Terms & Conditions


IMPORTANT LEGAL NOTICE


The terms and conditions set out below (“Terms”) applies to the entire contents of the Website under the domain name www.wasabi.com ( “Website” ) and to any correspondence by e-mail between the Company and you. Please read these Terms carefully before using the Website. Using the Website indicates that you accept these Terms regardless of whether or not you choose to register as a member on wasabi.com. If you do not accept these Terms, do not use the Website or register as a member on the Website. This notice and the Terms is issued by Passado Limited, a company incorporated under the laws of England and Wales (company number: 04491488) and whose registered address is at 130 Shaftesbury Avenue, 6th Floor, London, W1D 5EU ( “Company” ).

1. DEFINITIONS


Where you see any of the following terms used in these Conditions, they have the following meanings:

“Content” means any material from time to time submitted by you to us via the Website including (without limitation) any text, information, data, photograph, image, audio or visual material in whatever medium or form;

“Data Protection Act” means the Data Protection Act 1998 (as amended from time to time) or such other legislation which enacts or consolidates it (with or without modification);

“Personal Data” means any personal information which you provide to us via this Website including (without limitation) the personal information described in our Privacy Policy; and

“Privacy Policy” means the Company’s privacy policy accessible via the link provided at the bottom of this page and which forms part of these Terms.

2. INTRODUCTION


  1. 2.1 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.


  2. 2.2 The Company may revise these Terms at any time by posting an update on the Website. You should check the Website from time to time to review the then current Terms, because it is binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Website.


3. WEBSITE ACCESS


  1. 3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.


  2. 3.2 Access to the Website 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. YOUR MATERIAL AND CONDUCT


  1. 4.1 Other than Personal Data, which is covered under the Privacy Policy, any material you transmit or post to the Website 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.


  2. 4.2 You are prohibited from posting or transmitting to or from the Website any material:


  3. 4.2.1 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 or which may cause annoyance or inconvenience; or


  4. 4.2.2 for which you have not obtained all necessary licences and/or approvals; or


  5. 4.2.3 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 (including intellectual property rights) of any third party, in any country in the world; or


  6. 4.2.4 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).


  7. 4.3 You may not misuse the Website (including, without limitation, by hacking).


  8. 4.4 The Company shall fully co-operate, at their discretion, 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 clauses 4.2 or 4.3.


5. LINKS TO AND FROM OTHER WEBSITES


  1. 5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. 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. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.


  2. 5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:


  3. 5.2.1 you do not remove, distort or otherwise alter the size or appearance of the Company’s logo or other trade marks;


  4. 5.2.2 you do not create a frame or any other browser or border environment around the Website;


  5. 5.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;


  6. 5.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;


  7. 5.2.5 you do not otherwise use any logos or trade marks displayed on the Website without express written permission from the Company;


  8. 5.2.6 you do not link from a website that is not owned by you; and


  9. 5.2.7 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.


  10. 5.3 The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.


  11. 5.4 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 5.2.


6. REGISTRATION


  1. 6.1 Each registration as a member on the Website is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.


  2. 6.2 Responsibility for the security of any passwords rests with you.


  3. 6.3 In consideration of your use of the Website, you agree to maintain the security of your password and identification and be fully responsible for all use of your account and for any actions that take place using your membership account.


  4. 6.4 All content on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Website Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own Content (as defined in clause 1) that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.


7. TRADE MARKS


The names WASABI.COM, WASABI and other Company graphics, logos, designs, page headers, button icons, scripts and service names are the intellectual property rights of the Company. The Company’s intellectual property rights may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent of the Company.

8. DISCLAIMER


  1. 8.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.


  2. 8.2 The material on the Website 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 Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for these Terms, might have effect in relation to the Website.


9. LIABILITY


  1. 9.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), 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 Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website 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.


  2. 9.2 Nothing in these Terms shall exclude or limit the Company’s liability for:


  3. 9.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or


  4. 9.2 .2 fraud by the Company and/or its employees; or


  5. 9.2 .3 misrepresentation as to a fundamental matter; or


  6. 9.2 .4 any liability which cannot be excluded or limited under applicable law.


  7. 9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.


10. GOVERNING LAW AND JURISDICTION


These Terms shall be governed by and construed in accordance with English law and any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

PRIVACY POLICY


1. INTRODUCTION


  1. 1.1 The Company recognises the importance of on-line privacy, and are committed to protecting the privacy of your personal information. This privacy policy sets out how the Company will be using your Personal Data. When you submit your Personal Data to the Company, you are giving your consent to the collection, use and disclosure of your Personal Data as set forth in this Privacy Policy.


  2. 1.2 For the purpose of the Data Protection Act, the data controller is Passado Limited. Passado Limited is listed in the Register of Data Controllers under the number Z843939X. The Register of Data Controllers can be accessed through the website www.ico.gov.uk. The Data Protection Act gives you the right to access the information held about you by the Company. Your right of access can be exercised in accordance with the Data Protection Act. Any access request may be subject to a fee of £10 to meet the Company’s costs in providing you with details of the information the Company holds about you.


  3. 1.3 You can update your Personal Data online by logging on to your membership account via the Website and following the on-screen instructions.


2. COLLECTION OF PERSONAL DATA


  1. 2.1 The Company collects and uses any Personal Data which you voluntarily provide via the Website including (without limitation) the following:


  2. 2.1.1 any data which you provide when you complete and submit to the Company the membership registration form (including without limitation your name, address, email address, telephone number, other contact details); and


  3. 2.1.2 further optional data, such as profession, business status, city, industry, name of employer or company, name of school, interests, hobbies, school, university or company dates, academic studies, childhood town, comments about yourself, etc. any other data which you voluntarily provide to the Company when accessing and using the Website.


3. STORAGE OF PERSONAL DATA


  1. 3.1 The Company will keep your Personal Data on a secure server. The technology that the Company uses and the security policies which the Company has implemented are intended to safeguard your Personal Data from unauthorised access and improper use.


  2. 3.2 The Company will keep your Personal Data for a reasonable time to enable the Company to use it for the purposes described in this Privacy Policy.


4. USE OF PERSONAL DATA


  1. 4.1 The Company collects your Personal Data for purposes of providing the services to you and to evaluate and test new products and services similar to the services currently being provided to you via the Website. The purpose of the Company’s service is to establish personal contacts, to find like-minded people, former school friends or colleagues and therewith enable an approach for contact and social interaction.


  2. 4.2 Please take note that every member of wasabi.com and every member of the new products and services involved in the evaluation and testing of such products and services can access, download and print the information provided by you. Once you have established a connection to another member, this connection will be visible also for all other members. Thus you can get further information about the contacts of your contacts and decide if you want to be connected to them or contact them. Using the Website anonymously is not possible and not permitted as otherwise the Company cannot fulfil the purpose of the service.


  3. 4.3 When entering data of third Parties you must ensure that such third agree to it. This also applies for mailing lists. The Company will collect the third party’s email address, first name and last name. The following data is collected: email address, first name and last name. The Company does not use the third party information for the Company’s own purposes. Third party information is used by the Website as directed by you such as sending a one-time invitation to join your network.


  4. 4.4 The Company will also be using your Personal Data for the following purposes:


  5. 4.4.1 administering your membership account and otherwise in connection with any service for which you have provided your Personal Data;


  6. 4.4.2 responding to any enquiry you have made;


  7. 4.4.3 sending you by email newsletters and/or alerts or information regarding the Company’s future services (if you have given your consent for the Company to do this when you submitted your Personal Data);


  8. 4.4.4 evaluating the operation and functioning of the Website, and making improvements thereto; and


  9. 4.4.5 in aggregate form, for internal business purposes, such as generating statistics and developing the Company’s marketing plans.


5. DISCLOSURE OF PERSONAL DATA


  1. 5.1 The Company may disclose your Personal Data to any of the following:


  2. 5.1.1 any of our service providers or agents including (without limitation) those engaged by us to perform functions such as payment processing and customer support or mailings, providers of prizes in any promotions which the Company may from time to time organise, database administrators engaged by us from time to time and partner charities;


  3. 5.1.2 other selected organisations to enable them to contact you or send you information by post, telephone or email regarding services, promotions or special offers which they may offer (if you have given your consent for us to do this when you submitted your Personal Data to the Company); and


  4. 5.2 any of the persons referred to in clause 5.4 below.


  5. 5.2 In disclosing your Personal Data (and any User Information) in any of the circumstances described above, the Company may need to send your Personal Data and User Information outside the European Economic Area (“EEA”) to a country whose laws may not provide adequate levels of protection to personal data. When you submit your Personal Data to the Company via this Website and by using this Website, you are giving your consent to the use of your Personal Data and User Information in the manner described in this Privacy Policy and to the transfer of your Personal Data outside the EEA to a country or territory whose laws may not provide adequate levels of protection to Personal Data.


  6. 5.3 For others finding you via the internet it is inevitable that the Company sets up the Website in a way so that search engines as for example "Google" can generate information of the Company’s members when scanning the Website. If you wish your data to be deleted or if you cancel your membership the Company deletes your data as soon as reasonably possible. As a general rule, your data in internet search engines is deleted within 30 days. However, the Company does not have any influence over when your data is deleted and can therefore not be held liable for this.


  7. 5.4 The Company may also disclose your Personal Data as is necessary, in the Company’s sole discretion, to comply with any applicable law, regulation, legal proceeding or governmental request.


6. COOKIES AND TRACKING TECHNOLOGY


  1. 6.1 When you visit the Website, the Company uses certain tracking technology to collect and use details of where you are on the internet (for example, the URL you came from, IP address, domain types, your browser type, the country and telephone area code where your computer is located) and the pages of the Website that you have visited, the advertisements you clicked on and any search terms that you entered ("User Information"). This is statistical data about your browsing actions and patterns, and does not identify you as an individual. The Company may collect User Information even if you do not register as a member on the Website, subscribe to any of the Company’s services or otherwise submit your Personal Data to the Company via the Website.


  2. 6.2 The Company will use your User Information for internal business purposes, such as generating statistics and developing our marketing plans, and will keep such User Information for a reasonable time to enable the Company to use it for this purpose.


  3. 6.3 For the same reason, the Company obtains User Information by using cookies. When you visit the Website, the Company may store some information on your computer. This information will be in the form of a “cookie,” a small text file or files which the Website places on your computer to identify your computer, to store information about your use and navigation of the Website, and to obtain User Information.


  4. 6.4 The Company can access these cookies when you open an email from the Company or visit the Website in the future. The Company uses this information to improve your experience of the Website and to deliver a better and more personalised service. Cookies enables the Company to:


  5. 6.4.1 estimate the Website’s audience size and usage pattern;


  6. 6.4.2 store information about your preferences and therefore allows the Company to customise the Website according to your individual interests; and


  7. 6.4.3 recognise you when you return to the Website.


  8. 6.5 With most Internet browsers, you can erase cookies from your hard drive, receive a warning before a cookie is stored or refuse to accept cookies by activating the setting on your browser which allows you to block all cookies. However, if you select this setting you will be unable to access this Website. Unless you have adjusted your browser setting so that it will refuse cookies, the Company’s system will issue cookies when you log on to the Website.


7. BUSINESS TRANSFERS


As the Company continues to develop its business, the Company might decide to sell the Company’s business or assets. In such transactions, Personal Data are generally amongst the transferred business assets. In the event of any such sale (which may be to an entity which is outside the EEA), the Company may need to send your Personal Data to such entity, who may continue to use the same. When you submit your Personal Data to the Company via this Website and by using the Website, you are giving your consent to the transfer of your Personal Data to such parties in these circumstances.

By using this Website, you agree to the Company collecting and using your Personal Data in the manner described in this Privacy Policy.