Terms of use

GEKKO TERMS OF USE

Dated 5 October 2009

ABOUT THE TERMS
Access to and use of 'gekko.com' (the “Website”) both within the UK and internationally is provided by Gekko.com Limited (a company registered in England and Wales under registration number 6769539 whose registered office is at Sixth Floor, Palladium House, 1-4 Argyll Street, London W1F 7TA) on the following terms:
By using the Website you agree to be bound by these terms, which shall take effect immediately on your first use of the Website. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to the Website.
Gekko may change these terms from time to time and so you should check these terms regularly. Your continued use of the Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.
Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these terms you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.

ABOUT GEKKO
Gekko through its website, gekko.com, offers to its registered Members the use of its matching technology (“The Gekko Profiler”) which will match the Member and Member's leisure preferences with the most compatible place or experience recommendations and with like minded people in a quick, easy and personalised way.
Gekko is not a booking agent or a travel agency, and does not charge service fees to users of the Website, In the future, Gekko may offer premium services when Members who subscribe to become Premium Members may have to pay a premium membership fee. The Website includes hyperlinks to third party websites enabling Members to book hotels or restaurants (and in future other related products) on those sites. If you choose to book any of the recommended properties, you will be contracting with that third party “Booking Partner” and not Gekko. Any queries or concerns relating to the product should be addressed to your chosen Booking Partner. Gekko does not assume any responsibility for the products and services provided by the Booking Partner.
For your convenience, Gekko calculates and displays an average price for each hotel match offered, which is based on the rates of available rooms obtained from our Booking Partners. For any deals listed, Gekko does not guarantee any specific rates or prices. Please check with the booking site for the exact amount and currency. Furthermore, Gekko makes no guarantees for availability of prices advertised on our site. Listed prices may require a stay of a particular length or have blackout dates, qualifications or restrictions.

USE OF GEKKO.COM
You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.

INTELLECTUAL PROPERTY
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website and all content (including all applications) located on the site shall remain vested in Gekko or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any the Website content except for your own personal, non-commercial use. Any other use of the Website content requires the prior written permission of Gekko.
The names, images and logos identifying Gekko or third parties and their products and services are subject to copyright, design rights and trade marks of Gekko, and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Gekko or any other third party.

REGISTRATION AND PERSONAL PROFILE
You undertake to register with the Website using accurate and current information about yourself - including your correct name, email address and any other requested details.
If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.
The content of the profile you provide on registration for the Website, as subsequently amended and added to, will be available to all Gekko Members. We advise that you never reveal any critical personal information about yourself or anyone else (for example: telephone number, postal address, home address or any other details that could be abused by others) in your profiles or any other contribution to the Website. The content of your profile must also comply with the Contribution Rules detailed below.

CONTRIBUTIONS TO GEKKO
By posting content on the Website (including any text, ratings , photographs, graphics, video or audio) with Gekko you agree to grant to Gekko, free of charge, permission to use in perpetuity the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Gekko services in any media worldwide.
You also hereby grant each user of the Website non-exclusive permission to access your contributions to Gekko, and to use, reproduce, distribute, prepare derivative works of, display and perform Gekko contributions.
Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
In order that Gekko and its Members can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Gekko permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
We will show your name with your contribution, you will not have the option of using a pseudonym. Occasionally, for operational reasons it may not always possible to include your name with your contribution. Gekko may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects. For full details of when and how we may contact you please see Gekko's Privacy Policy .
If you do not want to grant Gekko the permission set out above on these terms, please do not submit or share your contribution to or with the Website.

When you contribute content to Gekko, you must comply with the following ”Contribution Rules”:
• No disruptive, offensive or abusive behaviour will be allowed. Contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
• You may not submit or share any defamatory, illegal or objectionable (harassing, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable) material of any nature in the Website . This includes text, graphics, video, programs or audio.
• Contributing material to the Website with the intention of committing or promoting an illegal act is strictly prohibited.
• You agree to submit to or share with Gekko Members only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of Gekko or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
• No advertising or promoting.
• Contributions containing languages other than English may be removed
• No impersonation.
• No private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
• No viruses, corrupted data or other harmful, disruptive or destructive files;
• No content that is unrelated to the topic of the areas in which such content is posted;
• No content that, in Gekko's sole opinion, is objectionable or which restricts or inhibits any other member from using or enjoying the Website

If you fail to abide by these Rules when posting content on the Website, you may be sent an email which informs you why your contribution has been refused, edited, or removed. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all of the Website community areas.
If you submit or share offensive or inappropriate content to the Website or otherwise engage in any disruptive behaviour on the Website, and Gekko considers such behaviour to be serious and/or repeated, Gekko may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
Gekko reserves the right to delete any contribution, or take action against any Gekko account, at any time, for any reason.

THIRD PARTY CONTENT AND INFORMATION
The Website contains content and information that is provided for your convenience and enjoyment. Other Members or third parties (such as hotel suppliers and restaurants) provide some of the content and information. You should be aware that the content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the content may be subject to terms and conditions, which may be found on the website or in the documents and policies of third parties. Gekko makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content and will not be liable for any lack of the foregoing.
In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. Gekko will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Website do not imply endorsement of that product, service or publication.

COMPLAINTS ABOUT CONTENT ON GEKKO.COM
If you see anything on the Website which appears to breach these terms, then please contact us to inform us of it by emailing us at (complaints@gekko.com). Your complaint should provide a detailed description of the purported abuse and identify where this appears on the Website.
At Gekko, we aim to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Website in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice (“Notice”) which should include the following written information:
1. a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notice, a representative list of such works on the Website;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gekko to locate the material (including, for example, a URL and/or screen shot);
4. your full name, email address, postal address and telephone number on which you can be contacted;
5. a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
6. a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
7. a physical or electronic signature (which may be a scanned copy) of a person authorised to act on behalf of owner of the work that is allegedly infringed.
A notice of claims of copyright infringement on or regarding the Website should be sent to the following address:

COO
Gekko.com Limited
Sixth Floor
Palladium House
1 - 4 Argyll Street
London
W1F 7TA
United Kingdom

LINKS TO OTHER WEBSITES
The Website contains hyperlinks to other websites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of use and privacy policy and those Other Sites may have different practices and requirements than the Website. Gekko may not have knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. Gekko does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Gekko of any Other Site(s) or resources, or their content, information, services or products. Gekko is only providing these links to you as a convenience. The terms of use and privacy policy of any Other Sites shall apply to your access and use of them. Gekko accepts no responsibility for the content or conduct of Other Sites.

DISCLAIMERS AND LIMITATION OF LIABILITY
The majority of content posted in the Website is created by Members. The views expressed are theirs and unless specifically stated are not those of Gekko. Gekko is not responsible for any content posted by members of the public on the Website or for the availability or content of any third party sites that are accessible through the Website. Any links to third party websites from the Website do not amount to any endorsement of that site by Gekko and any use of that site by you is at your own risk.
The Website content, including the information, names, images, pictures, logos and icons regarding or relating to Gekko, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, Gekko excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Gekko does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Gekko is correct at the time of publication no responsibility is accepted by or on behalf of Gekko for any errors, omissions or inaccurate content on the website.
Nothing in these terms limits or excludes Gekko's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Gekko shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.
Gekko does not warrant that functions available on the Website will be uninterrupted 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. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

COMPETITIONS
Gekko may decide to run competitions, promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the Website, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.

GENERAL
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
The failure or delay of Gekko to exercise or enforce any right in these terms does not waive Gekko's right to enforce that right.
These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.