BLINKCOLLECTIVE offers you use of this site upon the following terms and conditions.
The BLINKCOLLECTIVE website (“Services”) is operated and maintained by Skip A Blink Ltd and by using this site you agree to be legally bound by the following terms and conditions of use (“Terms”), irrespective of you becoming a Guest of the services offered on this site.
If you do not agree to these terms you have no right to use this site or the information contained within it. Failure to use this site as detailed in these terms may lead to severe civil and criminal penalties. We also reserve the right to change these terms at any time and your continued use of the site will indicate that you accept the terms and conditions applicable at the time of you using the site. As such you should review these terms periodically.
BLINKCOLLECTIVE is an introduction service for experiences. We provide the venue for Hosts to promote their experiences and for Guests to find suitable experiences. Should a Host and Guest choose to engage in participating in experiences through BLINKCOLLECTIVE then this is a contract of engagement between the Host and Guest. BLINKCOLLECTIVE has a contract with the Guest to ensure that the relevant monies reach the Host in timely manner so as not to impact on the Host / Guest relationship. Likewise BLINKCOLLECTIVE has a contract with the Host to ensure that the relevant monies from the Guest are paid in timely manner so as not to impact on the Host / Guest relationship.
Financial transactions between Hosts and Guests will be conducted using PayPal as the financial intermediary. Funds can be paid using credit / debit cards or PayPal accounts. This website used PayPal to manage payments and charges apply to all transactions and will be borne by the Host (see HYPERLINK “http://www.paypal.com” www.paypal.com for rates). At the time of writing charges are a maximum of 3.4% + £0.20 per withdrawal. PayPal is an internationally recognised service to at once facilitate the payment process for all Guests and ensure the maximum security for all parties.
All payments will be made via the BLINKCOLLECTIVE PayPal. To secure a booking Guests will guarantee payment of the agreed experience price plus the BLINKCOLLECTIVE commission using PayPal. The ‘guarantee of payment‘ is a facility that enables PayPal to withdraw the agreed amount at a designated time in the future. This process enables a Guest to book an experience in advance whilst retaining access to those funds. Hosts have a security of knowing that the Guest is serious about their booking and the reassurance that the payment has been made. When making a booking the Guest will receive Unique Verification Number. This number, when given to the Host upon arrival / departure, will enable the Host to instruct PayPal to complete the payment process. PayPal will use the BLINKCOLLECTIVE account simply as an intermediary to call the payment from the Guest and subsequently pass on the monies to the Host, minus the relevant commission. BLINKCOLLECTIVE will not access any monies from the Host or Guest and all transactions will be conducted via PayPal using the BLINKCOLLECTIVE PAYPAL account to maximise security. BLINKCOLLECTIVE will only receive its commission as payment.
Hosts set a price for an experience, BLINKCOLLECTIVE charge a commission and Guests pay the combined total price ie: Experience price plus commission. Experiance Prices are set independently of BLINKCOLLECTIVE and can be changed at any time by the respective Host.
BLINKCOLLECTIVE will charge Hosts a fixed commission, which is subject to change without prior notice. However, the BLINKCOLLECTIVE commission is added to the asking price of the experience and as such the host will always receive the amount of money that they wish for the property should it be rented out through BLINKCOLLECTIVE.
6. Guest RESPONSIBILITY
BLINKCOLLECTIVE is a venue to share information and if members wish, they may choose to welcome, in their own home, people they meet through the site. Members of BLINKCOLLECTIVE are under no obligation at any stage to be a Host or be a Guest. BLINKCOLLECTIVE is not involved with the contact and agreements made between Hosts and Guests and we do not have any control over the behaviour or conduct of our members or the accuracy of the information that members post on this site.
Guest verification on the Internet is very difficult and we are therefore unable to confirm that members are who they say they are. Although we provide tools to assist you in verifying addresses we stress that you are solely responsible for accepting a booking and determining the identity and suitability of BLINKCOLLECTIVE members as Hosts or Guests. We do not endorse any Guests of this site and we do not conduct any research into their backgrounds be it criminal or moral conduct. Also, we do not verify address information but we do encourage Guests to book through using our online payment services so that there is a traceable and verifiable means of identifying Hosts and Guests should the need arise. We encourage all Guests to communicate with potential Hosts and Guest using the tools available on this site.
Interaction With Other Guests:
You are solely responsible for your interactions with this service and between other Guests. BLINKCOLLECTIVE will not be held responsible for any harm or damage resulting from the use of this service. BLINKCOLLECTIVE reserves the right to monitor communications between its members and to edit material that we deem inappropriate or that may cause offence.
BLINKCOLLECTIVE is a site venue and in the event that you have a dispute with one or more Guests you indemnify BLINKCOLLECTIVE (directors, employees, affiliates and agents) of all blame arising from claims, demands or damages that are future and past, known and unknown.
7. Guest CONDUCT
Guests are required to act responsibly and with good judgement. For example, and not limited to, you shall not:
7.1 break the law or applicable regulations;
7.2 infringe third party rights, without limitation, intellectual property, privacy, publicity or contractual rights;
7.3 use information obtained through BLINKCOLLECTIVE for any unauthorised purpose;
7.4 interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
7.5 use our Services to make available information concerning another person or entity, distribute, post or submit any information concerning any other person or entity, for example: Photographs, personal contact information, credit or debit card information.
7.6 use our Services to distribute spam, bulk emails or any other commercial, political, religious or sexual email not in-line with the nature of the Services.
7.7 “stalk” or harass any other Guest of our Services;
7.8 manage, collect or store any information about other Guests that is not directly related to the use of our Services.
7.9 use our Services for any commercial purpose outside that which is provided for in our Services.
7.10 assist a third party in any one of the following:
registration of more than one Guest account or to create an account on behalf of any person other then yourself.
falsely represent yourself or your affiliation with any other person.
Please see our specific terms relating to Personally Identifiable Information. We value your privacy and respect your right to protect your personal details whilst online. BLINKCOLLECTIVE allows you to post photographs and detail personal information which may be available to the general public or other Guests. As such, by submitting data to your public profile you waive any privacy rights. If you do not wish to have your personal details viewed by other web Guests, do not use this site. Personally identifiable information such as your home address will be kept private and secure and only when you specifically agree that another member may receive this information will it be made available. Note, we also reserve the right to make this information available in special cases such as an emergency, to legitimate law enforcement bodies and where required by law. Additionally, we may also provide personal information to third parties who maintain and deliver our services.
8.1 – Cookies Policy
Please see our separate cookies policy page.
9. YOUR CONTENT
9.1 You Grant Us A License
By your submission of content to our site (including without limitation, your photograph(s)), you automatically grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
9.2 Content Restrictions
You and you alone are responsible for all content that you transmit (submit, post) using our services. You may NOT transmit any content that:
(a) is defamatory;
(b) contains nudity or sexually explicit content;
(c) depict the use of illegal drugs;
(d) uses offensive language or images;
(e) encourage the use of violence or deems it to be acceptable;
(f) may be deemed to undermine ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
(g) exploits the image or the likeness of persons under 18 years of age;
(h) provides a link to any commercial websites; or
(i) contains personal contact information, except as specifically required or requested as part of your registration on this site.
No Obligation To Post Content
BLINKCOLLECTIVE is under no obligation to post any content submitted by you or anyone else. Also, we reserve the right to edit, remove or delete content that you post.
10. THIRD-PARTY CONTENT
It is possible that this site will expose its Guests to third-party content through content placed directly on the site or through links to external web-sites. These are sites that we do not control and have no responsibility for. You must evaluate the risk of other Third-Party Content, including without limitation, profiles of other members.
11. PROPRIETARY RIGHTS
All content on the BLINKCOLLECTIVE website is protected by proprietary rights and laws. These include but are not limited to copyright and trademarks. Unless expressly authorised by us you may not use content sourced from this site. This includes but is not limited to: selling, renting, modifying, licensing, copying or distributing of content. You are of course able to use content within the framework of the site as it is intended.
Use Of Our Intellectual Property
You are not allowed to systematically source data from BLINKCOLLECTIVE.com to compile a database or directory, or such like. Use of Trademarks (including metatags) and written material is also prohibited on other sites. You may not display any portion of the BLINKCOLLECTIVE website without prior consent from HYPERLINK “mailto:info@BLINKCOLLECTIVE.com” info@BLINKCOLLECTIVE.com. You may however create ordinary links to the homepage of BLINKCOLLECTIVE.com without prior consent.
12. Guest NAME AND PASSWORD
A Guest name and password will be selected by you on registering with this site and the confidentiality of this information is your sole responsibility. To help ensure the integrity of this information you must: (1) log off when terminating a session on the site and (2) inform us immediately if you suspect that anyone has breached your personal security and accessed your personal information.
It is the sole discretion of the website administrators and without liability to you and with or without cause or prior notice that we may, at any time: (1) terminate access to our services, (2) deactivate or delete your account and relevant information and (3) ban you from accessing any of our files or Services.
14. DISCONTINUANCE OF SERVICES
As part of our business and at our discretion we may amend our services to you - this may be without prior notice and may include, without limitation: stopping, modifying, temporarily or permanently, any aspect of our Services.
15. LEGAL COMPLIANCE
When using our Services you shall comply with any and all applicable local, regional, national and international laws and regulations. You hereby represent and warrant to us that you are not on bail from prison, wanted in respect of any crime or intend to use this service for any criminal activity.
You agree that you will adhere to the laws of your country and that you may not be able to participate in the services offered by BLINKCOLLECTIVE should they conflict with the laws of your country (this may be the disclosure of personal information required to become a member of this site). If you proceed with using the services offered by this website you hereby confirm that you will not violate, or cause us to violate, the laws of your country.
16. REPRESENTATIONS AND WARRANTIES
You hereby confirm that: (1) you are able to enter into and adhere to these Terms; (2) you will not infringe the rights of any third party (for example: copyright, trademark); (3) you will respect all applicable laws in using our Service (this includes your actions as a Host and/or Guest) and related to any events arising from the use of our service; (4) you have the right to use all information and content you supply and that BLINKCOLLECTIVE will not violate any third party rights in using this content as outlined in these terms.
17. DISCLAIMER OF WARRANTIES
17.1 You use this service at your sole discretion and risk. Our service is provided ‘as is’ and ‘as available’. We disclaim and you waiver all warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a specific purpose and non-infringement.
17.2 We do not guarantee that; (1) our service will meet your requirements ;(2) our service will perform as expected (available, secure, error-free); (3) Information provided on the site will be accurate or reliable (4) that services, information and purchases received will meet your expectations; (5) that, whilst we take all necessary precautions, any information provided by you or collected by us, will not be disclosed to third parties; or (6) any problems relating to the site, be it data of software, will be rectified.
17.3 All data accessed or transmitted through this site will be at your sole discretion and risk.
17.4 No data, information or advice obtained by you and received from BLINKCOLLECTIVE, be it written on Oral, will create any warranty that is not expressly detailed in these terms.
18. LIMITS ON LIABILITY
18.1 BLINKCOLLECTIVE shall not be liable for damages of any kind (including but not limited to any DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) Even if we have been advised of the possibility of such damages arising from or relating to: (1) the use or inability to use the website. (2) the cost of replacement of any goods, services or information purchased or obtained as a result of using our Services (3) Disclosure, unauthorised access to or alteration of content. (4) Damages for loss / corruption of data, programs, service interruptions or purchase of replacement services even if we have been advised of such possible damages. (5) Statements, conduct or omissions of any service providers or third party services. (6) You or anyone else’s conduct in connection with the use of this site: including but not limited to: death, bodily injury, emotional distress or other damages resulting from communication or contact with another registered Guests of this site, (7) any other issue resulting from or connected with the use of these services or these terms.
18.2 BLINKCOLLECTIVE will not be liable for any failure or delay in performing under these terms.
18.3 In no event will BLINKCOLLECTIVE’s aggregate liability for damages relating to our services, to you or any third party, exceed the sum of ONE HUNDER POUNDS (£100).
18.4 Some provisions made in sections of 13 and 14 may not be acceptable in some jurisdictions and as such these may not apply to you.
YOU CHOOSE TO USE OUR WEBSITE AT YOUR OWN RISK. WE MAKE NO GUARANTEES ABOUT THE VALIDITY, RELIABILITY OR ACCURACY OF THE DATA CONTAINED ON THIS WEBSITE. WE CAN NOT ENSURE THAT THIS WEBSITE WILL ALWAYS BE AVAILABLE TO YOU, THAT ANY PROBLEMS WITH THE SITE WILL BE CORRECTED, THAT CONTENT WILL BE VIRUS FREE OR OTHERWISE HARMLESS OR THAT CONTENT IF TIMELY OR SECURE.
AS FAR AS THE LAW PERMITS BLINKCOLLECTIVE DISCLAIMS ALL WARRANTIES INCLUDING LAWS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
20. REPORTING MISCONDUCT
Any Host or Guest who you feel is or has behaved inappropriately, including without limitation: violent, sexually inappropriate behaviour, theft or offensive behaviour should be reported immediately to the appropriate authorities and by contacting us at safety@BLINKCOLLECTIVE.com provided that your report shall not obligate us to take any action or cause us to incur any liability.
Should there be any translation of any portion of this Site it is for your convenience only and you should only rely on the original version in English.
BLINKCOLLECTIVE will endeavour to resolve any dispute between us and you swiftly and cost effectively. As such we resolve to settle any dispute in accordance with these terms or failing that we may come to an agreement in writing. We encourage you to contact us directly to seek a resolution. We will also consider dispute resolutions, such as mediation, as an alternative to litigation.
(1) Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) amounting to less than Ten Thousand Pounds (£10,000) it may be elected by either party to settle the dispute through binding arbitration. This may be conducted by telephone, on line or in writing where neither party is required in person. In such cases the arbitration shall be overseen by a legitimate British arbitration body as appointed by BLINKCOLLECTIVE. Any judgement on the award delivered by the arbitrator may be submitted to any British court with suitable jurisdiction. (2) Court. Alternatively, any Claim may be judged by a British court with suitable jurisdiction as appointed by BLINKCOLLECTIVE. (3) Alternative Dispute Resolution. BLINKCOLLECTIVE will consider use of other forms of dispute resolution, such as binding arbitration (point 1) or mediation. (4) Legal Fees. All Claims (excluding requests for injunctive or equitable relief) should be settled using one of the points laid out in Section 18. Should either party file an action not inline with Section 18 the other party is eligible to recoup legal fees and costs of up to Five Thousand Pounds (£5000) provided that the other party has been notified in writing of the improperly filed claim and the other party has continued with the improperly filed claim.
Any notices or communications required by these Terms shall be in writing and shall be deemed received (a) 4 working days after being sent by registered mail or (b) 2 working days if being sent by a reputable ‘next-day delivery’ courier service. Notices shall be address as follows:
1) to Second Parallel Ltd, 37 Tonbridge Road , Maidstone, Kent, ME16 8SA and (b) to you, if you are a registered member, at the last address you provided in your registration details or updated in your personal information.
All data – text, graphics and photographs are the property of BLINKCOLLECTIVE. All Content is protected by copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Collections of data from this site to use in any other context is prohibited.
A copy of the content may be downloaded onto any single computer for personal and non-commercial use. All copyright and proprietary notices should remain intact.
These Terms shall be interpreted in accordance with the British Law, without regard to conflict-of-law principles.
These Terms are the whole agreement, and supersede all prior and contemporaneous understandings. Failure on our part to exercise any right or power under there Terms shall be considered a waiver thereof. If any points contained herein are invalid or non-enforceable all other Terms will remain enforceable. The Terms laid out here are in full and the heading are for your benefit but do not part of the Terms themselves.
© 2012, Skip A Blink Ltd