Content you Contribute or Post to Our Website
As a condition of your use of Our Website, you agree to comply with these provisions:
1 We may, at our discretion, read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
2 You agree that you will not use or allow anyone else to use Our Website to Post a Contribution which is or may:
a. be malicious or defamatory;
b. consist of commercial audio, video or music files;
c. be software which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing;
d. be illegal, obscene, offensive, threatening or violent;
e be sexually explicit or pornographic;
f. promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
g. be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
h. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
i. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
j. solicit passwords or personal information from anyone;
k. be used to sell any goods or services or for any other commercial use;
l. be used to send any communication by automated email or otherwise;
m. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
n. be incomplete or inaccurate or submitted otherwise than as requested by Our Website;
o. request personal information from other users nor Post any unnecessary personal information about you or any user without their permission.
p. link to any of the material specified above, in this paragraph.
2. Other restrictions
You agree that you will not use or allow anyone else to use Our Website:
a. to sell or promote any product or service without our express written consent;
b. in a way which violates the law of any country in which we operate, or which fails to comply with accepted Internet protocol;
c. for spamming. Spamming includes, but is not limited to:
d. the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
e. the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
f. excessive and repeated Posting off-topic messages to newsgroups;
g. sending age-inappropriate communications or Content to anyone under the age of 18.
3. About Contributions Posted by you
You now confirm that:
a. you own all of the Contributions you Post;
b. you understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Contributions having been Posted by you;
c. you will immediately notify us of any security breach or unauthorised use of your account.
d. you accept all risk and responsibility for determining whether any Contribution is in the public domain and not confidential.
e. you irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Contribution that you place on our website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
f. you agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Contribution as provided in the Copyright, Designs and Patents Act 1968 s80.
g, you now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
h. you now irrevocably release us from any right or claim of yours arising out of or in connection with any item of feedback, rating or other Contribution Posted by you.
4. Removal of offensive Content
a. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
b. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
c. If you are offended by any Content, the following procedure applies:
d. Your claim or complaint must be submitted to us in the form available on our website, or contain the same information as that requested in our form. It must be sent to us by post or email.
e. we shall remove the offending Content as soon as we are reasonably able;
f. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
g. we may re-instate the Content about which you have complained or not.
h. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
i. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
5. Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading a Contribution or Content of some sort. We may read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. Your action may be unlawful in some country, where you may accordingly be subject to extradition and criminal proceedings.
7. You now agree that you will not, and will not allow any other person to:
a. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
b. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
c. download any part of Our Website, without our express written consent;
d. collect or use any product listings, descriptions, or prices;
e. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
f. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
g. for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
h. use Our Website to hack into the computer of any other person or make contact with any other computer;
i. make available or upload files that contain software or other material, data or information not owned or licenced to you, including pirated computer programs, pirated music or other media or links to any such files;
j. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
k. upload or republish any part of our Content on any Internet, intranet or extranet site.
l. hide or remove the banner advertisements on any page of Our Website;
m. share with a third party any login credentials to Our Website;
n. use on Our Website software which assists in:
o. data mining, extraction or collection;
p. emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
q. “Framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
r. performing any automated operation;
s. Despite the above terms, we now grant a licence to you to:
t. Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
u. You may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
9. Intellectual Property
a. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
b. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
c. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
d. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
10. System Security
a. We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
b. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
c. You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
11. Miscellaneous matters
a. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
b. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
c. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
d. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.
e. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
f. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
g. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
h. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message]
i. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
j. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
k. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
l. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
m. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland.
This is the privacy notice of Soul Searchers Kernow. In this document, “we” or “us” refers to Soul Searchers Kernow.
This is a notice to tell you our policy about all information that we record about you. It covers both information that could identify you and information that could not.
We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our web site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with UK law. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.
Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.
Here is a list of the information we collect from you, either through our web site or because you give it to us in some other way, and why it is necessary to collect it:
1. Basic identification and contact information, such as your name and contact details.
This information is used:
1.1. to provide you with the services which you request;
1.2. for verifying your identity for security purposes;
1.3. for marketing our services and products;
1.4. information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
2. Market place information
When we obtain information from you specifically to enable you to buy a service offered on our web site by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.
3. Your domain name and e-mail address are recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:
3.1. to correspond with you or deal with you as you expect.
3.2. in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
3.3. to send you news about the services to which you have signed up;
3.4. to tell you about other of our services or services of sister web sites.
4. Information you post on our website
Information you send to us by posting to a forum or blog or in your advertisement is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.
5. Website usage information
6. Financial information relating only to your credit cards
This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of PayPal or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.
7. Note on padlock symbols and other trust marks
Many companies offer certification and an icon or other small graphic to prove to site visitors that the site is safe. Some certify to a high level of safety. Others are more concerned to take our money than to provide a useful service. We do not handle information about your credit card so do not subscribe to any such service. However, we suggest you assess this notice to judge that we do take your privacy seriously.
8. We retain your credit card information securely
We may keep your financial information to provide you with a better shopping experience next time you visit us and to prevent fraud.
We take the following measures to protect your financial information:
8.1. We do not keep all your data, so as to prevent the possibility of our duplicating a transaction without a new instruction from you.
8.2. Access to your information is restricted to authorised staff only.
8.3. Your information is held with Paypal and your purchase details can be accessed by authorised company members via the secure paypal site, only to facilitate delivery and resolve any disputes about your purchase.
8.4. All credit and debit card transactions will be made through Paypal and will not be accessible by us.
9. Credit reference
To assist in combatting fraud, we share information with credit reference agencies so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
10. Business and personal information
This includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.
We keep information which forms part of our business record for a minimum of six years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
11. Third party advertising
Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.
Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.
12.2. to allow essential parts of our web site to operate for you.
12.3. to operate our content management system.
12.4. to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
12.5. to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
12.6. to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
12.7. to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
12.8. to record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for three months, when it will delete automatically.
12.9. to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for 90 days.
12.10. to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.
13. Calling our help line
When you call our help line, we collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our help line
14. Sending a message to our support system
When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
16. Third party content
Our web site is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our web site, we shall investigate your complaint. If we feel it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgement as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
17. Content you provide to us
If you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the World, you have no control whatever as to how it is used.
18. Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you.
19. Use of site by children
We do not market to children, nor do we sell products or services for purchase by children. We do sell products and services for end use by children, but for purchase by adults. If you are under 18, you may use our site only with consent from a parent or guardian.
20. Disclosure to Government and their agencies. We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
21. At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
22. Sale of your personal information
Except as specified above, we do not rent, sell or otherwise disclose any of your information to any person outside our business.
23. Data may be “processed” outside the UK
Our web sites are hosted in the USA. We also use outsourced services in countries outside the EU from time to time in other aspects of our business. Accordingly data obtained within the UK may be “processed” outside the UK and data obtained in any other country may be processed within or outside that country.
24. Compliance with the law
This confidentiality policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.
25. Removal of your information
If you wish us to remove personally identifiable information from our web site, you may contact us at www.soulsearcherskernow.com. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.