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| FIREDUP.COM
BLAIR WITCH PROMOTION - TERMS AND CONDITIONS
1. The FiredUp.com Blair Witch Project Promotion (the "Promotion") will run on the FiredUp.com website at www.firedup.com (the "Website") in conjunction with The Times newspaper from 15th to 20th May 2000 inclusive (the "Promotion Period"). 2. The Promotion is open only to residents of the UK, the Channel Islands, the Isle of Man and the Republic of Ireland aged 18 years or over. Employees of News International plc, News Network Ltd ("News") and their associated, affiliated or subsidiary companies, and their families, agents, and anyone connected with the Promotion, are excluded from entry. 3. Entrants should collect tokens for the Promotion, one of which will be published daily in The Times newspaper during the Promotion Period. Each token will contain a password (the "Promotion Password").To be eligible to participate in the Promotion, entrants must collect up to four differently worded Promotion Passwords. No purchase is necessary. Entrants may write to 1 Virginia Street, London, E1 9BD to obtain the Promotion Passwords. 4. Having collected the Promotion Passwords entrants must correctly register on the Website to the satisfaction of FiredUp.com and bid for the Blair Witch Project Promotion items as detailed on the Website. Entrants must bid in accordance with the FiredUp.com's Terms and Conditions governing the use of the Website. The FiredUp.com Terms and Conditions appear on the Website. 5. If a reader makes a successful bid/(s) is successful, he/she will be notified by e mail and is directed to a page on the Website to enter details of the Promotion passwords collected, up to a total of four Promotion Passwords. Confirmation of receipt of such Promotion Passwords by FiredUp.com will entitle the successful bidder(s) to a reduction of £10 per Promotion Password off the price of the Blair Witch Project Promotion item(s); if four Promotion Passwords have been collected and properly notified to FiredUp.com the bidder(s) will have a total of £50 deducted from the amount owing as a result of the successful bid(s) (which includes a £10 bonus for collecting all four), provided in each case that the value of the reduction will not exceed the amount of the winning bid(s). 6. Details of the Blair Witch Project Promotion items are as provided on the Website www.FiredUp.com/blairwitch. Any reduction of an entrant's winning bid made in line with this Promotion will be made prior to payment being collected from the entrant for the relevant Blair Witch Project items. 7. By entering all entrants agree to abide by these Terms and Conditions and the Terms and Conditions of use of the Website. 8. All successful entrants agree to allow the unlimited use of their names, photograph(s) and general location for publicity and news purposes free of charge. 9. News does not accept liability for lost, corrupted, damaged, delayed or otherwise invalidated entries or entries which are otherwise not received by the Website server. 10. News does not accept liability for technical, hardware or software failures of any kind or lost or unavailable network conditions which may limit or prohibit an entrant's ability to participate in the Promotion. 11. The promoter of this competition is News Promotions Limited. FiredUp.com's
Auction Place Member Terms of Use By registering to use the Website you: (a) confirm that you are legally able to enter into contracts to buy the goods and services in the Auctions. For an individual, this means that you must be at least 18 years old; (b) undertake to register on the Website using your correct name and address and any other requested details, including details of a credit/debit/charge card; (c) confirm that you are entitled to use such credit/debit/charge card, both at the time of registration and at the time of any subsequent use on the Website, and that sufficient funds are available on such card to cover all charges incurred on it in the course of any Auctions; (d) agree to notify us with any updates to this information, as soon as it changes. We provide the Website on an "as is" basis; we make no representations or warranties of any kind with respect to the Website or its contents. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and materials published on the Website. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. All those selling goods or services in the auctions on the Website ("Merchant Partner") use Secure Socket Layer (SSL) to protect your credit card information and assist your on-line purchasing experience. However, if you transmit information other than on the SSL by email or other internet link, any losses incurred or sustained by you shall be your sole responsibility and in no event shall we or Merchant Partner have any responsibility for any such losses. If you are using a public computer we suggest you remember to sign out when you have finished shopping. If you discover that goods or services have been ordered using your credit card by someone not authorised to do so, Merchant Partner will refund to you the money it receives from such order provided that: (a) You tell your credit card company and Merchant Partner of the unauthorised purchase as soon as you discover it; (b) You co-operate with your credit card company, Merchant Partner and, if necessary, the police on such unauthorised use; and (c) If you have already taken delivery of the goods, you co-operate in making them available for collection by us/Merchant Partner, unless we come to alternative arrangements with you. 1. Conditions of your use of this Website 1.1 The contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below. 1.2 You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, "caching" any material on this Website for access by third parties and/or "mirroring" any material on this Website. 1.3 You may print or download the contents of an individual page for private and personal non-commercial use only, but you may not make more than one copy electronically or otherwise of any of the contents. 2. Our Terms 2.1 We do not pre-screen the goods and services available through the Auctions, but we reserve the right to remove any Auction that does not meet our standards or comply with any applicable legislation, license or code of conduct. 2.2 From time to time we may hold Auctions in which we are the provider of the goods/services being auctioned and we will make this clear on the Website. Only in such Auctions we shall be the Merchant Partner. In any such Auction where we are acting as Merchant Partner, we reserve the rights and accept the obligations and liabilities of the Merchant Partner as set out in these terms of use. In the event that conflict arises under these terms of use by us acting as Merchant Partner, these terms of use shall be interpreted so that our position is that of Merchant Partner in the Auction and in such circumstances this interpretation shall take precedence over all other interpretations of these terms of use. 2.3 Details of the relevant Merchant Partner will be listed on the Website. 2.4 We reserve the right to close Auctions early, to extend Auctions, to cancel or withdraw listings or to terminate the entire service of providing Auctions, where we have compelling legal or technical reasons for so doing, including, without limitation, technical difficulties experienced by us, Merchant Partner or on the Internet. Where practicable, we shall try to provide reasonable advance notice to you of any such steps we take. Similarly we will use our reasonable endeavours to process bids which are placed, but we do not guarantee that each individual bid will be processed. We are not bound contractually, or in any other way, required to offer any of the Auctions - whether to you or any third party. 2.5 We reserve the right to suspend or terminate any Auction for Merchant Partner's goods or services if you and/or Merchant Partner appear to us, in our sole opinion, to be in breach of any of the provisions of these Terms, including the provision of false registration details or any other misuse of the Auctions. If you are suspended from an Auction or your account terminated you cannot re-register for the Auctions without our prior written consent. 3. Auction Terms 3.1 Subject to reaching the notified reserve price, we, acting as agent for and on behalf of Merchant Partner, may accept a bid placed by you, or any person authorised to use your account, in an Auction before the date/time stipulated for the close of the Auction. A bid placed during an Auction is an indication of the price which you/the authorised person, is offering and prepared to pay to acquire the goods or services which are the subject of that Auction. Assuming satisfaction of the rest of these Terms, if your bid is the highest when the time for bids to be submitted ends, either we, acting as the Merchant Partner's agent, or Merchant Partner, will contact you, using the details supplied to us, to confirm the acceptance of your offer, and that a binding agreement between you and the Merchant Partner has come into existence. 3.2 The winning bid(s) in any Auctions will be the highest bid or bids which exceed any reserve and meet any other express conditions of the relevant Auction. All Merchant Partners are required to abide by this principle. If you make a bid that is followed by a higher bid or bids by another user or users, which is/are later removed by us for any reason, the Merchant Partner is obliged to accept the last highest bid which has not been removed. For the avoidance of doubt, all unsuccessful bids will lapse after closure of the relevant Auction which shall take place once the bidding has closed the payment details have been verified and confirmation obtained that payment has been made. 3.3 You must not bid in a way that is manipulative of an Auction. 3.4 Listings may be offered subject to a Merchant Partner's reserve. 3.5 We may in our absolute discretion refuse or remove bids or remove from sale or re-offer for sale listings where there is a dispute, which are withdrawn by Merchant Partner, or which fail to attract bids above the reserve. 3.6 Each Auction is conducted in Pounds Sterling and amounts due are payable in Pounds Sterling. We may from time to time provide conversions into other currencies based on the latest information available to us. While we make reasonable efforts to ensure the accuracy of these conversions, the actual cost to you in your own currency will vary according to the exchange rate received by you at the time of processing the transaction by Merchant Partner with your bank or credit card issuer. We take no responsibility for any variance between the conversion figure shown on the Website and that paid by you to Merchant Partner in the transaction. 3.7 Merchant Partner is solely responsible for processing transactions and collecting payment from you, if you have the successful bid at the end of the Auction. They are also fully responsible for the goods or services in question: if delivery is not possible outside of the UK the Merchant Partner has to make such restriction clear in the description of the goods or services in the Auction. We do not authenticate your ability to pay Merchant Partner for the goods or services or for any charges which are levied by the Merchant Partner in connection with Auction. 3.8 The prices of all goods and services shown on the Website are inclusive of VAT (where VAT is applicable). FiredUp.com does not provide VAT invoices for Auctions and does not act as Merchant Partner's agent for VAT purposes. Merchant Partner alone is to provide VAT invoices on request for Auctions and it may in its sole and absolute discretion agree to accept payments exclusive of VAT where applicable. 4. Listings & Description of Goods 4.1 Descriptions of goods and services on the Website are provided for Auctions by Merchant Partner and are accurate to the best of Merchant Partner's knowledge. FiredUp.com have no responsibility for any inaccuracies, misleading statements or other incorrect information contained in such descriptions. 5. Exclusion of FiredUp.com's liability 5.1 We are not liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these Terms or otherwise), even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention, through your use of this Website, or participation in the Auctions. 5.2 The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action. 5.3 We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. 5.4 The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. 5.5 Without prejudice to 5.1 above our liability under these Terms (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £500, or (b) an amount equal to the sums paid or payable by you in the Auction(s) to which such liability relates, regardless of the cause or form of action. 5.6 Nothing in these Terms limits our liability for death or personal injury resulting from our negligence. 5.7 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you or through you account. 5.8 Neither we nor the relevant Merchant Partner are liable for any failure to perform any of our obligations under these Terms caused by matters beyond our reasonable control. 5.9 The Website contains material submitted and created by Merchant Partners and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material. 5.10 The Website may also contains links to other websites which are not under the control of and are not maintained by us. We are not responsible for the content of those websites. We provide these links for your convenience only but do not necessarily monitor or endorse the material on these websites. 6. Data Protection and Privacy 6.1 All personal data relating to you collected by Merchant Partner or us from which we or Merchant Partner can identify you will be recorded electronically and only used in accordance with the Data Protection Act 1984 (or the Data Protection Act 1998 once in force). 6.2 In completing the registration you will give us data about you which we and Merchant Partner will use for monitoring the operation of the Website, processing orders, administration and future changes to the site to improve the service provided, as well as marketing, advertising and promotional purposes. From time to time we or Merchant Partner may want to share this data with other reputable companies both within and outside the European Union. By registering you agree to the use of the data for these purposes, unless you click on the relevant button on the registration form to say you do not consent to the use of your data for these purposes. 6.3 From time to time we or Merchant Partner may need to collect data of a sensitive personal nature and in such cases, before the data is collected you will be told that we or Merchant Partner intend to collect such data and how the data will be used. Before we or Merchant Partner collect this data you will have the opportunity to consent or otherwise to such collection if you wish. 7. E-Commerce Without prejudice to these Terms, the following standard terms of business apply to any transactions conducted between you and Merchant Partner from the Website. In summary the Merchant Partner's obligations are: (a) to accept the highest bid on closure of the Auction. (b) to specify any delivery restrictions, especially outside the UK, all delivery costs. (c) to deliver within 30 days from the Auction closing. (d) to provide an automatic no-quibble refund if Member validly exercises that right of withdrawal from the contract within 7 days from receipt of goods purchased or from the Auction Closing if the contract is for services. (e) to deal with all arrangements from changed goods, delivery problems or incorrect quantities supplied. (f) to be solely responsible for VAT matters relating to the Auction. (g) complying with data protection legislation relating to any individual Member's personal data. 7.1 The Contract Between You and Merchant Partner 7.1.1 All Auctions on the Website are hosted by FiredUp.com but all dealings related to the Auctions are between you and Merchant Partner. Any terms, conditions, warranties or representations made or given before during or after an Auction, are solely between you and Merchant Partner. Subject to the Website Terms, you agree that FiredUp.com is not liable in any way for, and you agree to indemnify FiredUp.com in the manner referred to above in these Terms in relation to, such dealings. 7.1.2 Merchant Partner must receive payment of the full amount of the price for the goods or services that you order before your order can be fulfilled. Once payment has been received your order will be confirmed by sending an email to you at the email address you provide in your order form, with the details of your order. Acceptance by e-mail of your order brings into existence a legally binding contract between you and Merchant Partner. 7.2 Price 7.2.1 The price (which is fully inclusive of VAT where applicable) payable for goods or services that you have made a successful bid for at the end of an Auction will be confirmed in the confirmation e-mail sent to you. 7.2.2 You may be required to pay extra for delivery, which will be notified to you, and it might not be possible for Merchant Partner to deliver to some locations; this will be stated with the details about the goods or services. 7.2.3 All orders for products are subject to availability and Merchant Partner reserves the right to refuse to supply to any individual or company for whatever reason. 7.3 Withdrawal By You From The Contract 7.3.1 You may withdraw your order for goods or services at any time up to the end of the 7th Working Day after you receive the goods ordered or after your order is confirmed in the case of services ordered. You do not need to give Merchant Partner any reason for withdrawing your order nor will you have to pay any penalty, but you will be responsible for the costs or returning the goods. 7.3.2 The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered, or already started taking advantage of the services ordered, as applicable. 7.3.3 To withdraw your order you must notify Merchant Partner. 7.3.4 If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, or the 7 Working Days have passed, you must send them back to the Merchant Partner's contact address at your own cost and risk. You must not begin to take any part of any services ordered if you wish to withdraw. 7.3.5 Once you have notified Merchant Partner that you are withdrawing your order, any sum debited by Merchant Partner from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your notification of withdrawal PROVIDED THAT the goods in question have been returned by you and received by Merchant Partner in the condition they were in when delivered to you, or you have not begun to take advantage of the services ordered.. 7.4 Delivery Of Goods To You 7.4.1 Merchant Partner will deliver the goods ordered by you to the address you give Merchant Partner for delivery at the time you make your order. 7.4.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order being confirmed. 7.4.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and Merchant Partner will not be liable for any subsequent loss or destruction. 7.5 Liability 7.5.1 If the goods Merchant Partner delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Merchant Partner shall have no liability to you unless you notify Merchant Partner in writing at the Merchant Partner contact address of the problem within 10 Working Days of the delivery of goods in question. 7.5.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, Merchant Partner shall have no liability to you unless you notify Merchant Partner in writing at the Merchant Partner contact address of the problem within 40 days of the date on which your order is confirmed. 7.5.3 If you notify a problem to Merchant Partner under this clause, Merchant Partner's only obligation will be, at its option:- (a) to make good any shortage or non-delivery; (b) to replace or repair any goods that are damaged or defective; or (c) to refund to you the amount paid by you for the goods in question in whatever way Merchant Partner chooses. 7.5.4 Merchant Partner will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Merchant Partner under this clause and Merchant Partner 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 in question under paragraph 7.5.3 above. 7.5.5 Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable law that may not be excluded nor in any way to exclude or limit Merchant Partner's liability to you for any death or personal injury resulting from its negligence. 7.6 Force Majeure and Helpdesk Merchant Partner shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control. A helpdesk number is displayed on the Website for any technical or other problems you may experience. 7.7 Invalidity If any part of these terms is unenforceable (including any provision in which Merchant Partner excludes its liability to you) the enforceability of any other part of these terms will not be affected. 7.8 Governing Law The contract between you and Merchant Partner is governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes arising between you and Merchant Partner pursuant to this contract. 7.9 Entire Agreement These terms and conditions, together with the price given as the successful bid at the end of the auction, delivery details and Merchant Partner's contact details shown on the Website, set out the whole of the agreement between you and Merchant Partner relating to the supply of the goods to you by Merchant Partner. These terms and conditions cannot be varied except in writing signed by a director of Merchant Partner. In particular nothing said by any sales person on behalf of Merchant Partner should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Merchant Partner. Merchant Partner shall have no liability for any such representation being untrue or misleading. 7.10 Interpretation In these terms and conditions:- "Auctions" means the auctions conducted on the Website " Merchant " means the supplier of goods and/or services to be sold in the auction Partner" on the Website, any connected organisation that actually supplies goods ordered by you and any successor to its business; "FiredUp.com" means FiredUp.com of 1 Virginia Street, London E1 9X7 "Terms" means the terms of business for any commercial transactions conducted from the Website as set out herein. "we/us/our" means FiredUp.com "Website" means this FiredUp.com-AuctionPlace website "Working Day" means every day of a calendar year apart from weekends and statutory and public holidays; "you"/"your" means the registered user or authorised third party with the successful bid at the end of the auction on the Website ordering goods and/or services from Merchant Partner under the Terms. 8. Copyright notices 8.1 The copyright in the contents of all the pages in this Website are owned by or licensed to us, unless otherwise specified. 8.2 The authors of the literary and artistic works in the pages in this Website have asserted their moral right under Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works, unless otherwise specified. 9. Assignment We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party . If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 Working Days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions. 10. Entire Agreement These Terms together with our privacy policy contains the entire agreement and understanding between the parties relating to the subject matter of these Terms, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to the subject-matter of these Terms, whether they are statutory or otherwise, as far as is possible by law. In the event of conflict or inconsistency, the following priority shall apply: (1) these Terms (2) the privacy policy. 11. No Partnership Nothing in these terms and conditions shall be construed as constituting a legal partnership or joint venture between you and us. 12. Variation We reserve the right to change these Terms from time to time, and post the new version on the Website notifying you of this fact on the Website. The new version will take effect, and will govern all Auctions as well as other activity on or through the Website and/or your relationship with us, commencing one week after the date of such posting (or such later date as we indicate in such posting). If you do not wish to be governed by the new version of the Terms, you may notify us within the above period of one week, and from the date when the new version takes effect you must cease to participate in Auctions and otherwise to use the Website. 13. Conflict In the event of conflict or inconsistency between the terms of the English version of these Terms and any translation provided by us the English version shall prevail. 14. Severability In the event that any term of these Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms shall remain valid and enforceable. 15. Governing Law Use of this Website and these Terms is subject to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use. 16. Jurisdiction 16.1 The Courts of England and Wales shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Website and its use and these Terms. 16.2
Where national regulatory authorities have jurisdiction over the contents
of this Website, we have attempted to ensure compliance with the
requirements of such regulatory body. However, some of the information in
the pages contained in this Website is not to be accessed from certain
jurisdictions and no representation or warranty is made as to whether the
information available in this Website complies with the regulatory regime
of countries from which the pages in this Website should not be accessed. |
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