IMPORTANT LEGAL NOTICE

ATTENTION:

These terms and conditions (Terms and Conditions), along with any documents referred to herein apply to the entire contents of the website under the domain name 'thejenahuraclub.com' (Site), to any correspondence by e-mail between us and you and to any use by you of the Site in any capacity whatsoever.

Please read the Terms and Conditions carefully before using the Site. Using the Site indicates that you agree to be bound by these Terms and Conditions and to abide by them. If you do not accept these Terms and Conditions, do not use the Site. This notice is issued by Jenahura Limited (Company).

1. INTRODUCTION

1.1 You may access most areas of the Site without registering your details with us. Certain areas of the Site are only open to you if you register.
1.2 You must be aged [18] years or over to register and open an account with the Site
1.3 By accessing any part of the Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Site immediately.  
1.4 The Company may revise the Terms and Conditions at any time by updating this page. You should check the Site from time to time to review the then current Terms and Conditions, because they are binding on you. Certain provisions of the Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Site.  
1.5 The Site is operated by the Company, a company registered in England and Wales with registered number 5418450. The Company has its registered office at Bearwood Lakes Golf Club, Bearwood Road, Sindlesham, Nr Wokingham, Berkshire, RG41 4SJ. The Company's VAT number is 832 1651 51.

2. LICENCE

2.1 You are permitted to print and download extracts from the Site for your own, non commercial, use on the following basis:
(a) no documents or related graphics on the Site may be modified in any way;
(b) no graphics on the Site may be used separately from the corresponding text; and
(c) the Company's copyright and trade mark notices and this permission notice must appear in all copies.  
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of these Terms and Conditions, any use of extracts from the Site other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in these Terms and Conditions, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.  
2.3 Subject to clause 2.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.  
2.4 Any rights not expressly granted in these Terms and Conditions are reserved.

3. SERVICE ACCESS

3.1 While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company shall not be liable if for any reason the Site is unavailable at any time or for any period.  
3.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

4. VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.  
4.2 You are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, in breach of legal duty owed to a third party, in contempt of court or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
(d) that misrepresents your identity or affiliation with any person, impersonates another person or gives the wrongful impression that it originates from the Company or its associates;
(e) which advertises or promotes any products, services or web links to any other website, retailer or competitor of the Company; or
(f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Site (including, without limitation, by hacking).  
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or 4.3.
4.6 You warrant that any material you submit to or post on the Site does not infringe the intellectual property rights of any third party and you agree to fully indemnify and hold us harmless for any breach of this warranty or condition 4.2.
4.7 By submitting material to the Site you agree to grant the Company a non-exclusive licence to use freely use, edit, alter, reproduce, publish and/or distribute the material. Such licence will be free of charge, perpetual and capable of sub-licence. The Company may exercise all copyright and publicity rights in the material contained in your submission in all jurisdictions, to the fullest extent and for the full period over which such rights exist in that material.
4.8 The Company reserves the right to promptly remove from the website, or disable access to, any material which the Company, in its sole discretion deems to be potentially defamatory of any person, unlawful or in violation of any third party rights.

5. YOUR ACCOUNT

5.1 On completion of the registration process you will be provided with a password and your account will be activated.
5.2 You must keep your password secure and confidential at all times and you must not disclose it to any third party.
5.8 You have the right to cancel your account within [7] days of activation on written notice to the Company at Jenahura Limited, Bearwood Lakes Golf Club, Bearwood Road, Sindlesham, Nr Wokingham, Berkshire, RG41 4SJ or  info@jenahura.com. Any refund of any subscription fee paid shall be paid by the Company to such nominated UK bank account as you inform the Company of from time to time. This does not affect your statutory rights.
5.10 If you do not pay the required subscription fee when it falls due, your right to receive services from the Company via the Website (or otherwise) shall be suspended, unless or until you pay such fee in full.
5.11 The Company's liability in connection with the provision of any services to you is strictly limited to any fee paid by you to the Company for the provision of such services, other than in circumstances where such limitation of liability is prohibited by law.

6.  LINKS TO AND FROM OTHER WEBSITES

6.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them, and accepts no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
6.2 If you would like to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Jenahura Limited logo;
(b) you do not create a frame or any other browser or border environment around the Site;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Jenahura Limited trade marks displayed on the Site without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 The Company expressly reserves the right to revoke the right granted in clause 6.2 for breach of these Terms and Conditions and to take any action it deems appropriate.
6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 6.2.

7. DISCLAIMER

7.1 While the Company endeavours to ensure that the information on the Site is correct, the Company does not warrant the accuracy and completeness of the material on the Site. The Company may make changes to the material on the Site, or to the products and prices described in it, at any time without notice. The material on the Site may be out of date, and the Company makes no commitment to update such material.
7.2 The material on the Site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Site on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law) which, but for this legal notice, might have effect in relation to the Site.  

8. LIABILITY

8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.  
8.2 Subject to condition 5.11, the Company, its associates, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.3 Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is  defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.  

9. VIRUSES, HACKING AND OTHER OFFENCES

9.1 You must not misuse the Site by knowingly transmitting, sending and uploading or introducing any material that contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attach the Site via a denial-of-service attach or a distributed denial-of-service attack.
9.2 By breaching condition 9.1, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
9.3 The Company Systems will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

10. BREACH OF THESE TERMS AND CONDITIONS

10.1 If the Company considers that you have breached these Terms and Conditions, it may at its discretion take such action as it deems appropriate. Failure to comply with these Terms and Conditions may result in the Company taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use the Site;
(b) immediate, temporary or permanent removal of any of your material posted on the Site;
(c) issue you with a warning;
(d) take legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach or any other further legal action.

11. FORCE MAJEURE

11.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, and of our obligations under a contract or these Terms and Conditions that is caused by events outside our reasonable control ("Force Majeure Event").
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any contract or these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. The Company will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

12. GENERAL

12.1 If any part, term or provision of these Terms and Conditions is held to be illegal, invalid or otherwise unenforceable, the validity or enforceability of the remainder of these Terms and Conditions shall not be affected.
12.2 The failure or delay of the Company to exercise or enforce any right in these Terms and Conditions does not waive the Company's right to enforce such right.
12.3 Notwithstanding anything to the contrary contained in these Terms and Conditions, these Terms and Conditions shall not operate to confer any rights or benefits on any third parties other than the associates of the Company.
12.4 Nothing in these Terms and Conditions shall create, or be deemed to create a partnership or the relationship of principal and agent between the Company and you.
12.5 When using the Site, you accept that communication with us will be mainly electronic. The Company will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.6 All notices given by you to us should be sent to Jenahura Limited, Bearwood Lakes Golf Club, Bearwood Road, Sindlesham, Nr Wokingham, Berkshire, RG41 4SJ or info@jenahura.com. The Company may give notice to you at either the email or postal address you provide to us when registering, or in any of the ways specified in condition 12.5. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

13. INTERPRETATION

13.1 The headings in these Terms and Conditions are inserted for convenience and shall not affect their construction.
13.2 Where appropriate, words denoting a singular number only shall include the plural and vice versa.
13.3 Reference to any statute or statutory provision includes a reference to the statue or statutory provision as from time to time amended, extended or re-enacted.
13.4 These Terms and Conditions shall be governed by and interpreted in accordance with English law, and shall be subject to the exclusive jurisdiction of the courts of England provided always that the Company may at its option bring any proceedings, action, claim, suit or enforcement proceedings in such other legal jurisdiction as it shall from time to time determine.