Live Newcastle

Terms & Conditions

IMPORTANT LEGAL NOTICE

ATTENTION: These terms apply to the entire contents of the Website operated and accessed under the domain name URL www.livenewcastle.co.uk (Website) and to any correspondence by e-mail between Us and You. Please read these terms carefully before using the Website. If You do not accept these terms, do not use the Website. This notice is issued by MiniG Media Limited t/a Live Newcastle, incorporated in England and Wales with company number 06218109 whose registered address is C/O Paul Connon, Offshore House, Euro-Seas Technology Centre, Blyth, Northumberland, NE24 1LZ (Us/We/Our).

1. 1. Introduction
   1. 1.1 You may access most areas of the Website without registering Your details with Us. Certain areas of the Website are only open to Members and Businesses.
   2. 1.2 We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the current legal notice, which is binding on You.
   3. 1.3 In these Conditions references to Act means Data Protection Act 1998; Businesses means any organisation that places an advertisement on the Website and has paid the relevant charge for doing so to Us; Card means a Live Newcastle membership card issued by Us to Members, which allows Members the right to receive discounts on purchases from the Businesses on displaying the Card at the time of purchase; Contract means the request for a Card from an individual and our acceptance of it; Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world; Member/You/Your means a person approved to receive a Card; Membership means having approval to receive access to the Services as a Member; Price means the sum payable by You individual to Us to become a Member as stated on the Website from time to time; Regulation means Consumer Protection (Distance Selling) Regulations 2000; Services means the provision of online access for Members to the Website and the notification to Members through the Website of promotional offers of Businesses and the ability to access those offers using the Card; and VAT means Value added tax chargeable under English law for the time being and any similar additional tax.
2. 2. Uptime
   1. 2.1 While We will endeavour to ensure that the Website is available 99.9% of the time, We shall not be liable to You if for any reason the Website is not so available for whatever reason.
   2. 2.2 We will use reasonable endeavours to provide notification on the Website of any scheduled and emergency outages from time to time, but shall not be liable to You in respect of the same.
3. 3. Intellectual Property Rights
   1. 3.1 Unless otherwise stated, the copyright and other Intellectual Property Rights in all material on the Website are owned by Us or Our licensors.
   2. 3.2 Any rights not expressly granted in these terms are reserved.
4. 4. Commencement and Duration

   The Services supplied under the Contract shall be provided by Us to You within 14 days of receipt of the Price and shall continue for 12 months when they will terminate. Should You wish to renew Your Membership, then You must notify Us no later than 14 days prior to the end of the current 12 month period to enable renewal to take place.

5. 5. Our Obligations
   1. 5.1 We shall use reasonable endeavours to manage the Services with due skill and care.
   2. 5.2 On receipt of Your application for Membership and the Price, We will submit a confirmatory email to You within 24 hours of receipt.
   3. 5.3 If We are unable to deliver the Services within 14 days We will inform You and keep You updated.
   4. 5.4 We reserve the right to refuse Membership to any person.
6. 6. Your Obligations
   1. 6.1 You shall:
   2. 6.1.1 co-operate with the Us in all matters relating to the Services;
   3. 6.1.2 pay to Us the Price; and
   4. 6.1.3 only allow the person named on the Card to use the Card and shall indemnify Us from any claim made whatsoever against Us due to any breach by You of this clause.
7. 7. Price and Payment
   1. 7.1 In consideration of the Services, You are required to pay the Price, which includes VAT.
   2. 7.2 The Price includes delivery costs, which will be added to the total amount due.
   3. 7.3 Payment will be made through Protx, a secure online payment gateway.
8. 8. Cancellation Period

   You have 7 working days to cancel the Contract beginning with the day after the day You submitted Your application for Membership and paid the Price on the Website.

9. 9. Refunds Policy
   1. 9.1 When You cancel the Contract pursuant to clause 9, We will process any refund due to You as soon as possible and, in any case, within 30 days of the day You have given notice of Your cancellation. In this case, We will refund the Price in full, including the cost of sending the item to You. However, You will be responsible for the cost of returning the item to Us.
   2. 9.2 We will issue a full refund of the Price if the Card is defective on delivery, including the cost charged to deliver the Card and return it, if You no longer wish to become a Member, otherwise We will re-issue the Card to You. Processing the refund due to You will take place within 30 days of receipt of the notice of cancellation.
   3. 9.3We will replace any lost or stolen Cards if reported within 7 days of that event occurring.
   4. 9.4We will not refund You if:
      1. 9.4.1subject to clause 8, after purchasing the Card You no longer wish to use it ; or
      2. 9.4.2You have lost the Card or it has been stolen and You have not reported the event within 7 days of it happening.
   5. 9.5We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
10. 10. Liability
    1. 10.1 Our liability for losses You suffer as a result of Us breaching or terminating the Contract is strictly limited to the Price.
    2. 10.2 Any liability is excluded for any loss You suffer as a result of Us terminating the Contract for Your misuse of the Card.
    3. 10.3 We are not liable for passing on any viruses or introducing them to You; it is Your responsibility to perform regular virus checks.
    4. 10.4 We are not liable for any other indirect or direct loss suffered to You.
    5. 10.5 This does not include or limit in any way Our liability for:
    6. 10.5.1 death or personal injury caused by negligence under section 2(3) of the Consumer Protection Act 1987;
    7. 10.5.2 for fraud or fraudulent misrepresentation;
    8. 10.5.3 for any matter for which it would be illegal for Us to exclude or attempt to exclude Our liability.
11. 11. Privacy Policy
    1. 11.1 We are committed to protecting and respecting Your privacy.
    2. 11.2 For the purpose of the Act, We are the data controller.
    3. 11.3 We may collect and process the following data about You:
    4. 11.3.1 information that You provide by filling in forms on the Website including, name, address, telephone number, contact address, email address and bank details;
    5. 11.3.2 correspondence between You and Us;
    6. 11.3.3 information that You provide in surveys that We use for research purposes, to help Us send to You promotions You may find helpful; and
    7. 11.3.4 details of Your visits to the Website; including IP address, operating system and browser type;
    8. 11.3.5 information about Your general internet usage by using a cookie file stored on the hard drive of Your computer.
    9. 11.4 You may refuse to accept cookies by activating the setting on Your browser to allow You to refuse getting cookies, although this may impede Your access and use of the Website.
    10. 11.5 Uses made of the information

        We will use information held about You in the following ways:

    11. 11.5.1 to ensure that content from the Website is presented in the most effective manner for You;
    12. 11.5.2 to provide You with information about products or services in which You have revealed an interest or which We feel may interest You, where You have consented to be contacted for such purposes;
    13. 11.5.3 to carry out Our obligations in relation to the provision of the Services; and
    14. 11.5.4 notify You about changes to the Services.
    15. 11.6 Changes to Our privacy policy
    16. 11.6.1 Any changes We may make to Our privacy policy in the future will be posted on this page and, where appropriate, notified to You by email.
    17. 11.6.2 Our Website, from time to time, contains links to and from the websites of Our partner networks, advertisers and affiliates. If You follow a link to any of these websites, please note that these websites have their own privacy policies and We do not accept any responsibility or liability for these policies. Please check these policies before You submit any personal data to these Websites.
    18. 11.7 Access to Information

        The Act gives You the right to access information held about You. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet Our costs in providing You with details of the information We hold about You.

    19. 11.8 Contact
    20. 11.8.1 Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@livenewcastle.co.uk.
    21. 11.8.2 You have the right to ask Us not to process Your personal data for marketing purposes by email, but You should note that such a request would severely undermine the full benefit of the Website which is to identify promotional offers of interest to You.
12. 12. Termination

    Without prejudice to any other rights or remedies which the parties may have, We reserve the right to terminate the Contract without liability to Us if We have grounds to believe that You have misused the Card or with immediate effect on giving written notice.

13. 13. Notices
    1. 13.1 Any notice required to be given under the Contract shall be given through the Website.
14. 14. Governing Law and Jurisdiction
    1. 14.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
    2. 14.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.