OVER50S.COM TERMS & CONDITIONS OF USE
All contents of this Web site are: Copyright © 2013 Over50s.com and / or its suppliers. All rights reserved.
These are the terms and conditions upon which we provide the Site and by accessing the Site, you agree to these terms and conditions. If you do not agree with these terms and conditions then you are not authorised to use or access this Site.
“You” means the user of the Site, “we”, “us” and “our” means Over50s.com and all of its associated and subsidiary companies, “Site” means the site on the World Wide Web located at www.over50s.com, and “Content” means the information and other material available within the Site.
RIGHTS GRANTED / RIGHTS RESERVED
The Content is for your personal use only and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content.
AVAILABILITY OF THE WEBSITE
You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks. We and / or our suppliers may make improvements and / or changes to the Site at any time.
The Site and the Content is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.
In no event shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage. Your statutory rights in relation to any goods or services purchased through the Site are not affected.
LINKS TO THIRD-PARTY SITES
This Site may contain hyperlinks to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.
INTELLECTUAL PROPERTY AND USE OF SOFTWARE
You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors. Your use of any software that is made available to download from the Site or via any hyperlink contained on the Site (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“Licence Agreement”). You may not install, copy or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the terms of such Licence Agreement.
You are responsible for the security and proper use of all user names and passwords used from time to time in connection with the Site and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people. You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way. If you forget or lose a password or user name you must contact us and satisfy such security checks as we may operate. We reserve the right to suspend user name and password access to the Site and the Services if at any time we consider that there is or is likely to be a breach of security. We reserve the right (in our sole discretion) to require you to change any or all of the passwords used by you in connection with the Site. You must immediately inform us of any changes to the information you supplied when registering for the Site.
PERSONAL INFORMATION POLICY
We explicitly ask when we need information that personally identifies you (“Personal Information”). For example, if you wish to register as a member of the Site, we ask you for your name and email address. We may provide your Personal Information to necessary third-parties from whom you purchase products or services through the Site and to the sponsors of any competitions on the Site in which you participate but only if we have received your consent to do so. We may also use your Personal Information to operate the Site and to keep you up to date with new features of the Site. We may, occasionally, or to use your Personal Information to inform you of new services, and products from us. or We may also provide your Personal Information to carefully selected third parties, again this will not take place unless we have received your consent to do so. If you do not wish to receive such information from us or directly from other suppliers, you may inform us by indicating on the member registration page that you do not desire to obtain any promotional material, or notify us by email to at email@example.com To make sure that your Personal Information for your member registration is correct and up-to-date, you should review and update your personal information regularly. You may also require us to delete the Personal Information we hold about you and if you wish us to do so, please notify us by email to at firstname.lastname@example.org
ONLINE COMPETITION AND PRIZE DRAW RULES
The rules set out below (“Competition Rules”) apply to each competition or Prize Draw we run on the Site (“Competition”). By participating in any Competition you as an entrant agree to be bound by the Competition Rules (and any other rules which apply to each such Competition) and by our decisions, which are final in all matters relating to the Competition. No purchase is necessary to enter a Competition. Entry to a competition is only open to UK residents aged 18 or over. All prizes are non-transferable. Arrangements for the fulfilment of prizes will be made by us or our third party sponsor. We reserve the right in our sole discretion to substitute any and all prizes with prizes of comparable value. Where a closing date has been set for a competition all entries will be deemed to be received at the time recorded on the over50s.com website host. Incomplete or incorrect entries will not be accepted. Persons who are discovered to have entered a competition more than once will be automatically disqualified and all entries removed from the draw. No correspondence will be entered into. In the event that you win a Competition, in order to be eligible for prizes, you (and guest if applicable) may be required to; (1) sign an affidavit of eligibility; (2) release us from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with this Competition or the use or acceptance of the prize or any portion thereof save where due to our negligence; and (3) sign a promotional release granting the right to use your name and likeness for advertising and publicity purposes without additional compensation. You further agree to participate in reasonable promotional activities as requested by us or the sponsor of the Competition. Entry into any Competition constitutes your agreement to sign such releases and to participate in such promotional activities. The receipt, by you if you are a winner, of any of the prize components of a Competition is conditional upon compliance with any and all laws, rules and regulations including without limitation the Competition Rules. Winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description. Where prizes involve the winner(s) travelling, you as a winner (and guest if applicable) shall be required to hold a valid passport and/or other necessary travel documentation and visas. We reserve the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to our employees or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors. By entering the Competition, you as an entrant assign to us all rights, title and interest in all creative material uploaded onto the Site or otherwise provided by you. Winner(s) will be notified by email as soon as possible after the Competition draw. The winners of the competition will be drawn from a list of all correct entries and winners will be notified within 2 weeks of the closing date. For the names of the winner(s), please send an email to email@example.com specifying the Competition in the subject line. Winner(s) of Competitions agree that neither us nor our employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. We reserve the right to disqualify any entrant and/or winner in our absolute discretion. Over50s.com will not be responsible for transmission and/or computer error affecting the logging of entries to a Competition.
PURCHASE OF GOODS OR SERVICES FROM THIRD PARTIES
We will use our reasonable endeavours to indicate whether goods or services which are advertised on the Site are being offered for sale by us or by a third party. Goods are offered by a third party (“Third Party Goods”) where: 1. the Site contains a link to a third party site where you may choose to purchase any goods or services offered for sale on that site (whether or not such goods or services are advertised on the Site); or 2. you may make an enquiry with us regarding goods or services offered by any third party, we then pass that enquiry on to the relevant third party, and you may subsequently decide to purchase such goods or services; or 3. the Site contains a catalogue or database of goods or services which you may choose to purchase. These goods or services will then be provided by the manufacturer or supplier indicated in the relevant catalogue/database entry; Where you choose to purchase Third Party Goods, the contract governing such purchase shall be between you and the relevant third party and on the standard terms and conditions (if any) of such third party for the purchase of such goods or services. In the case of Third Party Goods sold via a catalogue/database, as described in (iii) above, we will endeavour to include a link to the relevant suppliers terms and conditions of sale. You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. You acknowledge any bookings or purchases of Third Party Goods made by you through the Site shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
MODIFICATION OF THESE TERMS AND CONDITIONS
We reserve the right to change theses terms and conditions from time to time. By continuing to use the Site following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.
These terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English courts. Each provision of these terms and conditions excluding or limiting liability shall be construed 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. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.