These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this internet site ("Site") (whether accessed by you on the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Sidaro Limited, (hereinafter referred to as "we", "us", "our" or "Sidaro"). Any reference to "you" and "yours" refers to you, the user of the Service. Sidaro's registered address is 1 Church Street, Adlington, Chorley, UK, PR7 4EX, registered number 6558451, VAT Number 944 765485.
Read these terms and conditions carefullyThe Service is based in the UK, aimed at UK residents and intended for access and use by UK residents only. Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms from time to time, provided such changes are reasonable. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms on the Service at the time of your access. You should therefore check these Terms each time you use any of the Services.
Where a third party service or content provider ("Provider") is identified as providing a particular service or application forming part of the Service then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.
Your contract with usYour contract with us shall begin upon the earlier of you:
- completing our registration process and confirming that you have read and accepted these Terms; or
- viewing, accessing or using any Service offered by us which does not require registration.
We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services.
In addition to these Terms, there may be terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.
Contact usIf you have any enquiries or problems concerning this Service, please click on Help in this page. You can also write to Sidaro Customer Care, Sidaro Limited, 1 Church Street, Adlington, Chorley, PR7 4EX.
Monitoring or recording of your communications may take place in accordance with the law, and in particular for Sidaro's business purposes, such as for quality control and training, to prevent unauthorised use of Sidaro's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
Distance selling regulations- You agree that the provision of Services or Content will start as soon as you have completed any necessary registration requirements and you acknowledge that you cannot have recourse to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 to cancel such Content and/or Services once it has been delivered to you.
- This paragraph sets out those items required pursuant to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.
- Identity. Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms is: Sidaro's registered address is 1 Church Street, Adlington, Chorley, UK, PR7 4EX, registered number 6558451, VAT Number 944 765485.
- Description of Goods. The goods and services sold or provided pursuant to these Terms comprise items either selected from those available on our Site or created by us to your order.
- Price. The price of items purchased via the Site shall be the price advertised on the Site at the time of purchase or in any additional terms and conditions and shall include Value Added Tax and any other applicable tax at prevailing rates from time to time, plus delivery costs.
- Delivery Costs. All items viewed or purchased using WAP will incur a "WAP over GPRS" delivery charge at the rate described in your tariff, plus roaming charges where applicable.
- Payment. Payment for any item purchased pursuant to these Terms must be made as specified at the time of placing the order and prior to delivery.
- Price Validity. The price of any Content or Service is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
- Duration of Contract. Unless otherwise expressly stated, the right and licence to use an item sold pursuant to these Terms is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the item is initially transmitted and the other limitations set out in these Terms.
- Availability of Terms: We will make the current edition of the Terms available on the website for so long as the Service is available (subject to any temporary or unavoidable disruptions to the availability of the website).
- Language - This contract can only be concluded in the English language.
You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. Your account is to be used by a single user only and you will not allow simultaneous access using your password. You acknowledge that you are responsible for ensuring that no unauthorised access to the Service is obtained using your password and that you are liable for all such activities conducted through your account whether authorised or not. A breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.
In the event that your password becomes known to any unauthorised user you will immediately notify us of such failure or error. We reserve the right to change your password and account name at any time in our sole and absolute discretion and we will notify you of any changes by using the contact details that you have provided to us. You agree to notify us immediately of any changes to or mistakes in your registration details by amending them using the My Sidaro option.
For certain Services you may be required to choose a user name and a password. For any of the Services:
- the user name you choose must not be obscene, threatening,
menacing, racist, offensive, derogatory, defamatory or in violation of
any intellectual property or proprietary rights of any third party; and
- if we consider in our sole and absolute discretion that the user name
selected by you is inappropriate, we reserve the right to reject and
prevent your use of such user name at any time with or without notice
to you.
All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.
We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by the copyright owner.
You shall not be entitled in respect of any Content (wholly or
partly):
- to pass it on to third parties or to allow third parties to access it
unless and to the extent expressly permitted; or
- to change, edit, modify, reformat or adapt it in any other way.
You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.
Prohibited use of the service and/or the contentYou, and any persons you allow to use the Service or the Content
through your access to the Service, are not allowed to:
- copy, disclose, modify, reformat, display, distribute, licence,
transmit, sell, perform, publish, transfer, link to, reverse engineer
or decompile (except to the extent expressly permitted by applicable
law) or otherwise make available the Content and/or the Service or any
part thereof except as set out in these Terms;
- include or create links (including deep-links) to or from the Content
and/or the Service;
- replicate the Sidaro homepage or create a separate border around any
part of the Service or Content (also known as "framing");
- use the Service or the Content for any commercial purpose;
- use the Service and anything available from the Service for illegal
purposes or in breach of any applicable laws, statutes and regulations
or codes of practice;
- use the Service to post, upload or otherwise transmit messages,
information or pictures that are obscene or pornographic, threatening,
menacing, racist, offensive, indecent, tasteless, defamatory, in breach
of confidence or otherwise unlawful;
- harass, stalk, threaten, impersonate or otherwise violate the rights
of others including rights of privacy;
- hack into, make excessive traffic demands, probe or port scan other
computers, deliver viruses, mail bombs, chain letters or pyramid
schemes or otherwise engage in any other behaviour intended to inhibit
other users from using and enjoying the Service or any other website.
Users who violate systems or network security may incur criminal or
civil liability and Sidaro will at its absolute discretion fully
co-operate with investigations of suspected criminal violations,
violation of systems or network security under the leadership of law
enforcement or relevant authorities;
- collect and process others' personal data except in accordance with
applicable data protection law;
- advertise or offer to sell goods or services;
- infringe any other person's intellectual property rights, including
copyright;
- use the Service to harvest or collect information about users of the
Service or to post or otherwise distribute unauthorized or unsolicited
advertising, junk, bulk email (also known as "spam") or viruses in any
way which shall cause or is likely to cause detriment or harm, in any
degree, to Sidaro or other Service users or which is likely to cause
damage to Sidaro's reputation or the reputation of any third party;
- use the Service or the Content in any way that we in our sole and
absolute discretion consider objectionable, inappropriate, likely to
injure our brand and reputation or otherwise unacceptable.
You are responsible for any misuse of the Service or the Content
even if it is by another person using your access to the Service.
We reserve the right to remove, edit or refuse to post any material
that you or other third parties place or attempt to place on the
Service, to block or suspend your access to the Service and to take
such other action as we in our sole and absolute discretion consider
necessary to prevent or remedy any breach of these Terms. If you wish
to notify us of any Content or third party material or activity on the
Service that you reasonably believe is in breach of these Terms then
you can do so. We are not responsible for any failure to remove, or
delay in removing, any Content or third party material from the Service
or for any good faith but wrongful removal of third party material.
We will also (in accordance with our Privacy Policy) co-operate with
law enforcement and other relevant authorities with respect to any
investigation or violation of network security and reserve the right to
disclose any information (including personal data) derived from you as
required by law or in the good faith belief that failure to comply with
a legitimate request from a law enforcement agency would be likely to
prejudice the prevention or detection of crime or the apprehension or
detection of offenders.
The only personal information that is collected at this web site
is the personal information that you choose to provide to us. For
example when
- you make a purchase via the online channel
- you register your mobile phone number with us
- you request, register for or purchase a specific product or service such as setting up an email account with us
- you subscribe to receive one or more our regular newsletters (either by email or WAP)
- you request further information about a product or service
- you contact us with an enquiry or complaint
- you submit a job application
- you respond to a competition or survey
Where our Services require payment by you, the following
conditions apply.
- You must make such payment as and when required by these Terms: if
you do not do so, we reserve the right to terminate your access to the
Service immediately following any missed, rejected or refused payment.
- If payment is not paid on time, your payment is rejected or refused
(including if you do not have sufficient credit in your Pay As You Go
account), or you default in payment, the amount owing will be treated
as overdue and we will be entitled immediately to cease or suspend the
provision of the Services to you until payment is received or until
your credit has been topped up.
- All amounts payable by you shall be paid in full in pounds sterling
without any deductions or set-offs.
- If payment is to be made by you to us by a call to a premium rate
line, or charges to your mobile phone bill (whether under a contract or
deduction from your Pay-as-You-Go Credit) you may only use the Service
if you are the person responsible for paying the bill or (in each case)
if you have the agreement of the person responsible for doing so.
- You will need to provide all equipment necessary to access the
Service and be liable for payment for the local telephone call charges
at the rates published by the telephone operator with whom you make
your local calls or any other Internet access charges to which you may
be subject. If your equipment does not support relevant technology
including but not limited to encryption you may not be able to use this
Service.
- Your network operator may charge you additional sums for their
delivery of the Services to you within the UK and, if you are using or
receiving Services whilst abroad, additional roaming charges. Any such
additional charges imposed by your network operator are additional to
our charges, are outside our control and non-refundable by us. In all
cases, you should check with your network operator for details.
- You may not be able to use your free bundled minutes or any other
special promotion when using any Service. Charges will appear on your
next monthly mobile phone bill or shall be deducted from your calling
credit, if you are PAYT customer or shall be invoiced directly to you
if your mobile phone has been disconnected for any reason. We will
provide not less than one month's notice of any increase in the charges
or new charges for existing Services on the website. Using the Service
when outside the United Kingdom may be possible but foreign network
operators may charge considerably more than the standard UK charge for
calls or text messages. All amounts are quoted inclusive of VAT.
Where any of our Services enable you to download Content to a mobile
phone, personal computer, personal digital assistant or other access
device you must comply with the following conditions.
- You may save such Content on your access device but (unless expressly
permitted) you are strictly prohibited from saving such Content
elsewhere; editing or modifying the Content; copying, distributing or
forwarding the Content to one or more third parties or allowing third
parties to access it.
- You should adjust the personal settings on your access device to
ensure that you receive the Content that you have selected. By
registering for Services you confirm that your access device can
support the downloading of the relevant Content. If you are unsure
whether this is the case you should check the information on this Site,
consult your handbook or contact the manufacturer of your access
device. We cannot be held responsible should you attempt to download
Content onto an incompatible access device and you will be charged
regardless.
- Without limitation, we shall not be liable in any way for failures,
defects or delays in the delivery of the Content which are caused by
one or more of the following reasons:
- you have provided an incorrect phone number or other incorrect information before ordering the Content;
- your message mail box is full and cannot receive additional messages;
- your phone is switched off, out of range or for some other reason cannot be reached; or
- any other reason outside our reasonable control.
We reserve the right to impose limitations of our choosing on the amount of storage space, temporary or otherwise, that we in our discretion provide you for the storage of messages, pictures, video clips and other communications, but we have no obligation to store any such materials for you and will not be responsible if stored messages are lost or deleted. We recommend that you duplicate any data that you wish to keep in a secure storage facility.
Whilst we will use our reasonable efforts to ensure that messages, pictures, video clips and other communications are sent correctly to the intended recipients, we are not responsible for the delivery of these messages, pictures, video clips and other communications over third party telecommunications networks and we do not warrant and shall not be liable for any delay or failure to send, receive or process messages, pictures, video clips and other communications or the quality of the materials received. You accept and agree that messages, pictures, video clips and other communications may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction Sidaro shall not be responsible or liable for such acts.
We reserve the right to suspend or terminate any message account that you have registered for or other storage facility for pictures or video clips where you remain inactive for any period of time chosen by us in our reasonable discretion (currently 90 days) or where we believe, in our sole and absolute discretion, that your message account or storage facility is being used to send any "spam" or any other form of unsolicited bulk communications, or messages which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach any part of these Terms. If we intend to terminate or suspend your message account or storage facility due to inactivity (or if we decide to change the maximum permitted period of user inactivity) we shall use our reasonable endeavours to notify you in advance of taking such action. We recommend that you save copies of all emails or other data that you wish to keep on another storage device apart from the Service.
Unwanted messages, pictures, video clips or other communications may be sent to you which may give unauthorised persons access to information stored on your PC or mobile phone or may cause irritation or damage to your PC or mobile device. We accept no liability for any loss or damage resulting from the receipt of any messages, pictures, video clips or other communications from any third parties.
Disclaimer and limitation of liabilityThe Service is supplied to you on an "as is" basis and we make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms. You recognise that the Service may, from time to time, be adversely affected by events outside our control, including, without limitation, congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection.
We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service and any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service.
Accordingly, we shall not be liable for any loss of use, profits
or data or any indirect, special or consequential damages or losses,
whether such losses or damages arise in contract, negligence or tort,
including without limitation to the foregoing any losses in relation
to:
- your use of, reliance upon or inability to use our Service and/or
Content;
- the deletion with or without notice or cause of any of your data or
information stored on the Service;
- any loss of your data or material resulting from delays,
non-deliveries, missed deliveries, service interruptions or a failure,
suspension or withdrawal of all or part of the Service at any time; or
- the removal from the Service of any material sent or posted by you on
or via the Service and/or the blocking or suspension of your access to
the Service or any part of it in accordance with these Terms.
If you are dissatisfied with any part of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Service, or where you have paid us for any element of the Service, to seek a pro-rata refund (subject to the Terms of the particular element of the Service) for the cost of that element of the Service which has caused dissatisfaction. You will not be entitled to a refund where we have suspended or terminated your access to the Service as a result of breach of these Terms by you. Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these Terms affects the statutory rights of the consumer.
The internet and third party web sites - DisclaimerYou acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavour to ensure the security of your communications; however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.
Suspension and termination of serviceWe may suspend the operation of the Service without prior
notice:
- for repair or maintenance work; or
- in order to update or upgrade the contents or functionality of the
Service from time to time;
- in the event that we believe that you are or may be in breach of
these Terms.
If we suspend your access to the Service to investigate or prevent a
potential breach of these Terms, these Terms shall continue to apply
during such period of suspension and you shall remain liable for any
charges payable by you during such period. We may terminate your access
to and use of all or any part of the Service:
- in the event that we believe that you are or may be in breach of
these Terms; or
- in the event that you do anything that we think may damage or affect
our commercial interests or business.
-in the event that we believe the system is being overused
-in the event that a customer uses the ask the expert function or the
forum in a malicious way
-in the event that a customer attempts to receive more than three 'ask
the expert' questions in one month
If we terminate your access to the Service, we may delete all information, emails and data that you have stored on the Service. Therefore, we recommend that you save copies of all information that you wish to keep on another storage device apart from the Service.
If we terminate your access to the Service for material breach of these Terms (including non-payment of any sums due by you) then you shall remain liable for any such sums and for any other sums which you have contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date and whether or not the charges are owed and/or payable to us or to our providers or collection agents.
Sidaro may withdraw or change the Services generally, at any time for technical, commercial, public interest or operational reasons. In the event that the Services are being permanently withdrawn by Sidaro, this will be advertised with as much notice as reasonably possible prior to the withdrawal of the Services. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice. Termination shall not affect the accrued rights and liabilities of either you or us.
You may end the Service at any time by following the instructions on the website or contacting us, as set out above. Termination of the Service will not affect your obligation to pay for Services used by you or any third party goods or services previously purchased using the Service.
The purchaser has the right to cancel their subscription to Sidaro within seven days of their agreement to subscribe to Sidaro. The cancelation must be in writing and posted to Sidaro Limited at 1 Church Street, Adlington, Chorley, PR7 4EX. If a person cancels within seven days, the payment will be fully refunded and their account will be disabled.
TrademarksThe word or mark "Sidaro" however represented, including
stylised representations, all associated logos and symbols, and
combinations of any of the foregoing with another word or mark, are the
trade marks of Sidaro (the "Trade Marks"). You shall only make fair use
of the Trade Marks and will not use them:
- as or as part of your own trade marks;
- in a manner which is likely to cause confusion;
- to identify products to which they do not relate;
- to imply endorsement or otherwise of products or services to which
they do not relate; or
- in any manner which does or may cause damage to the reputation of any
of the above-mentioned companies.
It is your sole responsibility to satisfy yourself prior to
using the Service in any way that it is suitable for your purposes and
up to date. The Service and in particular, prices are periodically
updated and you should check the Service regularly to ensure that you
have the latest information. You should also refresh your browser each
time you visit the Service to ensure that you download the most up to
date version of the Service. We may delay enforcing our rights under
these Terms without losing them.
- You agree that we may sub-contract the performance of any of our
obligations or may assign these Terms or any of our rights or
obligations without giving you notice.
- You undertake not to assign, re-sell or in any other way transfer
your rights or obligations under these Terms.
- We will not be liable to you for any breach of these Terms, which
arises because of any circumstances that we cannot reasonably be
expected to control including, but not limited to, Acts of God,
inclement weather, act or omission of Government or public telephone
operators or other competent authority or other party for whom Sidaro
is not responsible.
Sidaro Limited
Registered in England and Wales
1 Church Street, Adlington, Chorley, UK, PR7 4EX
Company's registered number: 6558451
Contact telephone number: +447500804796
E-mail address: customercare@sidarogolf.com