LocalNightsOut - Terms & Conditions

Please read these terms and conditions (“the Terms”) carefully. By entering our Website, you are deemed to have accepted our conditions of use as set out in the Terms, including the disclaimers which are set out in paragraph 3 below.

Introduction

1.1 This website, http://www.localnightsout.com and the website www.localnightsout.co.uk (“the Websites”) are owned and operated by LNO Ltd (“us,” “we”), a private limited company registered in England and Wales (number 6177914) whose registered office is at The Granary, Crowhill Farm, Ravensden Road, Wilden, Bedford, MK44 2QS

1.2 From time to time, we may modify these Terms. Accordingly, please continue to review these Terms whenever accessing or using the Websites. If at any time you do not agree or consent to the Terms, you may not use the Websites. Please print off and retain the Terms for your records.

Use of the Websites

2.1 We reserve the right at any time to remove, screen or edit any materials or content on the Websites at our sole discretion without prior notice and without there being any liability on our part. You further accept that such changes may result in your being unable to access the Websites or part of them. We may have to suspend the Websites from time to time to carry out maintenance and to make upgrades.

2.2 You agree not to do or cause to be done anything which might interfere with the proper working of the Websites.

2.3 You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Websites (save for these Terms) without our prior written permission.

2.4 You agree to use the Websites only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.

2.5 If we invite you to submit any contribution to the Websites (including without limitation any text, graphics, video or audio) you acknowledge that, save as otherwise agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant us such rights you must not submit your contribution us. By submitting your contribution to these Websites, you warrant that such contribution is:

2.5.1 your own original work and that you have the right to make it available to us for all the purposes specified above;

2.5.2 not defamatory; and

2.5.3 does not infringe any law.

2.6 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties in clause 2.5. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Websites and the other purposes specified above.

2.7 We shall provide advertisers with a confidential username and password to enable them to access parts of the Websites. As an advertiser you must maintain the confidentiality of your username and password and must reveal them to no one. You must immediately notify us if you know or suspect that your username and/or password have been disclosed to any other person.

Disclaimers

3.1 Unless otherwise specified, the materials on these Websites are directed solely at those who access these Websites from the United Kingdom mainland. We make no representation that anything referred to in the materials on these Websites is appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United Kingdom mainland are responsible for compliance with local laws if and to the extent local laws are applicable.

3.2 Although we make every effort to ensure the details on these Websites are correct, please note we give no guarantee as to, and have no liability in relation to, the currency, usefulness or accuracy of any of the content of these Websites. There may be occasions when some of the information featured on the Websites may contain incomplete or misleading data, typographical errors, or other inaccuracies. Any errors are wholly unintentional and we apologise for any inconvenience which this might cause. You acknowledge that you are responsible for inputting the correct information requested of you.

3.3 Given the unpredictabilities of technology, we do not warrant (either expressly or impliedly) that the Websites will meet your data processing requirements, that the function, operation or accessibility of the Websites will be uninterrupted or error-free, that defects will be corrected, or that the Websites will be free of viruses or other harmful elements. As a condition of becoming a user of the Websites, you agree that your access is undertaken at your own risk and in accordance with the terms of use of the Websites applicable from time to time. We shall not be liable for damages of any kind and howsoever arising, (including but not limited to damage caused by viruses, worms or trojan horses) related to your use of, or inability to access or properly use, any part of the Websites.

3.4 We shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonably to have known of or had been advised of the possibility of the same), whatsoever or howsoever caused (including negligence) except as provided in clause 3.6 below, arising directly or indirectly in connection with these Terms, the use of the Websites or any of the materials contained in them, or as a result of withdrawing and/or screening editing or removing any materials or content on the Websites or otherwise, except that which is unlawful to exclude.

3.5 Notwithstanding the generality of clause 3.4 above, we expressly exclude liability for direct, indirect or consequential loss or damage including but not limited to loss or damage in respect of the Websites, its use, the lack of availability of the Websites or any part of it or its content, loss of or damage to data or in respect of other equipment or property whether or not the same may be in our care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings, or otherwise.

3.6 We do not exclude liability for death or personal injury arising as a result of the negligence of us, our employees, agents or authorised representatives.

3.7 You shall indemnify us in respect of all costs (including legal costs on a full indemnity basis), losses expenses and claims in respect of or in connection with:

3.7.1 any improper use by you of the Websites;

3.7.2 any breach by you of any of these Terms or any relevant legislation or regulations; and

3.7.3 any claim brought against us as a result of or in connection with your actions or omissions.

3.8 The colours we use, as well as the display and colour capabilities of your particular computer monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that your monitor’s display of any colour, texture, or detail of graphics or visual elements of the Websites will be accurate.

Intellectual Property

4.1 All brand names, product and service names and copyright used on these Websites (“the Marks”) are Marks of their respective holders. All goodwill associated with the Marks or with our trade names or marks shall inure solely to the benefit of their respective holders or with us, and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.

4.2 No permission is given by us for the use of the Marks or our trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.

4.3 All designs and content featured on this Website, including navigational buttons and images, artwork, graphics, photography, text and the like are the copyright of us or our licensors and any use of materials on this Website without our prior written consent is strictly prohibited.

5 Privacy Policy

At Local Nights Out we are very serious about protecting your privacy. Your trust is our most important asset. This privacy policy explains how Local Nights Out may collect information from you via our websites and how that information may be used subsequently. If you have any queries in relation to this privacy policy please contact contactus@ LocalNightsOut.com

By browsing and using the Websites you agree to this policy governing your use of the Websites. If you do not accept this policy, you must not use the Websites.
This policy applies only to these websites and not to other websites to which we provide links. We also enter into agreements with commercial partners whose websites may be co-branded or framed by us and which you may visit directly through our websites. Other websites which we may link to are not subject to our privacy policy. You are advised to read the privacy policy of such other websites.

We may change our privacy policy from time to time without notification and you should regularly review this policy when you visit our site.

5.1 Collection of personal information

We will only collect personal information from you (such as name, address, telephone number, email address etc) which you have provided voluntarily to us either by completing registration or enquiry forms or sending emails to us. Please do not submit your personal data to us if you do not wish us to collect it.
Examples of where we may collect your personal information include (without limitation):-
• If you enter a contest or promotion we ask for your name, address and e-mail address. This is so we can run the contest effectively and tell you if you have won.
• If you order a product or service from us we may ask for information including your name, e-mail address, delivery and billing address, credit or debit card number and expiry date. These details allow us to process your orders efficiently.

5.2 Collection of other information

In addition to asking you to submit personal information, we may collect information about you automatically when you visit the websites. The collection of information may involve the use of cookies and web beacons. A web beacon is a small graphic image placed on a web page that is designed to allow us to monitor visitors to our site. A cookie is small text file that is placed on your computer's hard drive by your web browser when you first visit our site. The cookie allows us to identify your computer and find out details about your last visit. Most internet browsers accept cookies automatically, but usually you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. If you choose not to receive our cookies, we cannot guarantee that your experience with our websites will be as quick or responsive as if you do receive cookies.
The information collected by cookies and web beacons is not personally identifiable, it includes general information about your computer settings, your connection to the internet e.g. operating system and platforms, IP address, your browsing patterns and timings of browsing on our websites and your geographical location.

5.3 Use of your information

You agree that we may obtain, hold, correlate, merge and use your information (including personal information) for the purpose of providing you with our services and ancillary services and for our internal business purposes. These include (without limitation):-
• personalising your visits to the site and developing the design and style of the site to improve our services to you;
• to inform you about the latest changes to our website, or products, services or promotional offers that you might find interesting;
• communication (and personalising such communication) with you from Local Nights Out and from other reputable and trustworthy third parties (if you have agreed to such);
• informing you if you have been successful in any competitions or promotions;
• compiling customer reviews;
• for market research purposes;
• to prevent you from posting illegal, offensive or objectionable comments on our sites;
• to enable third parties to carry out statistical analyses', technical, logistical or other functions on our behalf including determining behavioural preferences to manage online advertising;
• for strategic development;
• for any purpose required by law or regulation; and
• for accounting purposes.

5.4 Sharing Information

We may provide third parties, at our discretion, with certain aggregate statistical data about your use of our websites, which data may include demographic data such as age range and/or geographic location of groups of user. It will not include information that could personally identify you.

With your consent, we may supply personal information to third parties.
We reserve the right to access and to disclose personal information to comply with applicable laws and lawful government requests or requests by applicable regulatory bodies, to operate our systems properly or to protect either ourselves or our other users.

We may transfer, sell or assign any of the information described in this policy to third parties as a result of a sale, merger, consolidation, change of control, transfer of assets or reorganisation of Local Nights Out.

5.5 Monitoring emails

We may monitor and keep records of email communications which you send to us and other communications with you in accordance with this policy and our other business interests.

5.6 Safeguards and Security

In addition to our safeguards your personal information is protected in the UK by the Data Protection Act. This provides that the information which we hold about you should be processed fairly and lawfully and should be accurate, relevant and not excessive. The information should, where necessary, be kept up to date and not retained for longer than is necessary. Please help us to keep your personal information accurate by updating your registration details on the websites.

5.7 Changing or accessing your information

Should your personal information change (e.g. your postcode), or if you no longer wish to receive newsletters or services you have signed up for, or if you wish to review or receive copies of the personal information we hold about you, or have any other queries please email contactus@ LocalNightsOut.com including full details of your request.
We may charge a small administration fee in relation to fulfilling a request for access to personal information.

Hyperlinks

6.1 Certain hypertext links on these Websites will lead to websites which are not under our control. When you activate any of these, you will leave our Websites. We have no control over the material on any of these linked websites.

6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.

Our services

7.1 This Website is a guide to Local Nights Out and leisure and entertainment. We do not buy or sell goods. Any goods or services advertised for sale on the Websites are offered for sale by the third party whose name and address appears on the Websites along with the product or service (“the Seller”) and are subject to availability.

7.2 If you order a Seller’s goods or services through this Website, you do so on the terms and conditions of that Seller. Please ensure you read such terms and conditions.

7.3 You shall be responsible for ensuring the accuracy of any order (including any applicable specification) submitted by you and for giving us any necessary information within a sufficient time to enable us to place your order with the relevant Seller.

7.4 We will notify the Seller of the details you have given us. All orders shall be deemed to be an offer by you to purchase goods or services pursuant to the relevant Seller’s terms and conditions. Acknowledgement of your order by the Seller shall be deemed acceptance of your offer. When you order goods or services through the Website we will, if so requested by the Seller, send you an order confirmation e-mail which will summarise the order.

7.5 We are not involved in the actual transaction between you and the Seller and the enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of you and the Seller (as applicable). We are not obliged to mediate between parties or enforce or execute fulfilment of any contract.

7.6 You acknowledge that your failure to fulfil your obligations under the Seller’s terms and conditions may be legally actionable by the Seller.

Force majeure

8.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.

8.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes.

General

9.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

9.2 English law is applicable to any contract made under the Terms. The English courts have exclusive jurisdiction.

9.3 If you are more than one person, each of you has joint and several obligations under the Terms.

9.4 If any of the Terms are unenforceable as drafted:

9.4.1 it will not affect the enforceability of any other of these terms; and

9.4.2 if it would be enforceable if amended, it will be treated as so amended.

9.5 Any notice which is to be served under the Terms may be served:

9.5.1 by you by leaving it at or by delivering it (by first class post) to our registered office; and

9.5.2 by us by leaving it at or by delivering it (by first class post) to the last address you have given us.

All such notices must be signed

9.6 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person who is not as party to these Terms.

9.7 Nothing in these Terms shall create, or be deemed to create, a partnership, a joint venture, a relationship of principal and agent or a relationship of employer and employee between the parties.

9.8 Any queries or comments about the Website, complaints, or objection to us making use of your personal data in the ways detailed above, should be directed to contactus@ LocalNightsOut.com