Terms and Conditions
1 General Terms & Conditions
1.1 Juicebrighton.com is owned and operated by Brighton and Hove Radio Ltd a private ltd company based in the UK whose company number is 04880694 and whose address is 170 North Street, Brighton, BN1 1EA
1.2 In these conditions, references to 'we' or 'us' or 'our' are references to Brighton & Hove Radio Ltd and references to 'you' or 'your' are references to the person using the website. These Conditions (as may be amended from time to time) will govern the relationship between you and us.
1.3 By using juicebrighton.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of juicebrighton.com. If you do not agree to be legally bound by all the following terms please do not access and/or use juicebrighton.com.
1.4 We reserve the right to modify juicebrighton.com and to change the terms and conditions of this agreement at any time, without notice to you. Your continued use of the juicebrighton.com after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. We reserve the right to change the site, its functionality and design without prior notice. We may do this on a regular basis. Material on this website may be out of date, We have no obligation to update such material.
2 Your obligations
2.1 You agree to use juicebrighton.com only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of juicebrighton.com.
2.2 Prohibited behaviour includes harassing, causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within juicebrighton.com.
2.3 You may not post any defamatory material, commit any illegal or immoral activities or use this site in any way which is unlawful.
2.4 You will not commit any fraud or abuse of the system.
2.5 If required, you shall provide only true and accurate information to us (including our advertisers, affiliates and partners) at all times.
3 Acceptable use policies
3.1 You will not attempt to interfere in any way with our networks or network security, or attempt to gain unauthorised access to any other computer system using our Web Site or Services.
3.2 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of juicebrighton.com and all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide services. The use of juicebrighton.com to transmit viruses is strictly forbidden.
3.3 Examples of violations include but are not limited to the following:
3.4 attempting to probe scan or test the vulnerability of a system or network or to breach security or authentication measures;
3.5 taking any action in order to obtain services to which you are not entitled.
4 Intellectual Properties
4.1 The names, images and logos identifying Brighton and Hove Radio Ltd, juicebrighton.com, Juice 107.2, or third parties and their products and services are subject to copyright, design rights and trade marks of Brighton and Hove Radio Ltd and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any licence or right to use any trademark, patent, design right or copyright of Brighton and Hove Radio Ltd, juicebrighton.com, Juice 107.2 or any other third party.
5 Use of juicebrighton.com
5.1 You may not copy, reproduce, re-publish, download, post, broadcast, transmit, make available to the public, or otherwise use our content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal, non-commercial use. Any other use of our content requires our prior written permission.
6 Disclaimers and limitation of liability
6.1 We do not warrant that functions contained in our content will be uninterrupted or error free, that defects will be corrected, or that juicebrighton.com or the server that makes it available are free of viruses or bugs.
6.2 If it is necessary for us to interrupt the Services then we may do so without telling you first.
6.3 You acknowledge that the Services may also be interrupted for reasons beyond our control.
6.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
6.5 Under no circumstances will we be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits or of anticipated savings; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of juicebrighton.com regardless of the form of action.
6.6 You agree to indemnify us against any claims, demands, actions, costs, proceedings, expenses, loss or damage, including reasonable lawyers' fees by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other User using your computer, of any intellectual property or other right of any person or entity.
6.7 Our content, including the information, names, images, pictures, logos and icons regarding or relating to Brighton and Hove Radio Ltd and/or juicebrighton.com, our products and services (or third party products and services), are provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.8 Where we provide a service without specific charge, then it is deemed free of charge, and not to be associated with any other service for which a charge is made. Accordingly there is neither contractual nor other obligation upon us in respect of any such service.
6.9 We are not responsible for any or all advertisements on juicebrighton.com, including but not limited to goods or services advertised by Advertisers. Each such offer is provided at the sole discretion and subject to the terms and conditions, as applicable, of the respective Advertiser. We give no warranty and accept no liability in relation with any such offer.
6.10 We or our content suppliers may make improvement or changes to juicebrighton.com, the Content or to any of the products and services described on juicebrighton.com, at any time and without you.
6.11 You are advised that Content may include technical inaccuracies or typographical errors.
6.12 We give no warranty and make no representation, express, or implied, as to:
a) The truth of any information given on juicebrighton.com by any offer provider or third party;
b) Any implied warranty or condition as to merchantability or fitness for a particular purpose;
c) Compliance with any law;
d) Non-infringement of any right;
6.13 juicebrighton.com contains links to other internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
6.14 These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly if any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
7 Links to juicebrighton.com
7.1 You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.2 You must not establish a link from any website that is not owned by you.
7.3 Juicebrighton.com must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
7.4 If you wish to make any use of material on our site other than that set out above, please contact us.
8.1 We may from time to time provide interactive services on our Web Site, including, without limitation:
User profile pages
8.2 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on juicebrighton.com, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on juicebrighton.com, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
8.3 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
8.4 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
9.2 Further to the above paragraph, by submitting your contribution to us, you:
i) warrant that your contribution;
ii) is your own original work and that you have the right to make it available to us for all the purposes specified above;
iii) is not defamatory; and
iv) does not infringe any law; and
v) indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty; and
vi) waive any moral rights in your contribution for the purposes of its submission to and publication on juicebrighton.com and the purposes specified above.
10 Submission Rules
10.1 You may not submit any defamatory or illegal material of any nature to juicebrighton.com. This includes text, graphics, video, programs or audio.
10.2 Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
10.3 You agree to only submit materials which are your own original work. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
10.4 If you post or send offensive or inappropriate content anywhere on or to juicebrighton.com or otherwise engage in any disruptive behaviour on juicebrighton.com, and we consider such behaviour to be serious and/or repeated, we may use whatever information that is available to us about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s.
10.5 We reserve the right to delete any contribution, or take action against any contributor at any time, for any reason.
11.1 These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
11.2 We may terminate this Agreement, in our sole discretion, at any time, for any reason, without notice to you. A breach of these conditions will result in an immediate termination of the right to use this site, we reserve the right to commence such action as we deem appropriate.
11.3 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
11.4 No waiver by us, in exercising any right shall operate as a waiver of any other right or that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
11.5 In the event of a dispute arising out of or in connection with the terms of this agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
2. Privacy Statement
Juicebrighton.com takes your privacy very seriously. In accordance with the Data Protection Act 1998 juicebrighton.com's appointed data controller is: Brighton & Hove Radio Ltd 170 North Street Brighton BN1 1EJ. juicebrighton.com's registration number is Z8640158.
1 Collection of personal information
1.1 Should you choose to register with juicebrighton.com, we will collect basic personal information to complete your registration. This will include your name, postcode and your email address. We may also collect demographic information, such as your preferences and interests and details of use and transactions made through this site.
1.2 juicebrighton.com also records limited information about your computer hardware and software, including your operating system, browser type, IP address, access times and referring URLs. We also keep track of pages visited by our users to help us maintain and improve our services
2 Use of personal information
2.1 Personal information recorded during your registration is used only by juicebrighton.com. For example we may provide you with information that we think will be of interest to you or contact you with online security advice, in provision of the services you request. We will not divulge your personal details to other organisations; we may however share your details between associated companies within Brighton & Hove Radio groups, as defined by section 736 of the Companies Act 1985.
2.2 We will only use the email addresses of registered users to send emails explicitly requested by the user unless otherwise specified and if you have opted-in to receive marketing information then all emails will be from juicebrighton.com and not from any third party. You can unsubscribe at any time by updating your profile when you log-in to the site or from an unsubscribe link on the e-mail.
3 Control of personal information
3.1 You have the right to update information we store about you at any time, or to request that we remove it from our systems. You may manage your registration details by logging in and visiting the 'My account' section. Under the Data Protection Act users have the right to access information collected by juicebrighton.com about them. This is subject to a administration fee of £10.
4.1 We are committed to the security of your information. We take every precaution to prevent unauthorised access to your information. We cannot protect the information which is collected by a third party owned site which is linked to our site.
6.1 We will occasionally update this Privacy Statement. The date of the last change to this page is always displayed. We encourage you to periodically review this statement.
3. Competition/Prize Draws Terms & Conditions
1.1 Juice hereinafter referred to as 'the Company'
1.2 Unless otherwise acknowledged, these rules apply to all competitions/prize draws - otherwise known as "competition" broadcast or operated by the Company varied only as circumstances may require. Rules pertaining to certain off air promotions may only appear on the specific literature – e.g. fliers or newspapers and leaflets.
1.3 Participation instructions form part of these rules.
1.4 All entrants must agree to abide by these rules.
1.5 The submission of an entry shall be deemed to indicate acceptance of these rules.
2.1 The competition is not open to employees or members of their immediate families (including spouse, parents, grandparents, children, brothers, sisters, uncles, aunts, cousins and remoter issue and in any event the decision of the Company is final) of the Company, the Radio Station and Brighton & Hove Radio Ltd, their agents, participating clients or anyone connected with the promotion of the competition or event and again in the event of nay dispute the decision of the company shall be final and legally binding.
2.2 Our competitions are intended to be fun and entertaining. Entering or participating in a competition does not create an enforceable contract and does not entitle the participant to enforce any claim against the Company.
2.3 Unless otherwise stated, no purchase or payment of any kind is required.
2.4 Entries must be received by the Radio Station before the stated closing date and /or time and subject to the absolute discretion of the Company, late entries will not be considered.
2.5 Where the prize may be won by a numbered caller or participant, the selection of the winning entrant will be at the Company's sole discretion.
2.6 The Company cannot be held responsible for any difficulty in communication with the radio Station by telephone or other means. When communicating by text message the advertised keyword should be used.
2.7 Whilst every care will be taken, the Company cannot be held responsible for the non-delivery, delay or loss of any entry. Proof of posting, texting or emailing is not accepted as proof of delivery. The decision of the Company as to acceptance of any entry shall be final.
2.8 All entries become the property of the Company and unless otherwise agreed, cannot be returned.
2.9 Winners/participants may be requested to take part in marketing or publicity; however winners will be given the option to decline this. Entrants, who agree to publicity, agree to their name and home-town being published on the air and elsewhere and agree to their participation being broadcast, recorded and repeated and otherwise used without entitlement to any payment.
2.10 Subject to the Company deciding otherwise only the stated prize (s) may be won.
2.11 Prize values are set by the supplier of the prize not by The Company. Prize values are approximate at time of competition and may be subject to change.
2.12 No cash alternative is available for non-cash prizes. Cash prizes will be paid by cheque payable to the winning individual. The Company will not be responsible for any lost or misappropriated cheque.
2.13 In the event of the stated prize becoming unavailable the Company will, where appropriate, arrange the supply of an appropriate alternative of similar value at the Company's sole discretion.
2.14 In the event that there is more than one entry qualifying as prospective winner of a prize which is by its nature divisible (for example a cash prize) then the prize may be shared, at the discretion of the Company. In such circumstance the total prize pot shall not exceed the total advertised amount for the competition (or the amount advertised for an individual stage/game within a multi-stage competition). Any such prize shall be paid by cheque to the winner in full and final satisfaction of the winner's claim. In the event of there being more than one prospective winner of a prize that is not by its nature divisible, the decision of the Company as to the ultimate winner shall be final.
2.15 A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply to that person would otherwise be unlawful.
2.16 Age limits apply to certain prizes. Entrants outside such limits will be disqualified unless otherwise specified. Winners under 18 years of age must be accompanied on a journey or holiday or to an event by a parent or guardian or other responsible adult unless otherwise specified.
2.17 Competitions must be a skill-based element. This shall be clearly advertised. Entrants who believe their performance in a skill based contest may be affected by a physical or other condition, must inform The Company of this a minimum of 24 hours before participating. The Company may provide an alternative competition element at its own discretion. Alternatively entrants may be disqualified (where such skill based elements were clearly advertised as part of the promotion).
2.18 The company will notify the winner either by broadcast, by telephone or in writing of the arrangements for collection or delivery of the prize. Any prize not claimed and/or collected within 28 days of the first notification - or a time frame otherwise specified shall remain the property of the Company to do with as it sees fit. While the Company will use its best endeavours to ensure that prizes are received by the actual winner they shall not be responsible for any failure to do so.
2.19 The decision of the Company is final. No correspondence will be entered into concerning the Company's decisions or interpretation of these rules.
2.20 Complaints about the operation (but not the judging see Rule 17) of the competition may be made in writing to the Programme Controller.
2.21 The Company reserves the right to reject claims or applications and to alter, amend or foreclose the promotion without prior notice.
2.22 Subject to the complete discretion of the Company, the winning entry and the names of (major) prize winners will be made available after a specified date to anyone applying for this to the competition address and enclosing a stamped addressed envelope marked ‘Juice 107.2 Competition Rules'.
2.23 Unless otherwise stated, only one entry to the competition will be accepted per person. The first submission will be counted; any additional entries will not be included.
4. Terms & Conditions for Services
In these conditions, references to "we” or "us” or "our” are references to Brighton & Hove Radio Ltd and references to "you” or "your” are references to the person using the website. These Conditions (as may be amended from time to time) will govern the relationship between you and us.
These terms and conditions apply to all contracts for the provision of services through this website throughout the World (including UK).
Subject to availability we agree to provide the services to you and you agree to pay for the services on these conditions.
1 The Contract between you and us
1.1 This Website invites you to buy Services from us. If you wish us to provide Services to you, you will need to complete an order. All orders submitted by you will be subject to these Conditions. A binding contract between you and us ("Contract”) will only arise when we have received an order from you and we have notified you of our acceptance of your order in writing. You should only submit an order to us if these Conditions are acceptable to you without modification.
1.2 These conditions apply to form this contract and prevail over any inconsistent terms or conditions implied by law, trade custom, practice or course of dealing.
2 Our Status
2.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
2.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
3.1 Descriptions of most of our Services are on the Website ("Product Description”). In addition, our Sales Team will also be pleased to discuss any further bespoke Services that you may require. Subject to our acceptance of your Order, and your continual compliance with these Conditions, we will provide the Services specified in your Order in accordance with these Conditions and the Product Description, using our reasonable skill and care at all times. We may use agents and/or sub-contractors to perform the Services on our behalf where we deem it appropriate to do so.
3.2 In pursuance of our policy of continuing service improvements we reserve the right to alter the look, feel, style, facilities and functionality of any of our Services and the Website at any time without giving you prior notice but in doing so we will endeavour not to materially diminish the overall functionality and value of the Services or the Website. Accordingly, the Product Description is subject to change from time to time.
3.3 We may at our sole discretion change the terms and conditions without prior notice. Fees, specifications, descriptions and illustrations are to give you a general idea and can be changed without prior notice or obligation. You are advised to visit these pages on the Website from time to time to make yourselves aware of such changes. We make every effort to maintain fees as quoted on the website but it may be necessary to increase or decrease the fee. Any changes in the fee shall be confirmed in writing to you.
4.1 You may be permitted to place advertisements on juicebrighton.com without payment subject to these conditions and the General terms and conditions. If the you request a paid for service a fee will be payable in accordance with these conditions.
4.2 Our charges ("Charges”) for any Services ordered by you will be our current price in force for that Service when you submit your Order. All our current prices are available either on the website or from one of our sales team. All of our advertised prices are exclusive of VAT and other applicable taxes which will also be payable by you unless otherwise stated.
4.3 The Charges for all of our Services are payable in advance by you. In the case of our Annual Services (which include, without limit, Basic Listing, Enhanced Listing, Trusted Trader, Juice Card, Banner Advertising) this means that our Charges are due to paid by you at the same time as your Order and then again by you on each anniversary. In the case of our Non-Annual Services (which include without limit section sponsorship and Business Directory airtime services) our Charges must be paid by you at the same time as your Order.
4.4 Any indulgence given by us to you in respect of the time for payment of our Charges is entirely at our discretion and shall not operate as a waiver of any of our rights. If you do not pay us any sums due from you on the due date for payment, we may at our option charge interest on the overdue amount at the rate of 4% above the base rate of HSBC Bank Plc then in force.
4.5 If any reduction is available to you in respect of a promotional offer made available by us, and you are eligible for such offer, then the Charges payable by you will be reduced by the amount shown but not by more or otherwise.
5 Termination and cancellation
5.1 In the case of Non-Annual Services the Contract will terminate upon the later of completion by us of such Services and receipt of payment in cleared funds from you of all Charges that are due in relation to them.
5.2 In the case of Annual Services, such Services are provided by us for an initial period of 12 months from the first date on which you make payment to us. Thereafter, the Contract will renew for additional periods of 12 months on payment by you of your Renewal Fee. If you cancel any of the Services other than at the end of a 12 month period, we will not refund any payments made in respect of the remainder of the period.
5.3 We may terminate the Contract with you immediately at any time without notice but, if you demonstrate that we have terminated the Contract without any breach by you of your obligations, we will refund to you a sum representing the part of the Services attributable to the unexpired period to the next anniversary date of your Contract. We may, by at least 30 days notice to you in advance, elect not to renew your contract with us at an anniversary.
5.4 If you are contracting as a Consumer (as defined in the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and Consumer Protection (Distance Selling) Regulations 2000), you may cancel the Contract at any time within seven working days, beginning on the day after you first start to receive the Services. In this case, you will receive a full refund of the Fee paid for the Service, if any
5.5 To cancel the Contract, you must inform us in writing.
5.6 No provision of these terms and conditions will adversely affect the rights of any Consumer (as defined in the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and Consumer Protection (Distance Selling) Regulations 2000).
6 Your obligations
6.1 You shall:
(a) Co-operate with us in all matters relating to the Services;
(c) Ensure that classified advertisements include;
(i) The correct email address, contact telephone number of the advertiser; and
(ii) An accurate description of the goods or services being sold or provided in accordance with the required information specified on the juicebrighton.com from time to time or in accordance with information specifically requested by email.
6.2 You will promptly provide us (free of charge) with any information that we may reasonably require to enable us to proceed with the performance of our obligations under the Contract. This may include (without limitation) any information which we may reasonably request for the purpose of credit verification and debt collection purposes and you permit us to use such information and to provide it to third parties acting on our behalf for such purposes.
6.3 You are responsible for ensuring that all Deliverable Material that you provide to us is accurate, decent, lawful, and honest and that such Deliverable Material is not offensive, prejudicial or inflammatory, likely to expose us to claims, result in our prosecution, cause us to infringe the legal rights of any third party, or cause us embarrassment or distress of any kind. You agree that you will be responsible to us for any losses costs or claims that we incur if you supply Deliverable Material to us which breaches this obligation.
6.4 You must supply Deliverable Material to us in a suitable format (details of which will be supplied upon your request). You must ensure that any Deliverable Material that you supply to us in an electronic form is provided using fully licensed software and is free from harmful viruses or similar.
6.5 If any Deliverable Material that you provide to us itself constitutes or incorporates in any intellectual property rights (including without limit copyrights, registered or unregistered trademarks, patent rights, registered or unregistered designs, proprietary know-how or any other proprietary rights of any nature) you represent and warrant to us that such Deliverable Material is either owned absolutely by you or that the owner of such intellectual property rights has given you permission to use them and to allow us to use them on your behalf.
6.6 If we in our sole discretion consider necessary, we reserve the right to contact the owner of any intellectual property rights vested in any Deliverable Materials provided by you to verify that we have permission to use such Deliverable Materials. However we shall have no liability for failing to do so.
6.7 If our performance of our obligations under the Contract is prevented or delayed by any act or omission by you, your agents, sub-contractors or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
6.8 You shall be liable to pay to us on demand, all reasonable costs, charges or losses sustained or incurred by the us (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from your fraud, negligence, failure to perform or delay in the performance of any of your obligations under the Contract, subject to the our confirming such costs, charges and losses to the you in writing.
6.9 You shall not use juicebrighton.com:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards detailed below.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(g) To reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Conditions.
(h) To access without authority, interfere with, damage or disrupt:
i. any part of juicebrighton.com;
ii. any equipment or network on which our site is stored;
iii. any software used in the provision of our site; or
iv. any equipment or network or software owned or used by any third party.
(i) To infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).
6.10 You acknowledge that we have no control over any content placed on juicebrighton.com by visitors and does not purport to monitor the content of juicebrighton.com. We reserve the right to remove content from the juicebrighton.com where we reasonably consider such content is inappropriate. We shall notify you if we becomes aware of any allegation that content on juicebrighton.com may be Inappropriate.
6.11 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the materials or any other material posted to, or linked to, juicebrighton.com constitutes Inappropriate Content.
7 Warranties and liabilities
7.1 We accept liability to you for any loss that you suffer due to a breach by us of our duty to exercise reasonable skill and care in the provision of the Services. We also accept liability to you for any loss that you suffer because you are injured or die as a result of our negligence. We give no express or implied warranties for any of the Services including without limit any warranty of merchantability for a specific purpose. You hereby acknowledge and accept that we will have no further liability to you in contract, tort, or breach of statutory duty or otherwise.
7.2 In no event will we be liable for any indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by any third party.
7.3 You hereby acknowledge and accept that we make no warranty and give no representation of any kind in relation to data that we obtain for use under licence from any third party organisations and which may be used to assist in the provision of Services by us and which may be displayed on the Website or otherwise by us.
7.4 We will endeavour to ensure that the Website is available at all agreed times but you acknowledge that computer and telecommunication systems are not error free and that we will not be liable to you in the event that the Website or any of the Services become unavailable or inaccessible.
7.5 We do not represent or warrant that the Website or any of our Services will be error-free, free of viruses or other impairing or harmful components. We will endeavour to ensure that errors are not service affecting.
7.6 Except where otherwise specifically stated in these Conditions, our total liability to you for any reason is limited to the total amount of the Charges that you have paid to us under this Contract.
7.7 The Website may contain links to other Websites provided by independent third parties. We make no representations whatsoever concerning the content of those sites and the fact that we provide a link to a particular site is not an endorsement, authorisation, sponsorship or affiliation by us in relation to such sites, its owners or its providers.
7.8 You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including reasonable legal expenses, arising out of or in connection with a breach by you of your obligations, representations and warranties in these Conditions.
7.9 If we fail to do what we have agreed with you because of something outside of our reasonable control, we will have no liability to you because of our failure. If you fail to do what you have agreed to do under this Contract because of something outside of your reasonable control, you will have no liability to us because of your failure.
8.1 You must not use copy, adapt, alter or part possession with any information relating to us which we disclose to you under or in relation to the Contract and which is of a confidential nature. You acknowledge that we may use information provided by you so that we can perform our obligations under this Contract and so we can collate the information that you provide to produce non-customer specific statistics to assist us in our business planning.
8.2 All intellectual property rights in the Website, its functionality, and any design work, documents, drawings and information in connection with this Agreement will remain at all times our property. Such Website, Website functionality, design work, documents, drawings and information are confidential and will not be copied, disclosed or used except by you for your personal non-commercial use. You may not otherwise, without express permission from us, copy distribute sell or publish any of the content of the Website.
8.3 We both must comply with the Data Protection Act 1998 when dealing with information given to the other party under this Contract.
9.1 Any part of these Conditions that is unenforceable or illegal will be severed from these Conditions and will not affect the enforceability of the remaining provisions of these Conditions.
9.2 Any indulgence given by us to you in respect of your obligations under the Contract is entirely at our discretion and shall not operate as a waiver of any of our rights.
9.3 These Conditions together with your Order form the whole of the Contract between us. They apply in place of any other terms or statements discussed between you and any of our representatives or sales people.
9.4 No variation of the Contract or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.
9.5 You may not assign or try to assign or otherwise deal with any of your rights and obligations under the Contract without our prior written consent.
9.6 We may assign or sub-contract all or any of our rights and obligations under the Contract to any third party.
9.7 The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
9.8 Nothing in the Contract is intended to, or shall operate to, create a partnership between us, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
9.9 All notices between us about the Contract shall be in writing and delivered by hand, email or sent by pre-paid first class post:
(a) (in case of communications to the Supplier) to its registered office, or such changed address as shall be notified to the Purchaser by the Supplier, or via the online contact form (email) or
(b) (in the case of the communications to the Purchaser) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Purchaser set out in any document which forms part of the Contract or such other address as shall be notified to the Supplier by the Purchaser.
9.10 Communications shall be deemed to have been received:
(a) if delivered by hand, on the day of delivery; or
(b) if sent by email, if the notice was sent during the business hours of the addressee then on the day of transmission, and otherwise on the next following Business Day. For the purpose of this clause business hours means the hours of 9.00 am to 5.30 pm local time in the country of the addressee; or
(c) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting).
9.11 The Contract is governed by the law of England and Wales and each of us agrees to submit disputes in connection with the Contract to the exclusive jurisdiction of the Courts of England and Wales.
5. Mobile Terms & Conditions
1.1 Text messages sent to Juice on 80006 cost 25p plus your standard network charge (normally no more than 12p) and you should receive a reply to every text message you send into Juice.
1.2 Some network packages offer a number of free text messages per month. Due to the technical nature of the text message you receive from Juice this will still be charged at 25p to your phone bill or pre-pay credit.
1.3 If you have a pre-pay phone then you will need to have enough credit on your phone to receive our reply. If you don't receive a reply from Juice then there are other possible reasons for this please see below.
2 Message Delivery
2.1 Normally you will receive an immediate reply to the text/SMS message you sent to the Juice short code however occasionally mobile networks do experience delays – this could translate into either you receiving the message later than expected or alternatively not receiving it at all. Delays are usually a symptom of a large number of texts all being sent in at same time.
2.2 Unfortunately, message delays are usually something which is completely outside of our control. If you experience any delays in receiving messages and would like to know exactly what's going on you are advised to contact your network operator and they should be able to inform you of any delays they maybe experiencing.
2.3 Otherwise please call +44 (0) 845 200 6000 where either a customer service assistant will answer your call or alternatively leave a brief description of your problem, mobile number and mobile network and someone will get back to you as soon as possible.
2.4 If you do not wish to receive automatic reply messages from Juice then please call +44 (0) 845 200 6000 with your mobile telephone number and this will be arranged.
In this Legal Disclaimer, references to "we" or "us" or "our" are references to Brighton & Hove Radio Ltd and references to "you" or "your" are references to the person accessing juicberighton.com.
1.1 We provide the service ("juicebrighton.com") on an 'as is' basis. While we endeavour to ensure the accuracy of the information provided on juicebrighton.com we:
(a) Do not warrant or guarantee the accuracy, reliability or legality of any information contained in juicebrighton.com;
(b) expressly disclaim all or any warranties, express or implied, relating to juicebrighton.com or any other products or services, including in particular any warranties of satisfactory quality or fitness for a particular purpose;
(c) Will not be liable under any circumstances whatsoever for any direct, indirect, consequential, punitive or special damages arising from the use of juicebrighton.com; and
(d) Reserve the right, at our discretion, from time to time to make changes to the information provided on juicebrighton.com. You are, therefore, advised to check the information provided to you through juicebrighton.com. Any reliance that you place on the accuracy of that information is at your own sole risk.
1.2 We do not warrant that the functions, services and material contained in this website will be uninterrupted or error free, that defects will be corrected or that the site or server are free from viruses including but not limited to; Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. The use of juicebrighton.com to transmit viruses is strictly forbidden.
2 Restrictions on the use of juicebrighton.com
2.1 You are entitled to use the information provided on juicebrighton.com for your own personal, private use. You may not use any data or information provided through juicebrighton.com in connection with any business or commercial undertaking.
3 Intellectual properties
3.1 The data and information contained on juicebrighton.com, the software used to operate it and the trademarks, logos and other intellectual property used in conjunction with it are either our property or the property of our licensors. No licence of any such intellectual property rights is granted to you as a result of your use of juicebrighton.com.
7. Copyright Statement
This juicebrighton.com is protected by copyright. It is published by Brighton & Hove Radio ltd and is made available to you under the following terms and conditions:
1 That it is for your personal use only or for business use only within the terms and conditions accepted when registering;
2 You may not copy or transmit it or otherwise reproduce it or make it available except to download it onto a single computer and view it for private use only;
3 You may not, except with our express prior written permission, distribute or commercially exploit it; you may not transmit it or make it available on a network without our express prior written permission;
4 Use of it is at your sole risk.
5 The above terms may apply to the whole or any part of the site.
6 All other rights are reserved to Brighton & Hove Radio Ltd.
7 Any infringement of our rights will result in appropriate legal action.