1. Introduction
1.1. This website (“FourFourTwo.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 details shown on
the “Contact Us” page 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 Us” page 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.