Terms and Conditions

1. Introduction . This Agreement is a legal document that sets out your rights and obligations, and those of Talk2Dad.net ("Talk2Dad.net", "we" or "us"), in relation to this site and the services offered by Talk2Dad.net through it (the "Talk2Dad.net Service"). You must take the time to read and understand it, before registering for the Talk2Dad.net Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Talk2Dad.net Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Talk2Dad.net Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

2. Types of membership . People who pro-actively register for the Talk2Dad.net Service become "Full Members". They must be at least 18 years of age. The Membership of Talk2Dad.net divides between those who pay the fee we charge to become what we call a "Full Member", and those who do not ("Standard Members").

Standard Members:

•  Are granted access to a given family unit within the Talk2Dad.net system by the Full Member, and

•  may post pictures, files, diary entries and web-page content that appear on the Talk2Dad.net Service; and

•  send internal messages to both Full Members and Standard Members within a family unit defined by the Full Member; and

•  utilise the Talk2Dad.net instant messaging system with the Full Member of the family unit.

In addition, Full Members may:

- create and maintain any number of Standard Members within their family unit; and

- post to any message boards which may be available on the Talk2Dad.net Service.

We are not an internet service provider, however, in order to avail of the Talk2Dad.net Service, you must have internet access and all the software (and skills) required for email and web usage.

3. Important Note: Full Membership. If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you promptly after that fee is paid. This means that you do not have the right to cancel your Full Membership during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.

The Full Membership fee will be communicated to you when you sign up for Full Membership.

If you wish to continue your Full Membership after the expiry of your twelve month subscription period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Full Membership.

Full members agree to take complete responsibility for the actions (in accordance with this agreement) of Standard Members for whom access to Talk2Dad.net has been granted by the Full Member, where the Standard Member is under the age of 18 years.

4. Registration . You undertake to register for the Talk2Dad.net Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the Talk2Dad.net Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

5. Privacy policy . Talk2Dad.net's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy.

6. Talk2Dad.net's Role . You, whether you are a Member or just a non-Member who visits the Talk2Dad.net Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Talk2Dad.net Service or outside of it. We only provide a venue where the Talk2Dad.net Service may be accessed. In particular, you should be aware that Talk2Dad.net does not pre-screen or monitor the material contributed by Members.

7. Additional services . Talk2Dad.net or its affiliates may offer new or additional services through the Talk2Dad.net Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.

8. Operation of Talk2Dad.net Services . Talk2Dad.net reserves the right to withdraw or modify one or more aspects of the Talk2Dad.net Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Talk2Dad.net Service becomes inaccessible as a result of technical difficulties experienced by Talk2Dad.net or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Full Membership fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the Talk2Dad.net Service, except as provided in Clause 11(ii) below. For security or other reasons, we may require you to change password or other information which facilitates access to the Talk2Dad.net Service.

9. Misuse of Talk2Dad.net Service . We reserve the right (a) to suspend or terminate any Member's access to the Talk2Dad.net Service, or parts of it, and/or (b) to remove, edit, or require the Member to remove, edit, material posted on the Talk2Dad.net Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Talk2Dad.net Service without our prior written consent. You are responsible for everything that is done on or through the Talk2Dad.net Service while your Membership account is logged on to the Talk2Dad.net Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Talk2Dad.net Service, or parts of it, if the relevant Member is abusive, discriminatory or threatening to, harasses or communicates offensive messages or images to another Member, whether or not through the Talk2Dad.net Service.

10. Reasonable Use . The Talk2Dad.net Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

- place material on, or otherwise use, the Talk2Dad.net Service for any business or commercial purpose or for mass file storage of material not deemed relevant for the purposes for which Talk2Dad.net was intended; or

- use your access to the Talk2Dad.net Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

11. Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Talk2Dad.net Service.

(ii) Fees paid by a Full Member will not be rebated or refunded by Talk2Dad.net, except as follows. If, under Clause 8 above, we entirely withdraw an aspect of the Talk2Dad.net Service for which you have subscribed, or the entirety of the Talk2Dad.net Service itself, then you may be entitled to a rebate of your Full Membership fee for the remainder of the twelve month period to which that fee relates;

(iii) No rebate of any part of the Full Membership fee will be payable under any circumstances, other than as provided in this Clause 11(ii).

We may offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

12. Prohibitions . You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Talk2Dad.net Service, nor any activity or communication you make in connection with any Talk2Dad.net Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.

13. Alerting Talk2Dad.net . If you see anything on the Talk2Dad.net Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us alert@talk2dad.net . We do not generally monitor material contributed by Members before it is placed on the Talk2Dad.net Service, and so we are reliant upon users to point out any which infringes this Agreement.

14. Withdrawal of material and Termination of Membership . Each Member acknowledges that we are entitled to withdraw any material on the Talk2Dad.net Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Talk2Dad.net Service into disrepute. However, each user acknowledges that we do not regularly monitor material which appears on the Talk2Dad.net Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Talk2Dad.net Service.

15. Disclaimer and Release . Talk2Dad.net has no control over or responsibility for the truth or accuracy of any material available on the Talk2Dad.net Service, whether provided by Members or others.

- If any third party sites are linked to from the Talk2Dad.net Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

- You should exercise no lesser degree of caution in appraising what you see on the Talk2Dad.net Service than you do offline.

- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

- Your use of the Talk2Dad.net Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Talk2Dad.net its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the Talk2Dad.net Service and the material included here by Members and other third parties.

16. Intellectual Property . You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Talk2Dad.net Service are owned by Talk2Dad.net. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Talk2Dad.net Service, or any of the material which is found on the Talk2Dad.net Service unless properly licensed to do so by us.

By submitting any material to the content to the Talk2Dad.net Service, you:

- are representing that you are fully entitled to do so;

- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

17. Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Talk2Dad.net will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

18. Maximum liability . Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Talk2Dad.net under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £24, or (b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

19. Non-excluded Liabilities . Nothing in this Agreement limits Talk2Dad.net's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

20. Indemnity . You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Talk2Dad.net Service.

21. Assignment . We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Talk2Dad.net assign or dispose of this Agreement.

22. Entire Agreement . This Agreement includes our Privacy Policy . Together they contain the whole of the agreement between us and you concerning the Talk2Dad.net Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

23. Changes to this Agreement . Talk2Dad.net reserves the right to change this Agreement from time to time, and post the new version on the Talk2Dad.net Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.Talk2Dad.net.co.uk) [and we will inform you via e-mail]. The new version of these terms and conditions will take effect, and will govern all Talk2Dad.net Services and your relationship with Talk2Dad.net:

- commencing four weeks after the date of posting (or such later date as Talk2Dad.net indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Talk2Dad.net Service; or

- immediately upon the date of posting (or such later date as Talk2Dad.net indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Talk2Dad.net's addresses or email addresses referred to in this Agreement.

24. Severability . In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

25. Law . This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

26. Keeping this Agreement . We don't separately file the individual Agreements entered into by members when they register for the Talk2Dad.net Service. You can access it at www.Talk2Dad.net. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

27. Contact . You can contact us by post at Talk2Dad.net, Bryn Maldwyn, Llanerfyl, Welshpool, SY21 0EY. Please ensure you include your email address and registered Talk2Dad.net Family ID (if appropriate) with all correspondence.