This page (together with our Privacy Policy) sets out the terms of use (“Terms”) of our website, www.thegreedybook.co.uk (the “Site”).
These Terms apply to account holders (“Members”), third party purchasers (“Customers”) and visitors to the Site. We provide services (“Book Services”) which allow Members to create and compile books of gifts (“Books”). Customers can view gifts listed in our Member’s books.
Please read these Terms carefully before using the Site. By using or accessing the Site, you agree to be bound by these Terms. You must also comply in all respects with our Privacy Policy. We recommend that you print a copy of these Terms for future reference.
When you register as a Member, you will be asked to confirm your acceptance of these Terms by clicking on the button marked "Accept" on the registration form on our Site. If you refuse to accept these Terms, you will not be able to use, and should refrain from trying to use, the Book Services and the Site.
1. Information about us
www.thegreedybook.co.uk is operated by Greedy Book Limited (“Greedy Book”, “we” or “us”). We are registered in England and Wales under company number 07302134 and our registered office at 2nd Floor, 7-12 Noel Street, London, W1F 8GQ. Our VAT number is GB 997613659. All communications for our attention should be sent to Greedy Book Ltd c/o ECOVIS Wingrave Yeats, 2nd Floor, 7-12 Noel Street, London, W1F 8GQ.
2.Your status
As a Customer or Member, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. If you are under 18 years old, you will need to ask an adult to register on your behalf.
3. How a contract is formed between you and us
3.1 You must complete the registration form on our Site. Your registration constitutes an offer to us to register as a Member. All registrations are subject to acceptance by us and we will confirm such acceptance by sending you an e-mail which confirms that the registration has been accepted (“Acceptance Email”) and that the Book Services will be provided. The contract between you and us will only be formed when we send you an Acceptance Email.
3.2 Once you receive the Acceptance Email, you may use the Book Services.
4. Our status
4.1 The contract for the supply of the Book Services is between you and Greedy Book.
4.2 We shall act as the agent for you in respect of the provision of the Book Services.
4.3 The items listed in Books will be supplied by third party sellers (“Merchants”). If you purchase items from Books, the resulting contract is between you and the Merchant and is subject to the terms and conditions of that Merchant and our order will be fulfilled in accordance with those terms. We are not liable for the delivery of any items purchased by you.
5. Acceptable Use of Our Site
5.1 We grant you a limited non-transferable licence to use the Site subject to these Terms. You may not rent, lease, lend, sell, redistribute or sublicense all or any part of the Site and you agree not to:
(a) alter, adapt, modify, copy or create a derivative work from any content or the Site;
(b) modify, translate, reverse engine, hack or use any other means to retrieve or index any part of the Site, without our prior written authorisation; or
(c) interfere with another user’s use and enjoyment of the Site in any other manner that could damage, disable, over burden or impair the Site.
5.2 Prohibited uses
You shall use our Site only for lawful purposes. You shall not use our Site:
(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) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(e) 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.
5.3 Any attempt to carry out the acts detailed above is a violation of Greedy Book’s and its licensor’s rights and you may be subject to prosecution and / or damages.
5.4 Misuse of our Site as detailed in this clause may be deemed a criminal offence under the Computer Misuse Act 1990. We will report any such misuse to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a misuse, your right to use our Site will cease immediately.
5.5 These Terms govern the use of any upgrades to the Site, provided by us and which replace and/or supplement the Site, unless such upgrade is accompanied by a separate licence, in which case the terms of that licence will govern.
5.6 Interactive services
(a) We may from time to time provide interactive services on the Site, including blogs and chat rooms (“Interactive Services”).
(b) If we provide any such Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
(c) We will do our best to assess any possible risks for users from third parties when they use any Interactive Services. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we may provide 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.
(d) 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 Interactive Services that it is important that they communicate with their children about their safety online. Moderation is not foolproof. Minors who are using any Interactive Services should be made aware of the potential risks to them.
(e) If we moderate Interactive Services, we will normally provide you with a means of contacting the moderator should a concern or difficulty arise.
5.7 Content standards
(a) These content standards apply to any and all material which you contribute or upload to our Site (“Contributions”) and to any Interactive Services.
(b) You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
(c) Contributions must:
· be accurate (where they state facts);
· be genuinely held (where they state opinions);
· comply with applicable law in the UK and in any country from which they are posted.
(d) Contributions must not:
· contain any material which is obscene, offensive, hateful or inflammatory;
· promote any illegal activity;
· contain any material which is defamatory of any person;
· promote sexually explicit material;
· promote violence;
· promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· infringe any copyright, database right, trade mark or other right of any person;
· be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
· be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
· be likely to harass, upset, embarrass, alarm or annoy any other person;
· give the impression that they emanate from us, if this is not the case; or
· advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6. Accessing the Site
6.1 The Site may be accessed on a temporary basis and we reserve the right, at our sole discretion, to withdraw, amend or modify the Site, and/or Book Services without notice. Greedy Book will not be held liable if for any reason the Site, and/or Book Services are unavailable at any time or for any period.
6.2 Greedy Book is continually seeking to develop and improve the Site, and/or the Book Services. We may at our sole discretion, and without notice, restrict access for a period of time to some part(s), or all of, the Site, and/or the Book Services.
6.3 You are responsible for making all the necessary arrangements to ensure you can access the Site (including, but not limited to, any charges associated with such access).
6.4 Greedy Book maintains, controls and operates the Site, and Book Services from the United Kingdom. The Site, and/or Book Services are not available in all languages or in all countries. We do not represent that any of the content on it is appropriate or available for use in other territories. You accept that if you access the Site, or Book Services from outside the United Kingdom then you are solely responsible for compliance with all applicable local laws and regulations.
6.5 Some or all of the Book Services may be unavailable or operate at reduced functionality with respect to products or websites owned or controlled by Merchants which are not affiliated partners of Greedy Book.
7. Price and payment
7.1 You may access the Book Services in accordance with these Terms, free of charge.
7.2 The price of items will be as quoted on the Merchant’s site from time to time and as otherwise specified in the Merchant’s terms and conditions. Please note that Books may state the price of items at the date the Book was compiled. These prices are liable to change and you are responsible for checking the price of items on the Merchant’s site prior to purchasing the item.
7.3 The Book Services may also allow you to compare the prices of items supplied by Merchants. Your reliance on the price comparison information provided on our Site will be governed in accordance these Terms.
7.4 Payment for items will be made in accordance with the Merchant’s terms and conditions and will be paid direct to the Merchant.
8. Duration
8.1 The licence to use the Site, related Book Services is effective until it is terminated by you or by Greedy Book.
8.2 We will supply the Book Services to you from the date you receive the Acceptance Email and will supply you with these services until this agreement is terminated in accordance with these Terms.
9. Viewing Books
9.1 Books can be set as either public (the default setting) or private in accordance with our Privacy Policy. Members who ‘own’ (i.e. have created) a book can choose to share a private book with selected third parties by copying and pasting the URL of the private book.
9.2 Items in Members’ public Books can be viewed on our Site by Customers and other Members. Other Members can add or share items that they find in Members’ public Books to their own Books.
9.3 Members can use our Site to view the progress of their Books and see which items have been purchased by Customers.
10. Changing your books
10.1 Members may make changes to their Books on our Site at any time before an item is purchased by a Customer or the Book Services are terminated.
10.2 If you choose or are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any passwords, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
10.3 You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them. We shall not be liable for any loss or damage you may suffer due to misuse of your password.
11. Reliance on information
Commentary, financial information and other materials and / or information displayed on our Site are is for general information only and is not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials and / or information by Members, Customers, visitors or by anyone who may be informed of any of its contents. Before executing any securities transaction based on any information provided or displayed on the Site or the App, you should consult with a financial advisor.
12. Other Sites
12.1 Our Site may contain hyperlinks to other websites ("Other Sites"), if you use the hyperlinks to access these Other Sites, you will leave our Site and will be re-directed to the Other Sites. These Other Sites may contain materials which you find offensive, objectionable, unlawful or inaccurate. The Other Sites may have their own terms of use and privacy policy which governs their use and those Other Sites may have different practices and requirements than our Site. We, our partners and affiliate merchants may not have knowledge of, and are not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk.
12.2 The hyperlinks to Other Sites do not constitute an endorsement by us and does not imply that we support, approve, are affiliated or are associated with, any Other Site or that any Other Site is authorised to use any of our intellectual property or that of any of our affiliates or licensors. We do not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites (including but not limited to, the third party site’s compliance with the Data Protection Act 1998, Consumer Protection (Distance Selling) Regulations 2000, Electronic Commerce (EC Directive) Regulations 2002, British Codes of Advertising and Sales Promotion and/or any applicable or equivalent legislation in the relevant jurisdiction). These links are provided solely for your convenience.
13. Intellectual Property Rights
All information, data, text, documents, designs, graphics, logos, pictures, images, photographs, videos, software, interactive features, advertisements or other content, services or materials (or any part of them) both in the Site, and/or accessed via any links to third party services or websites within the Site are protected by copyright, trade marks, database rights and other intellectual property rights (whether registered or unregistered and including applications for the grant of any such rights) and are owned by or licensed to Greedy Book, or are otherwise used by us as permitted by applicable law or regulation. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise, any licence or right for you to use the same other than as licensed herein.
(a) You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
(b) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
(c) Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
(d) You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
(e) If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13.1 Content Uploaded by Members
(a) We act as the agent for our Members in respect of the Book Services we provide, which allow Members to create books of gifts by uploading content to the Site. All Contributions are the sole responsibility of that Member and we are not responsible for them, nor will we pre-screen such Contributions.
(b) Anyone who uploads content to the Site hereby represents and warrants that they have all necessary licences, rights, consents, and permissions which are required by law for all Contributions to the Site and that the Contribution does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.
(c) By uploading a Contribution and in consideration of us making available to you the opportunity to upload Contributions, you unconditionally and irrevocably grant us a worldwide, non-exclusive, royalty free licence of the entire right and interest in and to your Contribution, to use in any way including (without limitation) the right to edit, copy, modify, adapt, translate, reformat, create derivative works from, broadcast, perform and otherwise make available to the public.
(d) We reserve the right, but are not obligated, to delete, move or edit your Contribution, in whole or in part and for any reason, in our sole discretion. We reserve the right to suspend or terminate any Members access to the Site and Book Services and pursue all legal remedies if we believe a Member has uploaded content which infringes another's rights or otherwise violates any law, rule or regulation.
14. Copyright Infringement
14.1 If you are a rights owner and you believe that any content on the Site (or the work of a third party on whose behalf you are entitled to act) is provided in such a ways as to infringe your copyright, please provide us with a notice (“Notice”) which should include the following written information:
(a) a statement that you have identified material on the Site which infringes your rights (or infringes the rights of a third party on whose behalf you are entitled to act, if applicable);
(b) identification of the work claimed to have been infringed, or, if multiple works are covered by a single Notice, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including, for example, a URL and/or screen shot);
(d) your full name, email address, postal address and telephone number on which you can be contacted;
(e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the owner, its agent, or the law;
(f) a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
(g) a physical or electronic signature (which may be a scanned copy) of a person authorised to act on behalf of owner of the work that is allegedly infringed.
Please send all notices of claims of infringement regarding the Site and/or App by post, marked “NOTICE OF INFRINGEMENT” to:
GREEDY BOOK LIMITED C/O ECOVIS WINGRAVE YEATS
2ND FLOOR
7-12 NOEL STREET
LONDON
W1F 8GQ
By email: [email protected]
This ‘notice and takedown’ procedure is regulated by statute. There may be negative consequences if you falsely allege content is infringing your copyright or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a NOTICE OF INFRINGEMENT if you are unsure about your rights or whether there has been an infringement of your rights.
14.2 If you believe that we have removed a Contribution (or other content) that you have uploaded to the Site or shared via the App in error, you may send us a written counter-notice including the information set out below (in the same order as set out below):
(a) details of the content that has been removed or to which access has been disabled;
(b) information reasonably sufficient to permit us to know where the content in question had been located on the Site (including a URL and/or screen shot);
(c) a statement that you believe in good faith that the content that you have identified has been removed by mistake and your reasons for believing this;
(d) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and
(e) a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place.
Completed counter-notices should then be sent to:
Attention: Charlie Webb, Director.
14.3 Greedy Book has a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer includes any user who has submitted two or more Contributions for which we receive a copyright infringement notice in accordance with this section. If your membership is terminated in accordance with this provision, you shall not register or attempt to register a new user account. You agree to keep Greedy Book fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a user breaching this provision.
14.4 Greedy Book has the right to disclose your identity to any third party who is claiming that your Contribution posted or uploaded by you to our Site or shared via the App constitutes a violation of their intellectual property rights, or of their right to privacy or any other law
15. Trade marks
15.1 The Greedy Book is a trade mark of Greedy Book Limited.
15.2 All other trade marks, registered trade marks, product names and company names or logos mentioned on our Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or to us from the owner.
16. Disclaimer of warranties and limitation of liability
16.1 You agree that your use of the Book Services, and Site is entirely at your own risk and the entire risk as to satisfactory quality, performance, accuracy and effort lies with you.
16.2 The Site, and Book Services are provided “as is” and on an “as available basis” without any guarantees, conditions or warranties of any kind as to their performance or accuracy. To the extent permitted by law, we and third parties connected to us expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with their use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
16.3 No oral or written information or advice given by the Greedy Book or its affiliates shall create a warranty. Should the Site prove defective, you assume the entire cost of all necessary servicing repair or correction.
16.4 We are not responsible for any damage to any user's computer, hardware, computer software, mobile devices or handsets or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
16.5 This clause 16 does not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
16.6 In no event shall Greedy Book’s total liability to you for all damages related to your use of the App (other than as may be required by applicable law) exceed £50.00.
16.7 As a user you accept that the Site and/or Book Services will not be uninterrupted or error free and that defects may not be corrected.
16.8 We expressly disclaim any and all responsibility and liability for the conduct of any other user of the Site and/or App, and expressly disclaim any liability for Contributions submitted or uploaded by other Members.
16.9 The Merchant’s individual liability will be set out in their terms and conditions.
17. Indemnity
17.1 You agree to indemnify, hold harmless, and keep us and our affiliates, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including legal fees arising out of or in connection with these Terms.
17.2 You will cooperate as fully and reasonably as required by us in the defence of any claim. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us herein under the Terms. In no event shall you settle any such claim without our prior written approval.
18. Linking to our site
18.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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.
18.2 You must not establish a link from any website that is not owned by you.
18.3 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
18.4 If you wish to make any use of material on our Site other than as set out above, please address your request to [email protected].
19. Termination / Suspension
Greedy Book reserves the right, at any time, for any reason, in its sole discretion and without prior notice to you to:
(a) suspend or revoke your account, your right to access and/or use the Site; and
(b) make use of any operational, technological, legal or other means available to enforce these terms, including but without limitation, blocking specific IP addresses or deactivating your registration and/or username and password
19.1 Notwithstanding the provisions above, we will endeavour (but do not guarantee) to provide you with written notice that your use of the Site, and the Book Services may be suspended or terminated.
19.2 You can terminate your account at any time by sending an email request to [email protected], or by the pressing ‘delete account’ button in the ‘greedy account’ section of the Site. This will remove your Book and any other personal information from view and prevent you from using the Book Services. Once your registration is terminated Greedy Book has the right to delete your account and any Contribution made by you.
19.3 Contributions that you have uploaded to the Site, other than personal information and information from your profile may be removed following termination of your account but may still appear on the Site even after your account has terminated. Pursuant to the licence granted at Section 13.3 of our Terms, Greedy Book shall have the right to use your Contribution anywhere on the Site as we, in our sole discretion choose.
20. Data protection
20.1 Our Privacy Policy sets out the basis on which personal data (as defined by the Data Protection Act 1996) will be processed by us. Greedy Book may collect and use technical data and related information, including but not limited to, technical information about the device you have used to access the Site. Such information is gathered periodically to facilitate the provision of software updates, product support and other services to you. We may use this information, as long as it is in a form that does not personally identify you, to improve the services we provide to you.
20.2 By accepting these Terms you have also accepted the terms of our Privacy Policy [LINK], which is incorporated herein by reference for all purposes. By using our Site you consent to such processing and you warrant that all data provided by you is accurate.
21. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
22. Notices
All notices given by you to us must be sent to Greedy Book Limited at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
23. Transfer of rights and obligations
You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent.
24. Events outside our control
24.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (“Force Majeure Event”).
24.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
24.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance equal to the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
25. Our right to vary these terms and conditions
25.1 We reserve the right to revise, amend or change these Terms at our sole discretion, at any time and without prior notice to you. Any changes to these Terms will be posted on the Site home page and we will indicate the effective date at the top of the page. It is therefore important that you check the Site regularly to take notice of any modifications, amendments or changes to these Terms. Should we make any substantive changes to these Terms, we will notify Members and Customers by email (to the email address provided on registration) and, where appropriate, ask you to re-accept these revised Terms.
25.2 If you do not accept any of the modifications, amendments or changes to these Terms, you should stop using the Site immediately. Your continued use of the Site, and the Book Services constitutes acceptance of any new Terms and you will be legally bound by them.
25.3 You will be subject to the policies and terms and conditions in force at the time that you use our Book Services, unless any change to those policies or these Terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Acceptance Email (in which case we have the right to assume that you have accepted the change to the Terms).
26. Waiver
No failure or delay by us in exercising any right, power or privilege under these Terms shall operate as a waiver of such right or acceptance of any variation of these Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
27. Third Parties
Nothing in these Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of this agreement and The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
28. Law and jurisdiction
Contracts for the provision of Book Services formed through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.
29. Your concerns
If you have any concerns about material which appears on our Site, please contact [email protected].
TERMS OF USE VERSION 4 (October 2014)
Terms and Conditions: Win an item from your greedy book.
Entry into this competition means you agree to be bound by the terms and conditions set out below, which may be amended or varied at any time by the Promoter.
Definitions:
Greedy Book Limited (the “Promoter”) operates the website at url www.thegreedybook.co.uk, which allows members to set up Greedy Books (wish lists) of all their most desired items and then share them with their nearest and dearest to ensure they get what they really want.
A Greedy Book (the “Greedy Book”)is a wish list, where members can have a ‘library’ of as many Greedy Books (wish lists) as they want, each can be filled with any item they desire.
Terms:
1. Open to all residents of Great Britain, except employees of the Promoter, their direct family members and anyone professionally involved with this promotion.
2. No purchase necessary. To enter, simply share an item from your greedy book (from www.thegreedybook.co.uk) on either Facebook or Twitter and use hashtag makingalist. Entrants must do this between 9am Thursday 27th November and midnight Friday 28th November 2014 and therefore become an “Entrant”. All Entrants must be over 18.
3. The closing date for entry is midnight on 28th December 2014 (the “Closing Date”). There will be one prize winner (the “Winner”) which will be selected by the Promoter here on 1st December 2014 at random. The Winners will be notified by Facebook message by the Promoter within 4 days of the draw being made. If a Winner has not responded to the Promoter to claim their prize by 31st December 2014, the Winner shall forfeit the right to claim their prize and the Promoter shall have to select an alternative Winner. The Promoter’s decision is final. If the Promoter is unable to contact an Entrant drawn, after making reasonable efforts to do so, that Entrant will forfeit their prize and the Promoter reserves the right to offer the prize to another Entrant.
4. The prize consists of the shared item which coincides with the winning entrant. Prizes maximum value is £100. Where the items value exceeds £100 the winner will be given the contribution of £100 towards their item or select a new item of a value up to £100. You may enter the competitions as many times as you like, but only one prize can be won per person.
5. The prize will be delivered to the Winners, once they have responded to the Promoter with a valid postal address. Winners should allow 30 days for delivery of their prize. If the prize cannot be awarded for whatever reason, the Promoter will provide a substitute prize of equivalent quality and value.
6. All prizes are non-transferable and there are no cash alternatives. Prizes must be taken as stated and cannot be deferred. The Winners' names can be found on our Facebook page at url: http://www.facebook.com/thegreedybook or by out by sending an SAE to "Tag to Win", Greedy Book Limited, PO Box 67129, London, SW11 9ES. No other correspondence will be entered into concerning the result and the Promoter's decision is final in every situation, including any not covered in these terms and conditions.
7. As an Entrant, you release the Promoter from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with this prize draw or the use or acceptance of the prize or any portion thereof (save where due to our negligence). You agree to the Promoter using your name and likeness for advertising and publicity purposes without any compensation.
8. By entering this competition and in consideration of the chance of winning this prize you hereby assign to the Promoter in perpetuity and with full title guarantee, all right, title and interest in and to, and all other rights of whatsoever kind and nature in (including, without limitation, rental and lending rights), any material you submit.
9. You acknowledge that you will receive no further remuneration or compensation for the material you send to the Promoter and you waive irrevocably and absolutely any and all moral rights arising under Chapter 4 of the Copyright Designs and Patents Act 1988 and, so far as is legally possible, any equivalent rights you may have in any territory in the world.
10. Entrant warrants that the material they submit for this competition will not contravene any applicable laws and regulations,
11. Entrants shall indemnify and hold the Promoter and its affiliates or assignees harmless from and against all costs (including reasonable legal costs), expenses, liabilities (including any tax liability), or damages arising out of any claims, demands, or other proceedings brought by a third party against the Promoter arising or resulting from any breach, or alleged breach, by Entrant of its warranties in this section 9 or any other declaration made by Entrant to Promoter in these terms and conditions.
12. The Promoter and their agents accept no responsibility for difficulties experienced in submitting or lost entries to this promotion due to the Internet or otherwise.
13. This promotion and these terms are governed by English law and subject to the exclusive jurisdiction of the English Courts.
14. Entrants are deemed to have accepted these terms and conditions by participating in this competition.
15. All Entrants must supply full details as required above and comply with all terms and conditions be eligible for the prize. No responsibility is accepted for ineligible entries or entries made fraudulently.
16. No person who is not a party to these terms and conditions may enforce any term of it and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply.
17. If any provision in these terms and conditions is declared void or unenforceable by any court or other body of competent jurisdiction, or is otherwise rendered so by any applicable law, that provision shall to extent of such invalidity or unenforceability be deemed severable and all other provisions of these terms and conditions not affected by such invalidity or unenforceability shall remain in full force and effect.
18. The Promoter shall be entitled to assign the benefit of these terms and conditions in whole or in part to any third party and in the event of any such assignment Entrant hereby undertakes to fulfil Entrant’s obligations hereunder pursuant thereto.
19. Entrant shall do all things and execute at the request of the Promoter all documents as the Promoter may require to vest in and further assure the rights granted by Entrant to the Promoter under these terms and conditions.
20. Promoter will only use your personal details for the purposes of administering this competition and will not provide them to any other organisation without your permission.
Promoter: Greedy Book Limited, PO Box 67129, London, SW11 9ES.