1.1 The terms and conditions (the “Terms”) set out below will govern your use of betterRetailing.com (the “Site”). The Site is owned and operated by Newtrade Media Limited, a company incorporated in England (registration number 09338494) and with our registered office at 11 Angel Gate City Road, London, EC1V 2SD. Also referred to as “betterRetailing.com”, “betterRetailing”, “bR”, “Newtrade Media”, “Newtrade”, “Us”, “We” or “Our”. Newtrade specifically reserves all rights to limit provision of Our products and services to select persons, countries or geographic regions.
1.2 Please read these Terms carefully. By continuing to access and use the Site you are deemed to have understood and agreed to them. If you do not agree to them you must refrain from using this Site and any services available through it.
2.1 This Site contains information, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks and information about Newtrade and its partners and on the products and services it and they provide (the “Information”).
2.2 The Site, Information and Content (as described below) is provided “as is” and on an “as available” basis only, and Newtrade does not give any representation, warranty, condition or other term as to its accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any of the Content or Information. Newtrade has tried to ensure that all the Information provided on the Site is correct at the time of publication. However, no responsibility is accepted by or on behalf of Newtrade for any errors, omissions, or inaccurate Information or Content on the Site. Further, Newtrade does not warrant that the Site will be uninterrupted or error free or that any defects will be corrected.
2.3 Newtrade accepts no liability for the results of any action taken on the basis of the Information or Content and all implied warranties, conditions and other terms including but not limited to the implied warranties, conditions or terms of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. We do not attempt to exclude any rights you may otherwise have as a consumer that We cannot exclude as a matter of law.
2.4 Newtrade nor any of its directors, employees or other representatives will not be liable for any loss you suffer including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Site.
2.5 You accept that after you leave this Site (whether knowingly or not) Newtrade can no longer be responsible in any way for any material that you encounter, and We exclude to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.
2.6 You indemnify and hold Newtrade and any of its officers, employees or agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Site, any provision or use of your Content and/or any breach of these Terms.
3.2 You are solely responsible for all use of, and for protecting the confidentiality of, your email verification and password. You must not share this information with any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding Our Site that comes to your attention. Additionally, you indemnify Us against any unauthorised use of your User details, including use by a third-party where you have allowed or facilitated access.
3.3 You undertake to register as a User using accurate, complete and current information and to maintain and update any changes to that information.
3.4 You acknowledge that permission to become a User is granted at the sole discretion of Newtrade Media and such permission may be withdrawn at any time without notice.
4. Trade Communications
4.1 By registering with betterRetailing.com you agree to receive regular updates from us in the form of our Newsletters: you will have the right to opt out of this service at any time
4.2 You also agree that from time to time we may send you information from our registered partners: again, you will have the right to object to this at any time
5.1 Websites or web pages to which this Site is linked are for information purposes and have not been reviewed by Newtrade. To the extent that such websites or web pages do not contain information about Newtrade, our Products and services, we accept no responsibility for the content of such Sites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which this Site is linked.
5.2 When you access a website, through a link from the Site, you accept that it is independent from the Site and that Newtrade has no control over the content of the linked third-party website. Accordingly, a link to a website does not mean that Newtrade endorses or accepts any duty or responsibility for the content, accuracy or the use of the contents of such website. The content on third-party websites may change without notice to Newtrade. You should take precautions to insure protection of your privacy as well as to insure against Destructive Features (as described below).
6. Computer Viruses, Worms and Trojan
6.1 Whilst we use reasonable endeavours to protect this Site (including Information and downloads) from computer viruses, worms, Trojans and other such destructive features (the “Destructive Features”), we do not warrant that the Site is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Site or via any files which are available for you to download from the Site. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
6.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site or any service made available through it and that it is compatible with the Site. We give no warranty, condition or other term that the Information is compatible with all computer systems and browsers.
7. Intellectual Property Rights and Reproduction
7.1 Except as is otherwise indicated on the Site, Newtrade and/or its licensors own the copyright in all the Information featured on this Site and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trade marks, service marks and logos. You should not infer any affiliation, sponsorship or endorsement from the use of third-party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their owners. Nothing in this Site is intended to grant, by implication or otherwise, any license or right under any
patent, trade mark or other intellectual property owned by Newtrade or any licensor or third-party.
7.2 You are permitted to download, print, store temporarily, retrieve and display Information from the Site for your own personal use subject to these Terms and only on the following basis:
- You may, for your personal use only, save for your own hard drive and print extracts from this Site as are reasonably necessary for such personal use;
- You may further reproduce any copies of any material downloaded or copied by you from this Site for use by any third-party or distribute the same to any third-party provided that:-
- it is not for any commercial purposes or for a fee;
- you acknowledge the Newtrade Site as the source of the material, including, without limitation of the foregoing generality, by including such acknowledgement and the domain name www.betterretailing.com in the reproduced material;
- you ensure that the Newtrade copyright notice and these Terms appear in all such reproduced material and that you inform any third-party to whom such material is distributed that such terms and conditions shall apply to them and that they must comply with them;
- any reproduced material is copied in unmodified form.
7.3 You are not permitted (except where we have given you express permission to do so or you are otherwise permitted to do so by law) to adapt, modify, copy, reproduce, distribute, republish, disassemble, decompile, reverse engineer, create derivative works from, download, post, broadcast, transmit or re-transmit in any other way any of the Information on the Site.
8. Your Further Use of this Site
8.1 You further agree not to use any Information on the Site except to the extent necessary to enable you to use the Site and the services provided through it. You shall not use the Site for any immoral or illegal purpose. In particular you agree that you will not:
- upload any files that contain any Destructive Features; or
- in any way damage, disable or impair the operation of the Site, or attempt to gain unauthorised access to the Site or to network connected to it, by hacking, spoofing or other such similar means.
- post SPAM or irrelevant information in the comment sections
- engage in derogatory or inflammatory behaviour towards other commentators (no trolling please)
Offending comments will be removed and repeat offenders may be blocked
9. Free Prize Draws and Competitions
9.1 If you are invited on this Site to enter any prize draw or competition, entry is subject to these Terms which must be read in conjunction with the general and specific terms and conditions that apply to that particular prize draw or competition and which will be deemed to be incorporated into these Terms. In the event of any conflict between these Terms and the Promotion Terms, then the latter shall prevail.
10.1 We may require basic information which identifies you as an individual, such as your name and email address, in order to enable you to take advantage of our services. We will only use such personal information for the purposes of providing information or services which you have requested or for other related purposes as set out in our Privacy & Cookies Policies. The Privacy & Cookies Policies form part of these Terms.
11. Complaints or Queries
11.1 In the event that you have any complaints or queries concerning our services, Subscriptions, Products or Tickets or about this Site generally, please contact us by email at betterRetailing@newtrade.co.uk or by post at Newtrade, 11 Angel Gate, 326 City Road, London, EC1V 2SD.
12. Changes to the Terms
12.1 Newtrade reserves the right, at its discretion, to make changes to any part of this Site, the Information or these Terms. Should these Terms be amended, we will publish details of the amendments on the Site. It is your responsibility to refer to and comply with these Terms on accessing this Site. Failure to comply may lead to action being taken against you. By continuing to use the Site after we have published the notification you agree to be bound by these Terms as amended.
13. Severability and Waiver
13.1 If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
13.2 If you breach these Terms and We take no action against you, We will still be entitled to enforce Our rights against you in relation to that breach and to use Our rights and remedies in any other situation where you breach these Terms.
14. Events Beyond our Control
14.1 Newtrade will not be responsible for any breach of these Terms (including in relation to supplying any Product or Subscription) caused by circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism or technical difficulties.
15.1 Certain files of Information may be available for download from the Site. These files of Information are subject to these Terms.
16. Third Party Rights
16.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms has no statutory or other right to enforce them, to the extent that any such right can be lawfully excluded.
17. Entire Agreement
17.1 Except for in the case of fraud, these Terms constitute the entire agreement between you and Newtrade Media in relation to the subject matter.
18. Governing Law
18.1 These Terms are subject to English law and to the exclusive jurisdiction of the English courts.