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Glenigan cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
1. Introduction
a. This website (the “Website“) is operated by Glenigan Limited, Company Number 8249446 (England) and whose registered address is 80 Holdenhurst Road, Bournemouth, BH8 8AQ (“Glenigan“).
b. Please read these Terms & Conditions carefully before using the Website. By accessing any part of the Website, you shall be deemed to have accepted these Terms & Conditions in full, regardless of whether or not you are a subscriber to Glenigan content. If you do not accept these Terms & Conditions, you must leave the Website immediately.
c. Glenigan may revise these Terms & Conditions at any time by posting an update on the Website. Your continued use of the Website after any such change constitutes your acceptance of the new Terms & Conditions and they shall be binding on you. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were last updated in March 2021.
2. Restricted Content
a. Access to much of the Website is for Glenigan customers only. To apply to purchase access to our products or services, please contact us at our Get In Touch page or at info@glenigan.com.
b. You acknowledge that our General Terms of Business apply to access to our products and services. If there is any conflict between the General Terms of Business and these Terms of Use, then, if they apply to you, the General Terms of Business shall prevail.
3. Use of the Website
a. You may use the Website for your own personal use.
b. You must not: (i) try to gain unauthorised access to the Website or any networks, servers or computer systems connected to the Website; (ii) use the Website in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Website; (iii) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Website; and/or (iv) use the Website to provide services to third parties.
4. Use of Website Content
a. All intellectual property rights in the content on the Website to and any related material provided to you by Glenigan, whether by email or otherwise (the “Glenigan Materials”) are reserved by Glenigan or its licensors or users (as applicable).
b. You agree that in using the Glenigan Materials you shall (except where otherwise agreed in writing with Glenigan): (i) use them only in accordance with the following permitted uses: (ii) viewing them on a computer screen and printing not more than one copy of them (and not further copying them); (iii) where and to the extent (only) that permission to download and store them is specifically granted in the relevant Glenigan Materials (if at all), downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of it; and (iv) making only such other use (if any) of them as may be specifically authorised in the Glenigan Materials. (v) not create a database (electronic or otherwise) that includes any Glenigan Materials; (vi) not disseminate advertisements on the Website or use the Glenigan Materials for any other commercial purposes (which would include using them to promote or encourage the sale of your goods/services); (vii) not transmit or re-circulate any Glenigan Materials to any third party (unless specifically authorised to do so by Glenigan); (viii) not remove the copyright or trade mark notice(s) from the Glenigan Materials; (ix) not disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (x) not disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world; (xi) not disseminate any material which does or may bring Glenigan or any of its brands or subsidiaries into dispute or in any way damage their reputation; (xii) not disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
c. Additional terms may apply to: (i) any purchases you make through the Website; (ii) registration to the Website and/or any other email alert or other related services; and (iii) any promotion, competition or draw appearing on the Website.
5. Disclaimer
a. Whilst Glenigan endeavours to ensure that the Website is normally available 24 hours a day, it shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
b. You acknowledge that whilst Glenigan endeavours to ensure that the Glenigan Materials are accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Glenigan. You acknowledge that the Glenigan Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision. Finally, you acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Glenigan.
c. Glenigan will use reasonable endeavours to ensure that the Website and the Glenigan Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code.
6. Links to and from other websites
a. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Glenigan has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Glenigan therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
b. You may link to the home page of the Website but strictly only on the basis that you do not replicate the home page of the Website, and subject to the following conditions: (i) you do not create a frame or any other browser or border environment around the Website; (ii) you do not in any way imply any endorsement by Glenigan other than with its written consent or misrepresent your relationship with Glenigan; (iii) you do not use any logos or trademarks displayed on the Website without the express written permission of Glenigan; (iv) you do not link from a website that is not owned by you; and (v) your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
You may link to other pages of the Website only with the prior written consent of Glenigan and subject always to the obligations set out in Clause 6b.
7. Trade Marks
a. All Glenigan trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Glenigan and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of Glenigan other than for the purpose of referring to Glenigan and its associated brands lawfully and in good faith (only).
8. Suspension of access to the Website and User Indemnities
a. If, for any reason, Glenigan believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, cancel your access to the registration sections of the Website immediately and without giving you any advance notice.
b. Without prejudice to the provisions of Clause 8a, you agree to compensate Glenigan in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the Glenigan Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.
9. Limitation of Glenigan’s Liability
a. Glenigan will not be liable to you for any loss or damage caused by Glenigan or its employees or sub-contractors in circumstances where: (i) there is no breach of a legal duty of care owed to you by Glenigan (or its employees or sub-contractors); or (ii) such loss or damage is not a reasonably foreseeable result of any such breach; or (iii) in respect of any increase in the loss or damage resulting from your actions.
b. Without prejudice to Clause 9a but subject to Clause 9c, any liability of Glenigan arising in respect of your use of the Website and/or the Glenigan Materials (whether in tort, contract or otherwise) shall be limited in aggregate to one hundred pounds sterling (£100) per event unless otherwise agreed in writing between us.
c. Nothing in these Terms & Conditions shall exclude or limit Glenigan’s liability for death or personal injury caused by the negligence of Glenigan and/or its employees negligence; or fraudulent misrepresentation by Glenigan and/or its employees.
10. How we may use your personal information
a. We will only use your personal information as set out in our Privacy Policy.
11. Promotion Rules
a. The rules in this Clause 11 together with any specific rules (the “Additional Rules”) provided by Glenigan in relation to a specific promotion (together the “Rules”) apply to all prize promotions operated by Glenigan on the Website, including free draws and prize competitions (each a “Promotion”). By entering a Promotion you agree to be bound by the Rules and to use of your personal information in accordance with Glenigan’s Privacy and Cookies Policy available as a link to this Website.
b. All entrants to a Promotion must be at least 16 years of age at the date of entry and comply with any further age and/or other eligibility requirements set out in the Rules (e.g. in relation to residency and (where the prize includes travel outside the United Kingdom and/or car hire) holding a valid passport, visa and/or driver’s licence). Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of Glenigan. Employees and agents of Glenigan and its associated companies (including the families of such employees and agents) are not eligible to enter Promotions. Only one entry per person and per household is permitted.
c. All entries must be made in accordance with the Rules and must be received by Glenigan by the closing date. Entries made otherwise shall be invalid. Glenigan accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of despatch shall not be proof of entry.
d. Unless otherwise stated in the Additional Rules, all Promotions can be entered by sending an appropriately worded e-mail to the e-mail address specified in the Promotion. Any such e-mail must include your contact details and comply with any instructions set out in the Additional Rules (for example, to identify which Promotion is being entered). Each Promotion must be entered by a separate e-mail. Alternative means of entering a Promotion (if any) will be set out in the Additional Rules and where there are alternative means of entering a Promotion no distinction shall be made between entries between different routes of entry.
e. Unless the Additional Rules specify otherwise, entries shall not be returned to entrants.
f. Glenigan reserves the right at its sole discretion to (without prior notice) cancel the Promotion; and/or substitute the prize(s) for another prize of equal value.
g. Prize-winners will (unless specified otherwise in the Additional Rules) be chosen at random by an independent judge from all qualifying entries. In all matters, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.
h. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
i. Prize-winners will be notified in writing within 6 weeks of the applicable closing date. If a prize-winner fails to respond to claim his/her prize within 14 days of receipt of the notification, Glenigan shall be entitled to select an alternative prize-winner. In such circumstances Glenigan shall use reasonable endeavours to notify the alternative prize-winner within nine weeks of the closing date.
j. Prize-winners will receive their prize within 6 weeks of notification unless otherwise specified in the Additional Rules. The terms and conditions of any third party supplier may apply and must be accepted and complied with by a prize-winner to accept the prize.
k. Glenigan will not be liable if a prize does not reach a prize-winner for any reason outside the control of Glenigan or if a prize is damaged during delivery.
l. Details of the names of prize-winners can be requested by writing to the Data Security and Compliance Manager, Glenigan Limited, 80 Holdenhurst Road, Bournemouth, BH8 8AQ, specifying the relevant Promotion, provided that such request is received by Glenigan within ten weeks of the applicable closing date.
m. By entering the Promotion, the prize-winner(s) agree to take part in any promotional activity requested by Glenigan and consent to his/her name, county and photograph being published for the purposes of the Promotion and promoting the Website and/or Glenigan and its businesses.
n. Where relevant, all taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) are, unless otherwise specifically stated, the sole responsibility of the prize-winner.
o. Other than for death or personal injury arising from the negligence of Glenigan, Glenigan hereby excludes (so far as is permitted by law) all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused in connection with the Promotion or any aspect of the prize.
12. General
a. In the event that any provision of these Terms & Conditions is held to be invalid or unenforceable, the remainder of these Terms & Conditions shall remain valid and enforceable.
b. These Terms & Conditions shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
c. In performing its obligations under this Agreement, each party will comply with all applicable laws, statutes and regulations from time to time in force.