The terms and conditions for using our website
1. INTRODUCTION
These are the terms and conditions (“terms”) of use which apply to this website.
In these terms:
1.1 ‘Need To Know’, ‘we’, ‘us’ or ‘our’ means the Need To Know Club Ltd. entity with which you are interacting. For example, the entity managing the website you are using;
1.2 ‘the site’ or ‘the website’ means the Need To Know website – needtoknow.club – you are visiting or engaging with; and
1.3 ‘you’ and ‘your’ means you, the person engaging with us, subscribing to our services or visiting our site.
By subscribing to our services, visiting our site or otherwise interacting with us, you agree to be bound by these terms. If you do not wish to be bound by these terms you should not access or use the website.
2. OWNERSHIP
The website is operated by Need To Know Club Ltd. which is a company registered in England and Wales with registration number 11073503. Our registered office and postal address is 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, England.
3. USING THE WEBSITE
3.1 The website is split into two areas being: (a) content and functional elements which are (subject to these terms) accessible to all visitors of the website without charge; and (b) the Premium Services which are available only to Members. Additional terms apply to Members of our Premium Services as set out at Clause 4 below.
3.2 Wherever you are asked to provide information in connection with the website, you agree to provide true, accurate, current and complete details. You are not obliged to provide Need To Know with any optional information requested.
3.3 You agree not to:
3.3.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or email address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
3.3.2 modify, access or make available data stored on a computer or device which you have accessed through our network, when either: (i) the owner of the data, computer or device has taken steps to prevent you from doing this; or (ii) the owner has expressed a wish that you do not do this;
3.3.3 make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
3.3.4 damage, interfere with or disrupt access to the website or do anything which might impair its functionality;
3.3.5 use the website in any way to send unsolicited (commercial or otherwise) e-mails or any material for marketing or publicity purposes, or any similar abuse of either;
3.3.6 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
3.3.7 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
3.3.8 falsify the true ownership of software or other material or information contained in a file made available via the website; and/or
3.3.9 obtain or attempt to obtain unauthorised access, through whatever means, to the website.
3.4 Need To Know reserves the right to decline any application to register as a Member of our Premium Services at its sole discretion.
3.5 Access to our Premium Services is password restricted. You shall keep confidential and secure any username, password and other security information relating to the website and you shall not share such information with any third party. You acknowledge and agree that you shall be responsible and liable for all acts and instructions performed by you or any third party following access to the website using passwords and security information relating to the website. If you believe that your password or security information has been knowingly or unknowingly shared with a third party, you agree to immediately notify Need To Know upon first becoming aware of this.
3.6 Without prejudice to its other rights and remedies, if Need To Know in its reasonable opinion considers that the licence granted to you under these terms is being abused in any way by you then Need To Know may immediately cancel or suspend at its sole discretion your access to the website without further obligation to you.
3.7 Need To Know reserves the right to alter, suspend or discontinue any aspect of the website including your continued access. Need To Know do not guarantee that any content or functionality that is accessible only to Members of our Premium Services will always remain available only to Members; or that content that is accessible to all will remain free of charge.
3.8 You shall at all times:
3.8.1 comply with all reasonable directions issued by Need To Know in relation to access to and use of the website;
3.8.2 comply with all applicable laws, regulations and codes; and
3.8.3 be responsible for your connection to the website.
4. PREMIUM SERVICES
4.1 Clause 4 is applicable only to Members of our Premium Services.
4.2 Each Member agrees to pay the subscription fees annually in advance at the rates in effect at the date and time of subscribing to our Premium Services.
4.3 Subscription fees shall be payable immediately by credit or debit card and are non-refundable.
4.4 In the case of Members paying by credit or debit card, Need To Know will confirm your successful payment detailing the provision of the services, the term of your agreement and the subscription fees which Need To Know has charged to your card.
4.5 By submitting credit or debit card payment details to Need To Know you warrant that you are entitled to use those payment details. In case of unauthorised payments, without prejudice to its other rights and remedies, Need To Know reserves the right to suspend or terminate your access to our Premium Services. If Need To Know does not receive payment authorisation or authorisation is subsequently cancelled, Need To Know may without prejudice to its other rights and remedies, immediately terminate or suspend your access to our Premium Services.
4.6 All amounts due from you to Need To Know under this agreement shall be paid in full without any set-off, deduction or withholding of or in respect of any tax, unless you are required by law to make such deduction or withholding. If you are required by law to make any deduction or withholding from any payment to Need To Know under this agreement of or in respect of any tax, you will immediately notify Need To Know of such requirement and the sum payable by you in respect of which the deduction or withholding is required shall be increased to the extent necessary to ensure that, after the making of the deduction or withholding, Need To Know receives on the due date and retains (free from any liability in respect of the deduction or withholding) a net sum equal to that which it would have received and retained had no deduction or withholding been required or made.
4.7 Failure to make any payment in full when due shall be a material breach of the agreement.
4.8 All fees are expressed exclusive of VAT.
4.9 Need To Know will make reasonable efforts to process your subscription promptly but does not guarantee that your subscription access or supply of any login and/or password will be available by or within a particular time even if specifically requested by you.
4.10 Need To Know will alert Members that the subscription to our Premium Services is due to expire at least 30 days before the end of the term by email. Unless Need To Know receives written notice from a Member 14 days or earlier prior to the end of the term, Need To Know reserves the right to automatically renew the subscription for an additional year at the rate existing at the time of the renewal date.
4.11 If Need To Know agrees (in its sole discretion) to provide further services to you other than Premium Services the parties shall agree an additional fee in writing to be charged in connection with the provision of such additional services, to be agreed on a case by case basis.
5. USER ACCOUNTS
5.1 In order to access our Premium Services, you will need to create an account (“User Account”). You can create a User Account on the website using your email address, first name and last name. If you amend details about yourself within your User Account this data will be retained as the master copy of your data. If you choose to deactivate your User Account all your data will be deleted by us.
5.2 If you provide an email address that will result in any messages Need To Know may send you being sent to you via a network or device operated or owned by a third party, then you warrant that you are entitled to receive those messages. You also agree that Need To Know may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if Need To Know receives a request from a third party to stop sending messages to you.
5.3 You must never use another Website user’s account without obtaining their prior consent. You must provide full and accurate information, including your real name, when you create your User Account. You are solely responsible for the activity that occurs on your User Account, and so we suggest that you keep your User Account password secure. You must notify us immediately if you are aware of any unauthorised use of your User Account.
5.4 Please review the privacy policy for details of the management of your personal data.
6. USER SUBMISSIONS
6.1 We may now or in the future allow the submission to the website of videos and/or other communications or materials by users of the website (collectively “User Submissions”).
6.2 User Submissions must comply at all times with these terms and with any separate terms and conditions relating to such User Submissions that we may publish on the website from time to time.
6.3 By submitting any User Submissions to the website you hereby grant to:
6.3.1 Need To Know a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive licence and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the User Submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations; and
6.3.2 each user of the website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the website.
6.4 By submitting User Submissions to the Website you warrant, represent and undertake to us that you have full power and authority to grant the rights and licences relating to the User Submissions set out in this Agreement and the User Submissions you submit:
6.4.1 do not infringe any third party’s intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy;
6.4.2 do not violate any law, statute, ordinance or regulation;
6.4.3 are not defamatory, libellous, threatening or harassing;
6.4.4 are not obscene or pornographic;
6.4.5 do not violate any laws;
6.4.6 do not include e-mail addresses, URLs to personal websites and/or blogs or phone numbers, and/or
6.4.7 are not a report of someone else’s experience.
6.5 We do not endorse any User Submission or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission conditions and/or breach of any intellectual property rights.
6.6 If you believe any of the User Submissions on the website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us at [email protected]
6.7 You acknowledge that when using the website, you may be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
6.8 If you choose to submit a nomination it must be your description of the experience you had with friends, family or on your own. We encourage nominations that are helpful for others and an explanation of what you enjoyed or didn’t.
6.9 By submitting a nomination to the website you hereby confirm that the nomination is based on your own experience and is your genuine opinion, that you have no personal or business relationship with what you are nominating, have not been offered any incentive or payment to submit your nomination and have no personal grievances to air.
6.10 You acknowledge and agree that you understand that Need To Know has a zero-tolerance policy on fake nominations.
7. WHAT WE WILL DO
7.1 We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation if you cannot use any part of the website because of a failure, suspension or withdrawal of all or part of the website for any reason.
7.2 We will use reasonable endeavours to verify the accuracy of any information that we make available either directly or through any website partners wherever practical however we are not in a position to ensure the complete accuracy of information that can often change, such as menu or current prices and we strongly recommend that prior to relying on information made available through the website, such information, where capable of change, is confirmed with the applicable venue, facility or service provider.
8. WHAT WE CAN DO
8.1 We can at any time:
8.1.1 Modify or withdraw, temporarily or permanently, the website (or any part of it) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
8.1.2 Change these terms. Your continued use of the website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms have been changed. If you do not agree to any change to the terms then you must immediately stop using the website; and/or
8.1.3 Monitor any activity and content associated with the website. We may investigate any reported violation of these terms or complaints relating to the website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
9. WEBSITE PARTNERS
9.1 The Website is controlled and offered by us from England.
9.2 The Website may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you will need to comply with. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
9.3 Third party links do not imply that we endorse, are affiliated or associated with any linked website, or are legally authorised to use any intellectual property accessible through such links.
10. LIMITATION OF LIABILITY
10.1 You agree that you use the website entirely at your own risk.
10.2 The website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the website, or products or services offered on the website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, availability, non-infringement, compatibility, security, accuracy, condition or completeness or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the website or products or services offered on the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the website.
10.4 Need To Know shall not be liable for any damages whatsoever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of the website, the provision of or failure to provide services, or for any information obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, or otherwise, without limitation, even if Need To Know has been advised of the possibility of damage.
10.5 If you are dissatisfied with any portion of the website, or with any of the terms, your sole remedy, except as specifically provided in these terms, is to stop using the website.
10.6 Notwithstanding anything in the terms, Need To Know does not disclaim liability for death or injury caused by its own negligence.
10.7 Need To Know reserves the right to remove any information or material on the website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
11. INDEMNITY
11.1 You undertake to Need To Know that you will not use the website for any purpose or in any way that is prohibited by these terms or is otherwise unlawful.
11.2 You agree to indemnify Need To Know, its officers and employees in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The website, and all the information and graphic representations or images on it (“Content”) are owned by, or licensed to, Need To Know. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of Need To Know.
12.2 You may view the website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
12.3 Without our written consent, you may not use, transfer, copy or reproduce any part of the Content, the website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
12.4 You warrant that it is legal for you to view this website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
13. VIRUS PROTECTION AND COMPATIBILITY
13.1 While certain precautions have been taken to detect computer viruses and ensure security, Need To Know cannot guarantee that the website is virus-free and secure.
13.2 Need To Know shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Need To Know does not give any warranties as to the compatibility of the website with your computer systems, software and/or hardware.
14. TERMINATION
14.1 Need To Know may restrict your access to the website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
14.1.1 There is a regulatory or statutory change limiting the ability to provide access to the website;
14.1.2 There is any event beyond the reasonable control of Need To Know preventing Need To Know from providing access to the website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
14.1.3 Need To Know considers in its sole discretion that you are abusing the website or are otherwise acting in breach of these terms.
15. GENERAL
15.1 Unless otherwise specified, the website is directed solely at those who access this website from the United Kingdom. Those who choose to access the website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable, in accordance with clause 12.4.
15.2 A failure or delay by Need To Know in enforcing compliance with these terms shall not be a waiver of that or any other provision of these terms.
15.3 None of these terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
15.4 If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
15.5 These terms constitute the entire agreement between you and Need To Know as to your use of the website and shall supersede any prior agreement or representation in respect thereof.
15.6 The express provisions of these terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
15.7 Any and all notices to be given by either one of us to the other pursuant to or in connection with these terms shall be deemed sufficiently given when forwarded by email in each case addressed to you at the email address you have given us or to us at the email address displayed on the website.
15.8 English law governs these Terms. You submit to the exclusive jurisdiction of the English courts.
