(A) These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which You access the Membership which may includes Paid Content, via a Subscription, and is sold by Us to business customers through this website, https://www.queerys.com/ (“Our Site”). If You are a consumer You must contact us separately prior to purchasing a Subscription.
(B) Please read these Terms of Sale carefully and ensure that You understand them before purchasing a Subscription. You will be required to read and accept these Terms of Sale when ordering a Subscription. If You do not agree to comply with and be bound by these Terms of Sale, You will not be able to purchase a Subscription and access Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
(C) All of the information that We give to You will be part of the terms of Our Contract with You whether it is information that We:
(i) are required by law to give to You before You order a Subscription; or
(ii) voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.
We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment.
(D) Paid Content is intended for access and use only by a person who is aged 18 or over, and only a person of that can set up an Account and purchase a Subscription.
(E) These Terms of Sale, as well as any and all Contracts, are in the English language only.
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means the account, referred to in sub-Clause 7, that You must set up with Us in order to purchase any Subscription;||“Background Items”||means background and other information or materials relating lives or pre-recorded videos provided or accessed by You, all of which information or materials is downloadable or viewable as text/graphics;|
|“Third Party Resources”||means any content, including written content and pre-recorded videos, provided by a third party businesses; and||“Contract”||means a contract between Us and You for the purchase of a Subscription for You to access any Paid Content, as explained in Clause 7;|
|“Paid Content”||means any content (including text, graphics, images, audio, and video) comprising any live or pre-recorded videos, any or any Background Items or other materials or information, which We offer. The Background Items and other information or materials are sold by Us through Our Site and made available by Us by means of Our Account Area on Our Site, Our private Facebook Groups and by emails to You.|
Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription.
|“Subscription”||means a subscription to Our Site and our Private Facebook Group(s) purchased by You which provides You with the entitlement and access to Paid Content.|
By entering into a Subscription You are purchasing either a monthly or yearly Subscription which will renew automatically, in the case of a monthly Subscription, on a monthly basis, and in the case of yearly Subscription, on a yearly basis. Your Subscription will auto renew until cancelled.
|“Subscription Confirmation”||means Our acceptance and confirmation of Your purchase of a Subscription;||“Order ID”||means the reference number for Your Subscription; means the reference number for Your Subscription;|
|“We/Us/Our”||means Queerys Limited a company registered in England under 13542613 whose registered address 85 Great Portland Street, London, W1W 7LT;||“You” or “Your”||means the business who sets up an Account and purchases a Subscription and accesses and uses any Paid Content;|
|“Lives” or “Pre-recorded Videos”||means any video content made available on Our Site or Facebook Group whether provided by Us or a Third Party Resource;||“Advertising”||means Us promoting Your business on any of our social media accounts. In certain Subscriptions we may also place advertisement on Our Site; and|
|“Directory”||means a searchable catalogue of businesses available on Our Site in which Your business will appear, subject to Your paid Subscription being up to date; and|
(a) any and all rights in any patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trade marks and service marks, copyrights, database rights, know-how, rights in designs and inventions;
(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);
(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and
(d) the right to sue for past infringements of any of the foregoing rights;
2.1 Our Site, https://www.queerys.com/, Facebook Groups, Instagram accounts and Linkedin accounts, is owned and/or operated Queerys Limited a company registered in England under 13542613 whose registered address 85 Great Portland Street, London, W1W 7LT
3.1 If You wish to contact Us with general questions, You may contact Us by Direct Message in our Facebook Groups, by email at email@example.com or by post to 85 Great Portland Street, London, W1W 7LT.
4.1 Only if a person is aged at least 18 years of age may they set up an Account or purchase a Subscription through Our Site and access Paid Content.
5.1 These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content as a Consumer. They are meant for business customers only.
5.2 These Terms of Sale constitute the entire agreement between Us and You with respect to Your purchase of Subscriptions and Paid Content from Us. You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
6.1 When purchasing a Subscription from Us You will be informed of the level of Subscription including the characteristics of the same prior to completing Your purchase. We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive.
6.2 We may, from time to time, offer lives, pre-recorded videos or Third Party Resources from businesses not owned by Us. Whilst every effort is made to ensure that such Third Party Resources are relevant We are unable to take responsibility for any problems arising therein.
6.3 Where Your business is advertised on Our Site or any of our social media platforms it is Your responsibility to ensure that information provided to us is correct. In the event that You discover incorrect information relating to Your business You must notify us promptly.
6.4 As part of Your Subscription Your business will be added to our Directory. It is Your responsibility, through the Account section of Our Site, to ensure that Your information is correct and updated as required. By submitting Your business information to the Directory You confirm that You own the rights to any intellectual property used. You further confirm that You will not place or use any information or descriptions within Your profile or Directory listing that other users may find offensive. In the event that any Directory listings are found to be offensive, or where they fail to uphold Our values, we reserve the right to remove the Directory listing and cancel Your Subscription. In the event Your Subscription is cancelled for this reason You will not be entitled to a refund.
6.5 We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 14 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract by emailing firstname.lastname@example.org and stipulating Your reasons.
6.6 New content will be added to the Subscription and our social media regularly. Any new content will be provided on an as and when basis and we make no guarantee as to the amount of new content that will be made available each month.
6.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.12 regarding VAT, however).
6.8 All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 days, We will treat Your order as cancelled and notify You of this in writing.
6.9 If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. Should You wish to cancel the Contract You may do so by emailing email@example.com and stipulating Your reasons
6.10 If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
6.11 All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.1 Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
7.2 If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.
7.4 Subscription Confirmations shall contain the following information:
7.4.1 Your Order ID;
7.4.2 Confirmation of Your purchase;
7.4.3 A link to Your subscription account including password.
7.5 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 days.
7.6 Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
7.7 Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription.
8.1 Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).
8.2 We accept the following methods of payments on Our Site:
8.2.1 Stripe which accepts payments by Visa, Mastercard or American Express.
8.3 If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. If You do not make payment within 7 Days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
8.4 If You believe that We have charged You an incorrect amount, please contact Us at firstname.lastname@example.org as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.
9.1 Paid Content appropriate to Your Subscription will be available to You immediately when We send You a Subscription Confirmation and will continue to be available for the duration of Your Subscription (including any renewals), or until the Contract is otherwise ended. It is Your responsibility to submit Your information to the directory upon receipt of Your Subscription Confirmation.
9.2 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
9.2.1 To fix technical problems or to make necessary minor technical changes;
9.2.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
9.3 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.2, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). If the suspension lasts (or We tell You that it is going to last) for more than 14 days, You may end the Contract. To do so You must contact us requesting the same.
9.4 We may suspend provision of the Paid Content if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.
10.1 When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the relevant Paid Content for Your personal business use. You must not share our Paid Content. The licence granted to You does not give You any rights to Our Paid Content (including any material that We may licence from third parties).
10.2 The licence granted under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
10.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and
10.2.2 When You use a two-way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it;
11.1 You may cancel Your Subscription at any time, however We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
11.2 If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
11.3 If You wish to exercise Your right to cancel under this Clause 11, You may cancel Your Subscription via the account area on our website. Details of how You can access the same are detailed within our Subscription Confirmation email, Module 1 in the welcome section. In the event You have difficulties in cancelling the same please email Us at email@example.com
11.4 Where You contact us by email You must provide us with Your name and Subscription ID.
11.5 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
11.6 Refunds under this Clause 11 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
11.7 Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.
12.1 Subject to sub-Clause 12.3, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between You and Us.
12.2 Subject to sub-Clause 12.3, Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise to 100% of the total of one month Subscription fee under this contract in question.
12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, pandemics, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.2.1 We will inform You as soon as is reasonably possible;
13.2.2 We will take all reasonable steps to minimise the delay;
13.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly; and
13.2.4 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary.
13.3 If the event outside of Our control continues for more than 2 calendar months We will cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible.
14.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder.
15.1 With the exception of Paid Listings, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
15.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site or social media platforms unless given express written permission to do so by Us.
15.4 Where You submit information for use in Our Directory or request Us to use the same in Advertising the following applies:
15.4.1 All Intellectual Property Rights subsisting in any materials shall at all times remain Your property (or its licensors, as appropriate).
15.4.2 You hereby grant to Us a limited, non-exclusive, non-transferable, revocable, worldwide licence to use any materials provided by You for the purposes of Advertising or Your business appearing in Our online Directory.
16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.
17.1 These Terms of Sale, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.
17.2 Any disputes concerning these Terms of Sale, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
1. Use of Paid Content may be made available via Our Site, social media platforms or, on occasions, Zoom platform to access any lives or pre-recorded videos. Collectively referred to as “Content”. Such content is provided on the following basis.
2. The technology that We will be responsible for providing
We will subscribe the platforms and will pay any necessary fees to maintain that subscription. Where applicable it will enable us to “host” and to provide Content to You over the internet via those platforms.
We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable Your use of the Content.
3. The technology and other items that You will be responsible for providing
It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive Content on those platforms.
You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:
(a) An appropriate functioning Device which is adequately charged;
(b) Up to date applications for those platforms where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Content;
(c) Stable, reliable, internet access with adequate speed;
4. Scope of what We make available to accessed
We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.
We will not be responsible or liable to You if You are unable to access any of the Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Content that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):
(a) Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
(d) Your inability to access the Content due to failure of or defects in Our Site etc.
5. Account set-up needed
In order to purchase any Subscription and enable You to receive any Content, You will first need to set-up and then maintain an Account on Our Site. Our site will guide You through the process of setting up an Account. Please also note the following in regard to Account set-up.
You may not create an Account if You are under 18 years of age.
During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.
6. Your responsibility for Your Account and its security
You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.
You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.
You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.
When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.
If You wish to close and delete Your Account, You may do so via the Contact Us section of Our Site.
7. Your privacy and security on each occasion when Content is accessed
Where any session that You access is two-way synchronous livestream audio and/or video technology (not a pre-recorded one-way transmission), on the occasion You accessing it, it will also be made simultaneously accessible to all others who have purchased it and choose to access it unless We specify that it is to be made available on that occasion only to You as an individual private session.
Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session:
(a) When You sign into any social media or the Zoom platform, You should indicate Your first name only since Your name will be visible to Our other customers taking part;
(b) You understand and are aware that there is a risk that other people may see and hear (via the video and/or audio facilities. This includes not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
(c) The space that You use should be free of others and it should be difficult to see or hear via the Zoom platform or social media platforms and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
(d) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
(e) In any event, it will be Your responsibility to ensure that You have a suitable space to use when participating in any two-way session in order to protect Your privacy and that of others in or near that space.
We will not be liable to You for any loss or damage arising from Your failure to comply with the above requirements.
8. Scope of Content
The Content made available to You will depend on the Subscription purchased. To ascertain what Content will be made available to You please check Your Subscription Confirmation. Below we detail the types Content that could be made available to You depending on Your Subscription purchased.