Terms and Conditions

Please read these terms and conditions carefully, they contain important information about your rights and obligations.

1. INTRODUCTION

1.1 Please read these terms and conditions carefully in conjunction with our privacy policy before using the website operated by DGate Limited, known as DGate, ("DGate", "our", "we" or "us") (a company limited by guarantee, no. 5742690). Our privacy policy is incorporated into these terms and conditions. In particular, we draw your attention to clause [11] (Liability).

1.2 A part of our website is only accessible by entering a valid Username and Password ("login details") provided by DGate, known as the "Member Area". To access the Member Area, you must be a Member who has registered for a Space Mail® account (a "Registered Member") or someone who has been permitted limited access to the Member Area through a referral email received from an Registered Member (a "Guest Member") (collectively, "Members").

1.3 By clicking on the button marked "I Agree" at the end of these terms and conditions and/or by using or accessing any part of our website, you agree to be legally bound by these terms and conditions of use and our privacy policy as they may be modified and posted on our website from time to time at our sole discretion.

1.4 If you do not wish to be bound by these terms and conditions and our privacy policy then you may not use our website. THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY APPLY TO THE USE OF EVERY PART OF THE WEBSITE.

2. NATURE OF OUR WEBSITE

2.1 Our website provides a web service, called Space Mail®, that will enable users to manage their social activities through a multi-functional socially-related electronic mailing account with extended features allowing users to create and maintain social networks, organise social events, discuss social-related topics with other users and access products offered by social-related businesses.

3. The Social Pages

3.1 A part of the website allows social-related businesses to advertise their goods, services, events or other products (the "Products"), all visitors to view information on their Products and read reviews, and Members to interactively share experiences and discuss particular topics in relation to the Products or other social-related topics through online forums (the "Social Pages").

3.2 The Social Pages are divided into two parts: "commercial pages" (the area for businesses to advertise) and "personal pages" (the area where Members can create their own pages for discussion).

3.3 All visitors to the Social Pages may search by commercial or personal page categories, keywords or by geographical location. Members can add content to the Social Pages and can save pages into their favourites. Saving a page to their favourites allows that Member's basic demographic details (such as gender, age, bracket, location) to be viewed by the page owner, but these are only statistics as part of a group of people from which it is not possible to identify that Member. Visitors to the Social Pages may consent to their name and email address being added to a mailing list of a page owner by checking a tickbox. Please refer to our privacy policy for further details.

3.4 In relation to the content published on our website relating to the Products:

3.4.1 all such content, such as (but not limited to) details of prices is provided by third party businesses and is published in good faith;

3.4.2 we do not (to the extent permitted by applicable law) accept responsibility for, or give any warranties as to the accuracy or otherwise of such content (whether published on or offline), including prices of Products which are subject to changes by the third party businesses, and the use of such content;

3.4.3 all such content is provided on an "as is" basis and you assume total responsibility and risk for your use of or reliance on such information.

4. Space Mail® ACCOUNTS

4.1 Customers or social-related businesses who register with us will be provided with an online account (a "Space Mail® account"). There are three types of Space Mail® account, "personal accounts", "guest accounts" and "business accounts".

4.2 The prices and package descriptions provided below are subject to change and are for guidance only. For an up-to-date list of our account options and prices please email us at contactus@spacemail.com.

Customers

4.3 When you register as a Registered Member, you are provided with a personal account free of charge. You receive your own personal Space Mail® inbox as part of your personal account which can be accessed in the Member Area of the website. This Space Mail® inbox comprises the following areas:

4.3.1 my circles, which allows Members to maintain their social circles. Each circle space comes with a forum for Members to post and/or exchange messages/file attachments, or cast votes in a decision making poll, as well as extended areas to share media content such as pictures, audio and video;

4.3.2 my events, which allows Members to organise and manage social events, including designing and sending the invites and managing the event guests. Each event space comes with a forum for Members to post and/or exchange messages/file attachments, or cast votes in a decision making poll, as well as extended areas to share media content such as pictures, audio and video;

4.3.3 my pages, which allows Members to create areas of discussion and interaction around a particular topic to appear in the Social Pages. Each page listed in the Social Pages comes with a forum for Members to post and/or exchange messages/file attachments, or casts votes in a decision making poll, as well as extended areas to share media content such as pictures, audio and video. Decided by the page owner, each Social Page can be "private" (in which case only people the page owner invites can view it) or "public" (in which case the page is listed in the Social Pages search area and can be viewed by the general public).

4.4 A personal account provides the holder with:

4.4.1 access to the Member Area and use of basic features within it;

4.4.2 a personal Space Mail® inbox (see 4.3 above);

4.4.3 a usage allowance of 500 circles, 500 events, 500 Social Pages (for events and Social Pages this limit applies to Space Mail® owned by the account holder only);

4.4.4 a media upload allowance of 0 pictures, 100 audio files and 20 videos.

4.5 Registered Members may pay to upgrade their personal account (an "Account Upgrade") for a renewable one year period to have unlimited access to all areas and features of the website. Payment is on a pre-pay one-off basis or can be arranged on a subscription "auto-renew" basis and is non-refundable even if the personal account is closed before expiry of the relevant one year period.

4.6 Each Guest Member is provided with a guest account free of charge. A guest account provides the holder with:

4.6.1 restricted access to the Member Area and use of certain features;

4.6.2 the ability to view forums and post messages on a forum further to an invitation to contribute by a Registered Member;

A holder of a guest account cannot upload any files or media or create any circles, events or Social Pages.

Businesses

4.7 Social-related businesses may open a business account with us free of charge. Holders of business accounts can create web pages for publishing on the commercial pages of the Social Pages. We currently charge £10 per page to publish one page for one year on the commercial pages (setting a page "live"), subject to change without notice. There is no limit to the number of pages a business can create and/or publish.

4.8 A business account offers the following additional features to a personal account:

4.8.1 the website for the business can be embedded on the front page;

4.8.2 marketing statistics can be extracted, such as page rating, page view, gender, location, age range breakdowns and numbers of customers who have saved the page as a favourite;

4.8.3 a mailing list of customer names and email addresses can be created. Visitors who have saved the page as a favourite can agree to be added to this list by checking a tickbox.

Payment

4.9 Payment for Account Upgrades or commercial pages can be made online by credit or debit card using Protx's card processing facility (see Protx's website for security and other details as www.protx.com) or another suitable transaction service to ensure the security of card transactions.

5. FORUMS

5.1 Parts of the website are interactive areas which allow Members to share experiences, discuss particular topics, post messages and upload media files or other attachments ("forums").

5.2 Any Guest Member (where invited to contribute to a particular forum by a Registered Member) or Registered Member may post content on a forum, where content includes uploaded files as well as messages ("Postings").

5.3 For your protection when you use a forum we recommend that you consider, especially in relation to forums on a public Social Page, whether you should:

5.3.1 use or disclose your name and any personal details by which you could be identified (including your address, telephone numbers, email addresses) or the name or personal details of others;

5.3.2 identify yourself and address other Members other than by Username;

5.3.3 give out any financial information (such as bank account details or credit card numbers) on the forum;

5.3.4 alert our team by emailing contactus@spacemail.com if someone attempts to send you their own or someone else's personal details.

5.4 We cannot accept any liability for any loss or damage you may suffer as a result of you revealing your identity or other personal details when using the website.

5.5 We reserve the right to review, store, copy, edit, reject, block, delay, suspend, remove or delete Postings or take down the forum at any time and in our sole discretion. You waive and agree not to assert any so-called moral or similar rights (whether arising under the Copyright Designs and Patents Act 1988 or otherwise) you may have in any Postings that you make. This includes waiving the rights to be identified as the author of and to prevent derogatory treatment of the Postings.

Postings

5.6 By posting on a forum, you hereby grant to DGate and its assignees a licence to publish, use, modify, publicly display, reproduce and distribute such Postings on the website or in any other media and to grant a licence to third parties to re-produce any Postings.

5.7 You must ensure that there is nothing in your Postings which is or might be regarded as harassing, threatening, abusive, vulgar, obscene, defamatory, racist or otherwise unlawful.

5.8 Any attachment uploaded onto the website, including photographs (and other images) and audio and video files, are Postings for the purposes of these terms and conditions. We permit them to be uploaded onto certain forums but only subject to specified file size limits and to obtaining the prior consent of any person who can be identified from the photograph, image, audio or video file. Downloading of audio or video files is not permitted.

5.9 DGate assumes no responsibility for monitoring any forum on the website for inappropriate content or conduct. If at any time DGate chooses, in its sole discretion, to monitor the forum, DGate nonetheless assumes no responsibility for Postings, no obligation to modify or remove any inappropriate Postings, and no responsibility for the conduct of the user submitting any such Postings.

5.10 You are solely responsible for the Postings that you post on any forum. We do not endorse and have no control over the Postings. Postings are not necessarily reviewed by us prior to publication and do not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the Postings or as to the accuracy and reliability of the Postings and expressly disclaim any and all liability in connection with Postings.

5.11 You warrant that your Postings, or any use we may make of them under these terms of use, and any web page you create for publishing on the Social Pages will not:

• violate the rights of or harm or threaten the safety of any person;
• infringe the copyright, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
• contain malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs or material; or involve the transmission of junk mail, chain letters or unsolicited mass mailing ("spam");
• contain any over sized fonts, JavaScript, tables, headings or other advanced HTML commands. Please use only bold or coloured fonts to emphasise your points;
• be created for the purpose of damaging, or without just and reasonable cause be likely to damage, the reputation of any third party individual or business, or deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• violate any applicable law, statute, rule or regulation;
• where a Posting is a photograph (or other image), audio or video file, contain nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.

5.12 If you become aware of any Postings which contain materials which breach any of these terms and conditions or are objectionable in any way please contact DGate by electronic communication to the following email address contactus@spacemail.com. You can also let us know about any such objectionable Postings by flagging the public Social Page on which it appears by using the "report" feature inside that Social Page.

Disclaimers

5.13 We are not responsible for any incorrect or inaccurate Postings, posted on our website or in connection with our website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any Posting.

5.14 You assume total responsibility and risk for any purchases you make in connection with any Products, offers of any goods or commercial or professional services, any requests or offers of financial aid or otherwise made via Postings or otherwise via our website (including purchases of Products from third party businesses or individuals advertising in the Social Pages). All such purchases are transactions solely between you and that third party business or individual. We are not a party to any such transaction and do not endorse or recommend any Products. We accept no liability whatsoever for any loss, whether direct or indirect, arising in connection with the transaction.

6. APPLICABILITY OF ONLINE MATERIALS

6.1 We have used our best endeavours to ensure that our website complies with UK laws. We make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

7. MODIFICATIONS TO WEBSITE

7.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.

7.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

8. COPYRIGHT RESTRICTIONS

8.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is DGate, its affiliates or other third party licensors. All company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. Commercial use or publication of all or any items displayed on our website is strictly prohibited without prior written authorisation from DGate. You may copy documents for personal use only on the condition that copyright and source indications are also copied and no amendment or editing is made and the document is copied in full. Some documents have been published on this site with the permission of the relevant copyright owners and permission to copy them must be requested from the copyright owners where possible. Third party sources are indicated within these documents.

9. CONFIDENTIAL INFORMATION

9.1 As a Member, you must take all reasonable precautions to prevent the disclosure and unauthorised use of the following information and you must not write down or tell anyone:

9.1.1 your login details or those of any other Member, should you come to know them;

9.1.2 any information which you come to know via use of the Member Area of the website and which is expressly stated to be confidential.

9.2 If you suspect that someone knows your login details, you should immediately contact us by email at contactus@spacemail.com, or by post at 121-123 Charterhouse Street, London, EC1M 6AA and change your password to prevent any misuse of your account. Your liability will cease in relation to actions after we receive notification. If unauthorised use of your login details is due to you acting without reasonable care, fraud, your disclosure to someone else or misuse, you will be liable for any loss caused.

9.3 We reserve the right to suspend your access to the Member Area at any time at our discretion, including for the following reasons, namely, if:-

9.3.1 incorrect login details were used to attempt to access your account; or

9.3.2 we suspect an unauthorised person is attempting to access your account.

10. LINKED SITES

DGate make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from DGate and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that DGate endorses or accepts any responsibility for the content, or the use of, such a website and DGate shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

11. AVAILABILITY OF OUR WEBSITE

11.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

11.2 We will try to ensure that all data relating to each Space Mail® account are backed up daily but we can accept no liability for any loss of emails, Postings or other information in or relating to your Space Mail® account caused by the unavailability of our website and/or your Space Mail® account or by any circumstance outside of our control.

12. LIABILITY

12.1 We accept no liability for any loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, whether due to inaccuracy, error, omission or any other cause and whether on our part or the part of our servants, agents or any other person or entity. For the avoidance of doubt, we expressly exclude any liability for any loss wherever and however arising as a result of use of our website, including as a result of any Posting.

12.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

12.3 We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any Products, our website or any information or service provided through our website.

12.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

13. GENERAL

13.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

13.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

13.3 You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by DGate or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions (including our privacy policy).

13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

13.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

13.6 Except in respect of a payment obligation, neither you nor DGate will be held liable for any failure to perform any obligation to the other due to causes beyond your or DGate's respective reasonable control.

13.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

13.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

14. NOTICES

14.1 All notices shall be given:

14.1.1 to us via e-mail at contactus@spacemail.com or by post at 121-123 Charterhouse Street, London, EC1M 6AA; or

14.1.2 to you at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.

15. REPLACEMENT

These terms and conditions replace all other terms and conditions previously applicable to the use of our website.