Terms and Conditions for users of this website
1. Introduction
The purpose of this website is to enable a visitor to obtain information about local
events, services and news via our comprehensive “thebestof” central
guide. The following terms and conditions relating to the use of the site are
intended to reflect this on a common sense basis. All visitors to this site agree
to be bound by these conditions and by any subsequent variation or amendment to
them.
References below to “subsidiary sites” are to the sites maintained by
authorised franchisees trading under the style “thebestof” in
the particular areas described within those sites, all of which are linked into
this site.
In the event that visitors to this site and the subsidiary sites wish to obtain
further information about the nature of thebestof and the franchise opportunities
that it offers they will find further relevant information upon our parallel site
www.getthebestof.co.uk.
2. Copyright and Intellectual Property
thebestof is a trade mark owned by N5 Limited, a UK limited company whose
registered office is at Unit 5 Olton Bridge, 245 Warwick Road, Solihull B92 7AH, UK company registered
number is 4590601. Save for content submitted by advertisers or made available for access via the subsidiary
sites, the copyright in all written material, design, text and graphics made available
upon or portrayed by this site and the subsidiary sites is owned by N5 Limited.
Nothing contained within these conditions or elsewhere upon this site and the subsidiary
sites confers or may be taken to confer any licence upon a visitor in respect of
these intellectual property rights. In the event that a visitor is proved to have
infringed any of these intellectual property rights, N5 will seek to recover all
loss and damage arising therefrom together with all costs associated with such recovery.
3. Permitted Use
N5 Limited does not seek to control or influence the use by visitors to this site
and the subsidiary sites of any material appearing upon those. In particular any
subsequent contact that a visitor makes with an advertiser upon this site and the
subsidiary sites, and any subsequent trading or other activity or interaction following
from this, is the sole choice and responsibility of the visitor. Subject to the
above, visitors to this site and the subsidiary sites must refrain from any infringement
of advertisers’ copyright or of any related intellectual property rights and
from any misuse of whatsoever nature of material submitted to those sites by advertisers
and other contributors. In the event that N5 Limited suffers any loss and damage
consequent upon a failure by a visitor to observe these provisions, it will seek
to recover such loss and damage in full.
4. Disclaimer
Neither N5 Limited nor any company or individual associated with it (including but
not limited to its directors, shareholders and employees and its franchisees under
the trading style “thebestof”) shall be liable for any loss or
damage incurred by any visitor to this site and the subsidiary sites, whether arising
from access to the site contents, use of any of the material contained upon those
sites, temporary or permanent unavailability of the whole or any part of those sites,
or otherwise. In particular it is the exclusive responsibility of visitors to this
site and the subsidiary sites to satisfy themselves in every respect as to advertisers
upon those sites and the quality and nature of any goods or services provided by
such advertisers.
5. Change to Site Contents
N5 Limited and its franchisees reserve the right at all times to make any change
to the contents of this site and the subsidiary sites and to these terms and conditions.
It is the responsibility of all visitors to this site and the subsidiary sites to
ensure that they are fully aware of the most up to date version of the site contents
and of these terms before entering into any commitment in reliance in whole or in
part upon the site contents or these terms.
6. Submission of Material to this Site
No material may be submitted via this site or the subsidiary sites to N5 Limited
or its franchisees or to any of its advertisers on those sites or registered users, whether via their
forums or otherwise, which is in any way in breach of any legislation or the legal
rights of any third party, knowingly inaccurate, threatening or offensive, or calculated
or likely to interfere with the proper functioning of those sites. Any breach of
this provision will render the party in breach liable to indemnify N5 Limited and
its franchisees against any damages, claims, costs or other liabilities that it
may suffer or incur as a result (whether directly or indirectly) of such breach.
7. Governing Law and Jurisdiction
These conditions shall be governed by and construed in accordance with the law of
England and Wales. Any dispute arising hereunder shall fall exclusively within the
jurisdiction of the courts of England and Wales.
7.
Thebestof Games
By playing thebestof games you are eligible for entry into the Games Local and
National prize competitions, you agree to the following Terms and Conditions.
N5 Ltd reserves the right to modify these Terms and Conditions, at any time or
without prior notice.
Below are the rules ("Official Rules") that apply to all N5 Ltd competitions and
draws.
Rules for competitions and prize draws featured or promoted on thebestof.co.uk
but which require registration for entry on a 3rd party site are not governed by
these official rules.
Definitions
- "thebestof.co.uk Member" means an individual who has registered as a member of
thebestof.co.uk using valid information. Members must be and individual,
aged 18 or over and based in the UK.
- "the Site" means thebestof.co.uk and all sub domains
- "Site Owner" means a Franchisee of N5 Ltd, running a local site
(thebestof.co.uk/solihull)
- "Prize Draw" means any prize draw managed and promoted by N5 Ltd and offered on
thebestof.co.uk site.
- "Published Review" means a revie of any business that is featured on
thebestof.co.uk site that has been posted, moderated and published on the site,
which has been posted to the Site Owner.
Entering
- Individual start and end dates for the prizes are featured on the pages where
the specific prize is offered.
- You are eligible to enter the prize draw if you are:
- a UK citizen or a legal resident of the UK;
- at least 18 years old at the time of entry;
- not an employee or director of N5 Ltd;
- a real person - the use of any device to alter your odds winning will
automatically disqualify you;
- a thebestof.co.uk Member at the time of the draw. Should you choose to
cancel your membership you will no longer be eligible for draws from the date of
cancellation.
- No purchase is necessary. Membership of thebestof.co.uk is free and
requires that users submit some basic registration information, including name,
local town and email address. Users must confirm their thebestof.co.uk
member registration by clicking on teh confirm membership link in the
confirmation email delivered to the email address provided during the
registration process.
- By becoming a thebestof.co.uk Member individuals unconditionally agree to accept
and be boudn by all terms of these Official Rules, any additional terms and
conditions, and the decisions of N5 Ltd.
- N5 Ltd is not responsible for and shall not be liabel for:
- any failures, delays or difficulties a Member may have in playing and saving
their game results, including, but not limited to; electronic, hardware,
network, internet, or other computer malfunctions
- prize deliveries attempted but not received and entries received
damaged, illegible, incomplete, late, misdirected, or unintelligible
- All entries must
be submitted in the name of an individual person and the prize can only be
awarded to the person whose name is on the winning score.
- Participants may
not enter using multiple email addresses or as multiple participants. Any
participant who attempts to enter with multiple email addresses or under
multiple identities, or uses any other device judged by N5 Ltd to create
multiple entries will be disqualified at the sole discretion of N5 Ltd.
- N5 Ltd reserves
the right to cancel or suspend any thebestof.co.uk prize should bugs, viruses,
illicit human intervention, or other causes beyond the control of N5 Ltd, in its
sole opinion, corrupt the security, fairness, integrity, administration, or
proper operation of the prize draws or for any other reason.
- In the event of
cancellation, N5 Ltd may elect to award the prize to a winner from among all participants who had validly entered the prize draws at the time
of such cancellation.
Winning
- Winners of the
game will be confirmed by a director of N5 Ltd (the "Judge") within fourteen
(14) days of the published end date of the prize draw.
- The Winner must
have completed all games within the specific time period for the specific prize
allocation. Any scores recorded outside of the time period will not be included
in the total score.
- The winners will
be notified by email within twenty one (21) working days of the drawing and must meet
all eligibility requirements.
- A Winner of a
National or Local Prize shall not be eligible to win future National or Local
prizes.
- In the event
that:
- any prize or prize notification is returned as undeliverable
- the winner declines or fails to properly claim his or her prize
within seven (7) days of notification
then that winner may be disqualified at N5 Ltd's sole discretion and an
alternate winner may be drawn.
- The decisions of the judge will be final
- N5 Ltd may require winners to prove that they are the authorised account holders
of the email addresses used to enter the contest. "Authorised account
holder" is defined as the person who is assigned an email address by an Internet
Service Provider or other organization (e.g. business, educational institution,
etc.) that is resposible for assigning email addresses for the domain associated
with the email address.
- Any winner who does not comply with the Official Rules will be disqualified.
N5 Ltd has no obligation to publish details of the disqualified winners on
thebestof.co.uk.
- Winners will be included on the 'Winners' page following receipt of
confirmation. Each winner's full name may be shown.
- Winners may be requested to take part in promotional activities.
Prizes
- Prizes are non-transferable.
- Prizes will be delivered to the home addresses of the prize winners, unless
otherwise stated.
Your Data
- All information or data you provide on thebestof.co.uk will be managed by N5 Ltd
- If Members are found to be using automated services or scripts to access
thebestof.co.uk, the Member's entries into the prize draw will be forfeited and
their account may be deleted at the sole discretion of N5 Ltd.
Winners List
For a copy of the Winner's List, send a self-address, stamped envelope to the
following address upon completion of the prize draw;
Thebestof Games Manager
N5 Ltd
5 Olton Bridge
245 Warwick Road
Solihull
B92 7AH
14 Days of Love (“14 DOL”)
Prize Draw terms and conditions
-
This prize draw is open to UK, Northern Ireland, Channel Islands, The Isle of Man and Republic of Ireland residents aged 18 and over, who are registered members of thebestof on the date which the prize draw closes.
-
The 14 DOL prizes are not open to any employees or franchisees of N5 Ltd, their families, agents or anyone else connected with this promotion. No third party entries, bulk entries or entries submitted by agents will be accepted.
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No purchase is necessary for entry. Membership of thebestof is free.
-
All testimonials placed on the local thebestof site before midnight on each day (1st Feb – 14th Feb) will count towards that daily prize draw. Every testimonial written will count as an entry into the draw for that day and on all successive days until 14th February 2012.
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The winner will be selected at random from all eligible entries received by the closing time and date for entries.
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The daily prize winners will be published on the thebestof website and each winner will be notified within 24 hrs of the Draw taking place, by email.
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All prizes must be claimed by 28th February 2012.
-
If the winner does not claim their prize by 28th February 2011 the prize shall be forfeited. N5 will not be responsible for any inability of the prize winner/s to take up the specified prize.
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Unless otherwise stated, where the prize requires attendance at a specific venue, the winner and any permitted companions will be solely responsible for travel to and from the venue. In such cases N5 will not be liable for any change of date or venue or cancellation of the event.
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The winner/s may be required to participate in publicity connected with this promotion. The winner’s details will be made available on www.thebestof.co.uk website.
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The names of the winners may be obtained by sending a stamped self-addressed envelope detailing your request and including the name of the applicable draw to:
N5 Ltd, Unit 3, Olton Bridge, 245 Warwick Road, Solihull, B92 7AH
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N5 reserves the right to provide a substitute prize of similar value should the specified prize become unavailable for reasons beyond its control.
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Prizes are not transferable and there is no cash alternative.
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N5 accepts no responsibility for incorrectly completed, lost or delayed entries, notices, acceptances, or other documents related to the prize.
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The promoter's decision is final and no correspondence will be entered into. This promotion is governed by English Law. The promoter is N5 Ltd, 3 Olton Bridge, 245 Warwick Road, Solihull, B92 7AH.
Terms Of Submitting Testimonials
These rules set out the terms of use for submitting Testimonials of businesses, services or places which appear on The Best Of web site or its subsidiary sites. Any submission of a Testimonial by you confirms your acceptance of the terms and conditions below.
1. Moderation
The Testimonials section of our web site is fully moderated. Every Testimonial submitted will be checked by us for compliance with our Content Standards before it is published. We will try to publish as many Testimonials as we can but we cannot guarantee that all Testimonials will be published. We also cannot guarantee how quickly Testimonials will be posted as this will depend on other editorial commitments.
Although the Testimonials are fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Testimonials or any other service we provide on our web site and we may stop moderating the Testimonials section at any time. We reserve the right to not publish any Testimonial which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of our Content Standards or any third party rights.
2. Submission Of Testimonials
To add a Testimonial, please register on the website and follow the simple steps to submit your Testimonial.
You agree that your first name and the first letter of your surname (e.g. ClaireT or JasonD) will be used to identify your Testimonial when published. All information you provide will be kept strictly in accordance with our Privacy Policy
3. Content Standards
These Content Standards apply to your Testimonial. The Content Standards must be complied with in spirit as well as to the letter. We will determine, at our sole discretion, whether a Testimonial breaches our Content Standards. We reserve the right not to publish Testimonials, to amend content or remove Testimonials at any time from our web site without notice. Publication of Testimonials does not mean that we agree with or endorse any opinion or advice expressed.
Your Testimonial must:
- 1) Be accurate (where it states facts), truthful and be genuinely held (where it states opinions).
- 2) Comply with the law applicable in England and Wales and in any country from which it is posted.
- 3) Be relevant, constructive and helpful to other users of the site and be from your own genuine personal experiences.
Feel free to explain any negative experiences, but your Testimonial will not be posted if we deem it to be in breach of these conditions.
You agree that your Testimonial will not:
- 1) Be defamatory of any person; obscene; offensive; hateful or inflammatory.
- 2) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- 3) Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
- 3) Infringe any copyright, database right or trade mark of any other person.
- 4) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or be in contempt of court.
- 5) Be likely to harass, upset, embarrass, alarm or annoy any other person. Your Testimonial should be of the business not the individuals involved.
- 6) Impersonate any person, or misrepresent your identity or affiliation with any person.
- 7) Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- 8) Contain any advertising or promote any services or web links to other sites.
4. Disclaimer
You understand and acknowledge that information posted or transmitted by reviewers is the sole responsibility of the person from which such material originated.
The Best Of shall not in any way be held responsible or liable for reliance by users on any information that is obtained from a Testimonial. We do not warrant the completeness or accuracy of the content, information or usefulness for any particular purpose.
5. Indemnity
You shall remain solely liable for the content of any Testimonial you submit. You agree to indemnify, defend, and hold harmless The Best Of, and its parent, affiliates, directors, officers and employees from and against any claim, liability, cost, damage other expenses or loss we may incur (including, without limitation, legal fees) as a result of any material you post in a Testimonial or any violation by you of your obligations under these terms and conditions.
6. Copyright
By submitting a Testimonial, you agree to grant The Best Of a non-exclusive licence to use that Testimonial and the unrestricted right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Testimonial for any purpose, commercial or otherwise, as we see fit, without acknowledgement or compensation to you. This licence will be free of charge, perpetual and capable of sub-licence. The Best Of may exercise all copyright and publicity rights in the material contained in your Testimonial in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
7. Complaints
If you wish to complain about any Testimonial, please contact us at moderator@thebestof.co.uk. We will then re-examine the Testimonial and decide whether it complies with our Content Standards. We will deal with any Testimonial which, in our opinion, violates our Content Standards and will remove any offending content and take such action as we deem appropriate. We will inform you of the outcome of our Testimonial within a reasonable time of receiving your complaint.
8. Changes To These Terms And Conditions
We may revise these terms and conditions at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
9. Law And Jurisdiction
These terms and conditions shall be governed by English Law.
Privacy Policy
At thebestof we know that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly.
This notice describes the privacy policy of thebestof.co.uk.
By visiting thebestof.co.uk, or becoming a member, you are accepting and consenting to the practices described in this Privacy Notice.
Controllers of Personal Information
Any personal information provided to or to be gathered by Thebestof.co.uk is controlled primarily by N5 Ltd, Unit 3, 245 Warwick Road, Solihull, B92 7AH.
What Personal Information About Members Does thebestof.co.uk Gather?
The information we learn from members helps us personalise and continually improve your experience at thebestof.co.uk.
We use the information to communicate with you about offers, products and services, update our records and generally maintain your accounts with us, display content such as wish lists and customer testimonials and recommend businesses and services that might be of interest to you.
Here are the types of information we gather.
- Information You Give Us:
- We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customising future offers for you, improving our Site and communicating with you.
- Automatic Information:
- We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your Web browser accesses thebestof.co.uk. A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a personalised experience at Thebestof.co.uk if we cannot recognise you, we want you to be aware that these tools exist.
- E-mail Communications:
- To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from thebestof.co.uk if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please let us know by amending your Profile on the Site.
What About Cookies?
Cookies are files that we transfer to your computer's hard drive through your web browser to enable our systems to recognise your browser and to provide features such as, personalised greetings.
The help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. However, because cookies allow you to take advantage of some of thebestof.co.uk's essential features, we recommend that you leave them turned on.
If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.
Does thebestof.co.uk share the Information it receives?
No. Information about our members is an important part of our business and we are not in the business of selling it to others.
Are Children Allowed become Members of thebestof.co.uk?
No. Members must be over 18 years of age.
Notices and Revisions
If you have any concern about privacy at Thebestof.co.uk, please e-mail us a thorough description and we will try to resolve the issue for you.
Our business changes constantly and our Privacy Notice and the Terms & Conditions will change also. You should check our website frequently to see recent changes