Introduction

www.forestersfriends.co.uk (the 'Website') is operated by The Ancient Order of Foresters Friendly Society Limited ('we', 'us' or 'our') a friendly society incorporated and registered in England and Wales with friendly society number 511F whose registered office is at 29-33 Shirley Road, Southampton, Hampshire, SO15 3EW.

Our VAT number is 844274616.

Our statutory disclosure can be checked on the FSA's Register by visiting the FSA's website http://www.fsa.gov.uk/register, or by contacting the FSA on 0845 6061234.

Use of the Website

This page (together with the documents referred to on it) tells you the terms of use ('Terms of Use') on which you may make use of our Website whether as a guest user or a registered member of the Website (a 'Foresters Friend').

Please read these Terms of Use together with our Privacy Policy carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on the Website about how the Website operates and the services which are available.

If you do not agree to these Terms of Use, please stop using our Website.

APPLICABLE TO MEMBERS ONLY

User name

Except where it is already in use, you are free to choose your own user name (a 'User Name'). However, the user name you choose must not violate any applicable law, third-party rights or these Terms of Use.

As the owner of the User Name you are responsible for all content that is posted under it.

Contributions

You are solely responsible for all emails, comments, discussion posts, blogs, news postings, information, document, photographs and other visual images, files and other material that you intend to post to the Website or provide to us via the Website ('Contributions') and you shall ensure that your Contributions do not:

• include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication;
• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• contain sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• potentially deceive any person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• potentially harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• give the impression that they come from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You retain the ownership rights in your Contributions and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the Contributions, in any media known now or in the future. You also waive all moral rights you have in the Contributions to the fullest extent permitted by law. You represent and warrant that you are entitled to grant such a license to us.

You agree to indemnify us for any cost, expenses, damages or liabilities we incur relating to any of your Contributions. We reserve the right to remove or edit any Contributions as we see fit, without warning and without being required to provide reasons, and/or to make such information available to regulatory bodies or law enforcement authorities. Our decision on this shall be final. Further, we reserve the right to suspend or terminate, or bar your access to, all or part of the Website.

Any Contributions you choose to make will be visible to all other users of the Website, us and our staff. It will be identifiable by your User Name, but is not linked through to your email address. As Contributions can be seen by others, for your own safety and security you should not in any circumstances disclose personal information by which you can be identified or contacted (other than through your User Name on the Website).

We shall not be liable to you for any loss you may incur as a result of us taking any of the actions described above nor for the actions or inactions of other users, including anything contained in your or any third party's Contributions.

Your warranties

In addition to the warranties set out below, you warrant that:

• you are at least 16 years old and where you are under the age of 18 that you have the consent of your parent or guardian to register as a Foresters Friend and use the Website in accordance with these Terms of Use;
• the Contributions that you post do not contravene any applicable local, national or international laws or regulations or contravene any person's legal rights, are not offensive or defamatory, are true, accurate, current and complete in all respects and that you will notify us immediately of any changes to that information, document or file;
• you will not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) via the Website;
• you own or otherwise control all of the rights to the Contributions that you post; and
• to the extent that Contributions include photographs or other visual images, you have obtained the consent of the subject of such photograph or other visual image (or in the case of persons under the age of 18 their parent or guardian);and
• all information you have provided to us in relation to your identity is accurate and complete and you will keep such data up-to-date during your membership.

APPLICABLE TO ALL USERS

You agree to indemnify us for any cost, expenses, damages or liabilities we incur due to your use of the Website.

Your warranties

You warrant that:

• you will only use the Website in accordance with these Terms and only for lawful purposes and in a lawful manner;
• you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
• you will not collect information about users, including email addresses, without their prior written consent.

Website monitoring

If you believe that any Contributions on the Website contain a defamatory statement or is otherwise in breach of these Terms of Use, please notify us at administrator@forestersfriendlysociety.co.uk.

We will use all reasonable endeavours to remove any defamatory or other infringing Contributions that are in our opinion legitimately complained about as expeditiously as possible.

Website content

You acknowledge and accept that all copyright, trademarks and all other intellectual property rights in all material or content provided as part of the Website belongs to us. You may download material from this Website for your own non-commercial use only. No right, title or interest in any downloaded material is transferred to you by such downloading.

Any other use of the material and content of the Website is strictly prohibited and you agree not to copy, reproduce, transmit, download, frame, publish, display, distribute, commercially exploit or create derivative works of such material except with our prior written consent.

The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use.

Security and accessibility of the Website

Reasonable steps have been taken to protect the Website by the use of anti-virus software but we make no representation that your use of the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be liable to you for any loss of content or material downloaded, uploaded or transmitted through the Website.

We reserve the right to:

• impose, without prior notice, limitations on the use of the Website for whatever reason, including maintenance work and further developments;
• where you are a Foresters Friend, terminate your membership at any time without prior notice;
• modify the Website at any time without prior notice; and/or
• withdraw the Website from use and terminate your rights under these Terms of Use immediately at any time and for any reason.

Accuracy of information

Whilst we take all reasonable steps to ensure that the information contained within these pages is correct, up to date and complete, such information is provided for information purposes only, does not amount to advice and you should not rely on it.

Accordingly, we make no warranty that any information or Contributions on the Website is correct, up to date or complete and do not accept any responsibility for any errors or omissions, or for any damage or loss you may suffer.

Validity of information

If you are in any doubt as to the validity of information made available within these pages, or if you wish to rely on this information, then you should seek verification by contacting us. Should you have any doubt as to the suitability of any products offered by us, you should contact a financial adviser.

Our liability

The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we together with the other members of our group of companies and third parties connected to us hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• liability for all losses that are not reasonably foreseeable; and
• if you are a business user, liability for any indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor our liability to you under the Financial Services and Markets Act 2000, nor any other liability which cannot be excluded or limited under applicable law.

General

If any third party sites are linked to the Website this does not mean that we endorse or have any responsibility for the site in question or anything, which appears on it.

Any formal legal notices should be sent to us at the address set out below by email and confirmed by post.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

The courts of England and Wales will have jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by the laws of England and Wales.

Contact

You can contact us by:

• post at Foresters House, 29-33 Shirley Road, Southampton, Hampshire, SO15 3EW;
• telephone on 0845 683 8412; and/or
• e-mail at administrator@forestersfriendlysociety.co.uk

Updates

These Terms of Use were last updated on 7 September 2009.