Terms and Conditions at Pigged Off
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Terms and Conditions

 

Access to and use of www.piggedoff.com (Website) is provided by PiggedOff.com Limited (we, us, or our) on the following terms and conditions (Terms).

Please read this these Terms carefully before attempting to subscribe to, access, contribute to or download the online information available on the Website (Subscription Service). In particular, we draw your attention to clauses 14 (Applicability of Online Materials) and 17 (Liability).

1. Use of Website on these Terms

1.1       All use of the Website is on these Terms including the Rules of Posting as they may be modified and posted on the Website from time to time.

1.2       If you do not wish to be bound by these Terms then you may not subscribe to the Subscription Service.

1.3       We may change the Terms from time to time and you should check them regularly. Your continued use of the Website will be deemed to be acceptance of the updated or amended Terms. If you do not agree to the changes you should cease using the Website.

1.4       You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.

1.5       Please note that the Website is available only to individuals that can form legally binding contracts under applicable law. Although the contents of the Website are aimed at users aged 18 and above, you must be over 18 years to purchase the Subscription Services using the payment method displayed on the Website. If you do not qualify, click here to leave the Website now.

1.6       You can print out these terms and conditions by clicking on the print icon on your browser.

2. Accuracy of information and disclaimer

    1. We do our best to ensure all information on the Website is accurate. If you find any inaccurate information on the Website let us know by email to complaints@piggedoff.com and we will use our reasonable endeavours to correct it, where we agree, as soon as practicable.

    2. You should ensure information you send to us is accurate and does not breach anyone else’s rights such as copyright or is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or in is in any way illegal. Remember that the Website can be viewed around the world and the information you send to us will be published on the Website.

    3. You should independently verify any information available on the Website before relying upon it. We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information.

    4. Although we hope this Website will be of interest to users, we accept no liability and, except as set out in sub-clause 10.1, offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.

    5. Any views expressed in messages on the Website are not necessarily ours or anyone connected with us.

3. Use of Website

    1. If your subscription payment is accepted under clause 9, we grant you a non-exclusive, non-transferable licence to use the Subscription Service for one (1) year, and for yearly periods afterwards, on the payment of an annual renewal fee. This licence to use the Subscription Service is granted on the terms and conditions of these Terms and any additional conditions applicable to particular specified contents, as set out on the Website (Additional Conditions).

    2. If any part of the Additional Conditions is inconsistent with any provision of these Terms, the Additional Conditions will prevail, but only to the extent of the inconsistency.

    3. Unless otherwise specified in any Additional Conditions, the Website is presented solely for your private, personal and non-commercial use, and its contents may not be re-sold.

    4. We may terminate or suspend your use of the Subscription Service at any time if you are found in breach of any of these Terms or the Additional Conditions. In these circumstances you will not be entitled to any refund.

    5. We reserve the right to bar users from the Website, on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use the Website under any other name or through any other user.

4. Use of contents

In relation to any content on the Website:

4.1 you may:

(a)        display such content electronically on a single computer to one person;

(b)        where the Website specifically permits it, download and store one copy of such content in machine readable form; and

(c)        print one copy of such content

            for your own personal, non-commercial use.

4.2 you may not:

(a)        download, store, reproduce, transmit, display, copy, distribute or use content other than in accordance with sub-clause 4.1 above;

(b)        sub-license, rent, lease, transfer or attempt to assign the rights in the content to any other person and any dealing in contravention of this clause 4 shall be ineffective;

(c)        make the content available on a network;

(d)        use the content in any manner, or transfer or export the content or any copies into any country, other than in compliance with applicable laws; or

(e)        allow any other person to use the content other than in accordance with these Terms

            any such use of our content requires our prior written permission.

5. Intellectual property

All copyright, trade marks, design rights, patents and other intellectual property rights (whether registered or unregistered) in and on the Website and all content including, but not limited to, text, software, photos, graphics and may in future include video, music and sound shall remain vested in us and our licensors (which includes other users).

6. Contributions to the Website

    1. These Terms apply to all contributions you make to the Website including but not limited to postings and messages.

    2. By sharing any contribution (including any text, photographs, graphics, video or audio) with us you agree to grant us an exclusive, royalty free and perpetual licence to publish the material on the Website and to use it further in any way we wish (including modifying it for operational or editorial reasons). Any copyright in the contribution will remain with you but you hereby waive your moral rights to be identified as the author of the contribution.

    3. In order that we can use your contribution you confirm that it is your own original work, is not defamatory, does not infringe any UK laws, and that you have the right to give us permission to use it for the purposes referred to in clause 6.2 above. If you are in doubt provide a link, not a copy. You must make sure there is no legal obligation, contract or other restriction which prevents you from making the contribution. We recommend you retain copies of all postings and information you send to us electronically, through the Website or otherwise.

    4. If you do not wish to grant us the permission referred to above please do not submit or share your contribution to or with us.

    5. If you have any questions about contributing content to the Website please contact us at queries@piggedoff.com.

    6. We reserve the right to reject any contributions at our discretion.

7. Rules of Posting

    1. We expect many of those contributing to the message boards to have strong views about the matters discussed, but the Website is subject to the laws of libel and you and we could be sued if you are not careful in what you say. You agree to use the Website in accordance with the rules set out in our Rules of Posting which form part of these Terms.

    2. If you see any information on the Website which breaches your or anybody else’s rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and, where we agree, we shall do our best to remove it as soon as possible. We reserve the right to remove postings to message boards or edit them at our discretion, but have no obligation to do so.

    3. It is your responsibility to make sure your contributions fall within the Rules of Posting and we do not accept any liability in this respect. You must indemnify us (that is pay us compensation) for any losses we suffer if you breach this provision or any other provision of these Terms or the Rules of Posting.

8. Subscription Service

    1. In order to participate in and contribute to our Website you are required to register and have a subscription with us.

    2. You may only use your own card and not someone else’s and you may only order for yourself for your own private purposes.

    3. You must be 18 years (or older if the age of majority is older in your country).

    4. We reserve the right to reject any order at our discretion without giving any reason to you.

    5. Our liability for any services ordered by you from the Website including but not limited to the Subscription Service is set out in clause 17 and otherwise in these Terms.

9. Payment and cancellation

    1. To access the Subscription Service you will need to follow the subscription procedures set out on the Website.

    2. Details of the prices for subscription to the Subscription Service, and the procedures for payment are displayed on the Website. You must pay by credit or debit card at the time of your subscription request, and the payment will cover one (1) year’s access to the Subscription Service. The price of any subscription is the price in force at the date and time of your order. We may change the price of any subscription before you place a subscription request. We try to ensure that the prices displayed on the Website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see sub-clause 9.3 below). We will inform you if a subscription’s correct price is higher than that stated in your subscription request and you may cancel the order and decide whether or not to subscribe to the Subscription Service at the correct price. The prices are exclusive of applicable taxes.

    3. We are entitled to refuse any subscription request placed by you. If your subscription request is accepted, we will confirm acceptance to you by online electronic means (Confirmation) to the email address you have given us on ordering. The Subscription Service will be made available to you on Confirmation.

    4. If you wish to cancel your subscription to the Subscription Service within seven (7) working days of Confirmation for any reason (including if you simply change your mind), you may do so if you send us a notice in writing or other durable medium (including email), but only if you have not yet used any part of the Subscription Service. If you exercise your right to cancel as set out in this clause 9.4, you may claim a refund from us, which will be paid as soon as possible, but in any event within thirty (30) days.

    5. You undertake that all details you provide to us for the purpose of subscribing to the Subscription Service will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any subscription. We reserve the right to obtain validation of your credit or debit card details before providing you with the Subscription Service.

10. Warranties and complaints

    1. We warrant that we will provide the Subscription Service with reasonable skill and care.

    2. If you have any complaints, you should direct them to us via email at complaints@piggedoff.com or by post to PiggedOff.com Limited at 21 St Thomas Street, Bristol BS1 6JS.

11. Modifications to the Subscription Service

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Subscription Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these Terms and/or any Additional Conditions. Please note that although we try to ensure that the content of the Website and/or the Subscription Service is accurate, the Website and/or the Subscription Service may contain typographical errors or other inaccuracies.

12. Personal information you provide

12.1     Any personal information supplied to us as part of the subscription process and/or any other interaction with the Website will be collected, stored and used in accordance with the Data Protection Act and subject to our Privacy Policy.

12.2     The following applies to any personal information you provide to us:

(a)        You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the services which are available through the Website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together Partners). These Partners may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should email us at info@piggedoff.com.

(b)        If you use the Website then we may collect information about your usage and if you send us personal correspondence such as emails or letters or post material, reviews or other messages on the Website then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our Privacy Policy shall be known as Purposes). All such information collected by us shall be referred to in these terms and conditions as Personal Information.

(c)        You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read the Privacy Policy.

12.3     By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at info@piggedoff.com.

13. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for access to the Subscription Service. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding the Website that comes to your attention.

14. Applicability of online materials

14.1     The Website is controlled and operated by us from our offices in the UK. Where content published in the Subscription Service has been contributed by other users or supplied by third parties, you understand that we do not control or endorse their contents in any way. All contents which are offered by other users or third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those contents (on or off-line) and the use of those contents. You assume total responsibility and risk for your use of the contents of the Website and the Subscription Service.

14.2     We have used our best endeavours to ensure that all contents comply with UK laws. However, we make no representations that the contents and the Subscription Service are appropriate or available for use in locations outside the UK. Those who visit the Website from other locations do so of their own initiative and are responsible for compliance with all applicable laws. If use of the Website and/or viewing of it, or use of any material or content on the Website or services, or products offered through the Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the Website and you must exit immediately.

14.3     We make no warranties, express or implied that making the contents and the Subscription Service available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Subscription Service, the contents or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Subscription Service or the relevant contents are not offered for subscription by you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to subscribe to the Subscription Service. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Subscription Service by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

15. Linked websites

We may, in the future, provide hypertext links to other sites operated by other people. We make no representations whatsoever about any other websites which you may access through the Website and/or the Subscription Service. When you access any other website you understand that it is independent from ours and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

16. Availability of the Subscription Service

We will try to make the Subscription Service available but cannot guarantee that the Subscription Service will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Subscription Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

17. Liability

    1. Except as set out in sub-clause 10.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Subscription Service, the Website or any information or service provided through the Website not contained in these Terms or any Additional Conditions. We will do our best to ensure that all information and content in the Subscription Service is accurate, but please note that all content and information contained in Subscription Service are provided on an “as is” basis and you assume total responsibility and risk for your use of content and information contained in the Subscription Service.

    2. We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Subscription Service or any information or service provided through the Website, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.

    3. If we are liable to you for any reason, our liability will be limited to £100 for a single event giving rise to your claim or £1,000 for a series or series of connected events giving rise to your claim. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

    4. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Subscription Service and is compatible with the Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Subscription Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

    5. The limitations and exclusions in this condition do not affect your non-excludable statutory rights which only apply to the extent permitted by applicable law.

    6. We are a distributor (and not a publisher) of content supplied by third parties and users of the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not ours.

    7. The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any decisions. You should take your own advice.

    8. If you make an arrangement with anyone named or in connection with the Website this is at your sole risk.

18. General

    1. We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 18.1 shall be ineffective. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

    2. We may alter these terms and conditions from time to time and post the new version on the Website, following which all use of the Subscription Service will be governed by that version.

    3. These Terms together with the Rules of Posting, the Privacy Policy, the Additional Conditions, any subscription request form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms, the Rules of Posting, the Privacy Policy, the Additional Conditions, any subscription request form and payment method instructions.

    4. If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

    5. These Terms and your use of the Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

    6. Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.

    7. Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.

    8. These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

19. Notices

19.1     All notices shall be given:

(a)        to us via email at info@piggedoff.com or by post to PiggedOff.com Limited at 21 Thomas Street, Bristol BS1 6JS; or

(b)        to you at either the email or postal address you provide during any ordering process.

19.2     Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.

19.3     Further information on these conditions or any queries on them can be obtained from:

PiggedOff.com Limited at 21 St Thomas Street, Bristol BS1 6JS

Telephone 0871 288 7621

Or email info@piggedoff.com

20. Replacement

These Terms replace all other terms and conditions previously applicable to the provision of the Subscription Service.

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