Terms of Use

Terms of Use

Definitions

Archant Group“, “Archant” means Archant Limited, whose registered office is at Prospect House, Rouen Road, Norwich, Norfolk NR1 1RE, and any subsidiary from time to time of Archant Limited  also referred to as “We”, “Us” and “Our”.   Subsidiary has the meaning given in section 1159 of the Companies Act 2006.

Website” means this website and any other Website or  wap sites (including their constituent pages) with their home pages published by Archant Regional Limited; and any other website, wap site or web address owned or operated by a member of the Archant Group as may link to these Terms and Conditions from time to time

This page was last updated on 15th March, 2011.

1. General

These terms and conditions apply to all users of this Website.  If You do not accept these terms then You should immediately stop using this Website.  Your use of the Website confirms Your acceptance of these terms.  We will not be liable to You for any interruption or delay that You experience in accessing the Website, whatever the cause.

Use of the Website is at your own risk. This Website is made available on the basis that there are excluded, to the extent permitted by law, any terms implied by statute or otherwise and all liability for any loss or damage however it arises out of the use of this Website or reliance on its content.

We do not accept any liability or responsibility for any third party material appearing on the website or for the nature or content of such material: We do not control such material nor do We examine or edit postings prior to their appearance on the website. For the avoidance of doubt, to the fullest extent permissible by law, We are not liable for any loss or damage caused as a result of  material on the website or Your use of the website (save for death or personal injury if caused by Our negligence).

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Contributions standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To harvest or collect email addresses or other contact information of other users from the site.
  • To use automated scripts to collect information from or otherwise interact with the site.
  • To obtain personal information from anyone for commercial or unlawful purposes.
  • To register for more than one user account or have more than one profile.

You agree to indemnify and hold Archant Limited, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising directly or indirectly out of Your use of the Website in breach of these Terms of Use.

We reserve the right (but do not assume the obligation) without notice to remove any material which We in Our sole discretion deem to be harmful, offensive or otherwise in breach of these terms and conditions and/or to terminate the registration of any person who We in Our sole discretion deem in breach of these terms and conditions. This is without prejudice to any of Our rights at law all of which are specifically reserved.

No metatags, hyperlinks or other forms of linkage whatsoever to any other website may be imposed on the Website unless express prior permission has been given, save as set out in the section headed “Linking” below.. Access to particular areas of the Website may be subject to additional terms to which You confirm Your acceptance of by entering the particular areas.  If You do not accept those terms then You should immediately stop using those pages.

Archant does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected or that the Content or the Server(s) are available free of viruses or bugs.

We are not responsible for any technical or other issues that may arise if You download software from an external third party Website (e.g. Acrobat Reader) or upgrade Your browser software to enhance Your usage of the Website

This Website provides links to other websites. These links are for Your convenience only and do not signify that We endorse or undertake any responsibility for the content of or any transactions that You enter into relating to those linked sites.  Use of third party websites is entirely at Your own risk

Save as specifically provided otherwise. This Website is targeted only at, and goods and services are only available to, UK residents.

You understand that except for paid for advertising offered by us on the site, that the site is available for your personal, non-commercial use only. You may not use your profile or any other part of the site for advertising or other commercial purposes.

EQ Mobile

Our site and certain services provided through our site may be available via your mobile phone, including SMS updates. When our site is accessed via a mobile it may be displayed differently and not all the content and functions will be available.

We do not charge for accessing our site through your phone. However, your normal network charges will still apply.

Intellectual Property

The Website and its content are protected by copyright, trademark, patent, trade secret and other laws. “EQ” “EQLife.co.uk” and associated logos and designs are trademarks or trade names of Archant..  Archant owns and retains all rights in the  Website and to all content on the Website created or acquired by Archant.

Except for Contributions posted by you, you may not, unless specifically authorised by Archant in writing, copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website. You may retrieve and display content from the Website  (excluding any software code) on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for your personal non-commercial use only.

Registration

Where any part of the Website requires that you register in order to use it, you are obliged to provide accurate and complete registration information.  It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.

No information from children under age 13

If you are under age 16, please do not attempt to register for EQ Life or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.

Parental participation

We strongly recommend that minors 16 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

Registration is at Your own risk and We will not be liable for any unauthorised transactions or postings made using your user name, pin number or password.

Linking

Linking to EQ

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.

If you wish to make any use of material on our site other than that set out above, please address your request to info@eqlife.co.uk.

Links From EQ

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Contributions

Contributions”  means any material posted onto the Website by you, including (but not limited to) verbal, e-mail, video, letters, texts, digital photographs or other images.

By submitting any Contribution  to Us, You agree and acknowledge that you automatically grant Us the royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and to grant others the right to do so. You further agree and acknowledge:

  1. we may select or reject any material for publication, or remove or edit any material submitted at Our sole discretion and no correspondence will be entered into.
  2. material submitted by You may be published in any publication or Website produced or published by Archant Group and/or may be supplied by Us for publication by third parties at Our discretion.
  3. you are over 16 years of age and You are the bill payer or have the permission of the bill payer to send Us the material.
  4. your email address and password are personal to You and You must not allow anyone else to use them.
  5. you must not impersonate any other user of the website or do anything to assist an unregistered user to gain access to the website.
  6. that use of Your personal data by Us is subject to Our Data Protection and Privacy Policy.
  7. We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting material
  8. that you understand and agree that any breach by you of these terms and/or  the warranties below  may cause Us damage and loss and you agree to indemnify Us and keep Us at all times fully indemnified from and against all claims, costs, loss or damage incurred by Us directly or indirectly as a result of any material posted by you on the website or any use by you of the website.

You further agree that by submitting any material to Us, You also waive all your moral rights in such materials and agree not to contribute any material:

  1. that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, pornographic, obscene, in breach of confidence, in breach of copyright or other intellectual property rights, in breach of privacy or any other third party rights ; or
  2. that is discriminatory against race, religion, disability, sexual orientation or gender; or
  3. that is not original to you and/or for which You have not obtained all necessary licences and/or approvals; or
  4. which constitutes or encourages conduct that might constitute a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or
  5. that is in breach of the rights of any third party; or
  6. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
  7. that makes any commercial or business use of the website or post any material which comprises advertising promotional or marketing material of any kind, nor will You set up any links from the Website to any other website.

We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting material in breach of this clause.

Competitions (Inc. Photographic Competitions)

Entry into the competition shall be deemed acceptance of these Terms & Conditions as they relate to the competition. Entries posted in breach of these Terms & Conditions will be invalidated and removed from the competition.

The terms and conditions above relating to Contributions also apply to any materials submitted as part of entry into a competition, including any photographs Your attention is drawn to these terms and conditions particularly as regards your warranties to us.

For the avoidance of doubt, you should also note that by submitting a photograph or other material you grant Archant a worldwide license to reproduce, publicly display, distribute, publicly perform and create derivative works from it in all media, and to sublicense the right to is use by others.

Participation in competitions is open to all persons over the age of 18 except (i) employees and principles of Archant, its affiliates, and participating sponsors or other third parties involved in the particular competition  (collectively, the “Competition Partners”). Eligible participants must be natural persons and not corporate entities.

Details of how to enter (including closing dates) and the submission process and requirements will be posted on the competition entry page of the website. Unless stated otherwise, there are no fees for entry into competitions.

Entrants should retain copies of all submitted materials,including photographs, for their records, as neither Archant nor its Competition Partners shall have any obligation to preserve or return submitted materials.

Skill-based competitions including photographic competitions : Upon closure of the submissions period, a shortlist of all entries (selected by the Editor) will be reviewed by the judging panel, and a final vote will be held to determine the winner. The judges’ decision will be final and shall be made in their sole and absolute discretion.

Results of competitions will be posted to the website and/or notified to winners by email and/or published in the paper..Lists of winners are also available on request.

We reserve the right to report details of competition winners, to take photographs (or other visual media) and to publish such media. The prize must be taken as offered with no alternative. In the event that the prize cannot be supplied no liability will attach to Archant but we will endeavour to provide a prize of equivalent value.  Entry into any competition does not give rise to any binding agreement between the parties. When prizes are supplied by third parties We are acting as their agents and as such We exclude all liability for loss or damage you may suffer as a result of any act or omission by such third party or any other factor beyond our control.

Classifieds

The classified service is for use by private individuals acting in their personal capacity only. You are not permitted to use this service for commercial, business or other trading purposes. This means your business can not advertise products in the classified listings.

We expect you to make fair use of the classified section you are not permitted to post more than 2 classified listings per calendar week.

We reserve the right to remove any classified listings at our sole discretion which we consider not to comply with any of these Terms and Conditions of Use including without limitation those set out at 1. “General” and 5. “Contributions” above.

Use of our classified service is at your own risk. If you are selling, buying or otherwise using our classified service your are solely responsible for all interactions with other users, including payment, delivery or any relationship entered into through our classified service. You acknowledge that we are not responsible or liable for any action or inaction of any party to a transaction, or relationship formed through our classified service.

Termination

We will determine, in our discretion, whether there has been a breach of these Terms and Conditions of Use through your use of our site. When a breach of these Terms and Conditions of Use has occurred, we may take such action as we deem appropriate including but not limited to one or more of the following :

  • Immediate, temporary or permanent withdrawal of your right to use our site and/or deletion of your profile
  • Immediate, temporary or permanent removal of any Contribution , posting or material uploaded by you to our site.
  • Issue you with a warning.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement or other regulatory authorities as we reasonably feel is necessary.

We exclude liability for any actions taken in response to breaches of these Terms of Use. The responses described in these Terms and Conditions of Use are not limited, and we may take any other action we reasonably deem appropriate.

Variation of these Terms & Conditions

We reserve the right to make changes to any part of the Website.  It may therefore be necessary to change these Terms and Conditions.  If  We do change the Terms and Conditions, We will update the date above.  If You use any of the Website after We have published such changes, You will be agreeing to be bound to those changes.  If You do not agree to be bound by the changes then You should immediately stop using the Website.

Additional Services

From time to time We may provide additional services for you to download. However, the download time may vary wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.

Sales & Services from Third Party Sites

Some third party sites which are either embedded into the Website or links are provided are sites which are operated by third parties with whom Archant has a commercial association, including but not limited to sites by means of which you can make payment for use of the Website or associated services. If you wish to make any purchases or enter any financial dealings on such website, you will be entering a contract with the relevant third party operator who will ask you to supply information about yourself and on Your financial affairs, including Your bank or credit card details. The third party operator will have their own terms and conditions and privacy policy and it is up to You to indicate Your consent or otherwise to the use that the third party proposes to make of Your personal data. While We select Our trading partners with care, Archant cannot be held liable for any loss or damage whatsoever which You may suffer as a result of Your decision to enter any dealings or transactions with, or supply personal information to, a trading partner or any third party. Please ensure You are aware of whom You are contracting with and the relevant terms and conditions prior to entering into any contract.

Jurisdiction

Your use of this Website, these terms and conditions and any matters arising are subject to the laws of England.  Any dispute is subject to the exclusive jurisdiction of the Courts of England.