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Welcome to the Proud2beLocal website terms and conditions
which apply to your use of the Proud2beLocal website. By accessing this
website, you agree to be bound by them.
This website is provided for the benefit of residents of
the United
Kingdom. If you are not a UK resident or do not agree to be bound by these terms
and conditions, you may not use or access this website and we have the right to
restrict or prevent your access to the website. If there is anything you do not
understand please feel free to e-mail any enquiry to us here.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information"
means any personal details provided by you via the website; "User(s)"
means (a) user(s) of the website either collectively or individually, as the context
requires; "We/us/our" means Proud2beLocal, "website"
means the website located at www.proud2belocal.co.uk or any subsequent URL which
may replace it; and "You/your"means you as a user of the website.
1. ACCESS
We will provide you with access to the website in accordance with these Conditions.
2. YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the website (or any part of) for any
illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the website any
computer viruses, macro viruses, trojan horses, worms or anything else designed
to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the website any material which is defamatory,
offensive, or of an obscene or menacing character, or that may cause annoyance,
inconvenience or needless anxiety;
2.1.4 will not use the website in a way that may cause the website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or functionality
of the website is in any way impaired;
2.1.5 will not use the website in any manner which violates or infringes the rights
of any person, firm or company (including, but not limited to, rights of intellectual
property, rights of confidentiality or rights of privacy);
2.1.6 will not create and publish a hypertext link to any part of the
website or attempt any unauthorised access to any part or component of the website;
and
2.1.7 agree that in the event that you have any right, claim or action against
any Users arising out of that User's use of the website, then you will pursue
such right, claim or action independently of and without recourse to us.
3. INDEMNITY
You agree to be fully responsible for (and fully indemnify us against) all claims,
liability, damages, losses, costs and expenses, including legal fees, suffered
by us and arising out of any breach of the Conditions by you or any other liabilities
arising out of your use of the website, or the use by any other person accessing
the website using your PC or internet access account.
4. OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the website (or any part
of) with or without notice to you and you confirm that we shall not be liable
to you or any third party for any modification to or withdrawal of the website;
and/or
4.1.2 change these Conditions from time to time, and your continued use of the
website (or any part of) following such change shall be deemed to be your acceptance
of such change. It is your responsibility to check regularly to determine whether
the Conditions have been changed. If you do not agree to any change to the Conditions
then you must immediately stop using the website.
4.2 We will use our reasonable endeavours to maintain the website. The website
is subject to change from time to time. You will not be eligible for any compensation
because you cannot use any part of the website or because of a failure, suspension
or withdrawal of all or part of the website due to circumstances beyond our control.
5. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to
other websites or resources. You acknowledge and agree that we are not responsible
for the availability of such external sites or resources, and do not endorse and
are not responsible or liable, directly or indirectly, for the privacy practices
or the content (including misrepresentative or defamatory content) of such websites,
including (without limitation) any advertising, products or other materials or
services on or available from such websites or resources, nor for any damage,
loss or offence caused or alleged to be caused by, or in connection with, the
use of or reliance on any such content, goods or services available on such external
sites or resources.
6. MONITORING We have the right, but not the obligation, to monitor any activity
and content associated with the website. We may investigate any reported violation
of these Conditions or complaints and take any action that we deem appropriate
(which may include, but is not limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing any materials from the
website).
7. YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable
UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority
investigating suspected illegal activities, or upon receipt of a court order,
to provide your Personal Information and/or information concerning your activities
whilst using the website we shall do so; and
7.2.2 if you agree by ticking the appropriate boxes on your registration form,
we may pass your Personal Information or details of your use of the website to
other companies in our corporate group and selected third parties for analysis
and/or to enable them to contact you about products or services which may be of
interest to you.
7.3 We reserve the right in our reasonable discretion to disclose details of your
use of the website in relation to any, or any threatened, Court Proceedings in
connection with your use, or the use of anyone under your control, of the website
whether in connection with the matters set out in these Conditions or otherwise.
8. INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all material or content supplied as part of the website shall
remain at all times vested in us or our licensors. You are permitted to use this
material only as expressly authorised by us.
8.2 You acknowledge and agree that the material and content contained within the
website is made available for your personal non-commercial use only and that you
may download such material and content onto only one computer hard drive for such
purpose. Any other use of the material and content of the website is strictly
prohibited. You agree not to (and agree not to assist or facilitate any third
party to) copy, reproduce, transmit, publish, display, distribute, commercially
exploit or create derivative works of such material and content.
8.3 The website is Copyright, Proud2beLocal, 2002. All rights
reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to 16 Lawton Road, Heaton Chapel, Stockport,
SK4 2RG
9.1.2 by fax to 0161 431
5297;
9.1.3 by telephone to to 0161 431 5297; or
9.1.4 by email to info@proud2belocal.co.uk
9.2 As proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which will be sent within
3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION
WE PLACE ON THE website, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN
RELATION TO ITS ACCURACY.
10.2 The website is provided on an "as is" and "as available"
basis without any representation or endorsement. Unless specified in separate
terms and conditions related to a particular product or service, we make no warranties
of any kind, whether express or implied, in relation to the website, or products
or services offered on the website whether by us or on our behalf (including free
software downloads) including but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility, security,
accuracy, condition or completeness, or any implied warranty arising from course
of dealing or usage or trade.
10.3 Unless specified in
separate terms and conditions related to a particular product or service, we make
no warranty that the website or products or services offered on the website whether
by us or on our behalf (including free software downloads) 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 or products or services
offered on the website whether by us or on our behalf (including free software
downloads) are free of viruses or bugs or are fully functional, accurate, or reliable.
We will not be
responsible or liable to you for any loss of content or material as a result of
uploading to or downloading from the website.
10.4 Notwithstanding any other provision in the Conditions, nothing in shall limit
your rights as a consumer under English law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the website and any information
provided to or taken from the website by you.
10.6 We will not be liable in contract, tort or otherwise is if you incur loss
or damage connecting to the website through a third party's hyper-text link.
10.7 We will not be liable,
in contract, tort (including, without
limitation, negligence), pre-contract or other representations (other than fraudulent
misrepresentations) or otherwise out of or in connection with the website or products
or services offered on the website whether by us or on our behalf (including free
software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits,
contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or
not such losses were within the contemplation of either of us at the date on which
the event giving rise to the loss occurred.
11. SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
12. WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach
of any provision.
13. SURVIVAL
Each provision of these Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
14. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between
you and us relating to the subject matter covered and supersede any previous agreements,
arrangements, undertakings or proposals, written or oral, between you and us in
relation to such matters. No oral explanation or oral information given by either
of us shall alter the interpretation of these Conditions. You confirm that, in
agreeing to accept these Conditions, you have not relied on any representation
save insofar as the same has expressly been made a representation in these Conditions
and you agree that you shall have no remedy in respect of any misrepresentation
which has not become a term of these Conditions save that your agreement contained
in this Clause shall not apply in respect of any fraudulent misrepresentation
whether or not such has become a term of these Conditions.
15. LAW
The Conditions will be exclusively governed by and construed in accordance with
the laws of England and Wales whose Courts will have exclusive jurisdiction in
any dispute, save that we have the right, at our sole discretion, to commence
and pursue proceedings in alternative jurisdictions.
The personal information
you provide by submitting this form will be collected by Proud2beLocal who may
(i) pass your details to certain third parties to assist them in analysing use
of the website and enabling them to contact you about products or services which
may be of interest to you and (ii) use it in accordance with our privacy policy.
PRIVACY POLICY
We will collect information about your personal details, tastes and
preferences both when you tell us what these are and by analysis of traffic on
the website, including by using cookies (see below).
We use information collected about you to help us (a) develop the design and layout
of the website to ensure that it is as useful and enjoyable as possible and (b)
provide the products and services which interest you.
Sometimes this information
may also be used by us and our associated companies to inform you about changes
to the website, new services and products or offers that you might find interesting.
If you do not wish to receive this information, please send an e-mail to.info@proud2belocal.co.uk
We may at our discretion choose to sell, trade, rent or otherwise disclose your
personal information to trustworthy third parties situated within the European
Economic Area or in countries approved by the Data Protection Commissioner.
You may instruct us not
to do by sending an e-mail to info@proud2belocal.co.uk. In addition, we may provide
aggregate statistics about our services, competitions, clients, traffic patterns
and other site information to third parties, but these statistics will not include
any information that could personally identify you. In the event that your personal
details become untrue, inaccurate or incomplete, or in any event, you have the
right to access your personal details and may rectify the same.
You agree that you do not
object to us, our associated companies or such third parties contacting you for
any of the above purposes whether by telephone, email, fax or in writing, and
you confirm that you do not and will not consider any of the above as being a
breach of any of your rights under the Telecommunications (Data Protection and
Privacy) Regulations 1999.
We reserve the right to access and disclose individually identifiable information
to comply with applicable laws and lawful government requests or requests by the
police investigating suspected illegal activities, to operate our systems properly
or to protect ourselves or other Users. We also reserve the right to disclose
individually identifiable information to third parties where a complaint arises
concerning your use of the website, and that use is deemed by us inconsistent
with the Conditions.
When you input information
or request services from us, we offer the use of a firewall. This lets you input
information safely whilst effectively preventing that information from being accessed
by unauthorised persons. In addition, we have strict security procedures covering
the storage and disclosure of your information in order to prevent unauthorised
access to comply with the UK Data Protection Act 1998. This means that sometimes
we may ask for proof of identity before we disclose personal information to you.
A cookie is a piece of information
that is stored on your computer's hard drive by your web browser. On revisiting
the website our computer server may recognise the cookie, giving us information
about your last visit. Most browsers accept cookies automatically, but usually
you can alter the settings of your browser to prevent automatic acceptance. If
you choose not to receive cookies, you may still use most of the features of the
website.
We welcome your questions
and comments about privacy issues and the design of the website. Should you have
such comments or have a complaint about how we are using your personal data, please
send an e-mail to info@proud2belocal.co.uk.
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