These are the terms and conditions of use for www.rocomag.com (Site). The Site is operated by ROCO Magazine. Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 31st July 2013.
In accordance with the following user terms ('User Terms'), ROCO grants you as an authorised user ('User' or 'you') of this website (the 'Site') certain rights (as set out below) and in return you agree to perform certain obligations. These User Terms form a binding contract between you and ROCO. By using this Website, you therefore confirm that you are 18 years old or more, or if you are under 18 years old that you are 13 years of age or more and have received your parent's or guardian's consent to enter into these User Terms.
Please read these User Terms carefully before using the Site. By using the Site, you are deemed to have accepted these User Terms. These User Terms apply whatever method you have used to access the Site, including but not limited to the web, digital television services and mobile phone. If you do not agree to any part of these User Terms you should stop accessing this Site and navigate away from it.
ACCESS TO THE SITE / CONTENT
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site (including taking necessary steps to ensure you use up to date anti-virus software).
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
Any commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Some services on the Site may be restricted to users that have registered their details with us and created an account. If you decide to register for one of these services you agree:
We may cancel your account at anytime if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms.
USE OF THE WEBSITE
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content (Material) of the Site (including but not limited to text, graphics, software, photographs and other images, videos, sound, trade marks, logos, documentation, articles, advertising material and other material published on the Site) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
SUBMISSION OF MATERIAL ON THE SITE
You agree that any Material submitted by you for publication on the Site, including but not limited to any Material sent via Forums, chat services, feedback, bulletin boards, blogs or articles or any other Material submitted for publication on the Site or in using any of the Site services is done so on the following terms:
We do not control the material submitted to Forums and Blogs (collectively Postings), all Postings express the views of their respective authors, and not our views. We are under no obligation to oversee, monitor or moderate any Forums and Blogs we provide on the Site, and we expressly exclude our liability for loss or damage arising from the use of any Forum or Blog by a user in contravention of these terms and conditions, whether the Forum or Blog is moderated or not.
YOUR PERSONAL INFORMATION
PURCHASING OF SERVICES THROUGH THE SITE
The Site may offer you the opportunity to purchase services. Some of these goods and services will be provided directly by us (and we shall notify you in each instance where we are the seller). In such cases the legal contract for the provision of these goods and services will therefore be made directly between you and ROCO. Other cases may be by external links by a third party in which you should refer to the clause below.
For services sold directly by ROCO, for example digital downloads of magazines, and/or access to online 'paid for content'. It is important to know that by placing and order through the Site, you warrant and confirm that you are legally capable of entering into binding contracts and you are at least 18 years old. If under 18 years old you must ensure that a parent or guardian purchases the services on your behalf.
After you place an order for services, the contract between ROCO and you will only be formed when we make the digital content available to you for download or access, and ROCO has received payment in full from you. ROCO reserves the right, at its sole discretion to reject any orders it receives.
PURCHASING GOODS OR SERVICES THROUGH EXTRNAL LINKS
The Site may, from time to time, include links to external sites. We have included links to these sites to provide you with the opportunity to view, and if you so decide, order products and/or services displayed on the Site directly from the relevant third party retailer, manufacturer or stockist.
We cannot and do not guarantee that any item, of product displayed or featured on the Site is in stock or otherwise available for order from the relevant third party.
At no time whatsoever do we purport or represent to be the retailer or supplier of any item or product displayed or featured on the Site. Any contract you enter into for the purchase or supply of anything displayed or featured on our Site shall be with the relevant retailer, manufacturer or stockist responsible for the external link you will be directed to from the Site and will be subject to their terms and conditions. We shall in no way be responsible for such contract.
We are not responsible for the content of links to external sites. In particular we cannot and do not guarantee that any content of external sites will be free from viruses and/or other code that may have contaminating or destructive elements or that they will be continuously available.
The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
We warrant to you that services purchased from ROCO shall be of a satisfactory quality and reasonably fit for purpose for which products of the kind are commonly supplied. However our total liability to you for any breach of this warranty shall be limited to the purchase price of the service only.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these User Terms and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question.
Notwithstanding the foregoing, nothing in these User Terms is intended to limit any rights you might have as a consumer under applicable UK law, including the Consumer Protection (Distance Selling) Regulations 2000 or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We will not be liable to you if we are prevented or delayed from complying with our obligations under the User Terms by anything you do (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
The liability of any third party seller shall be as set out in their own terms and conditions with you.
If you are a consumer and not a business user, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you [are a consumer and not a business user and] live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
We may run competitions and promotions on the Site from time to time. In addition to these User Terms, such competitions and promotions shall be subject to their own Terms and Conditions notified to you at the time.
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to firstname.lastname@example.org or write to us at: ROCO Magazine, Mullaghmore House, Barn Loft, 94 Old Mountfiled Road. Omagh. Co. Tyrone. UK. BT79 7EX