1. Introduction
1.1. This website
(“www.haymarket.com”) is operated by
Haymarket Media Group Limited
Registered in England no. 267189 Registered Office: 174 Hammersmith Road, London
W6 7JP
1.2. Your use of the
Website is subject to the following Terms & Conditions of Use, which you are
deemed to accept by using the Website. If you are not prepared to comply with these terms you must leave the
website immediately.
1.3.Additional terms shall
apply:
1.3.1. to any purchases you make through the Website;
1.3.2. to any booking you make through the Website; and
1.3.3. where you are given an opportunity to place advertisements for
goods or services on the Website.
2. Copyright
The copyright and all other rights in
the material on the Website are owned by Haymarket or are included with the
permission of the owner of the rights. As a visitor to the Website, you may
download a single copy of the material on the Website on a single computer for
your own private viewing/listening purposes only. Single copies of pages from
the Website may be printed out for the sole purposes of enabling the person
printing the page to retain a copy for their own personal records. No copying or
distribution of material on the Website for any commercial or business use is
permitted without our prior written consent. No photography, filming, broadcast,
alteration or modification of the pages of the Website is permitted without our
prior written consent except as may be reasonably necessary to use the Website
in good faith. Subject to this paragraph, all rights in material on the Website
are reserved to Haymarket.
3. Prohibited use
You agree not to use the Website:
- to
create a database (electronic or otherwise) that includes material downloaded or
otherwise obtained from the Website except where expressly permitted on the
Website;
- to disseminate advertisements on the Website or use the Website
for any other commercial
purposes (which would include using the Website to promote or encourage the sale
of your goods/services)
- to place links on the Website where
those links take users to unlawful material or material that contravenes these
Terms and Conditions;
- to transmit or re-circulate any
material obtained from the Website to any third party except where expressly
permitted on the Website;
- in such a way so as to remove the
copyright or trade mark notice(s) from any copies of any material made in
accordance with these Terms and Conditions;
- to
disseminate any unsolicited or unauthorised advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation;
- to
disseminate any material that contains software viruses or any other computer
code, files or programs designed to interrupt, damage, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- to
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;
- to
disseminate any material which
compromises the privacy or security of anyone other than yourself;
- to
disseminate any material which does or may bring Haymarket or any of its brands
or subsidiaries into dispute or in any way damage their reputation;
- to
disseminate any material where
use of the material by Haymarket, or any third party licensed or permitted by
Haymarket, will give rise to any third party claims; or
- to post
link(s) that take users to material that contravenes any of the above
restrictions.
4. User Generated Content
4.1. The pages of the
Website where you are capable of posting content are provided for your private,
non-commercial exchange of lawful, relevant, fair and appropriate information,
opinions and comment. Use of the Website that is inconsistent with those stated
purposes is strictly prohibited. By submitting any content to the
Website, you:
4.1.1. grant
Haymarket the right to use such content and all material embodied therein for
any purposes including, without limitation, to edit, copy, reproduce, translate,
disclose, post and/or remove such content from the Website and hereby waive all
of the moral rights that you have under Chapter IV of the Copyright, Design and
Patents Act 1988 in respect of any material you post to the Website;
4.1.2. warrant
to Haymarket that all such content complies with the provisions of Clause 3; and
4.1.3. acknowledge that Haymarket may require you to confirm the above rights and
warranties and agree to do so within 7 days of any request from Haymarket.
4.2. Haymarket reserves the right (but not
the obligation) at its sole discretion to refuse, review edit, move or remove
any content that is posted to, or available on, the Website without the need to
give any reasons for doing so. However, Haymarket will not review the materials
that you or anyone else makes to the Website and therefore, unless we are
specifically notified of the nature of any item of content, you cannot assume
that Haymarket is aware of it. If you object to the publication of any material
placed on the Website please contact Haymarket using the contact us link
(usually at the bottom of the Website) and we will take whatever action we deem
appropriate.
4.3.
Haymarket accepts no responsibility for
any statements, material or other submissions placed on our online forums by you
or any third party, or for any loss or damage resulting from your breach of
these Terms and Conditions.
5.
Use of Software
5.1.
Copyright in any
software that is made available for download from the Website and/or the
Haymarket Materials belongs to Haymarket or its suppliers. Your use of the
software is governed by the terms of any licence agreement that may accompany or
be included with it. Do not install or use any software unless you agree to such
licence agreement.
6.
Links to other websites
6.1.
You may link to the
Website but strictly only on the basis that you do not replicate the pages of
the Website, and subject to the following conditions:
6.1.1.
you do
not create a frame or any other browser or border environment around the
Website;
6.1.2.
you do
not in any way imply any endorsement by Haymarket other than with its written
consent or misrepresent your relationship with Haymarket;
6.1.3.
you do
not use any logos or trade marks displayed on the Website without the express
written permission of Haymarket;
6.1.4.
you do
not link from a website that is not owned by you; and
6.1.5.
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.
7.
Trade Marks
7.1.
All Haymarket trade
marks (whether registered or unregistered) and graphics, logos, designs, page
headers and button icons are the intellectual property rights of Haymarket 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 Haymarket other than for the purpose of referring to
Haymarket and its associated brands lawfully and in good faith (only).
8.
Registration
8.1.
To access certain
parts of the Website, Haymarket may require you to register and provide certain
information about yourself. Such registration shall be subject to specific terms
of registration. Where you register you also agree to:
8.1.1.
provide
true, accurate, current and complete information about yourself as prompted by
the relevant registration form (such information being the "Registration Data");
and
8.1.2.
maintain
and promptly update the Registration Data to keep it fully up to date.
8.2.
Where information
(including sensitive financial or personal information) is provided to Haymarket
(whether directly through the Website or otherwise) you accept that these
methods of communication cannot be 100% secure. Where sensitive financial
information is provided to Haymarket it uses encryption software to attempt to
prevent unauthorised access to this information being obtained. However,
Haymarket cannot accept any responsibility or liability for any damages (other
than liability for death or physical injury arising out of the negligence of
Haymarket or its officers or any liabilities that cannot, as a matter of law, be
excluded) arising from the misuse or loss of data or information submitted by
you to Haymarket directly through the Website or otherwise. The provision of
personal information by you and use of it by Haymarket is subject to Haymarket’s
Privacy Policy (see below).
8.3.
Where you register on
the Website, you will be allocated a user name and password. These account
details must be used solely by you; sharing your user name and password with any
other person or making it available to multiple users on a network is strictly
prohibited. Accordingly, you
agree to:
8.3.1.
maintain
the security of your user name and password and be fully responsible for all use
of the Website made using your user name and password;
8.3.2.
immediately notify Haymarket if you become aware of any unauthorised use of your
user name and password or any other breach of security by sending an
appropriately worded email to the contact details shown on the Contact
section of the Website; and
8.3.3.
ensure
that you exit from your website account
at the end of each session.
Haymarket cannot and will not be liable
for any losses, damages or costs arising from your failure to comply with these
requirements.
9.
Disclaimer
9.1.
Whilst Haymarket
endeavours to ensure that the Website is normally available 24 hours a day,
due to the inherent nature of
the Internet, errors, interruptions and delays may occur in the service at any
time. Accordingly, the Website is provided on an "AS IS" and "AS AVAILABLE"
basis without any warranties of any kind and we do not accept any liability
arising from any interruption in availability.
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.
9.2.
You acknowledge that
whilst Haymarket endeavours to ensure that information on the Website and any
related material provided to you by Haymarket, whether by email or otherwise (“the Haymarket Materials”) is
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 Haymarket. You acknowledge that the
information on the Website does not necessarily reflect the views and opinions
of Haymarket or any of its brands and that
the Haymarket 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.
9.3.
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 Haymarket.
No liability shall be accepted by
Haymarket for any inaccuracy or omission in the information provided on the
Website or the Haymarket Materials.
All implied warranties are excluded from these Terms and Conditions to the
extent that they may be excluded as a matter of law.
9.4.
Haymarket will use
reasonable endeavours to ensure that the Website and the Haymarket 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. Haymarket excludes to the
fullest extent permitted by applicable laws all liability in connection with any
damage or loss caused by computer viruses or other malicious
code originating or contracted from the
Website or the Haymarket Materials.
9.5.
Haymarket will not be
liable for any damages (including, without limitation, damages for loss of the
profits) arising in contract, tort or otherwise from your use or inability to
use the Website or any content or from any action taken (or refrained from being
taken) as a result of using the Website or any content of it, including in
respect of infringement of third party rights arising from the your use of the
content.
9.6.
Links on the Website to third party
websites are provided solely for your convenience. If you use these links, you
leave the Website. Haymarket has not reviewed these third party websites and
does not control and is not responsible for these websites or their content or
availability. Haymarket 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.
Please note that Haymarket
gives no warranty that links to third party sites on the Site shall be marked as
such.
9.7.
The Website may contain links to third party websites where you may purchase
items. You acknowledge that when
making a purchase from a third party website you enter into a contract with that
third party at your own risk and Haymarket will bear no liability for that
contract. Please note that third
parties may operate such shopping sites with reference to the name of the
Website, but that does not mean that Haymarket are responsible for their conduct
or any contracts that you enter into with them.
9.8.
The Website may from
time to time contain advertising and sponsorship. Haymarket is not responsible
for either the content of the material provided by such advertisers and sponsors
or their compliance with voluntary or statutory codes or provisions. In
particular, Haymarket can provide no warranty that it will not take
advertisements or sponsorship from your competitors.
10.
Suspension of access to the Website and
User Indemnities
10.1.
If, for
any reason, Haymarket believes that you have not complied with any of these
Terms & Conditions it may, at
its sole discretion, suspend or cancel your access to all or some of the Website
immediately and without giving you any advance notice.
10.2.
Without
prejudice to the provisions of Clause
10, you agree to compensate Haymarket in
respect of any claims, losses, expenses and/or liabilities (including legal
fees) which arise from your use of the Website and/or the Haymarket 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.
11.
Limitation of Haymarket’s Liability
11.1. Haymarket will not be liable to you for any loss or damage caused by Haymarket
or its employees or sub-contractors in circumstances where:
11.1.1. there is
no breach of a legal duty of care owed to you by Haymarket (or its employees or
sub-contractors); or
11.1.2. such
loss or damage is not a reasonably foreseeable result of any such breach; or
11.1.3. in
respect of any increase in the loss or damage resulting from your actions.
11.2. Nothing
in these Terms & Conditions shall exclude or limit Haymarket’s liability for:
11.2.1. death or
personal injury caused by the negligence of Haymarket and/or its employees
negligence; or
11.2.2. fraudulent misrepresentation by Haymarket and/or its employees.
12.
Competition terms and conditions
These rules (the “Rules”) apply to all prize promotions including free
draws, prize competitions and instant win offers unless otherwise stated on the
Website. Depending on the nature of the competition there may be additional
rules imposed by us (or selected third parties) and each such offer may be
subject to its own express terms and may not be available in all jurisdictions.
12.1. All
entrants to a Promotion must be at least 18 years of age at the date of entry
and comply with any further age and/or other eligibility requirements set out in
the Rules (eg 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 Haymarket.
12.2. Only one
entry per person and per household is permitted and spammers will be
disqualified.
12.3. All
entries must be made in accordance with the Rules and must be received by
Haymarket by the closing date. Entries made otherwise shall be invalid.
Haymarket 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.
12.4. Haymarket
and the promoter reserve the
right at its sole discretion to (without prior notice):
12.4.1. cancel the Promotion;
and/or
12.4.2. to substitute the
prize for another prize of equal value.
12.5. NO
PURCHASE NECESSARY to enter the competitions unless otherwise stated on the
promotional activity with a specific competition.
12.6. By
entering the prize draw, the entrant agrees to be bound by the Rules and by any
other requirements set out in the promotional material accompanying the
promotion.
12.7. By
entering the promotion, the entrant agrees to these Terms & Conditions including
the Privacy Policy. In addition, Haymarket may pass your personal information to
the promoters and their data processors. However, we will always take all
appropriate steps to protect your information
.
12.8. Prize-winners will be notified in writing within 6 weeks of the applicable
closing date (or such other timeframe as is indicated on the Website).
If a prize-winner fails to respond to
claim his/her prize within 14 days of receipt of the notification, Haymarket
shall be entitled to select an alternative prize-winner. In such circumstances
Haymarket shall use reasonable endeavours to notify the alternative prize-winner
within nine weeks of the closing date (or such other timeframe as is indicated
on the Website).
12.9. Prize
draws are open to all residents of the UK, except employees of Haymarket (and
its subsidiaries), the promoter and their immediate families, the promoters
advertising agency and sales promotion consultancy, and anyone else connected
with the creation and administration of the promotion.
12.10. Haymarket’s
decision is final and no correspondence will be entered into. Odds of winning
depend on the number of eligible entries received.
12.11. Haymarket will
not accept responsibility for loss through technical fault, incomplete,
illegible or other damaged entries. Proof of entry is not automatically proof of
receipt.
12.12. Prize-winners
will receive their prize within 6 weeks of notification unless otherwise
specified on the Website. 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.
12.13. Haymarket will
not be liable if a prize does not reach a prize-winner for any reason outside
the control of Haymarket or if a prize is damaged during delivery.
12.14. It is your
responsibility to ensure that when entering competitions which, if won, could
result in time off work, your employer is in agreement to time off. When dates
are specified they cannot be altered.
12.15. Prizes are
non-transferable, non-negotiable and no cash alternatives will be offered.
12.16. Depending on
the nature of the prize, its use or enjoyment may be subject to further
conditions or restrictions.
12.17. By entering the
promotion, the winner(s) consent(s) to any publicity generated as a result of
the promotion, and use on the Website at any time.
12.18. 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.
12.19.Other than for
death or personal injury arising from the negligence of Haymarket, Haymarket
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 any competition or any aspect of the prize.
12.20. The promotional
draw is held by Haymarket.
13.
Variation of these Terms &
Conditions of Use
13.1. Haymarket
reserves the right to vary these Terms & Conditions of Use from time to time. Such
variations become effective immediately upon the posting of the varied Terms &
Conditions on the Website. By continuing to use the Website you will be deemed
to accept such variations.
You should therefore check the Website
from time to time to review the then current Terms & Conditions.
These Terms & Conditions
were last updated in May 2010.
14.
General
14.1.
These
Terms & Conditions shall be governed by, and construed in accordance with,
English law and the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute which may arise out of, under, or in
connection with these Terms & Conditions unless Haymarket shall elect to bring
proceedings in the courts of the country of the user's residence or of principal
place of business.
14.2.
These
Terms & Conditions, as varied by Haymarket from time to time form the entire
understanding between us. Headings in these Terms & Conditions are for
convenience only and will have no legal meaning or affect.
14.3.
No delay
or indulgence by Haymarket in enforcing the provisions of these Terms &
Conditions shall affect Haymarket’s rights under them nor shall any waiver of
Haymarket’s rights operate as a waiver of any subsequent breach.
14.4.
No
right, power or remedy conferred upon or reserved for Haymarket is exclusive of
any other right, power or remedy available to Haymarket provided either under
these Terms & Conditions or as a matter of law and each such right, power or
remedy shall be cumulative.
14.5.
You may
not assign sub-license or otherwise transfer any of your rights or obligations
under these Terms & Conditions.
14.6.
If any
provision of these Terms & Conditions is found to be invalid the invalidity of
that provision shall not affect the validity of the remaining provisions of
these Terms & Conditions, which shall remain valid and enforceable.
14.7.
Nothing
in these Terms & Conditions shall operate to exclude liability that cannot as a
matter of law be excluded and in particular, and notwithstanding the limitations
of liability set out above, our liability for death or personal injury caused by
our negligence shall not be excluded or limited in any way.