THESE TERMS AND CONDITIONS GOVERN YOUR USE OF GREATVINE'S WEBSITE AND YOUR RELATIONSHIP WITH GREATVINE. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE GREATVINE'S WEBSITE OR SERVICES AS USE OF GREATVINE'S WEBSITE OR SERVICES WILL SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU HAVE ANY QUESTIONS ON THE TERMS AND CONDITIONS PLEASE CONTACT US.
1.1 In these Terms, the following definitions apply:
"Advice by Email" means the provision of an answer sent to you from a Consultant by electronic mail in response to a question which you have submitted to the Consultant through the use of the 'Advice by Email' facility provided by Greatvine on (i) Greatvine’s Website; (ii) the Consultant's own website; or (iii) through a third party website. For the avoidance of doubt, the Advice by Email service may be provided on a Greatvine-branded, Consultant-branded, or third-party branded basis in these contexts. ‘Advice by Email’ does not include any message exchange service provided by Greatvine that does not involve you authorising the message in accordance with clause 8.8.
"Consultant" means the consultant or consultants selected by you from Greatvine's Website;
"Consultant Charges" means the charges for the Consultant Services;
"Consultant Services" means the services provided by the Consultant including, but not limited to, the provision of (i) advice or information to you; (ii) group lectures or question and answer sessions; or (iii) Packaged Content made available by the Consultant on Greatvine's Website;
"Credit Card Paid Services" means Services or Consultant Services which are paid for by you by credit or debit card;
"Fee" means a one-off payment made by a User in respect of their use of the Advice by Email service.
"Greatvine" means Greatvine Limited, registered in England and Wales under company number 6237517 and whose registered office is at 6th Floor, International House, 71 Kingsway, London WC2B 6ST. Greatvine is VAT registered under registration number 927922888;
"Greatvine's Website" means www.greatvine.com and any other websites or subsites as Greatvine may operate from time to time;
"Packaged Content" means documents provided by a Consultant which are available for download from Greatvine's Website and any information provided on Greatvine's Website about any documents. Such documents include, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, or any other record of any information in any form (including program files, audio, tape, video, disk or other device);
"PRS Paid Services" means Services or Consultant Services which are paid for by you through your phone bill by use of the Speak Now premium rate service and making a telephone call to any of the numbers on the site beginning with 090;
"Services" means (i) the display of information about Consultants; (ii) the making available of methods of selecting a Consultant; (iii) the making available of methods of communicating with a Consultant, including, but not limited to, Advice by Email; (iv) the making available of Packaged Content on behalf of Consultants by Greatvine; (v) the recording of calls should you and the Consultant so require; (vi) the provision of forums and feedback services; and (vii) any other service you require from Greatvine from time to time;
"these Terms" means the terms and conditions for the supply of Services set out in this document;
"User" means you, the individual using the Services and Consultant Services under these Terms;
"Young User account" as defined in clause 6.
1.2 A person includes a corporate or unincorporated body.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
2.1 To register for an account on Greatvine's Website, you must be over 18 years of age.
2.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
2.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
2.4 Your registration is not effective until we send you written confirmation from Greatvine, either by post or email to the address or email address you have given. Once Greatvine does so, your registration is complete and you are able to make full use of Greatvine's Website.
2.5 To cancel your registration with Greatvine's Website, you must click on the "Deactivate" button which will appear in the "Account" area once you are logged in to your account on Greatvine's Website. You may cancel your registration with Greatvine's Website at any time provided that all Consultant Charges outstanding on your account have been paid.
3. Password and security
3.1 When you register to use Greatvine's Website, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting email@example.com immediately.
3.2 If Greatvine has reason to believe that there is likely to be a breach of security or misuse of Greatvine's Website, we may require you to change your password or we may suspend your account, including any Young User's account created within your account.
4. Formation of the contract
4.1 These Terms apply to the supply of the Services by Greatvine. Other than in the circumstances set out in clause 4.4 below, any changes or additions to these Terms must be agreed in writing between you and Greatvine.
4.2 No contract exists between you and Greatvine for the supply of the Consultant Services. The Consultant Services are to be governed by the terms and conditions of the Consultant (if any) that have been made available to you on Greatvine's Website or any agreement which you may have with the Consultant.
4.3 Please note that the User (i) will incur Consultant Charges, payable directly to the Consultant, as soon as he has received any of the Consultant Services in the event of Credit Card Paid Services, (ii) the User will incur Consultant Charges, payable through his telephone bill, as soon as he calls any of the PRS Paid Services numbers using the Speak Now service, and (iii) the User will incur Consultant Charges payable through their telephone bill in the event of the User’s use of the Advice by Email service in accordance with clause 6.
4.4 Greatvine may change these terms of service without notice to you in relation to the provision of future Services.
5. Provision of the Services
5.1 It is your responsibility to provide Greatvine, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable Greatvine to provide the Services in accordance with these Terms.
5.2 When using the Advice by Email service, Users are required to provide Greatvine with an email address to which the Consultant will send a reply to the User’s question. The User is responsible for ensuring the completeness and accuracy of the email address they provide. Greatvine will send the Consultant’s reply to the email address provided by the User and may charge the User where the User does not receive a reply from a Consultant by reason of providing an inaccurate or incomplete email address.
5.3 If you fail to do so, or provide Greatvine with incomplete, incorrect or inaccurate information or instructions, Greatvine reserves the right to cancel provision of the Services and Consultant Services to you by giving you written notice, or to make a charge of a reasonable sum to cover any extra work that is required.
5.4 You should note that Greatvine does not verify the information it receives from a Consultant including, but not limited to, the qualifications, knowledge and experience of a Consultant.
5.5 By using the Advice by Email service, the User acknowledges that email is not a secure medium, and that the User is content for the Consultant’s answer, and a copy of the User’s question, to be sent by email to them at the email address supplied by them.
5.6 You undertake to:
(a) communicate with the Consultant in a courteous manner at all times; and
(b) use any advice, information (including any audio recordings and media) and Packaged Content obtained from or via Greatvine or Greatvine's Website for proper uses only and solely for the purpose for which their provision is intended. The Services offered on Greatvine's Website are intended for your personal use only and should not be resold, shared with or distributed to third parties without Greatvine’s prior written consent.
5.7 You undertake not to:
(a) use (whether oral or written) or submit any material in connection with your use of the Services which, in the reasonable opinion of Greatvine, is or may be illegal, fraudulent, is or may be protected by trade mark or other proprietary rights law or which is vulgar, defamatory, discriminatory or otherwise offensive; or
(b) cause Greatvine to be in violation of any law or regulation; or
(c) use any account without the account owner's permission; or
(d) obtain or solicit another person's personal information under false pretences; or
(e) impersonate another user or otherwise misrepresent yourself in any manner, whether to another user, to Greatvine, or otherwise; or
(f) access any portion of Greatvine's Website that you are not authorised to access; or
(g) misuse any function available on Greatvine's Website; or
(h) use any robot, spider, scraper or other automated means to access, interface with or in any connection with Greatvine's Website for any purpose without our prior express written permission; or
(i) misrepresent your intended use of the Services or the Consultant Services;
(j) deliberately contact a Consultant via Greatvine's Website in a manner which results in inappropriate or inefficient use of a Consultant's time or which could otherwise be regarded as "time-wasting";
(k) use Greatvine's Website in order to solicit the services of a Consultant other than via Greatvine's Website; or
(l) register with or make use of Greatvine's Website where your account has previously been cancelled by us.
5.8 The hours of operation of the Services and the Consultant Services will be limited by the availability of the Consultants who are not available 24 hours a day 7 days a week. Greatvine is not responsible for any Consultant being available or ceasing to be available and no guarantee is given as the current or future availability of any Consultant.
5.7 The PRS Paid Services may be used only with the bill payer’s permission (bill payer in relation to the relevant telephone account from which the call is made).
6. Terms specific to the Advice by Email Service
6.1 References to “Service” in this clause 6 are to the Advice by Email service, and references to “Question” or “Questions” are to questions submitted to the Advice by Email service.
6.2 To use the Service, Users are required to provide their email address and mobile phone number. Greatvine requires the User’s email address to (i) send the Consultant’s reply to the User, and (ii) to send alerts to the User to facilitate the service. Greatvine requires the User’s mobile phone number to (i) charge payment for the Service to the User's telephone bill via Premium SMS (PSMS), and (ii) to send text alerts to the User to facilitate provision of the service. By using the Service, the User consents to Greatvine sending the User email(s) and text messages required to facilitate provision of the Service.
6.3 Users may not submit Questions to the Service which are diagnostic, relate to acute medical and/or psychological issues, or relate to issues of immediate physical and/or mental harm. Users accept that advice from a Consultant is not a substitute for proper medical advice which should always be taken promptly if there is any doubt as to anyone’s health or medical condition.
6.4 Users may submit one Question per message. In the event that a User submits multiple Questions in the same message, the User acknowledges and consents that the Consultant, at their sole discretion, may (i) choose to decline to answer the Question, in which case the User will not be charged the Fee; or (ii) use his or her reasonable judgement to choose to answer one of the Questions submitted in the message to them.
6.5 Users acknowledge and accept that it is their responsibility to ensure that their Questions are written with sufficient clarity and completeness to be understood by the Consultant. Users should provide as much information as possible in their Question to enable the Consultant to draft a suitable reply. Neither Consultants nor Greatvine accept responsibility for answers that the User deems unsatisfactory where the Question submitted was unclear, confusing, incomplete, inaccurate, misleading, contradictory, or otherwise failed to convey the substance of the User’s Question to the Consultant accurately and completely for any reason.
6.6 In the event that a Consultant believes a Question is unclear, the Consultant may (i) use their reasonable judgement in forming an answer to the Question for the User; or (ii) reply to the User to request clarification or more information, without charging the Fee. Consultants may elect to address a follow-up question without charging an additional Fee if the first question has been mis-interpreted, but are under no obligation to do so.
6.7 If a User sends a question to a Consultant that is deemed by the Consultant in their reasonable judgement to be abusive, offensive, threatening, defamatory, indecent, derogatory, unlawful, impersonates any person, or is deliberately intended to upset others, an “Inappropriate Question”, the Fee will be charged but the User will not receive a reply from the Consultant. Where an Inappropriate Question is submitted, the User will be emailed a message notifying them that their question has been deemed in breach of these Terms, and that a reply will not be received from the Consultant.
6.8 The decision to classify a question as an Inappropriate Question is solely at the discretion of the Consultant, and Greatvine accepts no responsibility for such a classification. If a User wishes to dispute the classification of their message as an Inappropriate Question, they may contact Greatvine customer service on 0204 440 9060, and the decision of Greatvine customer service is final. In this situation, see clause 9 below.
6.9 Greatvine reserves the right to suspend or withdraw the Consultant Services from a User who submits an Inappropriate Question.
6.10 In return for payment of the Fee, a Consultant will provide information in response to the User's Question.
6.12 Users acknowledge and accept that (i) Consultants’ replies may vary materially in length (word count), detail, and in the amount of background/supporting information (if any) supplied; and (ii) the length, detail, amount of background/supporting information (if any) are not an indication of the quality, completeness or suitability of the answer. Users acknowledge and accept that there is no minimum length of reply.
6.13 Greatvine will send the User's question to the Consultant displayed in the Service at the time the User's Question is submitted. The User acknowledges that their Question may be sent to an alternative Consultant in the same subject area, in the event that the Consultant originally displayed is, or becomes, unavailable to provide a response within 24 hours.
6.14 Consultants are encouraged to provide a reply within 24 hours of receipt of an authorised Question, but neither Greatvine nor the Consultants guarantee a reply within a specified period of time.
6.15 Users consent and acknowledge that, where there is a delay in Greatvine and/or related third parties collecting payment from the User, this will delay the sending of the Consultant’s reply. During this delay period the situation about which the User has sent their Question may have changed such that the Consultant’s reply is no longer accurate, suitable or useful. Neither Greatvine nor the Consultant shall be responsible where the Consultant’s reply is (i) no longer accurate, suitable or useful and/or (ii) has been superseded by events or is delayed as a result of the User’s inability/failure to facilitate the Fee being collected by Greatvine in a timely manner.
7. Your Account
7.1 Greatvine's Website may, from time to time, offer the option for you to create a "Young User's" account within your own account so that those under the age of 18 are able to make full use of Greatvine's Website ("Young User's account"). The Young User's account forms part of your account and therefore your contract with us and by creating such account, you agree to monitor any use by and be solely responsible for any Consultant Charges incurred under such Young User accounts. Young User’s accounts will not be available in relation to the PRS Paid Services.
7.2 Each Young User will be required to submit a username and create a unique password to be used in conjunction with a secure code set by you in order to authorise payment. In order to prevent fraud, you must ensure that each Young User keeps their password and your secure code confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows the password to a Young User's account created within your account or your secure code, you should notify us by contacting firstname.lastname@example.org immediately.
7.3 While we may offer a facility for you to create a limit on a Young User's account, we cannot guarantee that the system will be effective in all circumstances and you should therefore monitor the use of Young User's accounts created in your account accordingly to ensure that sums incurred under a Young User's account are acceptable to you.
7.4 Please note that the information provided by you in creating a Young User account is for information purposes only. You are solely responsible for any Consultant Charges incurred by anyone authorised to use your account, whether by a Young User or otherwise.
8.1 Greatvine does not make a direct charge to you for using the Credit Card Paid Services. However, if you use the Credit Card Paid Services, Greatvine will facilitate your payment of the Consultant Charges directly to the Consultant. The Consultant Charges shown are inclusive of any applicable VAT.
8.2 If you use the PRS Paid Services by calling one of the Speak Now numbers, you will be charged for such usage through your phone bill for the phone from which you make the call. The amount which the PRS Paid Services will cost from a BT landline is displayed on the website. Calls from other networks or from mobiles may vary and may cost more. “Greatvine” will show up on your telephone bill alongside the charge for using the PRS Paid Services and Greatvine will pass on the agreed proportion of the amount billed to the Consultant.
8.3 At the time of registration, you will be required to enter your credit or debit card details and you hereby authorise us to: (i) contact your card provider for authorisation purposes (whether after or in anticipation of your receiving any Services or Consultant Services); and (ii) debit the Consultant Charges in respect of Credit Card Paid Services from such credit or debit card at any time, provided that the Consultant Charges shall only be debited for that part of the Consultant Services that have been performed. Please note that an authorisation from your card provider which is later revoked by them does not absolve you from payment of any Consultant Charges incurred by you.
8.4 If you choose to contact a Consultant through the Speak Now PRS Paid Services, the charges to be applied to your phone bill in respect of the Services will be clearly displayed prior to commencement of the call and you agree and confirm by making any such call that you agree to those charges and that you have the bill payer’s permission to make the call.
8.5 Greatvine may verify the authorisation of your card from time to time, including but not limited to, at the time of registration, when you use the Services to arrange an appointment with a Consultant or to download Packaged Content and before you receive the Consultant Services. Where Greatvine does not verify the authorisation of your card, this does not absolve you from the payment of any Consultant Charges.
8.6 Please note that you will not be able to confirm an appointment with a Consultant using the Credit Card Paid Services unless you have a credit or debit card linked to your account.
8.7 Users will be charged a one-off Fee for a Consultant to provide a reply to Advice by Email. The Fee will be clearly displayed where the Advice by Email service is promoted. The Fee will be charged to the User's mobile phone bill using a Premium SMS (PSMS) mechanism.
8.8 To ensure the User has authorised payment of the Fee, and to ensure regulatory compliance, after emailing their question to the Consultant the User will receive a text message sent to the telephone number they have provided to Greatvine and which must be the number of a telephone capable of receiving SMS messages (the “Authorising Message”). The Authorising Message will either:
(i) request authorisation for the Fee to be charged once the Consultant has sent a reply. If the User does not reply to the Authorising Message in the affirmative and as required, the User’s question will not be sent to the Consultant and no Fee will be chargeable. If the User does reply to the Authorising Message in the affirmative and as required, that shall be called an “Authorised Question”; or
(ii) contain an authentication code, which upon submission on the relevant website provides authorisation for the Fee to be charged once the Consultant has sent a reply. If the User does not input the authorisation code as required, the User’s question will not be sent to the Consultant and no Fee will be chargeable. If the User does input the authorisation code as required, that shall be called an “Authorised Question”.
8.9 Having provided authorisation per clause 8.8 above, such that the question is an Authorised Question, the User’s question will be sent to the Consultant. If the Consultant chooses to send a chargeable reply to the User, the User will be charged the Fee when the Consultant’s reply is dispatched to the User via email.
8.10 The Fee will be charged by sending to the User one or more PSMSs which, in total, will charge to the User's mobile phone bill the value of the Fee.
8.11 In the event that the Fee cannot be collected after a reply has been made available by the Consultant this shall be called a “Default”. In the event of a Default, (i) Greatvine will attempt to notify the User that they are in Default; and (ii) the reply from the Consultant shall be withheld from the User until such time as Greatvine has received payment of the Fee in full; and (iii) Greatvine and/or related third parties will make repeated attempts to collect the Fee from the User until it has been collected, at which point the Consultant’s answer will be provided to the User. These attempts will be made on a periodic basis, as well as at times at which the User has recently added credit to their mobile telephone account. Users acknowledge and consent to repeated attempts being made to collect the Fee until such time that it is collected in full. Users also acknowledge and consent to these attempts occurring at any time until the Fee has been collected, including periodically and upon the addition of credit to their account by the User. Should Greatvine not be able to collect payment on the first attempt, Greatvine is under no obligation to attempt further collection and may choose not to provide the Advice by Email service to the User.
8.12 At their discretion, from time to time Consultants may choose not to charge for a reply with has nonetheless been authorised by a User. This may be because they wish to solicit further information from the User to enable them to answer their question, to notify them that they are unable to answer their question, to provide an answer without charge as a courtesy, or for other reasons. It is at the Consultant’s sole decision whether they wish to reply to a question without levying the Fee, and it should not be presumed that this will occur. If a Consultant chooses to answer a question or reply to a User without charging a fee, that is not an indication that future responses will be without charge.
8.13 Consultants are only permitted to reply to questions that are within their sphere of professional competence and have the right to decline to answer any question, in which case the User will not be charged the Fee and will not receive a reply from the Consultant.
8.14 If a reply cannot be provided within 24 hours, at its sole discretion Greatvine may (i) allow the Consultant more time to address the User's question; or (ii) send the User's question to an alternative Consultant in the same field, to enable the User’s question to be addressed; or (iii) inform the User that the User's question cannot be addressed, in which case no Fee will be charged.
8.15 In the event that a reply cannot be provided within 7 days of the submission of an authorised question, the User will be notified that their question cannot be addressed, and no Fee shall be charged.
9.1 Subject to clause 2, below, no refunds are available.
9.2 In the event that (i) a Consultant has marked a User’s question as an Inappropriate Question, such that the User has been charged the Fee but will not receive a reply from a Consultant; and (ii) the User disputes the classification of their question as an Inappropriate Question and, upon appeal to Greatvine, Greatvine agrees with the User that the question has been misclassified, Greatvine will, at it's discretion; (i) provide a refund to the User for the Fee charged, that refund paid by a method to be chosen by Greatvine; or (ii) re-submit the User's question to the same or different Consultant, such that the question is not classified as an Inappropriate Question, in an attempt to provide a response to the User in return for the Fee already paid by the User.
10. Terms for Submission of Material
10.1 Greatvine allows you to submit material (including, but not limited to, feedback about consultations and content, and comments on forums) for inclusion on Greatvine's Website. Whilst Greatvine does not control the submission of material, we do reserve the right to delete, move and edit any material submitted. Publication will be at our discretion.
10.2 You are solely responsible for the material you submit to Greatvine's Website and by submitting any material you agree to follow these rules. You may not submit any material which:
(a) contains any material which is offensive or derogatory;
(b) advertises or promotes any goods or services;
(c) reveals any confidential or sensitive information;
(d) contains or links to any unlawful, threatening, abusive, defamatory or indecent material or material which is deliberately intended to upset others;
(e) contains any material which you do not have permission to use (including material which may be protected by copyright, trade marks, database rights or any other form of intellectual property right);
(f) contains viruses or any other components with harmful or contaminating effects on Greatvine's Website or any equipment connected to it;
(g) impersonates any living person.
10.3 Greatvine's Website offers allows you to submit material and you agree to be responsible for Greatvine's losses arising out of any breach by you of these rules.
10.4 By submitting material to Greatvine's Website you are granting Greatvine a perpetual royalty-free non-exclusive licence to reproduce, modify, translate, make available, distribute and allow others to use any material you submit in whole or in part or in any form. We will try to credit authors of the material where possible, but cannot guarantee to do so
10.5 Greatvine's Website contains material submitted by others over which Greatvine has no control. We have asked all users to follow these rules but cannot guarantee the accuracy, integrity or quality of other material. We do not endorse any of the material published by others on Greatvine's Website.
11. Greatvine's right to suspend or cancel your registration
11.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11.2 You can cancel your registration at any time by clicking on the "Deactivate Account" button which can be found in the "Account" section once you are logged in to your account on Greatvine's Website.
11.3 The suspension or cancellation of your registration and your right to use Greatvine's Website shall not affect either party's statutory rights or liabilities.
12. Warranty and Liability
12.1 Greatvine warrants to you that the Services will be provided using reasonable care and skill. However, Greatvine does not verify the information provided by a Consultant (including, but not limited to, a Consultant's qualifications, knowledge or experience). Therefore Greatvine does not make any warranty, express or implied, in respect of the availability of a Consultant, the nature, accuracy, timeliness or appropriateness of the advice, or in respect of the Consultant Services generally and such warranty or warranties are excluded to the fullest extent permitted by law. You should not act upon advice which needs individual interpretation without first consulting a suitably qualified practitioner.
12.2 Greatvine shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by you which is or are incomplete, incorrect or inaccurate.
12.3 Greatvine shall have no liability to you for any direct or indirect loss, damage, costs, expenses or other claims for compensation, whether foreseeable or unforeseeable (including loss of profit or consequential loss or damage or any emotional distress), arising from the provision (or non-provision) of the Services or the Consultant Services.
12.4 Greatvine shall not be liable to you for any unforeseeable loss, damages, costs, expenses or other claims for compensation arising from the provision (or non-provision) of the Services or the Consultant Services, including loss of profit or consequential loss or damage or any emotional distress.
12.5 Consultants are solely responsible for the advice and information they provide to you in response to questions and otherwise. Greatvine has no responsibility for the advice or information, of any kind, exchanged between you and Consultants, the absence of information contained therein, or the actions taken or not taken by you in response to information provided by an Consultant, and Greatvine excludes liability to the maximum extent permitted by law.
12.6 To use the Advice by Email service, Users may only communicate with Consultants through the systems and processes provided by Greatvine for this purpose. Without prejudice to clause 12.5, Greatvine accepts no responsibility to Consultants or to Users for communications of any kind which take place between Consultants and Users outside of the Advice by Email facilities provided by Greatvine.
12.7 Although we aim to offer you the best service possible, we make no promise that the Services at Greatvine's Website will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with Greatvine's Website you should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
12.8 Your access to Greatvine's Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can.
12.9 Greatvine shall not be liable to you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to an act of God, war, terrorism, power failure, supplier failure, telephony failure or error or any other cause beyond Greatvine's reasonable control.
12.10 To enable Greatvine to deal with any complaint that may arise relating to the Services, you must provide full details of any complaint within 30 days of the supply of the relevant Services or Consultant Services. All complaints should be made by sending an email to firstname.lastname@example.org or by calling 020 7440 9060.
12.11 If any dispute arises in connection with these Terms, the parties will attempt to resolve the dispute between the parties. If the dispute is not resolved within 60 days of your initial notification of a dispute, the parties will attempt to settle it by way of mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation either we will give you or you must give us notice in writing ("ADR notice") requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than 60 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation for a period of 30 days after the mediation has started.
12.12 Each party undertakes that they shall not, at any time: (i) leading up to; (ii) during the mediation process set out in clause 10.9; and (iii) if mediation is successful, at any time thereafter, disclose to any person any information which is the subject of mediation, except:
(a) to such of its employees, officers, representatives or advisers (if any) who need to know such information for the purposes of carrying out the party's obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 10.10; and
(b) as may be required by law, court order or any governmental or regulatory authority or as may be reasonable to supply to PhonepayPlus as the regulator in relation to the PRS Paid Services.
12.13 Nothing in these Terms affects any liability for death or personal injury caused by Greatvine's negligence or for fraudulent misrepresentation, or your statutory rights as a consumer except to the extent permitted by law.
13. Data protection
13.1 Data collected from Service users may be used by PhonepayPlus for regulatory purposes. PhonepayPlus is the regulatory body which regulates premium rate telephone lines.
14. Intellectual property
14.1 The content of Greatvine's Website is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of Greatvine's Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of Greatvine's Website without written permission from Greatvine.
14.2 You do not obtain any right in the copyright, design right or any other intellectual property rights in any materials, Packaged Content and other documents or items made available to you on Greatvine's Website by virtue of your use of Greatvine's Website, the Services or the Consultant Services.
14.3 You shall be entitled to use any such materials, documents or other items as are referred to in paragraphs 12.1 and 12.2 above in connection for personal use and only in connection with the Services but shall not be entitled to copy, edit, alter or disseminate (including but not limited to, distributing or making the materials, documents or other items available on a file-sharing network) any such items (in whole or in part) or use them for any commercial purpose.
14.4 Greatvine appreciates your suggestions for new topics we can offer, new consultants, or other improvements to the Services. However if, as a result of a suggestion made by you, a new design or process evolves in relation to Greatvine's Website or the Services or new content or Services are offered on Greatvine's Website, you agree that any intellectual property rights whatsoever in such developments shall belong solely to Greatvine.
15. Third party websites
15.1 As a convenience to all users, Greatvine's Website includes links to other web sites or material which are beyond its control. Greatvine is not responsible for content on any site outside Greatvine's Website.
16. Advertising and sponsorship
16.1 Parts of Greatvine's Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Greatvine's Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
17. International use
17.1 We make no promise that materials on Greatvine's Website are appropriate or available for use in locations outside the United Kingdom, and accessing Greatvine's Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Use of the PRS Paid Services from outside the United Kingdom may not be possible or may incur substantially higher network or mobile telephone costs and is not recommended.
18.1 These terms will be subject to English law and, subject to clause 10.9, the English courts will have jurisdiction in respect of any dispute arising from the contract.
18.2 Nothing in the Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.3 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter and each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.
18.4 If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.
18.5 If a provision of these Terms (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18.6 If you should have any queries in respect of these Terms or otherwise please contact us at 020 7440 9060 or email@example.com.
19. PRS Paid Services
19.1 If you have any complaint about or claim for refund in relation to any of the PRS Paid Services, please contact us on firstname.lastname@example.org or by calling 020 7440 9060.