TERMS AND CONDITIONS OF USE
Consumer Rights (CR) is a Trading Name of The Consumer Partnership Limited; Company Number 12397695; whose registered offices are at Hanover Buildings, 11-13 Hanover Street, Liverpool, Merseyside, United Kingdom,L1 3DN.
These terms and conditions apply between you, the User of this Website http://www.consumer-rights.org/ (including any sub-domains, unless expressly excluded by their own terms and conditions), and CR, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by CR and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to CR and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
- Retailers: the third party suppliers that offer goods and services on the Website.
- Items: the goods and or services you purchase.
- Member: a person registered as using the CL Website
- Membership Fee: the fee charged to you on a yearly basis if you choose the upgraded package whether as a business or individual user of the CL Website.
- The Website: http://www.consumer-rights.org
- Upgraded Package: entitles the user to the full benefits of the CR program as detailed to on the Website.
- Content: means any content, design elements or advertising material that forms an Advertisement and includes text, layout, shading, colouration, images, audio, animation, video and links.
- “the Advertisement” means an advertisement or series of advertisements to be placed in the media.
- “The Member” means the business and/or individual named in the confirmation on whose behalf the Order is placed with Consumer Rights;
- “the Client” means the person, firm or company named in the confirmation deatailed on the Website application process and granted an order for the insertion of the Advertisement upon completion and payment in full where applicable for the order whether such person be the advertiser of the product or service promoted thereby or making the announcement therein (“The Member”) or the advertiser’s authorised advertising agency or media Client;
- “The Order” means the advertising insertion and or additional products granted to the Client upon fulfilment and payment in full and agreed in the order confirmation on the CL Website.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of CR, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
- print one copy of the Content
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of CR.
- You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
- You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify CR for all claims resulting from Content you supply.
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
- When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
- If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of CR or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that CR makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. CR is under no obligation to update information on the Website.
- Whilst CR uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- CR accepts no liability for any disruption or non-availability of the Website.
- CR reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Consumer Rights accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
Content Issues for Business users
- We shall have the right to decline, suspend or cease to publish any Advertisement or part of any Advertisement, or suspend any Service, immediately and without prior notice, where:
- An Advertisement provides an address (including a branch address) that is not a genuine trading address or otherwise includes inaccurate business and contact particulars;
- An Advertisement includes a competition which is in breach of relevant advertising, trading or consumer protection laws, regulations or standards;
- An Advertisement includes the personal data of any data subject without a clear lawful basis for processing under the Data Protection Legislation or where the data subject makes a complaint about their privacy rights being infringed contrary to the Data Protection Legislation;
- We consider the Content is or may be contrary to or infringes the Advertising Policy, the terms of any law, or the rights of any person;
- We consider the Content may subject us to a Claim, prosecution, criticism or embarrassment;
- We consider any Content (including a hyperlinked external website) or your use of the Services is or may be unlawful, misleading, offensive, prejudicial, inflammatory;
- You have failed to provide any information or document requested by us;
- You have notified us that the display of Content on our Service submitted with a CFSA Customer Declaration may constitute a breach of the Financial Services Regulatory Regime and you fail to provide suitably amended, and where relevant certified, Content within the time specified by us or where such notification has been given in insufficient time to enable us to process any amendment to the Content before the commencement of the publication period of an Advertisement as set out in the CFSA Customer Declaration;
- The Content does not comply with any rules or conditions from time to time applicable to third party services or External Element with which it shall be used including but not limited to Facebook and Google advertising; or
- We have reasonable grounds to believe that the owner or controller of IPR in Content used within the Advertisement has not granted, has withheld or withdrawn permission for such use.
- Suspension of your Advertisement or Service pursuant to this clause shall not relieve you of the obligation to pay the Charges in respect of the relevant Service. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.
- Where we have a right of termination or suspension arising from an issue relating to Content (“Content Issue”) we shall have the right but not the obligation to change the Content without prior notice as we deem necessary or convenient to remedy the Content Issue. We shall notify you of the change as soon as reasonably practicable.
Review Process and Amendments to Advertisements for Business users.
- If applicable once a first version of your Advertisement is ready we will notify you and the Advertisement will be made available for you to review for the Review Period during which you may request any amendments. Once any amendments are ready you will be notified and the amended Advertisement will be made available for you to review for a further Review Period, this process shall repeat until the Advertisement is expressly approved, or deemed approved, by you for publication save that, after three (3) such review processes, we shall have the right to finalise and publish the Advertisement in our sole discretion. If at the end of any Review Period you have not provided any feedback, requested any amendments or indicated your approval, the then-current version of the Advertisement shall be deemed to be approved and shall be published according to the applicable Service Rules.
- We shall not be liable for failure to action a request for amendment of an Advertisement where such request is, in our reasonable opinion, garbled, indecipherable, unclear or has not been received by us in writing/email.
Changes to the Services and Conditions
- We are committed to the constant improvement of our products and services. We shall have the right to modify CL or any of the Services from time to time without prior notice provided the change is not materially detrimental to the value or function of the Service. If we consider that such modification is reasonably likely to be materially detrimental to the value or function of the Service.
- We may from time to time amend these Conditions and the Service Rules without notice to you. The updated version of the Conditions and Service Rules shall be made available on our Website.
- This membership unless stated otherwise will auto renew at the end of the term. You can opt out of the auto renewal at any time of your membership prior to renewal by sending us an email.
- Anyone who experiences a problem with their web service provided by Consumer Rights should raise the matter directly giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint. Consumer Rights will act with it’s best endeavours with a view to resolving the matter to the satisfaction of the complainant. The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Consumer Rights, who will acknowledge receipt and ensure that the matter is looked into as soon as. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
CONSUMER RIGHTS CODE OF CONDUCT
- Members of the Consumer Rights agree to:
- a) Maintain the highest standards of professional endeavour, integrity, confidentiality, and personal conduct;
- b) Deal honestly and fairly in business with employers, employees, clients, fellow professionals, other professions and the public;
- c) Respect, in their dealings with other people, the legal and regulatory frameworks and codes of all countries where they practise;
- d) Uphold the reputation of, and do nothing that would bring into disrepute, the public relations profession or the Consumer Rights
- e) Respect and abide by this Code and related Notes of Guidance issued by the Chartered Institute of Public Relations and ensure that others who are accountable to them (e.g. subordinates and sub-‐contractors) do the same;
- f) Always maintain the highest level of work in order to raise and maintain professional standards generally.
Integrity and honesty
- Ensuring that clients are fully informed about the nature of the work, what can be delivered and achieved, and what other parties must do in order to enable the desired
- Never deliberately concealing information from
- Checking the reliability and accuracy of information before
- Supporting the Consumer Rights Principles by bringing to the attention of the Consumer Rights examples of malpractice and unprofessional
Capacity, capability and competence
- Delivering work competently: that is, in a timely, cost-‐effective, appropriate and thoughtful manner, according to the actual or implied contract; applying due professional judgement and experience; taking necessary steps to resolve
- Being aware of the limitations of professional capacity and capability: without limiting realistic scope for development, being willing to accept or delegate only that work for which those who are suitably skilled and experienced and which they have the resources to undertake.
- Where appropriate, collaborating on projects to ensure the necessary skill
Transparency and avoiding conflicts of interest
Ensuring that services provided are costed, delivered and accounted for in a manner that conforms to accepted business practice and
Safeguarding confidences, e.g. of present and former clients and never using confidential and ‘insider’ information to the disadvantage or prejudice of others, e.g. clients and employers, or to self-‐advantage of any kind.
Consumer Rights Contact details:
- firstname.lastname@example.org or write to, Consumer Rights, Hanover Buildings, 11-13 Hanover Street, Liverpool, Merseyside, United Kingdom, L1 3DN.