Terms and Conditions


Terms of Use
Soberistas is a trading name of Soberistas Limited, a company registered in England and Wales with company number 08413118, whose registered office is at 88 Murray Road, Sheffield, S11 7GG, (Soberistas, we, us and our).
By using www.soberistas.com (Website), you signify your agreement to our Privacy Policy , Cookie Policy , Acceptable Use Policy and these Website Terms of Use  (together, Terms and Conditions). You will have to explicitly agree to our Terms and Conditions before becoming a registered member of Soberistas. If you do not agree to our Terms and Conditions, do not use our Website.
Soberistas is not obliged to respond to any enquiries and reserves the right to require reasonable identification before following up with any enquiries. The web is an evolving medium and therefore Soberistas reserves the right, at its sole discretion, to update or revise the Terms and Conditions at any time. Such changes shall not apply retrospectively. Please check our Terms and Conditions periodically for changes. Your continued use of our Website following the posting of any such changes to our Terms and Conditions shall constitute your tacit acceptance of those changes.
LEGAL NOTICE
OUR WEBSITE IS AN ADDITIONAL SUPPORT RESOURCE THAT MAY COMPLEMENT YOUR OTHER ENDEAVOURS TO CONTROL YOUR CONSUMPTION OF ALCOHOL. USE OF OUR WEBSITE IS NOT A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE OR ANY OTHER TYPE OF RECOGNISED ALCOHOL ADDICTION SUPPORT / THERAPY. IF YOU ARE STRUGGLING WITH ALCOHOL DEPENDENCY OR ARE WORRIED ABOUT YOUR ALCOHOL CONSUMPTION, WE HIGHLY RECOMMEND THAT YOU DISCUSS YOUR CONCERNS WITH YOUR DOCTOR. THE ADVICE PROVIDED BY THE ‘ASK THE DOCTOR’ FACILITY IS GENERIC ADVICE ONLY AND NOT BESPOKE MEDICAL ADVICE TAILORED FOR YOUR PARTICULAR CIRCUMSTANCES. FOR CONTACT DETAILS OF ALCOHOL SUPPORT GROUPS, PLEASE VISIT OUR USEFUL CONTACTS SECTION.
1.         Accessing our Website
1.1       We do not guarantee that our Website or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you, if for any reason our Website is unavailable at any time or for any period.
1.2       You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of our Terms and Conditions and that they comply with them. 
1.3       We reserve the right, at our sole discretion, to terminate your access to all or part of our Website with or without notice.
1.4       Our Website is for adults only. In registering with Soberistas, you confirm that you are least 18 years of age.
1.5       Non-paying users of the Website are provided with limited access to parts of the Website, prior to payment of the membership fee being required.
1.6       If you would like to enjoy full access to the Website and become a fully interactive member of the Soberistas community, you will need to pay the membership fee. By doing this, you can enjoy additional privileges available exclusively to paying members such as interacting with other members by viewing and posting blogs, comments, videos, contributing to forum discussions, making use of the Soberistas Discount Club and the Ask the Doctor facility and accessing any other features that we provide exclusively to paying members from time to time (Digital Content). For more information on how to become a member and our membership fees, please see our Membership section.
1.7       We reserve the right to change the membership fee from time to time, but changes will not affect any membership subscriptions to the extent that they have already been paid. If we have to revise our membership fees as they apply to your membership subscription, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
1.8       The membership fee excludes VAT (where applicable) at the current rate chargeable in the UK for the time being unless stated otherwise. Our VAT charges (if any) are as advised to you during the check-out process, before you confirm payment of the membership fee.
2.         Payment of the membership fee
2.1       Membership fees must be paid in advance. You can only pay the membership fee using a debit card or credit card. We accept payment by Visa, Visa Electron, Mastercard, Solo and American Express.
2.2       Your request for us to provide you with full access to the Website as a paying member represents your offer to us, and we reserve the right, at all times, to reject any such offer made by you at our sole discretion. If we accept your offer, the debit card or credit card used to pay for your membership subscription shall be charged with the membership fee you shall receive a payment receipt by email (Acceptance Confirmation). The contract between you and us (Contract) will only be formed when you receive the Acceptance Confirmation. If Soberistas is unable or unwilling to provide you with full access to the Website as a paying member, we will inform you of this by email and will not process your payment of the membership fee.
3.         Membership cancellations
Cancelling your membership within 14 days
3.1       If you wish to cancel your membership and receive a refund, you may do so by cancelling your Contract within 14 days of you receiving the Acceptance Confirmation (Cancellation Period). However, you may not cancel once you have watched, downloaded or otherwise accessed any Digital Content made available exclusively to paying members only. By making a request for us to provide you with full access to the Website as a paying member, you acknowledge and agree to this.
3.2       To exercise the right to cancel, you must inform us of your decision to cancel your Contract by a clear statement. The easiest way to do this is by emailing us at enquiries@soberistas.com. We will communicate to you an acknowledgement of receipt of your cancellation by email without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
3.3       Please note you will lose the right to cancel if:
3.3.1    you have given your consent for us to supply any Digital Content before the end of the Cancellation Period; and
3.3.2    you have acknowledged that your right to cancel the Contract will be lost if we do so; and
3.3.3    the supply of the Digital Content has begun before the end of the Cancellation Period and you have watched, downloaded or have otherwise accessed the Digital Content in any way.
3.4       Subject to clause 3.3, we will reimburse to you all payments that we have received from you. We will make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel your Contract. We will refund you on the credit card or debit card that you used to pay.
3.5       A link to this cancellation information is also included in our Acceptance Confirmation.
3.6       Advice about your legal right to cancel is available from your local Citizens' Advice Bureau or Trading Standards office.
Cancelling your membership after 14 days
3.7       If you cancel your membership after expiry of the Cancellation Period, then you will irrevocably forfeit your right to receive a refund, either in full or in part.
3.8       All subscriptions automatically renew on the same terms at the end of the subscription period unless you cancel your membership in accordance with clause 3.10 by giving not less than 7 days notice prior to expiry of the subscription period.
How to stop your membership from auto-renewing
3.9    You can stop your membership from automatically renewing by:
3.9.1 Visiting your Membership page and turning off the auto-renew option.
4.         Your account and password
4.1       If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose this information to any third party.
4.2       We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our reasonable opinion you have failed to comply with any of the provisions of our Terms and Conditions.
4.3       If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email at enquiries@soberistas.com.
5.         Suspension and sanctions
5.1       We will determine, at our absolute discretion, whether there has been a breach of our Acceptable Use Policy through your use of our Website. When a breach of our Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
5.2       Failure to comply with our Acceptable Use Policy constitutes a material breach of these Website Terms of Use and may result in us taking any combination of the following actions:
5.2.1    immediate, temporary or permanent withdrawal of your right to use our Website;
5.2.2    immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
5.2.3    the issuing of a warning to you;
5.2.4    the issuing of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.2.5    taking further legal action against you; and / or
5.2.6    disclosing such information to law enforcement authorities as we reasonably feel is necessary.
5.3       We exclude liability for actions taken in response to your breaches of our Acceptable Use Policy. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
6.         Data Protection
6.1       All information provided by you shall be processed in accordance with the Data Protection Act 1998.
6.2       We only use your personal information in accordance our Privacy Policy. Please take the time to read this policy, as it includes important terms that apply to you.
6.3       Your personal data may also be used for the detection and prevention of fraud, for law enforcement or complying with laws and regulations and you consent to such use of your information.
7.         Third party links and resources on our Website
7.1       Our Website may produce automated search results or otherwise link you to other websites on the internet. These other websites may contain information or material that some people find inappropriate or offensive. These other websites are not under the control of Soberistas, and you hereby acknowledge that Soberistas does not make any representation or warranty regarding the accuracy, timeliness, suitability, copyright compliance, legality, decency or any other aspect of the content of such other websites.
7.2       Inclusion of any such link on our Website does not imply endorsement of any other websites, or any other aspect of the information located on such websites, nor does it imply any association with its operators.
8.         Linking to our Website
8.1       You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists without our consent.
8.2       You must not establish a link to our Website in respect of any website that is not owned by you. We reserve the right to withdraw any linking permission without notice. The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
8.3       If you wish to make any use of content on our Website other than that set out above, please contact us by email at enquiries@soberistas.com.
9.         Business Advertising
9.1       Soberistas is a peer to peer support group designed to enable individuals to provide help, assistance, advice and encouragement to other individuals experiencing similar alcohol related issues and problems.
9.2       Soberistas is not a forum for anyone acting for, or on behalf of a business or in any commercial capacity whatsoever to scout for, or target vulnerable individuals and any such activities are strictly prohibited.
9.3       Under the Consumer Protection from Unfair Trading Practices Regulations 2008 (Regulations), if you are a trader, falsely claiming or creating the impression that you are not acting in the course of trade or business is considered unfair by the Office of Fair Trading and is an offence for which you are liable to prosecution. You must comply with the Regulations at all times.
10.       Viruses
10.1    We put a great deal of effort in to providing a secure Website however, because of the evolving nature of the internet we cannot guarantee that it is secure or free from bugs or viruses, so please take care and take all necessary precautions to protect your computer.
10.2    You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
10.3    You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
11.       Disclaimer
11.1    All content is provided “as is” and “as available” for your use. The content is provided without representations, warranties or undertakings of any kind, either express or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Any representation, condition or warranty which might be implied or incorporated by statute, common law or otherwise is excluded to the fullest extent permitted by law.
11.2    Soberistas and its respective affiliates from time to time do not warrant that the content is accurate, reliable or correct; that our Website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of our Website is solely at your own risk. As some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
11.3    The images on our Website are for illustrative purposes only. Please note that the prices and other information on our Website is for informational purposes only.
11.4    Although we have made every effort to make the Website as accurate as possible, because much of the information available on our Website is not provided by us but by our members, advertisers and other independent third parties, we cannot guarantee that all of the information on our Website is accurate.
12.       Limitation of liability
12.1    If we fail to comply with our Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of our Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time the Contract was entered in to.
12.2    Nothing in our Terms and Conditions shall exclude or limit liability to any extent not permitted by law including, without limitation:
12.2.1 for death or personal injury caused by Soberistas’ negligence; or
12.2.2 fraud or fraudulent misrepresentation.
12.3    Members, advertisers and other independent third parties are not Soberistas organisations and we shall not be liable for any information, statement, error, act or omission made by them. We do not police or control the content of any of the aforementioned parties. Each of them shall be responsible for their own information, statements, errors, acts and omissions including, without limitation, posts, blogs, videos, advertisements and other communications. Nothing in our Terms and Conditions shall exclude the liability of members, advertisers and other independent third parties whatsoever.
12.4    We only supply the Website for domestic and private use. You agree not to use the Website for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13.       Copyright notice and intellectual property rights
13.1    As between you and us, all rights, including copyright, in the content of our Website are owned or controlled for these purposes by Soberistas. Content includes, without limitation, the text, computer code, SEO functionality, artwork, photographs, images, and all audio and/ or visual material on our Website.
13.2    The intellectual property rights in any content provided by you for use on the Website must be owned by you or you must have a licence to use such intellectual property rights. You agree to license or sub-licence, as the case may be, all such intellectual property rights to Soberistas free of charge on a non-exclusive, irrevocable, perpetual, royalty free basis.
13.3    Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Website for any purpose whatsoever without the prior written consent of Soberistas.
14.       Trademarks
  is a European registered trademark of Soberistas.
15.       Events outside our control
15.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of telecommunications networks (an Event Outside Our Control).
15.2    If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.2.1 we will contact you as soon as reasonably possible to notify you; and
15.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
15.3    You may cancel a Contract affected by an Event Outside Our Control which has continued for more than [30] days.
16.       Other important terms
16.1    Our Terms and Conditions, together with your membership subscription (where applicable) shall constitute the entire agreement between you and Soberistas. 
16.2    A Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.3    We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under our Terms and Conditions. You may only transfer your rights or your obligations under our Terms and Conditions to another person with our prior written consent.
16.4    Each of the provisions of our Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
16.5    If we fail to insist that you perform any of your obligations under our Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we do waive any default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6    Our Terms and Conditions are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the laws of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
17.       CONTACT US
Contact us by email at enquiries@soberistas.com.
Thank you for visiting our Website and for supporting the Soberistas community.
Copyright Soberistas Limited © 2014

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