1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and 18 Plus Ltd. (we, us), concerning your access to and use of the 18+ websites (https://18plus.org and https://agegateway.com) and the 18+ applications, including 18+ iOS and Android apps (collectively referred to herein as 18+).
You agree that by accessing 18+ or using its software, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using 18+ and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on an 18+ website from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of 18+ represents that you have accepted such changes.
1.4 We may update or change 18+ from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 18+ is directed to people residing in United Kingdom. The information provided on 18+ is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 18+ is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to use 18+.
2. Acceptable Use
● Our Privacy Notice https://18plus.org/privacy.html, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using 18+ you consent to such processing and you warrant that all data provided by you is accurate.
● If you purchase software from 18+, our terms and conditions of supply https://18plus.org/terms.html will apply to the licence.
2.1 You may not access or use 18+ for any purpose other than that for which we make 18+ and our services available.
2.2 As a user of 18+, you agree not to:
● Systematically retrieve data or other content from 18+ to a compile database or directory without written permission from us.
● Make any unauthorized use of 18+, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses.
● Circumvent, disable, or otherwise interfere with security-related features of 18+, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
● Engage in unauthorized framing of or linking to 18+
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue burden on 18+ or the networks and services connected to 18+
● Attempt to impersonate another user or person, or use the username of another user
● Use any information obtained from 18+ in order to harass, abuse, or harm another person
● Use 18+ or our content as part of any effort to compete with us or to create a revenue- generating endeavor or commercial enterprise
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of 18+
● Attempt to access any portions of 18+ that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
● Delete the copyright or other proprietary rights notice from any of the content
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of 18+, or any material that acts as a passive or active information collection or transmission mechanism
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
● Use 18+ in a manner inconsistent with any applicable laws or regulations
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or 18+
● Threaten users with negative feedback or offering services solely to give positive feedback to users
● Advertise products or services not intended by us
● Misrepresent experience, skills, or information about a User
● Falsely imply a relationship with us or another company with whom you do not have a relationship
3.1 Unless otherwise indicated, 18+ including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on 18+ (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
3.2 Except as expressly provided in these Terms and Conditions, no part of 18+ or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.3 Provided that you are eligible to use 18+, you are granted a limited licence to access and use 18+ and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access.
3.4 You shall not (a) try to gain unauthorised access to 18+ or any networks, servers or computer systems connected to 18+; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to 18+ or Our Content, including the modification of the paper or digital copies you may have downloaded.
3.5 We shall (a) prepare 18+ and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to 18+ that contains viruses.
3.6 The content on 18+ is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on 18+.
3.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on 18+ is accurate, complete or up to date.
Link to third party content
4.1 18+ may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
4.2 We accept no responsibility for adverts contained within 18+. If you agree to purchase goods and/or services from any third party who advertises in 18+, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
5.1 We reserve the right at our sole discretion, to (1) monitor 18+ for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from 18+ or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage 18+ in a manner designed to protect our rights and property and to facilitate the proper functioning of 18+ and Services.
5.2 We do not guarantee that 18+ will be secure or free from bugs or viruses.
5.3 You are responsible for configuring your information technology, computer programs and platform to access 18+ and you should use your own virus protection software.
Modifications to and availability of 18+
6.1 We reserve the right to change, modify, or remove the contents of 18+ at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
6.2 We cannot guarantee 18+ will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to 18+, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use 18+ or Services during any downtime or discontinuance of 18+. We are not obliged to maintain and support 18+ or to supply any corrections, updates, or releases.
6.3 There may be information on 18+ that contains typographical errors, inaccuracies, or omissions that may relate to 18+, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
Disclaimer/Limitation of Liability
7.1 18+ is provided on an as-is and as-available basis. You agree that your use of 18+ will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with 18+ and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law. We make no warranties or representations about the accuracy or completeness of 18+’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from 18+ or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through 18+ by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using 18+.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £500 or (b) the amount paid, if any, by you to us for the 18+ during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply https://18plus.org/terms.html.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
● use of, or inability to use, 18+; or
● use of or reliance on any content displayed on 18+.
In particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.
If you are a consumer user:
● Please note that we only provide 18+ for domestic and private use. You agree not to use 18+ for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
● If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
Term and Termination
8.1 These Terms and Conditions shall remain in full force and effect while you use 18+. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org.
8.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of 18+ (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of 18+ is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in 18+ or delete any content or information that you posted at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9.1 If you access 18+ via a mobile application, then we grant you a revocable, non- exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
9.2 For business users only - You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions";
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
9.3 The following terms apply when you use a mobile application obtained from either the
Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
10.1 Visiting 18+, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on 18+, satisfy any legal requirement that such communication
be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via 18+. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
10.2 These Terms and Conditions and any policies or operating rules posted by us on 18+ or in respect to the Services constitute the entire agreement and understanding between you and us.
10.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
10.4 We may assign any or all of our rights and obligations to others at any time.
10.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
10.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
10.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of 18+ or Services.
10.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to 18+ please follow this link http://ec.europa.eu/odr
10.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
10.11 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
10.12 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com.