discretion, agree to refund more than the amount that would normally be due. The above only covers events delivered by BUFFMATES. Events delivered by third parties are not covered by this policy.
c) Fees for events cancelled by BUFFMATES will be refunded in full. BUFFMATES does not accept any liability for any costs (travel, accommodation, food, clothing etc.) incurred by Members associated with their attendance at a BUFFMATES event. We will only cancel paid events in extreme cases. Where BUFFMATES cancels a free event, BUFF PREMIUM members will not be entitled to any refunds or payments.
d) For all events, whether those run by BUFFMATES and our volunteers, or by third parties, we recommend you have appropriate travel insurance (if necessary) to cover you for the cost of any changes you may need to make to your plans.
e) For themed or 'age range' events, members are asked to respect the nature of the event. Members who sign up and pay for an event, who do not fall within the 'eligible criteria' of the event, will have their place cancelled and will not be refunded.
f) BUFF Premium Members who sign up to and fail to attend, or cancel their place less than 12 hours before an event, on three of more occasions will, at the discretion of BUFFMATES, have their BUFF Premium membership terminated. No refunds will be issued for any remaining term of the subscription, in line with Section 2.4 (c) of the BUFF PLUS Terms & Conditions.
23) Looking after yourself on a BUFFMATES event
a) We want you to be safe when participating in our events but some risks are inherent, especially in some of our outdoor activities. We will always take reasonable and proportionate precautions against known risks, but we can not completely exclude them. For this reason, we encourage our members to take out their own insurance against the risk of injury or other loss or damage on an event, as BUFFMATES does not provide this and can not be held responsible for any loss or damage you may suffer, unless it results from our negligence.
b) Safeguarding your property on an event will always be your responsibility and BUFFMATES will accept no responsibility for loss or damage to your property, no matter how it is caused.
c) By registering for an event, you undertake to tell us about any medical condition you have or suspect you may have, which could affect or limit your participation in the event or expose you or others to risk in any circumstances. In the event of an accident, the we will aim to pass on any relevant information to any person who may need to have it. BUFFMATES will not disclose medical information you give us for any other purpose, and we will not store any information of this kind.
24) Licence to use assets
In order to keep our costs to a minimum, and to assist us to create and run our events, we seek to use, and re-use, images, video and other assets provided by our members to promote our events, thereby avoiding the charges for the use of commercially available assets. To assist us in this, by providing to BUFFMATES by any means any photograph, video, film, image or content of any kind relating to a BUFFMATES event or activity (“the asset”) our members grant to BUFFMATES an irrevocable licence to use that asset for the purposes of BUFFMATES in perpetuity, in any and all media now existing or to be invented and in any territory in which BUFFMATES operates or seeks to operate.
We reserve the right to use photos and videos take on our events to promote BUFFMATES in any and all media now existing or to be invented. Members who do not wish to be included in such materials are responsible for advising us of this and for not participating in any photography or filming at events.
If you have any complaints, please use the Contact Us page.