Terms of Service
THIS DOCUMENT SETS OUT THE TERMS ON WHICH GOSHARED UK LIMITED (“goshared”) PROVIDES YOU WITH ACCESS TO GROUPS.GOSHARED.COM (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. YOU ACKNOWLEDGE THAT BY CLICKING ON A WHERE A LINK TO THIS DOCUMENT IS PRESENTED, OR BY USING THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE AND ALL ITS FEATURES AND FUNCTIONALITIES.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
1. INFORMATION ABOUT GOSHARED UK LIMITED, THE SERVICES AND THE WEBSITE
- 1.1 The Website is owned and managed by goshared UK Limited, a company registered in England and Wales with the company registration number 07853432 and having its registered address at goshared UK Limited, The Old Exchange, Hartfield Road, Forest Row, East Sussex, RH18 5BZ.
- 1.2 goshared operates and maintains the Website, which is an online marketplace and social network. The Website provides the means for you to (a) offer to purchase a share in an asset and/or share in an asset advertised on the Website with one or more other members; and (b) to invite offers from other members who wish to purchase a share of an asset and/or share in an asset in which the inviting member owns, shares or intends share; and (c) use online systems and all other services made available to you by goshared on the Website (collectively, the “Services”).
- 1.3 goshared may be contacted using the contact details made available on the Website.
- 2.1 In order to use the Services, you shall be required to register as a member of the Website (“Member”) with goshared using the online registration form made available to you on the Website. By completing the online registration form, you consent to goshared conducting verification and security procedures in respect of the information provided in such online registration form.
- 2.2 You hereby warrant that the information provided by you to goshared is true, accurate and correct. You further warrant that you shall promptly notify goshared in the event of any changes to such information provided.
- 2.3 Upon the completion and submission of the online registration form by you on the Website, you shall be sent an email (“Confirmation Email”) confirming your registration with goshared.
- 2.4 You shall keep your registration details for the Website (“Sign In Details”) confidential and secure. Without prejudice to the other rights and remedies of goshared, goshared reserves the right to promptly disable your Sign In Details and suspend your access to the Services and/or the Website in the event goshared has any reason to believe that you have breached any of the provisions set out herein.
- 2.5 For the avoidance of doubt, you shall have no access to the Services and certain aspects of the Website if you choose not to register as a Member.
3. FORMATION AND TERMINATION OF YOUR CONTRACT WITH GOSHARED LIMITED
- 3.1 Your contract (“Contract”) with goshared shall commence at the point at which you complete and submit the online registration form.
- 3.2 You may terminate your Contract with goshared by removing your Member profile (“Profile”) from the Website.
- 3.3 goshared may suspend or terminate your access and use of the Website and/or the Services as a Member in the event that:
- 3.3.1 third party services and network providers cease to make the third party service or network available to goshared;
- 3.3.2 goshared believes that you or someone using your Sign In Details and/or Profile has failed to comply with one or more of these Terms;
- 3.3.3 goshared believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Website and/or the Services (in whole or in part); or
- 3.3.4 goshared believes that you have provided it with any false, inaccurate or misleading information.
- 3.4 Upon termination of your Contract with goshared in accordance with this clause 3, your access to the Website and the Services shall cease.
4. MEMBER OBLIGATIONS
- 4.1 You agree that you are solely responsible and liable for all activities on the Website and use of the Services made using your Profile or Sign In Details.
- 4.2 You shall promptly notify goshared in the event of a breach of security or any unauthorised use of your Sign In Details or Profile.
- 4.3 The description of the asset in respect of the Services shall be accurate and all images and details accompanying the advertising of an asset using the Services must be related to such asset offered for shared ownership or use.
- 4.4 You agree that in your use of the Services and the Website, you shall not submit to appear on the Website, any image, review, comment, link or other material whatsoever (“Member Submission”) that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
- 4.4.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- 4.4.2 harass or advocate harassment of another person;
- 4.4.3 display pornographic or sexually explicit material;
- 4.4.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- 4.4.5 promote any illegal activities;
- 4.4.6 provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
- 4.4.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
- 4.4.8 engage in the promotion of contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of goshared; or
- 4.4.9 infringe any rights of any third party.
- 4.5 You acknowledge that making a Member Submission does not guarantee that such Member Submission, or any part thereof, shall appear on the Website, but agree that goshared may, at its sole discretion, choose to display any Member Submission or any part of a Member Submission that you make on the Website. You hereby grant to goshared a non-exclusive, perpetual, irrevocable, worldwide licence to make your Member Submissions available on the Website and to edit your Member Submissions in the event that goshared deems it necessary or desirable to do so for any reason.
- 4.6 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Member Submission that you make using the Services and to the Website.
- 4.7 If you think that any Member Submission made by the other members is objectionable, you are advised to contact goshared using the contact details set out on the Website. goshared shall use its reasonable endeavours to review the relevant Member Submission as soon as is practicable and shall take such action as it deems necessary, if any.
- 4.8 You further agree that at all times, you shall:
- 4.8.1 not use your Sign In Details and/or Profile with the intent of impersonating another person;
- 4.8.2 not allow any other person to use your Sign In Details and/or Profile;
- 4.8.3 not use the information presented on the Website and/or through your use of the Services for any purposes other than those expressly set out in these Terms;
- 4.8.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Services and the Website or in respect of the network;
- 4.8.5 not use the Website and/or the Services, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
- 4.8.6 not use any information obtained using the Services and/or the Website otherwise than in accordance with these Terms;
- 4.8.7 comply with all instructions and policies from goshared in respect of the Website and your use of the Services;
- 4.8.8 co-operate with any reasonable security or other checks or requests for information made by goshared; and
- 4.8.9 use the information made available to you using the Services and on the Website at your own risk.
- 4.9 In the event that goshared, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 4, goshared shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website and the Services; and in the case of illegal use, to instigate legal proceedings as appropriate.
5. YOUR RELATIONSHIP WITH OTHER MEMBERS
- 5.1 You acknowledge and agree that goshared only provides you with the facility to browse the Website, upload Member Submissions, make and receive expressions of interests in the assets or other offers featured on it, use the Services provided and communicate with other members of the Website. Consequently, you understand that it is your responsibility and not the responsibility of goshared to decide what relationships you want to establish with other members through the Website and to manage those relationships accordingly. You are also advised to take all reasonable care if you choose to meet with other members.
- 5.2 You further acknowledge and agree that any sale or purchase of assets or any sharing arrangement initiated or managed through the Website using the Services shall be governed by contracts between you and the other members and goshared shall not be liable in any way and for any reason whatsoever in respect of the contract between you and the other members.
- 5.3 If you are unsure about the terms of the contract between you and the other members for the sale and purchase or use of the assets made available on the Website, goshared recommends that you seek legal advice and perform the relevant due diligence required prior to any such transactions.
6. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
- 6.1 You hereby warrant that (a) you are at least 18 years old; (b) you have the right and capacity to enter into and be bound by these Terms; and (c) you shall comply with all applicable laws regarding the use of the Services and/or the Website.
- 6.2 You further warrant that the information provided to goshared by you, including all Member Submissions, are at all times true, accurate and correct and that you shall promptly inform goshared in the event of any changes to such information.
- 6.3 You hereby warrant, represent and guarantee that you are either (a) the legal and equitable owner of the asset that you have made available for sharing on the Website; or (b) you have the right by the legal and equitable owner of the asset to make such asset available for sharing on the Website using the Services.
- 6.4 goshared does not verify and does not have any control over any Member Submission, or any information in any format made available to you using the Services and the Website. Consequently, goshared does not warrant or guarantee the accuracy, correctness, reliability, suitability in respect of the Member Submission and your use of the Services and all information made available to you. goshared suggests that you do not rely on such Member Submission or any information in any format made available to you on the Website to assist in making or refraining from making a decision, or to assist in deciding on a course or a specific cause of action. If you so intend to use and/or rely on such Member Submission and information made available to you on the Website and through your use of the Service, you do so at your own risk and liability.
- 6.5 Additionally, you agree and understand that where goshared includes views, opinions, advice and recommendations, these views opinions, advice and recommendations are not endorsed by goshared and to the maximum extent permitted by law, goshared shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice and recommendations.
- 6.6 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of goshared and goshared accepts no liability for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
- 6.7 You acknowledge and agree that goshared relies on third party providers to make the Services and the Website available to you. Consequently, goshared does not warrant that the Service and the Website shall be uninterrupted or fault-free at all times. For the avoidance of doubt, goshared shall not be liable for any delay or failure to provide the Services and/or make the Website available for reasons that is due to third parties including without limitation, internet service providers, data centres, server hosting companies and telecommunication providers.
- 6.8 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. Consequently all information, advice, suggestions and recommendations, including without limitation, the Member Submission and all information made available to you are provided to you on an “as is” basis.
- 6.9 Nothing in these Terms shall be deemed to exclude, restrict or limit the liability of either party (or their respective agents or sub-contractors) for death or personal injury resulting from their negligence or any liability for fraudulent misrepresentation.
- 6.10 Subject to clause 6.9, goshared shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of profit, loss of data, loss of contract, loss of goodwill and reputation, loss of management time or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Service, the Website and the contents therein.
- 6.11 Unless otherwise expressly set out to the contrary in these Terms, goshared's liability to you in connection with your use of the Service and the Website shall be strictly limited to £250.
- 6.12 In the event you have a dispute with one or more of the other members, you hereby release goshared from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
7. INTELLECTUAL PROPERTY RIGHTS
- 7.1 goshared and its licensors own all rights in the intellectual property rights relating to the Website.
- 7.2 You are expressly prohibited from:
- 7.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the products and properties and submissions in the form of articles and write-ups made available on the Website; and
- 7.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by goshared and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of goshared or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to goshared.
- 7.3 For any queries in respect of the intellectual property rights relating to the Website, please notify goshared UK Limited by writing to us at the address set out in paragraph 10 hereunder.
- 9.1 If goshared fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
- 9.2 A waiver by goshared of any default shall no constitute a waiver of any subsequent default.
- 9.3 No waiver by goshared of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- 9.4 All notification and communication to goshared should be sent to the contact details set out on the Website.
- 9.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- 9.6 These Terms represent the entire agreement between you and goshared in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 9.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
- 9.8 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
- 9.9 goshared reserves the right to modify these Terms at any time. Any changes we may make to these Terms in the future will be notified and made available to you using the Website.
10. CONTACT DETAILS
Please direct any queries about these Terms (preferably by email) to:
goshared UK Limited
The Old Exchange
Forest Row, East Sussex, RH18 5BZ