TERMS & CONDITIONS
THE SITE HAS BEEN CREATED SPECIFICALLY FOR THE PURPOSES OF CONDUCTING AN ONLINE AUCTION IN AID OF THE PRS FOR MUSIC MEMBERS BENEVOLENT FUND REGISTERED CHARITY NO. 208671 ("THE ONLINE AUCTION"), TO WHICH ADDITIONAL TERMS AND CONDITIONS ARE APPLICABLE.
OPERATOR OF THIS SITE
This Site is operated by The PRS for Music Members Benevolent Fund ("the Charity") of Copyright House, 29-33 Berners Street, London W1T 3AB, United Kingdom, a registered charity number 208671.
BINDING AGREEMENT AND AMENDMENTS TO THE USER TERMS
By agreeing to be bound by the User Terms, you are entering into a legally binding contract between yourself and the Charity.
The information, data, graphics, pictures, logos, brand features and other content provided on this Site ("Content") are only provided as general information and not as professional advice (or as a substitute for such advice). The Content should not be relied upon to address specific business or personal requirements.
The Charity neither warrants nor represents that this Site or the Content meets any requirements of functionality, accuracy, availability, completeness or fitness for a particular purpose. Except to the extent expressly stated, the Charity assumes no responsibility for your use of this Site or the Content, and all warranties, terms or conditions in respect of your use of this Site and the Content are hereby disclaimed to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law, the Charity, on behalf of itself and for each of its trustees, officers, employees, agents, suppliers and contractors, excludes liability for any losses and expenses of whatever nature, including (without limitation) any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if the Charity, or any of its trustees, officers, employees, agents, suppliers or contractors, have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any web site with which it is linked or the Content.
Your use of this site
All rights (such as copyright, database rights, and other intellectual property rights) in the Content are owned by of the Charity or their licensors (as applicable). You may copy Content to your hard disk and print such Content for your personal, non-commercial use only or to the extent that you need to so in order to be able to use a specific service being offered by the Charity on this Site such as the Online Auction. You may not otherwise copy, make available, transmit, adapt, distribute, sell or publish any Content without the prior consent of (as applicable) of the Charity or its licensors.
This Site includes a number of registered names, registered and unregistered trade marks, business names and logos of the Charity and other organisations ("Trademarks"). By making these Trademarks available on this Site, neither the Charity nor those other organisations are granting you any right or licence to use or amend any of them.
You may only use this Site and the services made available on it for their intended purposes and in accordance with applicable law. You must also comply with any additional terms and conditions where these are provided in relation to any service appearing on this Site ("Additional Terms"), including the Online Auction. Accordingly, you should review the Additional Terms, including any such Terms relating to the Online Auction in addition to these Terms and Conditions. Where any user names, passwords, log-in details and other secure access are given to you in order to access or use any services offered by the Charity or on any part of the Site, you will keep such information secure at all times and treat it as strictly confidential. You must notify the Charity in the event that such information is revealed to or accessed by anyone else or where you become aware of a breach of confidentiality or any unauthorised use of this Site.
Where the Charity suspects or has reason to believe there has been a breach of the User Terms or any Additional Terms or that any Trademarks or intellectual property rights have been infringed, your access to this Site may be suspended or terminated by the Charity at any time with or without notice. The Charity also reserves the right to generally add, remove or amend the Content or modify or terminate any services offered on this Site at any given time in the future with or without notice.
This Site may contain links to third party web sites which are not owned or under the control of the Charity. These links are made available solely for your convenience and the Charity neither endorses nor shall be responsible for the material on such third party sites or for your use of such websites.
In relation to this Site, you are not permitted to create a frame or any other browser or border environment around this Site. The Charity reserves the right to reasonably object to any link created by you to any part of this Site (other than to the home page).
This Site is provided in England and these User Terms are governed by and shall be construed in accordance with English law. You agree to submit to the exclusive jurisdiction of the English Courts where any dispute arises in relation to use of this Site or the Content. The Charity retains the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, where these User Terms are entered into in the course of your business or profession, the country of your principal place of business.
Copyright © The Trustees of the PRS for Music Members Benevolent Fund (and its licensors) 2009.
IF YOU DO NOT AGREE WITH THE USER TERMS OR TO YOUR PERSONAL DATA BEING PROCESSED AS SET OUT BELOW, DO NOT USE THIS SITE.
BINDING AGREEMENT AND AMENDMENTS TO THE USER TERMS
USE OF YOUR PERSONAL DATA
The Site is operated by the PRS for Music Members Benevolent Fund, registered charity number 208671), which in relation to any Personal Data provided by you when using this Site is the Data Controller for the purposes of the Data Protection Act 1998.
When Personal Data is submitted by you to the Charity using this Site (for example, but without limitation, by utilising the contact details on this Site to contact the Charity and/or toe participate in the Online Auction), you acknowledge and agree that the Charity to whom you submit such Personal Data may collect, store and process such Personal Data (which may include transferring it to relevant third parties) for the following purposes:
to deal with an enquiry submitted by you and to send you information in response thereto
to deal with you regarding any transactions conducted through the Site relating to the Online Auction;
to analyse usage patterns of the Site in order to evaluate ways to improve the Site;
to use such Personal Data in the manner set out in the section below headed "WITH WHOM IS YOUR PERSONAL DATA SHARED";
WITH WHOM IS YOUR PERSONAL DATA SHARED
When Personal Data is submitted by you to the Charity using this Site, you acknowledge and agree that the Charity may share your Personal Data:
- with third party suppliers and contractors (such as website hosting companies [DES ] and credit card / payment processors) for the purpose of providing you with access to Site, the Content and any services available on the Site, including the Online Auction and participation therein;
- with relevant third parties when required by applicable law (such as when the Fund respond to subpoenas, court orders or legal process); and
- with relevant third parties when the Charity believe it reasonably necessary in order to investigate, prevent, or take action regarding illegal or improper activities, suspected fraud, potential threats to the rights, property or safety of the Fund or users of the Site, or any actual or suspected violation of the User Terms or Additional Terms, wherever such persons and entities are located in the world.
Please note that the Charity may collect non-Personal Data about you, such as the type of internet browsers you use or the internet website from which you linked to the Site. You cannot be identified from this information and it is only used by the Fund to assist in providing an effective service on this Site. [This information (together with Personal Data that has been aggregated with other information so that you are no longer identifiable from it) may be supplied by the Fund to prospective partners, advertisers and other reputable third parties, but on an aggregated and anonymous basis (ie with no personally identifying information).]
As noted above, the Charity may transfer your Personal Data to locations outside of the European Economic Area (EEA). Please be aware that the laws of most countries outside the European Economic Area are generally not regarded as providing the same level of protection for Personal Information as those of countries making up the European Economic Area (ie such countries' laws are generally not regarded as providing "adequate" data protection as contemplated under Article 25 of the European Union's Data Protection Directive (95/46/EC)).
YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA
You have a legal right to a copy, from the Charity, of all the Personal Data about you held by that Charity. You also have a right to correct any errors in that information.
If you have any enquiries or issues in relation to use of your Personal Data by the Charity please contact:
The PRS for Music Members Benevolent Fund
29/33 Berners Street,
London W1 3AB
Please note that the Charity reserves the right to request that any enquires or data protection access requests are submitted in writing (together with the applicable administration fee) and that satisfactory evidence of identity may be required before such request is dealt with.
ADDITIONAL TERMS AND CONDITIONS – ONLINE AUCTION IN AID OF THE PRS for Music MEMBERS BENEVOLENT FUND (Reg. charity number 208671) ("the Auction")
- These Additional Terms and Conditions govern the sale and supply of goods by online auction by the PRS for Music Members Benevolent Fund to you ("the Charity"). Each winning bid placed by you and accepted by the Charity will constitute a contract between you and the PRS for Music Members Benevolent Fund in accordance with these Terms and Conditions to the exclusion of all other terms and conditions.
- The Auction is open until 21:00 hours on November 1st 2009 ("the Auction Period"). During the Auction Period you may bid for any item for which bids are invited. The Charity may withdraw an item from the Auction at any time before the expiry of the Auction Period. Bids may only be submitted online in accordance with the How to Bid section of the Site. You may withdraw or amend your bid at any time during the Auction Period.
- By making a bid you also agree that in the event that the Charity accepts your bid to arrange at your own expense for collection or delivery of the items in question and any insurance cover for such items.
- Acceptance of Auction Bid
All goods are subject to availability and an auction bid will not constitute an agreement on the part of the Charity to sell goods to you unless and until it is accepted by us. You will be notified of our acceptance as soon as reasonably possible after the expiry of the Auction Period. Where the Charity has placed an item in the auction at a reserve price and no bids equal to or in excess of such price are received, the Charity shall not be obligated to accept any bid in relation to that item.
Title to any goods in respect of which the Charity has accepted a bid will pass on receipt of payment from the successful bidder. For the avoidance of doubt, any intellectual property rights relating to the goods (e.g. trademarks, copyrights) are reserved to the owners of such rights and save only to the extent that such rights are expressly granted, continue to be so reserved notwithstanding any transfer of title to the item in which such rights subsist or to which such rights are attached.
The Charity will notify you in the confirmation of your winning bid of the approximate date of delivery of the goods which will be made to the address shown in your registration. Unless we are notified by email or otherwise in writing within 7 days of the date of delivery of the goods they will be deemed to have been received by you undamaged and in good order.
We give you the warranty that all the goods will, in all material respects, comply with the description given of them on the Site. Except for the foregoing warranty, all other warranties, terms or conditions are hereby disclaimed to the fullest extent permitted by law.
- General Provision
If any provision of these Additional Terms shall become illegal or unenforceable for any reason whatsoever then these Additional Terms shall take effect as if such provision had been omitted and the remainder of them and your use of the Site, including your participation in the Online Auction and any contract formed between you and the Charity pursuant to such Auction are governed by English law and you submit to the non exclusive jurisdiction of the English courts.
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
All notices shall be given to us:
And to you at either the e-mail or the postal address you provided on your registration form.
Notice will be deemed received when an e-mail is received in full (or on the next business day if it is received on a weekend or during a public holiday) or 3 business days after the date of posting if to or from an address in the UK, or 7 business days after the date of posting if to or from and address outside of the UK.