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Total Guide to Swindon: T&Cs
These Terms and Conditions ("The Terms") govern your use of the website www.totalswindon.com (and any replacement website or any website used by us in connection with this website) ("The Website") and your relationship with Total Swindon Ltd., company number 7884561 ("Total Swindon") in general. Please read The Terms carefully before using the website as they affect your rights and liabilities.
1. Use of the Wesbite
1.1 If you do not agree to be bound by these Terms please do not register with us and please stop using this Website immediately. Your registration or continued use of this Website indicates your acceptance of these Terms and your agreement to be bound by them.
1.2 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
2. Changes to these Terms
2.1 We may revise these Terms at any time by updating these on this Website. You should check this Website from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by notices or terms located on particular pages of this Website.
3.1 Where any part of the Website requires you to register or provide information it is your obligation to provide complete and accurate information and to update us of any changes to such information where appropriate.
3.2 Registration is personal to you only and you must ensure that any password provided is only used by you. As such you will be entirely responsible for all activities carried out using your password even if such activities are not carried out by you.
4. Third Party Service Providers
4.1 Many of the goods and services supplied through the Website are supplied by third parties. Unless otherwise stated such supply and the respective goods and/or services are a matter between you and the respective third party and subject to their terms and conditions or representations.
4.2 Some of the information we supply on the Website is provided by third parties. Whilst we endeavour to ensure that such third parties provide accurate information (for example for listings) we provide no warranty as to the accuracy of such information and any use or reliance on such information is entirely at your own risk.
5. Permitted Use Policy
5.1 You agree to comply with all applicable laws, regulations and codes of conduct that may apply to any of your activities and to ensure that anything you do in relation to this Website does not infringe the rights of any other person or body.
5.2 All information and material on the Website and any other material sent to you by us ("the Material") belongs to us or our licensors. In consideration of you complying with these Terms, we grant to you a non-commercial, non-exclusive, non-transferable, royalty free licence to:
5.2.1 retrieve, display and view Material on your computer on which you first accessed it;
5.2.2 print a single copy of individual pages and store such pages on your personal hard drive; all for your personal, lawful and non-commercial use alone.
5.3 If you fail to comply with these Terms, this licence shall immediately terminate without further notice to you.
5.4 We, or our licensors, own the copyright and all other intellectual property rights (including but not limited to copyright, database rights, design rights (registered and unregistered) and trade marks) associated with the Material and the Website in general unless stated otherwise.
5.5 You agree that you shall not do any of the following without our prior written permission, either solely or jointly with or on behalf of any other third party directly or indirectly:
5.5.1 reproduce or copy the Material or create derivative works from it (other than as allowed under this Permitted Use Policy), or modify or in any way commercially exploit any of the Material;
5.5.2 distribute, transmit or publish any of the Material (including using it as part of any library, archive or similar service);
5.5.3 create a database in electronic or structured manual form by downloading and storing all or any of the Material from this Website for any purpose whatsoever.
5.6 You agree that in relation to this Website you will not either solely or jointly with or on behalf of any other third party directly or indirectly:
5.6.1 Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
5.6.2 Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful or objectionable material or information;
5.6.3 Do anything which is in any way unlawful;
5.6.4 Upload files that contain software or other material protected by intellectual property rights (or by rights of privacy of publicity) unless you own or control such rights or have received all necessary consents;
5.6.5 Make available, distribute or upload any files that contain viruses, bugs, corrupted files, trojan horses, worms or any other software or programs that may in any way cause damage or harm;
5.6.6 Delete any author attributions, legal notices, (including but not limited to copyright and trade mark notices) or proprietary designations or labels in any file that is uploaded;
5.6.7 Falsify the origin or source of software or other material contained in a file that is uploaded;
5.6.8 Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters;
5.6.9 Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
5.6.10 Damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair the Website's functionality;
6. Information Supplied By You
6.1 Subject to our Information Policy, you agree that by the act of posting any information onto this Website or sending us information by any means (including but not limited to email and letter) unless you indicate otherwise you grant us and any licensors an irrevocable, perpetual, royalty free worldwide licence to use such information in any matter which we see fit. The licence will include but not be limited to the following rights - broadcasting, editing, deleting, copying, distributing and otherwise transmitting the material.
7. Cancellation Rights
7.1 The Consumer Protection Distance Selling Regulations 2000 ("Regulations") grants consumers, in certain circumstances, the right to cancel a contract entered into by them within certain time periods. We will honour this right where applicable but subject to the exceptions in the Regulations.
7.2 Where you buy or order any goods or services through the Website that are supplied by a third party your right to cancel a contract shall be subject to such third party's own terms and conditions.
7.3 Where you purchase a service from us your right to cancel will expire as soon as we commence any work in relation to such service or as soon as you receive any benefit in relation to such service.
8. Our Commitment To You
8.1 Whilst we endeavour to ensure that the Website is always available and the information on the Website is accurate and complete we make no warranty in relation to such availability, accuracy or completeness. Your use or reliance on such information is entirely at your own risk.
8.2 We make no warranty that this Website or the equipment that makes it available shall be free from any viruses or anything else which may cause harm to your (or anyone else's) computing equipment.
8.3 The Website and the Material on it is provided on an "as is" basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express or implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.
9. Our Liability To You
9.1 Unless otherwise stated in the Specific Terms referred to in Clause 1.3 of these Terms this clause sets out our entire liability to you in relation to the Website and any goods or services used or purchased in relation to this Website.
9.2 Your use or reliance upon any of the information contained in this Website is entirely at your own risk and we shall in no way be responsible or liable for any such use or reliance. Furthermore we shall not be liable for the unavailability of the Website or any inaccuracy or incompleteness of any Material to the greatest extent permitted by law.
9.3 Nothing in these Terms shall limit or exclude our liability to you for death or personal injury where this is caused by our negligence.
9.4 We shall not be liable to you for any loss where such loss is a business loss or the losses were caused in the course of business.
9.5 We shall not be liable to you for any loss of profits, loss of time, loss of opportunity, loss of data, damage to reputation, loss of use of money, any consequential or indirect loss, or for any loss which is not reasonably foreseeable to us as a consequence of our breach of these Terms. This exclusion of liability shall apply to all such losses whether they are direct, indirect or consequential losses.
9.6 To the extent that we are liable to you and subject to any Specific Terms (as set out in clause 1.3), our liability shall be limited to the cost of the goods or services (paid by you to us) that gave rise to such liability.
9.7 We make no warranty in relation to goods or services that are supplied by third parties through the Website and we exclude all liability in relation to them.
9.8 We cannot be responsible for the computer equipment and telecommunications equipment you use in relation to the Website or for the internet and telecommunications infrastructure in general. You are therefore entirely responsible for you own computer equipment and for the transmission of any information to the Website and we shall have no responsibility in relation to the security of such information.
10.1 You agree to indemnify us (cover all our losses) against all and any expenses, losses, liabilities, damages, costs incurred or suffered by us in relation to any claims or proceedings, which arise in any way from your use of the Website or from any breach by you of these Terms or from any use of the Website by anyone using your password.
11.1 Where any payment is required for any goods or services all amounts must be paid in accordance with any applicable Specific Terms as set out in clause 1.3, and such amounts must be paid in full and received by us in cleared funds.
11.2 Prices are stated exclusive of VAT and where this is payable you shall be responsible for payment of it at its then current rate from time to time.
11.3 If any payment is not made in time or is for whatever reason not accepted by us you will be in breach of these Terms and our obligation to you in relation to the appropriate goods or services and any other goods or services we offer will immediately cease.
11.4 Where payment for any goods or services is to be made directly to a third party supplier of such goods or services, such payment must be made subject to such third party's own terms and conditions.
11.5 When making payment you must be the bill payer of whichever method of payment you choose to use or you must have the bill payer's express permission to make such payment.
11.6 Any charges incurred in relation to telecommunications, including mobile network charges or internet telecommunications service provider charges will be in addition to any charges we or our third party suppliers make and you shall be entirely responsible for such additional charges.
12. Data Protection
12.1 You agree that all information provided by you may be used by us in accordance with our Information Policy.
12.2 You are responsible for ensuring that all information supplied by you is complete and accurate and that you have the right to give us all the information that you do give us.
12.3 Where stated on an individual competition that you enter, we reserve the right to pass on the information used to enter that competition to the prize provider.
13.1 In order to use our Website to its full potential you may need to download third party software.
We are not responsible for such third party products in any way and your use of them is entirely at your own risk.
14. Links And Advertisements
14.1 We may provide links to third party webpages or other information external to the Website. Whilst we endeavour to vet those third parties who we link to we are not responsible for the contents of any information or for any goods or services which you may access by virtue of such links. You shall use and select any such links entirely at your own risk.
14.2 We allow third parties to advertise their products and services on our Website and we may sponsor other third parties on our Website. We in no way endorse any products or services supplied by such third parties and you buy such products and services subject to the relevant third parties' terms and conditions and entirely at your own risk and subject to your own choice.
Furthermore the third parties who advertise on the Website or who we sponsor are entirely responsible for the content of their advertisements, extracts or information contained and we exclude all liability, to the greatest extent permitted by law, for any errors or inaccuracies that may appear in such advertisements, extracts or information.
15. Events Beyond Our Control
15.1 We will not be liable to you for any breach of these Terms which are in any way due to events beyond our reasonable control including but not limited to infrastructure failure, staff shortage, telecommunications or internet failure, fire, flood, war, natural disaster, terrorist act or civil commotion.
16.1 We may at any time take down the Website for any reason or prevent your access to it using your password either on a permanent or temporary basis and without the need for prior notice to you. Where you have made payment for our goods or services, we will, where possible provide such goods or services following removal of the Website but where we cannot we will endeavour to provide you with an appropriate refund. If goods and/or services have been purchased or ordered from a third party through the Website and the Website is taken down after such purchase or order the supply of the goods or services is a matter for you and the relevant third party supplier.
17.1We may serve notice upon you by any of the following means:
17.1.1 electronic mail;
17.1.2 a general notice on the Website;
17.1.3 notice in writing delivered by first class mail to the address which you have provided for us.
18.1 You may not assign, sub licence or otherwise transfer any of your rights under these Terms as such rights are personal to you.
18.2 If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction that part shall be enforced to the maximum extent possible and the validity of the remaining terms will be unaffected.
18.3 If we do not exercise any right or remedy under these Terms, this will not mean that such right or remedy has been waived. These Terms, together with the Specific Terms and anything else expressly additional, contain our entire agreement and understanding with you in relation to your use of the Website and you agree that you do not rely on any statement, warranty or representation that is not expressly included.
18.4 Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
19. Persons Under The Age Of 18
19.1 If you are under 18 years of age you agree that you have had your parents’ permission to use the Website and send any information to us about yourself or anyone else over the internet.
19.2 We make no representations or warranties whatsoever to the effect that the contents of this Website are suitable for people under the age of 18.
20. International Use
20.1 We make no promise that the contents of the Websites and the goods and services on the Website or available via the Website are available or appropriate for use in locations outside of the United Kingdom. Accessing this Website from any country where any part of the Website is illegal or unlawful is strictly prohibited. If you can access this Website outside of the United Kingdom you do so on your own initiative and you are responsible for compliance with any applicable local laws.
21. Law And Jurisdiction
21.1 These Terms shall be governed by and construed in accordance with the laws of England. You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.