Terms and Conditions
These terms and conditions govern your use of this website (CaerphillyObserver.co.uk); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print material from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website (except for content specifically and expressly made available for redistribution within your organisation).
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(5) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(6) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited to £100.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
(8) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(12) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(13) Entire agreement
(14) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
(15) Our details
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views);
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
(c) information that you provide to us for the purpose of registering with us;
(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
(e) any other information that you choose to send to us;
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; and we will use the persistent cookies to: enable our website to recognise you when you visit.
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
Our advertisers may also send you cookies.
We publish Google Adsense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences/. You can opt-out of the Adsense partner network cookie at: http://www.google.com/privacy_ads.html. However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.
(3) Using your personal data
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send to you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested;
(h) send to you our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
(j) deal with enquiries and complaints made by or about you relating to the website;
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
In addition, we may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
(5) International data transfers
Information which you provide may be transferred to countries (including the United States, Japan, and other countries) which do not have data protection laws equivalent to those in force in the European Economic Areas (EEA).
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world.
You expressly agree to such transfers of personal information.
(6) Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password.
(7) Policy amendments
(8) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)
(9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(12) Data controller
The data controller responsible for our website is Caerphilly Media Ltd.
Our data protection registration number is pending
CaerphillyObserver.co.uk is published by Caerphilly Media Ltd. You can email us at email@example.com
Caerphilly Media Ltd – Terms and Conditions for Competitions
1. These terms and conditions (“Rules”) apply to all competitions, prize draws, games, votes, promotions or any other similar commercial offering (“competition”) by or on behalf of Caerphilly Media Ltd, publishers of Caerphilly Observer (“we”, “our” or “Caerphilly Media”). By entering into a competition, each entrant (“you” or “your”) is deemed to have read the Rules and to have agreed to be bound by them, together with any special rules, prize descriptions or instructions expressly stated to apply to any particular competition (“Special Rules”). In the event of any inconsistency between the Rules and Special Rules, the Special Rules shall prevail. An entry for the purpose of these rules includes making a vote.
2. Except where stated otherwise in Special Rules, our competitions are open to residents of the UK aged 18 years or over at the closing date of the competition. If Special Rules allow entry by persons below the age of 18, permission from a parent or guardian must be obtained.
3. Competitions are not open to our employees, the competition sponsors or anyone else connected with the competition, or the immediate families or agents of the foregoing. We have the right to verify the eligibility and identity of any entrant, including by means of a passport or driving licence and utility bill.
4. Entries must be made only by the methods allowed in Special Rules. Only one entry per person (or per telephone or mobile number, email address, household or postal address as appropriate) is allowed, unless otherwise stated in Special Rules. Where entry to a competition is by premium rate telephone call or text, details of costs will be given.
5. Entries must be legible (or audible as the case may be) and correctly spelt, and must be made on the official form, if there is one, or the official page of the relevant website. Entries must include the entrant’s name, address, email address and telephone number where requested. By entering the competition, you confirm that all information submitted by you is true, current and complete. We may reject any incomplete, illegible, altered, corrupted or multiple entry or any entry which is otherwise in breach of the Rules.
6. Entries received after a stated closing time or date will not be entered for the specified competition. We have no responsibility for incorrect, incomplete, lost or delayed entries, or postal, telecommunication or internet faults, failures, or delays or telecommunication network incompatibility. Proof of posting or transmission will not be accepted as proof of receipt by Caerphilly Media Ltd. Entries will not be acknowledged or returned.
7. We shall appoint the judge(s) of any competition. Where required by law or regulation there shall be at least one independent judge. The guiding principle is fairness: if the judge concludes that there has been unfairness, deceit or misinformation in an entry or the conduct of the competition, entries may be declared invalid or adjusted, the competition may be voided or the Rules and Special Rules changed, in any such case to achieve fairness. If no entries reach a required standard, prizes may not be awarded. In the event of any error affecting the competition, whether printing, technological or otherwise, the judge shall have discretion to continue the competition as if the error had not occurred. In all matters, including tie-breakers, the decision of the judge(s) or Caerphilly Media Ltd (as the case may be) shall be final and unchallengeable. No correspondence or discussion shall be entered into.
8. If the competition requires the collection of tokens or vouchers, only originals are valid. No tokens or vouchers will be redeemable for cash. If payment is required for entry, each entry must be accompanied by the appropriate entry fee or proof of purchase, as appropriate.
9. The winner(s) will be chosen in accordance with the Special Rules, subject to the exercise of the judge’s residual discretion. A competition draw shall take place on the date as stated in the Special Rules and the winner(s) shall be the first entry(ies) drawn at random from all qualifying entries. Otherwise, where appropriate, the judge will examine all entries and award the prize to the entry(ies) the judge considers the best. A tie breaker may be conducted to determine an outright winner where necessary. If for any reason, whether foreseen or not, there are more winners than there are prizes, the judge may conduct a draw to choose the final winner(s).
10. Where we are unable to contact a winner within a reasonable period, or any prize cannot be taken up or is declined or returned undelivered, a substitute winner may be drawn or chosen (as the case may be) at our discretion without further notice to the original winner, and the original winner shall cease to be eligible for the prize or any alternative and shall have no claim against us, the judges, the competition sponsor or their respective agents.
11. Caerphilly Media Ltd and any competition sponsor may publish or broadcast your name, details and/or photographs for promotional purposes in any medium and you are required to co-operate with any reasonable request to take part in publicity for the competition, your entry or the prize. The names of winners may be published by us (including online at the website address given in the Special Rules) or will be available on request by writing to the postal address in the Special Rules, specifying the competition and including a self-addressed and stamped envelope. Prize winners shall not without our prior written consent make public or disclose to other media representatives any information in connection with the competition or the prize.
12. A substitute prize of similar or greater value may be given should any prize become unavailable for a reason beyond our control. Cash or credit alternatives will not be offered and prizes are not transferable. Dates, destinations and other specific prize details are subject to availability.
13. Any prize winner will be bound by the terms and conditions attaching to a prize, for instance travel or venue tickets. Prize winners will be solely responsible for obtaining passports, visas or licences or complying with other regulations, wherever required.
14. We reserve the right to cancel the competition or amend the Rules or Special Rules at any time without prior notice. You must check regularly the relevant publication in which the competition is run and the website identified in the Special Rules for changes to the Rules or Special Rules. By continuing to take part in the competition subsequent to any revision of the Rules or Special Rules or any part of them, you agree to be bound by such changes.
15. Caerphilly Media Ltd, the competition sponsors and their respective agents will not be liable for any circumstances beyond their reasonable control which prevent or delay the completion of the competition, or the award or delivery of any prize, or for any winner’s inability to take up or fully enjoy the prize in the manner and at the time specified. Where a prize is provided by a sponsor, such sponsor is solely liable to you for its failure or delay in delivering the prize or for any unsatisfactory quality or misdescription in respect of the prize. To the fullest extent permitted by law Caerphilly Media Ltd, the sponsor and their agents exclude their liability for any damages, losses, claims, costs or expenses, however caused, which arise directly or indirectly from an entry into a competition or the award or non-award, use or experience of a prize to any entrant. We are not liable for any competition operated by a third party but featured in a Caerphilly Media Ltd publication or website, which shall be the responsibility of such third party. Nothing in these Rules or Special Rules shall exclude liability for fraud or for death or injury due to negligence.
16. Caerphilly Media Ltd, the sponsor and their respective agents are not liable for any damage to any computer or mobile telephone resulting from participation in or downloading of any materials in connection with the competition. You acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Caerphilly Media Ltd may be accessed by third parties.
18. By entering a competition, you confirm that any literary, musical, artistic, photographic or other work, including film or sound, (“work”), submitted in connection with the competition is your own original work or is lawfully licensed to you. You further confirm that your work, its entry into the competition and our use of it as provided by these Rules or the Special Rules does not defame any person or infringe the copyright or any other right of any third party, breach any right of privacy or confidentiality or break any law.
19. In consideration of its providing the competition, you grant to Caerphilly Media Ltd for the full period of copyright (including any renewals and extensions) the exclusive, irrevocable licence for first publication, broadcast, display and performance and thereafter a non-exclusive irrevocable licence for publication, broadcast, display, performance, reproduction, distribution, syndication and other exploitation of any work submitted by you in connection with the competition, in each case in all media and formats and any future media and formats worldwide, together with the right to sub-license such rights to other persons.
20. The Rules and Special Rules shall be governed and construed in accordance with the laws of England and Wales and you and Caerphilly Media Ltd submit to the exclusive jurisdiction of the English courts. Caerphilly Media Ltd's websites are only intended to be accessed from the United Kingdom. Caerphilly Media Ltd makes no representation that materials on any of our websites relating to a competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access any Caerphilly Media Ltd website outside of the United Kingdom, you are responsible for compliance with all local laws.
Caerphilly Media Ltd registered in Wales with company number 7604006 and registered address at Studio 3, Apex House, Thomas Street, Trethomas, Caerphilly, CF83 8DP
We shall use and take care of any personal information you supply to us as described in this policy in accordance with data protection legislation. By entering the competition, you agree to the collection, retention, usage and distribution of your personal information as described in this policy, as may be amended from time to time. But you can withdraw your consent at any time by contacting us as provided below. (Persons under 18 should not disclose to us any personal information without first getting the permission of a parent or guardian). Changes to this policy will be published here and you must check regularly to ensure that you are kept up-to-date.
When entering a competition we may ask for your name, email address, telephone number, date of birth, and other personal details. This allows us to process your competition entry, and we may use your details to contact you to keep you up-dated.
Your personal information may be disclosed if we are obliged or permitted to do so by law. We may also disclose your personal information to other companies within the Caerphilly Media Ltd Group and to selected commercial organisations. We or they may then send information to you about goods and services, by any means of communication, including post, telephone or email. By entering the competition you consent to receiving such material in this way, but you can ask us to stop it at any time by contacting the addresses below.
We will keep your personal information securely on our systems for as long as may be necessary for the purposes described in this policy. At any time you can tell us at the addresses below if you do not want us to continue to store and use your details and we will delete them (subject to any relevant retention requirement in law).
You are entitled to request personal data that we hold about you for a small charge. You can insist that we correct any information about you. If you do not wish to receive any communication or material or you want us to delete your personal data, tell us by writing to the postal and/or email address given in the newspaper or online in connection with the competition.
Terms and Conditions of Website Advertising for CaerphillyObserver.co.uk
All advertisements accepted for publication by Caerphilly Media Ltd ('The Publisher') on its website (CaerphillyObserver.co.uk) are accepted subject to these terms and conditions. By using the services of The Publisher you acknowledge that you have read, understand and agree to be bound by the terms and conditions below.
1. YOUR AGREEMENT WITH US
1.1 All orders are subject to acceptance by The Publisher. The Publisher reserves the right to reject or cancel any advertisement without reason or liability.
1.2 All advertisement copy must be legal, decent, honest and truthful and comply with the British Codes of Advertising and Sales Promotion and with the requirements of current legislation.
1.3 The advertisement shall not be defamatory and must not infringe the copyright, moral rights or any other rights of any third party.
1.4 The Publisher may make any alteration it considers necessary or desirable in an advertisement.
1.5 The Publisher will publish the advertisement(s) in accordance with an agreed time scale with you.
2. PRICE AND PAYMENT
2.1 The price of advertising will be as quoted on our web site from time to time.
2.2 The Publisher may change its advertising rates at any time, but changes will not affect orders which it has already accepted.
2.3 Payment for advertising must either be by cheque, bank transfer or credit/debit card. No payment shall be deemed to have been received until The Publisher has received cleared funds.
2.4 Once payment has been made no refunds will be made by The Publisher.
It is your responsibility to check the advertisement for errors. The Publisher assumes no responsibility for the correction of errors not caused by The Publisher. In the event of an error The Publisher will republish the advertisement at no cost to you. In the event of an error caused by you, The Publisher shall be entitled to charge you for republishing the advertisement.
You agree to indemnify and keep indemnified The Publisher from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with the publication of your advertisement.
5. LIMITATION OF LIABILITY
The Publisher accepts no liability that is not expressly set out in these Terms and Conditions and all other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
6. DELAY OR FAILURE TO PERFORM
6.1 The Publisher shall not be liable to you if it is prevented or delayed in performing any of its obligations to you if this is due to any cause beyond its reasonable control including, but not limited to:
6.1.1 an act of God, explosion, flood, fire or accident;
6.1.2 war or civil disturbance;
6.1.3 strike, industrial action or stoppages of work;
6.1.4 any form of government intervention;
6.1.5 a third party act or omission.
7. THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
8. DATA PROTECTION
8.1 The Publisher may collect and process the information you provide about yourself for the purpose of fulfilling your order.
8.2 The Publisher will take all reasonable precautions to keep the details of your order and payment
secure but unless The Publisher is negligent The Publisher will not be liable for unauthorised access to information supplied by you.
8.3 The Publisher will not store credit card details and will not, under any circumstances, share customer details with any third parties.
You shall not be entitled to assign your rights or obligations under these terms and conditions
without the prior written consent of The Publisher.
The Publisher shall have the right to revise and amend these terms and conditions from time to time.
11. GOVERNING LAW
11.1 All contracts formed between us for advertising on this website shall be governed by English law and any dispute shall be subject to the exclusive jurisdiction of the English Courts.
11.2 If any provisions of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.