TERMS AND CONDITIONS, ETC. OF CLUBBILLBOARD.COM LIMITED
A. Overall Terms and Conditions of Business.
B. Specific Terms and Conditions and Disclaimer for the use of the Website.
D. Data Protection Act compliance note.
THE OVERALL TERMS AND CONDITIONS OF BUSINESS OF CLUBBILLBOARD.COM LIMITED.
1.1 Clubbillboard.com Limited may be referred to as “CCL”
1.2 These terms and conditions comprise CCL's Terms and Conditions of Business (“Terms”) with users who are its clients (“Users”);
1.3 The Terms are to be read in conjunction with and construed in conjunction with:
- CCL's Terms and Conditions including Disclaimer for use of CCL's website;
- CCL's note on the manner of its compliance with the Data Protection Act, 1998; and
- Any separate Agreement between CCL and the User.
2. User's Duty to CCL
2.1 In relation to the services (the “Services”) which CCL provides to Users from time to time, CCL relies on the User for the accuracy of all statements, information and representations notified in writing to CCL by the User;
2.2 User agrees fully and completely to indemnify CCL from the consequences of, or in respect of any loss caused by, inaccuracies or misrepresentations for which he is responsible and on which CCL has relied in respect of providing the Services.
3. Method of making payment to CCL
Any relevant payments to CCL will be made by User in accordance with the method agreed in writing between the CCL and the User from time to time.
4.1 Any reference to a party shall include reference to an individual, partnership, body corporate, unincorporated association, assignees or successors in title.
4.2 Words in the singular shall include the plural and words indicating a particular gender shall include the other gender and vice versa.
4.3 These Terms shall be construed in accordance with English Law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
THE SPECIFIC TERMS AND CONDITIONS OF AND DISCLAIMER FOR THE USE OF THE WEBSITE OF CLUBBILLBOARD.COM LIMITED.
1. The contents of this website (“Site”) are subject to these terms and conditions for use and disclaimer (which, singly or together, may be referred to as “Terms and Disclaimer”).
2. The Site is owned and operated by Clubbillboard.com Limited (“CCL”).
3. In these Terms & Conditions and Disclaimer, a “User” is a person who uses the Site in relation to CCL's online services (the “Services”).
4. The Site is intended for only the use of clients of CCL who are Users.
5. The masculine includes the feminine and the neuter and the singular includes the plural and vice versa.
7. The copyright and all other intellectual property rights in the Site belong to CCL (other than third party rights, in respect of which CCL has obtained permission for use); in the event that CCL uses materials which are protected by Crown Copyright but in respect of which the copyright has been waived, CCL shall acknowledge and identify, on each form, the copyright ownership of the Crown, as follows: “© Crown copyright. Reproduced by Clubbillboard.com Limited”.
8. To obtain access to the Site, all Users acknowledge and accept the rights of CCL, including the disclaimer right, in the Site.
9. The contents of the Site are only for general information and only for use by Users in relation to the Services, for the use of which Services each User must contract with CCL in terms governed by CCL's Terms and Conditions of Business.
10. The information on the Site may be updated from time to time.
11. CCL hereby excludes any warranties (whether expressed or implied) or any other assurances as to the operation, quality, accuracy, efficacy, completeness, performance, timelessness, or fitness for any particular purpose, or functionality of the Site and it is accepted that access to the Site may be interrupted, restricted or delayed, at any time, for any reason.
12. CCL hereby excludes any warranties (whether expressed or implied) or any other assurances as to the quality, accuracy, efficacy, completeness, performance, timelessness, or fitness for any particular purpose of any of the material appearing on the Site.
13. CCL will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or from the inability to use the Site, or any of its contents, or from any action or omission taken as a result of using the Site or any such contents.
14. CCL makes no warranty that the contents of the Site are free from infection by viruses or any other element which has contaminating or destructive properties and CCL shall have no liability in respect thereof.
15. From time to time, the Site may contain links to external, third party sites located on servers which are maintained by third parties; it is understood and accepted that CCL has no control over such third party sites and therefore no control over their content and accordingly information that may be accessed from the Site via hypertext link is available solely on the basis that CCL disclaims all responsibility or liability (including for negligence) in respect of any of the material contained on or accessible from such sites and servers.
16. Where, from time to time, part of the Site contains advertising and other material submitted to CCL by third parties, it is understood and accepted that it is those advertisers solely who are responsible for ensuring that such advertisements and other material so submitted for inclusion on the Site comply with all relevant laws and regulations; although acceptance of advertisements on the Site is subject to the terms and conditions of CCL as regards advertising (which terms and conditions may be made available on request) CCL will take no responsibility for any error, omission or inaccuracy in advertising materials and does not accept liability in respect of any of them.
17. To the full extent permissible by law, CCL disclaims all responsibility (including any implied terms) for any damages or losses (which, without limitation, would include financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from anyone's use of or inability to use the Site or from anyone's use of or inability to use any material appearing on the Site, or from any action or decision taken as a result of using the Site or as a result of using any material on the Site.
18. CCL disclaims and shall have no responsibility for any images which may be uploaded to the site; without prejudice to the immediately foregoing statement, in the event of any purported abuse, Users should report such purported abuse by e-mail to CCL, at email@example.com.
19. The contents of the Site and their use are governed by English law and users agree to submit to the jurisdiction of the English courts with respect to any issue which may arise.
1. Privacy Statement of Clubbillboard.com Limited
1.2 Under the Data Protection legislation, CCL must comply with certain regulations designed to ensure that any data provided is processed with proper care and attention, but in any event CCL is committed to safeguarding the privacy of Users and User's Clients where the Users use CCL's site (“Site”) and the following explains the information-gathering and dissemination practices of CCL relating to the Site.
2. Data collected by CCL
2.1 For the purpose of the Services, personal and/or financial data is/may be collected by CCL, which information may include (but may not necessarily be limited to) in relation to the User his name and address other details.
2.2 Supplementary information relevant to the Services may be collected by CCL and (by way of example, but not necessarily exclusively) may include the musical preferences or other information relating to the User.
2.3 In addition, information may be collected by CCL automatically (which information could include demographic data, geographic trends and browsing patterns) in order to assist strategic development, to audit usage of the Site and generally to provide CCL with an enhanced understanding of the persons using the Site, as a group of users. Such information would only be used in aggregate form and would not contain information of a personally-identifiable nature.
4. Third parties.
4.1 Where necessary, CCL may pass to third parties who help CCL in relation to the Services information concerning the User.
4.2 In addition to the purpose specified in clause 4.1 above, CCL may share aggregate information with selected third parties concerning User, though in this event CCL will disclose neither individual names nor any identifying information.
5. Safeguarding of data.
6. 'Cookies' and their use.
It is understood that small items of personal information are stored by one's browser on the hard drive of one's computer and are used to maintain and track information to allow the server to take back information from the browser (which items may be referred to as “Cookies”); accordingly, where the User's computer is shared with other people, it is recommended by CCL that when the User signs out of the site he should select the “Don't remember my details” option, as by so doing the User should remove all details from the Cookie.
7. Accessing, Correcting, or Removing your Data.
7.1 User has the right to check whether CCL holds personal information about him, to access such personal information and to correct any personal information about him that is inaccurate or out-of-date.
7.2 Where the disclosing of an item of information would interfere with the privacy rights of another person or where it would breach confidentiality attaching to that item of information, CCL will withhold access from certain portions of the database record pertaining to the User.
7.4 In the event that a User wishes access to personal information pertaining to him, he will require to verify his identity to CCL.
7.5 CCL may make an administrative charge to the User for providing access to personal information pertaining to him.
7.6 It is understood that the processing of an application for access to personal information pertaining to a User may take up to 30 days.
CLUBBILLBOARD.COM LIMITED'S NOTE ON THE MANNER OF ITS COMPLIANCE WITH THE DATA PROTECTION ACT 1998
1. In this Data Protection Note, a “User” is a person who uses the website (“Site”) of Clubbillboard.com Limited (“CCL”) in relation to CCL's online services (the “Services”) and the masculine shall include the feminine and the neuter and the single shall include the plural and vice versa.
2. In order to provide the Services, CCL will need to be supplied with information (“Information”) which may include personal financial details.
3. CCL will record the Information (whether in manually operated or automated systems) and retain it only as long as required by law to do so and CCL will keep it as securely as possible.
4. CCL will use the Information only to provide the Services.
5. CCL will disclose such of the Information as is necessary to comply with any legal or regulatory requirements to which CCL may be subject.
6. Except as permitted by this Data Protection note and in order to provide the Services as required by legal or regulatory requirements, CCL will only disclose Information to those to whom User may specifically (in writing) authorise disclosure.
7. CCL may also use the Information to monitor and analyse its business and by the User's use of the Site the User consents to this.
8. A User has the right to apply to CCL for details of the Information which CCL holds about him and an administrative charge may be made by CCL for so complying.