General Terms & Conditions
Meanings and definitions used in these Terms and Conditions:
“Company” means Pallades Limited (company number 5841691) of 7 Bath Place, London, EC2A 3DR;
“Discussion Forums” means the chat areas, bulletin boards or forum facilities provided on the Site;
“Site” means the web site owned and operated by the Company under the domain name www.therichlady.com.
These Terms and Conditions govern your use of the Site and your relationship with the Company (“we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Site. If you have any questions on the Terms and Conditions, please contact marketing@therichlady.com.
1 Introduction
- 1.1 The Site is owned and operated by the Company.
- 1.2 These Terms and Conditions govern the use of the Site produced by the Company, including participation in the Discussion Forums.
- The Site is provided to you for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.
3 Amendments
- We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
4 Registration
- 4.1 To register on the Site you must be over eighteen years of age.
- 4.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
- 4.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
5 Password and security
- 5.1 When you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting marketing@therichlady.com immediately.
- 5.2 If the Company has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
6 Intellectual property
- The content of the Site is protected by copyright, trade marks, database right and other relevant intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from the Company.
7 Your use of the Site
- 7.1 You may not use the Site for any of the following purposes:
- 7.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- 7.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
- 7.1.3 interfering with any other person’s use or enjoyment of the Site; or
- 7.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- 7.1.5 posting any material that is encrypted, constitutes junk mail, ‘SPAM’ or unauthorised advertising or invades anyone’s privacy
- 7.2 You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
- 7.3 You will be responsible for our losses and costs resulting from your breach of this clause 7.
- 7.4 Other than connecting to the Site’s servers by HTTP requests using a Web browser, you may not attempt to gain access to the Site’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
- 7.5 You are responsible for ensuring that any material you provide to the Site or post in a Discussion Area, including but not limited to text, photographs and sound does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.
- 7.6 You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any information or materials on, or associated with, the Site.
- 7.7 Use of Discussion Forums and Comments Areas
- 7.7.1 These Discussion Forum and Comments Area Rules have been put in place to help ensure that the Discussion Forum is a welcoming and useful resource for everyone that participates. These rules outline what is deemed unacceptable behaviour and it is important to read them carefully:
- Do not post libellous or defamatory comments;
- Do not post anything relating to any ongoing or pending trial;
- Do not post content which you have copied from someone else (i.e. you do not own the copyright);
- Do not use profanities;
- Do not post an insult about another user;
- Do not advertise or solicit;
- Do not impersonate another user.
- 7.7.1 These Discussion Forum and Comments Area Rules have been put in place to help ensure that the Discussion Forum is a welcoming and useful resource for everyone that participates. These rules outline what is deemed unacceptable behaviour and it is important to read them carefully:
- 7.7.2 We cannot and do not review every post before it appears on the Site. The Company operates a “notice and take down” policy which means if the Company notices or is made aware of a post which contravenes these rules the Company reserves the right to amend or remove the post
- 7.7.3 The Company encourages you to contact us if you feel a post violates these rules.
- 7.7.4 You are responsible for the content of your posts and the Company does not accept liability for the content or accuracy of your messages. The Company reserves the right not to publish or to republish any material you submit.
- 7.7.5 Users of the Site may submit material for publication in the Discussion Forums. The Company accepts no liability in respect of any material submitted by users and published by the Company and the Company is not responsible for its content or accuracy.
- 7.7.6 If you want to submit material to the Discussion Forum and Comments Areas you may do so on the following terms and conditions:
- 7.7.6.1 You must register on the Site. Refer to Section 4 Registration.
- 7.7.6.2 Publication of any material you submit will be at the sole discretion of the Company and the Company is entitled to make additions or deletions to any such material prior to publication after publication or to refuse publication.
- 7.7.6.3 You grant the Company a non-exclusive, perpetual, royalty free license to edit and republish any material you submit in any format, and you warrant to the Company that any materials you submit is your own work and that you own the copyright and all the relevant rights.
- 7.7.6.4 You warrant that the material you submit is not obscene, offensive, harassing, defamatory or otherwise illegal.
- 7.7.6.5 You agree not to post material that is deliberately intended to upset other users
- 7.7.6.6 You acknowledge that any breach of these warranties may cause the Company damage or loss and agree to indemnify and hold harmless the Company in full and permanently against any third party liabilities, claims, costs, loss or damage incurred by the company as a result of publishing any material you submit to us, including consequential loss.
8 Availability of the Site
- 8.1 Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site you should report it to webmaster@therichlady.com and we will attempt to correct the fault as soon as we reasonably can.
- 8.2 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
9 Links
- 9.1 Any third party web site that links to the Site must not:
- 9.1.1 create a frame or any other browser or border environment around the contents of the Site;
- 9.1.2 imply that the Company is endorsing it or its products or services;
- 9.1.3 use any of the Company’s trade marks displayed on the Site without permission from the Company;
- 9.1.4 infringe any intellectual property or other right of any person;
- 9.1.5 be a web site that contains content that could be construed as distasteful, offensive or controversial.
- 9.2 The Company expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate
- 9.3 On the Site you may be offered automatic links to other sites. Whilst the Company hopes you will be interested in those other sites, you acknowledge that their owners may be independent from the Company and the Company does not endorse or accept any responsibility for their content
10 Use of Material Posted by You
- Postings to the Discussion Forums and Comments Areas are not private. You grant the Company and its nominees a perpetual royalty free non-exclusive license to use, reproduce, modify, translate, transmit, distribute and sub-license any information or material you supply or communicate to the Site via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses. The Company will not return if submitted, and material you supply or communicate to the Site is governed by the Privacy Policy, which is accessible at any time from the bottom of any page on the Site.
11 Comments by Users Are Not Endorsed by the Company
- The Company does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Discussion Forums or elsewhere in the Site. Any information or material placed on line by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of the Company.
12 Competitions and Prizes
- 12.1 These rules apply to all prize promotions including free draws, prize competitions and instant win offers.
- 12.2 From time to time the Company will run competitions, free prize draws and promotions on the Site. These may be subject to additional terms that will be made available at the time.
- 12.3 Promotions are open to UK residents aged 18 years and over.
- 12.4 Prizes are no transferable, non negotiable and no cash alternatives will be offered.
- 12.5 The Company and the promoter reserve the right to substitute the prize for another prize of equal value.
- 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 the terms of the privacy policy. In addition the Company may pass your personal information to the promoters and their data processors. However we always demand that those parties adhere to the same security procedures that we follow ourselves.
- 12.8 It is assumed that by entering the competitions which, if won, could result in time off work, your employer is in agreement to time off. When the dates are specified they cannot be altered.
- 12.9 Winners notified shall have five (5) business working days to respond in full to the email or another winner will be drawn.
- 12.10 By entering the promotion, the winner(s) consent to any publicity generated as a result of the promotion, and use on websites, magazines or mobile services at any time.
- 12.11 Prize draws are open to all residents of the UK, except employees of the Company, 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.
- 12.12 The Sites’ editors’ decision is final and no correspondence will be entered in to. Odds of winning depend on the number of eligible entries received.
- 12.13 Only one entry per person. Spammers will be disqualified.
- 12.14 The Company will not accept responsibility for lost through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
- 12.15 Where the Company runs a competition with a promoter such that the promoter is responsible for the selection and/or the provision of the prizes the Company shall not be responsible for or have any liability for the provision of such prizes.
13 E-Commerce
- 13.1 The Company occasionally joins up with selected third party partners to enable you to purchase products and services. Transactions carried out with specified third party partners (and not with the Company) will be governed by the third party’s standard terms and conditions which may be found on their sites before you transact.
- 13.2 From time to time the Company may team up with other selected third parties to offer you the opportunity to purchase goods from the Site. Such purchases will be with the named third party (and not the Company) and will be governed by the terms and conditions notified to you at the time of purchase. The Company cannot and do not accept any responsibility or liability for any losses you may suffer as a result of entering into any transaction with any third party.
14 Other Promotions
- From time to time, the Company (or selected third parties) may include competitions, promotions or other offers on the Site. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
15 The Company’s right to suspend or cancel your registration
- 15.1 We may suspend or cancel your registration immediately, without prior notice, at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
- 15.2 You can cancel your registration at any time by informing us in writing at marketing@therichlady.com. If you do so, you must stop using the Site.
- 15.3 The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s statutory rights or liabilities.
16 The Company’s liability
- 16.1 The Site provides content from other Internet sites or resources and while the Company tries to ensure that material included on the Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
- 16.2 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
- 16.3 This clause 16 shall not limit or affect our liability resulting from any products sold through the Company Site being found to be unsafe or if something we do negligently causes death or personal injury.
17 Indemnity
- You agree to indemnify the Company, its parent company, its affiliates, officers, employees, advertisers, partners, agents and representatives and to hold them harmless from any and all claims, demands and liabilities (including legal fees) that may arise from your submissions or provision of content, from your authorised use of material obtained through the Site, from your breach of these Terms and Conditions, or from any such acts arising through your use of the Site or any other violation of the rights of another person or party.
18 Editing and Deletions
- The Company reserves the right, but undertakes no duty to review edit move or delete any material posted by users in the Discussion Forums or elsewhere on the Site, in its sole discretion and without notice.
19 Third Party Websites
- 19.1 As a convenience to customers, the Site includes links to other web sites or material which are beyond its control. The Company is not responsible for content on any site outside the Site.
20. Materials Provided by Others
- You agree that the Company is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
21 Advertising and Sponsorship
- Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
22 Applicable Law
- These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
23 International Use
- We make no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
24 Miscellaneous
- 24.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
- 24.2 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
- 24.3 The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
- 24.4 From time to time the Site may publish articles or features which some site visitors may find offensive. The Company does not intend to offend and suggests that the Site visitor who finds the contents of the site offensive, no longer visit the Site. No responsibility is taken for any offence caused.
- 24.5 These Terms and Conditions represent the entire agreement between the parties and supersedes any prior agreement whether written or oral.
- 24.6 If any provision of these Terms and Conditions is fond to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect.
- 24.7 The Site is owned and operated by the Company.
- 24.8 If you have any queries please contact marketing@therichlady.com.
Please leave the Site and its Service now if you do not agree to the terms contained in this Agreement.
© Pallades Limited, 2007