(updated 22 February 2017)
Section A: Introduction and Preliminary Terms

This section contains information about our Site and the Encorum membership platform. It also explains how to access the Site and provides links to our policies. Our policies include those which apply to your use of the Site, and what we do with any personal information we collect as you use the Site.

  1. Welcome
    1. Welcome to Encorum located at www.encorum.co.uk (’Site’), which is owned and operated by Silver Sparkle Ltd (‘we’, ‘our’ or ’us’, as applicable).  For further information about us and our contact details, please see the Contact us section at the end of this page.
    2. We provide an online membership service to members who are at a stage in life that allows them the freedom and the time to explore new areas of interest.  Our membership service provides members with access to relevant content and information about products, events, activities and other services offered by our commercial partners and other third parties that may be of interest to them.  We research, filter and review a wide range of information and offerings to ensure that they are relevant to our subscribing members.
    3. To make these terms and conditions quicker to read, we use a few definitions.  We refer to users that are just visiting the Site to browse as ‘Visitors’, users that have subscribed and registered with us and created an account on the Site as ‘Members’ and the online services we provide to Members that have registered, as the ‘Membership Service’.
    4. These terms and conditions (‘Terms’) are organised into three sections. Those terms and conditions in Section B apply specifically to Members that subscribe to the Membership Service.  Those in this Section A and in Section C apply to all Site users, whether Members or Visitors.
    5. You will see that each section of these Terms begins with a ‘highlight’ text box which summarises the key terms in that section.  These highlights are an informal summary and do not form part of these Terms or any of the contracts made between us.
    6. We have a number of policies referred to in these Terms, including our Privacy Policy, Cookie Policy and Content Policy. They all form part of our agreement with you so please take the time to read them.
    7. Please read these Terms and the related policies carefully before you start to use the Site, as these will apply to your use of the Site and services available through it, including any Membership Service you join as well as any subscription renewals.  In particular, please read the terms relating to the limitations of our liability to you, before using this Site or purchasing a subscription.
    8. By using our Site, you confirm that you accept these Terms and that you agree to comply with them.
    9. We may revise these Terms from time to time in accordance with the provisions under ‘Changes to these Terms’ in Section C so please check these Terms regularly to ensure you understand the Terms which will apply at that time of your access or order. These Terms were most recently updated on the date of posting that appears at the top of this page.
    10. If you have any queries or concerns regarding these Terms, please contact us at contact@encorum.co.uk.
  2. Accessing and using the Site
    1. Anyone can access the Site using their web browser and internet connection.
    2. However, if you want to access the Membership Service, you will need to register as a member with us after which we will confirm your access details to an account on the Site.  For that purpose, you must be 18 years of age or older.  To register as a member, please visit the Registration page.
    3. We try to make the Site available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
  3. Your privacy and our use of cookies
    1. We take your privacy very seriously.  Please read our Privacy Policy to see how we use your personal information.
    2. Like many online services we use a feature called a ‘cookie’, which is a small data file that is sent to your browser from a web server and stored on your device’s hard drive.  References in these Terms to ‘cookies’ also include other means of automatically accessing or storing information on your device.  By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Cookie Policy, however, you may delete any of these cookies at any time if you wish.  Please see our Cookie Policy for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.
  4. Your membership account This section sets out the requirements relating to your account on the Site.
    1. Once you have registered your membership and we have activated the Membership Service for your account, you may use your login details to access your membership.
    2. You will need to use a web browser and internet connection to access and use the Membership Service. For further details regarding our Membership Service please visit the Membership Plans page.
    3. You must make sure that all the information you provide when purchasing a membership or otherwise to the Site is true, accurate, current and complete.
    4. If you change any of your registration details (e.g. name, email address or postal address) you must promptly update your account.
    5. To help us maintain the security of the Site, you must keep your registration and login details confidential.  If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email at security@encorum.co.uk.
    6. If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your registration and/or access to the Site and/or to any services or content made available via the Site.
    7. You can close your account at any time.  If you would like to do so, you can select the relevant option within your account or contact us by email at contact@encorum.co.uk.
    8. We reserve the right to delete your account and any personal data or other information associated with your use of the Site if there is no activity on your account for more than 36 consecutive months.
  5. Section B: OUR MEMBERSHIP SERVICE
    This section sets out the main terms of registering for our Membership Service. This section explains the contractual process of registering your membership including renewals, how we provide them and how we calculate the applicable charges. Our promises and limitation of liability to you in relation to those services are also set out here.

  6. Registration
    1. You may register for a free annual membership.  For a full description of the Membership Service we provide, please visit the Membership Plans page.  Please see the provisions below in this Section B for step-by-step instructions on how to register with us.
    2. We may make changes to the Membership Service at any time but will make every effort to ensure that these do not substantially and adversely affect your use of the service.
  7. Eligibility and minimum system requirements
    1. To register for the Membership Service you must:
      1. be 18 years of age, create and sign into your account on the Site after providing the registration information requested; and
    2. You will require an electronic device with internet access and a web browser installed on the device to access the Site and Membership Service.
  8. Making a Contract for the Membership Service
    1. Your registration is an agreement to enter into a contractual relationship with us.  When you register, the following steps have to take place before a contract relating to the Membership Service (‘Contract’) is made between us:
      1. after visiting the Registration page and pressing the ‘Signup’ button you then follow the steps to complete the registration process.  At the end you will also be asked to tick that you agree to our Terms.  By clicking on ‘Register My Account’ you are agreeing to enter into a contractual relationship. If you do not wish to be bound by what you read, you should not register for our Membership Service.
      2. we accept your registration and a Contract for the relating to the Membership Service is made between us at the time we make the Membership Service available to you by activating the service within your account.  We will notify you by email that your membership is active.  Accordingly, nothing that we say or do will amount to any acceptance of your offer until we actually make the Membership Service available to you, at which point a Contract will be made between us unless, prior to making the Membership Service available, we have notified you that we do not accept your registration (see paragraph 8.1 below).  We keep a record of your subscription history which you can view by logging-in to your account.
      3. your membership of the Membership Service will renew automatically unless you notify us in accordance with paragraph 9.4 of Section B. If your membership with us renews, each renewal shall constitute a separate Contract between us.
  9. Refusal of registration
    1. We reserve the right to decline your registration for any reason, without explanation.
  10. Membership period, availability and renewals
    1. The period of your membership of the Membership Service is twelve months and will start on the date we make those services available to you by activating them in your account.
    2. You will need to login to your account using your username and password to access pages that are exclusively available to our Members.
    3. We make every effort to make the Membership Service available to you at all times except during periods of routine or emergency maintenance, software upgrades or other works that in our opinion are necessary to maintain the efficient provision of the Site and any content or services provided through it, and to restore access to these services as soon as possible in the event of their interruption or suspension.
    4. Your membership of the Membership Service will renew automatically when the relevant membership period expires.  If you do not wish to renew your membership you must contact us using the details at the end of this page or notify us using the relevant option within your account at least 7 days before the date your membership period expires.  You can check this date by checking your account or by consulting the activation or renewal email provided to you at the start of your current membership period.
    5. We will send a confirmation email to you when your membership renews.
    6. We reserve the right not to renew your current membership by providing you with at least 30 days’ notice before the end of your membership period.
  11. Prices and payment
    1. The Membership Service is currently offered for free. Should we intend to introduce a different level of paid membership in the future we will notify you separately of the intended terms and conditions. You will be under no obligation to accept or register for this different type of membership.
  12. Your rights to end the Contract
    1. You can always end your Contract with us.  Your rights when you end the Contract will depend on whether there is anything wrong with the Membership Service, how we are performing the service and when you decide to end the Contract:
      1. If you want to end the Contract because of something we have done or have told you we are going to do, see paragraph 7.2;
      2. If you have just changed your mind about registering with us, see paragraph 7.3.
    2. Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out below in this paragraph 7.2, the Contract will end immediately. The reason is you have a legal right to end the Contract because of something we have done wrong. Please see further paragraph 14, Your legal rights.
    3. Our goodwill guarantee. Please note, these Terms reflect the goodwill guarantee offered by Silver Sparkle Ltd of James Cowper Kreston, Mill House, Overbridge Square, Hambridge Lane, Newbury, Berkshire, England, RG14 5UX to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights:
    Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous
    14 day period to change your mind. 30 day period to change your mind.

     

  13. How to end the Contract with us (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the Contract with us, please let us know by doing one of the following:
      1. Email. Email us at contact@encorum.co.uk.  Please provide your name, postal code, details of when you joined, your username and  your email address.
      2. Online. Complete the Cancellation Form on our Site.
      3. By post. Print off the Cancellation Form and post or email it to us at the address on the form or simply write to us at that address, including details of when you joined, and your username, name and address.
  14. Our rights to end the Contract
    1. We may end the Contract for your subscription at any time by writing to you if:
      1. you seriously breach these Terms including our Content Policy; or
      2. we decide to terminate the Membership Service.
  15. Your legal rights and contacting us regarding problems with the Subscription Service
    1. We are under a legal duty to supply our services in conformity with these Terms and nothing in these Terms will affect your legal rights. For detailed information regarding your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
    2. If you have any questions or complaints about your subscription, please contact us using the details at the end of these Terms.
  16. Our responsibility for loss or damage suffered by you in connection with a Contract
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of our Contract with you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Membership Service including the right to receive that service supplied by us with reasonable skill and care and in conformity with these Terms.
    3. We are not liable for business losses. We only supply the Membership Service for domestic and private use. If you use the service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. Separate provisions apply to our liability to you in relation to user generated content and this Site unrelated to the Subscription Service.  Our liability to you in relation to any user generated content submitted to or posted on the Site is set out under paragraph 6 in our Content Policy.  Our liability to you under these Terms (other than in connection with a Contract) is set out in paragraph 18.7 of Section C.

    Section C: General provisions
    This section sets out the terms that apply to everyone who uses the Site, including Visitors and Members. Any reference to “Site” in this Section C includes the publicly accessible parts of the Site, the Membership Service and all pages and content available through them.

  17. Content available on the Site
    1. The rules governing the use of Content available from this Site are set out in the Content Policy.  These include the rules applicable to all Members contributing comments, posts and other content to the Site, generally known as ‘user generated content’ or ‘UGC.
    2. Details about how we and others may use your UGC and how you can use their UGC are set out in the Content Policy.
    3. We do not routinely monitor UGC posted to the Site or other communications on the Site.  However, if you spot any abuse or inappropriate behaviour, please contact us as soon as possible so that we can review the posting(s) concerned and take any action necessary.
  18. Promises, liability and disclaimer
    1. The Site is provided to Visitors on an “as is” and “as available” basis.  To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and the content available through it, whether express, implied, oral or written.  In particular we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete.
    2. You agree that your access and use of the Site and its content is at your own risk.  We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the Site is used.  The content and information that we make available on the Site is provided for information only.  Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
    3. By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet.  Accordingly:
      1. we do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
      2. we are not responsible for any data or information uploaded by any Members including any content posted, uploaded or published on the Site.  It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so.
    4. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the servers that make it available.  In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines.  Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
    5. We will not be responsible or liable to any Visitors or Members browsing the pages of this Site for:
      1. any form of indirect, consequential or special loss; or
      2. any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.
    6. There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
      1. for death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; or
      3. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
    7. If we are found to be liable, our total liability in respect of all claims made against us in connection with these Terms (other than those mentioned in paragraph 18.6) is as follows:
      1. to the extent that such claims relate to any UGC submitted to or posted on the Site, our maximum liability shall be as set out in paragraph 6 of the Content Policy;
      2. to the extent that such claims relate to any Contract between us for the provision of the Subscription Service, our maximum liability shall be as set out in paragraph 16 of Section B; and
      3. in relation to any claims not mentioned above in this paragraph 18.7, our liability to you shall be limited to £100.
  19. Your obligation to compensate and reimburse us in full if you break these Terms
    1. You agree only to use the Site and Membership Service in accordance with these Terms.  You agree that you will compensate and reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise as a result of you breaking any of these Terms and/or any Contract. This includes any actions you take which disrupt access to and/or the functioning of the Site or any liability we incur as a result of the use of the Site by you and any other person that uses your account.
  20. General prohibitions on access and use of this Site
    1. You may use the Site only for lawful purposes.  You may not use the Site:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way; or
      4. to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms;
      2. not to access without authority, interfere with, damage or disrupt:
        1. a) any part of the Site;
        2. b) any equipment or network on which the Site is stored;
        3. c) any software used in the provision of the Site; or
        4. d) any equipment or network or software owned or used by any third party.
    3. You shall not carry out data mining, screen scraping or crawling of this Site, its pages or its content or use any process or processes that send automated queries to this Site unless you have obtained our prior written consent.
  21. Promotional Codes
    1. From time to time, we may make promotional codes available (‘Promotional Codes’) that can be redeemed online by entering the code into the relevant box. We may make these codes available via the Site, by email or through a third party.
    2. The availability and use of Promotional Codes may also be subject to additional terms and conditions which we will make available to you at the time of the promotion.
    3. Details of the validity period of a Promotional Code will be made available at the time of its issue.
    4. Promotional Codes cannot be exchanged for cash. We do not permit the sale, trade or purchase of Promotional Codes in any way. This also applies to Promotional Codes published by third parties.
    5. Promotional Codes cannot be used in conjunction with each other nor any other special offers or discounts.
  22. Third party software and services
    1. You acknowledge that you may need to download and activate certain software in order to use certain content provided on the Site.  This software will be clearly identified on the Site.  Certain functionality provided on the Site is provided by a third party service (for example, company registration information) and may require you to access servers and infrastructure operated by them.
    2. In order to use such third party software or services, you may have to accept the terms of a licence agreement with that third party.  You acknowledge that we have no responsibility or control over such third-party software and services or their availability.
  23. Links and third party retailers
    1. You acknowledge that the Site including the Membership Service may include links to third party websites including third party retailers.  We do not control these third party websites and we are not responsible for the websites or their content or availability.  Any orders for goods and services from those websites using links from our Site will be made with the third party retailers operating those websites and any contract for the sale of those goods and services will be made between you and the relevant third party retailer (and not us) and on that retailer’s terms and conditions (and not ours).
    2. We do not therefore endorse or make any promises about them or any content found there or any results that may be obtained from using them.
    3. If you decide to access any of these third party websites, you do so entirely at your own risk.
    4. If you use a third party website that you access from the Site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.
    5. You may only link to the Site provided that:
      1. you link to the homepage and that page is not loaded into frames on your website, unless we expressly agree;
      2. your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values; and
      3. we reserve the right to withdraw linking permission any time without prior notice.
  24. Copyright complaints
    1. We respect the intellectual property rights of others, and we prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
    2. It is our policy to comply with clear notices of alleged copyright infringement.  If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided at the end of these Terms.
    3. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others’ copyright.  Please see paragraph 4.6 for further details.
    4. Content hosted on third party websites accessible from this Site is the responsibility of those websites, and not our responsibility.  If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
  25. General complaints, feedback and requests for further information
    1. If you have any general complaints or wish to request further information about the Site, please contact us via email at contact@encorum.co.uk or by post to the address provided at the end of these terms and conditions and we will do our best to resolve these.
    2. Your feedback and suggestions about the Site are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
  26. Other important terms
    1. Written communications.  You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
    2. Language.  These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail.  Each Contract between us will be concluded in English.
    3. Our reliance on these Terms.  We intend to rely on these written Terms and any document expressly referred to in them in relation to their subject matter.  We and you will be legally bound by these Terms.
    4. References to ‘including’ and other similar expressions.  In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
    5. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and any Contract between us to another organisation.
    6. Events or circumstances beyond our reasonable control.  If we are prevented or delayed from complying with our obligations under these Terms or a Contract by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war), our inability or delay in performing our obligations will not be deemed to be in breach of contract.
    7. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms or a Contract to another person if we agree to this in writing.
    8. Nobody else has any rights under these Terms.  No person other than you and us shall have any rights to enforce any of these Terms.
    9. If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    10. Even if we delay enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    11. Which laws apply to these Terms. These Terms and any Contracts made under them are governed by English law and you can bring legal proceedings in respect of them in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms or any Contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms or any Contract in either the Northern Irish or the English courts.
    12. Alternative dispute resolution.  Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or an Owner has handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/.  IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.  In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
  27. Changes to these Terms
    1. We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Site.  Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier.  If you continue to use the Site after that period has expired, it means that you accept any such changes.
    2. Any changes to these Terms made after you purchase your subscription will not affect the terms of the Contract between us for the Subscription Services until your subscription is renewed.
  28. Contact us
    1. This Site is owned by Silver Sparkle Ltd, a company incorporated in England.  The registered office address is James Cowper Kreston, Mill House, Overbridge Square, Hambridge Lane, Newbury, Berkshire, England, RG14 5UX.

Our registered company number is 09932492 and our VAT registration number is 240301371.

Our correspondence address is 129 Wickham Heath, Newbury, England, RG20 8PG.

Tel number:         Email address: contact@encorum.co.uk

DATE OF POSTING: 22 February 2017

CONTENT POLICY

  1. Introduction
    1. This Content Policy sets out the terms for the use of content on the Site, whether the content is provided by us or submitted to the Site by you or by other Members.
    2. Your use of the Site means that you accept, and agree to abide by, this Content Policy, which supplements the Terms.
    3. Please see also paragraph 17 of Section C of our Terms, Promises, liability and disclaimer for details regarding your responsibility in respect of use of the Site.
  2. Our content
    1. All of the content on the Site is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
    2. ‘Our Content’ means any information, data or other material found on or via the Site, including without limitation text, databases, graphics, videos, software and all other features found on or via the Site (excluding any user generated content).
    3. The trade marks appearing on the Site are owned by us or our licensors including ‘Encorum’ and the Encorum logo.  No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder’s rights.
  3. Using content on the Site
    1. You are not in any circumstances permitted to:
      1. make commercial use of Our Content;
      2. breach or circumvent any laws, third party rights or our policies;
      3. copy, adapt, vary, distribute, edit, modify, translate, transpose or permanently store, in part or in whole, any of Our Content.
      4. use Our Content to compile a database of, or re-create the whole or substantial part of that content by making repeated and systematic copies of insubstantial parts of, any of that content;
      5. alter, modify or circumvent, or attempt to circumvent, any copy protection and/or digital rights management measures within the Site or its content;
      6. alter or remove any watermarks and/or acknowledgements included in any content on the Site;
      7. use the Site or its content for any illegal purpose and in particular you will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
      8. sublicense, sell or rent access to the Site or Our content;
      9. to use the Site to send, knowingly receive, upload, download, use or re-use any content which does not comply with this Content Policy;
      10. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) using the Site; or
      11. remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.
  4. Submitting content to the Site
    1. Any information, material and content which you and other users post, contribute or otherwise submit to the Site is generally known as ‘user generated content’ (‘UGC’).  Paragraphs 4.2 to 4.8 below set out the rules for contributing content, the ways in which we and other users may use your UGC, and how you can use their UGC.
    2. You agree to ensure that:
      1. any UGC that you submit or post does not contain excessive amounts of personal information about you or any other person and does not contain any sensitive personal information relating to a person’s racial or ethnic origin, political opinions, religious beliefs or other beliefs of a similar nature, trade union membership, physical or mental health or condition, sexual life, the commission or alleged commission of any offence or any proceedings for any offence committed or alleged to have been committed or the disposal of such proceedings or the sentence of any court in such proceedings.  ’Personal information’ is any information that could potentially identify an individual, such as their last name, date of birth, email or home address, information about their family or other contact information;
      2. all information that you submit or post is accurate, true and up-to-date in all respects at all times and is not misleading in any way;
      3. all UGC posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or otherwise objectionable or embarrassing to any other person; and
      4. any UGC you submit or post is not in breach of any confidentiality obligations nor of any person’s copyright and, in the case of any content that you do not own, you have permission from the copyright owner to use and to permit its use as contemplated by this Content Policy and the Terms, and by any third parties that we may authorise under the Terms.
    3. You may not:
      1. distribute or post any links, including links to websites, files or links that open or run programs;
      2. distribute or post any messages in relation to a dispute about any decision we make concerning your conduct under these Terms;
      3. distribute or post spam, in particular by sending unsolicited marketing messages or other messages to anyone, or submit or post chain letters or pyramid schemes;
      4. post or transmit any advertisements for, or solicitations of, business;
      5. distribute viruses or any other technologies that may harm the Site or the interests of any users of the Site or otherwise interfere with or disrupt our systems;
      6. except as permitted under the Terms or under this Content Policy, copy, modify or distribute our content or trade marks, or any content or trade marks owned by a third party or other users of the Site, unless you have their explicit permission;
      7. impersonate another person or otherwise misrepresent your affiliation with a person, business or company or other entity;
      8. harvest or otherwise collect or use information about others without their explicit consent;
      9. allow any other person or entity to use your log-in details or account for posting or viewing comments;
      10. continue to use the Site whilst your registration is temporarily suspended or after your registration has been permanently terminated; or
      11. engage in any other conduct that restricts or inhibits any other person from using or enjoying any area of the Site, or which, in our judgment, exposes us to any liability or detriment of any type.
    4. We reserve the right (but we are not obliged) to do any or all of the following:
      1. record the communications that are posted to us;
      2. investigate a claim that any one or more communication does not conform to the terms of this Content Policy or otherwise with the Terms and determine in our sole discretion what action to take in respect of such communication;
      3. delete without notice communications which are abusive, illegal or disruptive, or that otherwise fail to conform with this Content Policy;
      4. terminate a user’s registration with the Site;
      5. monitor, edit, or disclose any communication to the Site; and
      6. edit or remove any communications posted on the Site, regardless of whether such communications breach these Terms.
    5. Your content

    6. You own any copyright and other intellectual property rights in the UGC that you post to the Site and nothing in these Terms assigns or otherwise transfers ownership of the rights in your UGC to us or another Member.
    7. By submitting or posting any UGC to the Site, whether text or pictures or otherwise, you are promising to us and to other users that:
      1. you either own all rights (including copyright) in that UGC or that you have obtained the necessary permissions to make the UGC available through the Site in accordance with this Content Policy and that you will provide us with evidence of such permissions should we require; and
      2. you will not be infringing anyone’s rights or breaching any obligations of confidentiality or any law or regulation (including data protection and privacy laws) by contributing that UGC and by allowing it to be used in the ways described in this Content Policy.
    8. Who can use your content and how they can use it

    9. We may provide you with functionality on the Site to choose the extent to which your UGC is visible and accessible to other Members on the Site (“Controls”).  We may also include notices on certain pages of the Site so that you can identify with whom information you post will be shared and whenever any information will be published to all Members.
    10. When you contribute UGC to the Site:
      1. you are granting to us and any third parties we authorise a worldwide, non-exclusive, free licence to:
        1. a) use, copy, distribute, make available, modify, translate and display your UGC for the purposes of providing the services we make available and provide via the Site including permission to make your UGC available through the Site to other Members in accordance with your use of the Controls; and
        2. b) create, publish, rent, sell, use or otherwise exploit aggregated and/or derived data, information and reports by combining with other data, processing, changing, converting or calculating part or all of your UGC (‘Derived Data’) provided that you cannot be readily identified from the Derived Data and such data cannot be readily employed as a substitute for your UGC.  You acknowledge that we own all Derived Data and all intellectual property rights in those data shall solely vest in us;
      2. you are granting to other Members of the Site with whom you have chosen to share or disclose your UGC, or make available via the Site using the Controls, permission to use all or any part of your UGC in accordance with paragraph 4.9.
    11. Your permitted use of UGC on the Site

    12. You may view any UGC posted to the Site on the screen of your electronic device.  Any other use whatsoever (including any downloads, printing or other reproduction) of another Member’s UGC is at the sole discretion of that other Member.
    13. You must only use another Member’s UGC if you have that Member’s express permission to do so. If you are in doubt as to whether you can use or make certain uses of another Member’s UGC, please enquire with that Member before making such use.  You shall be solely responsible for your use of Members’ UGC and we will not be liable to you for any use or misuse of your UGC by other Member(s), whether on or off the Site.
  5. Suspension and termination
    1. We will determine, in our discretion, whether there has been a breach of this Content Policy, in whole or in part, through your use of the Site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.
    2. Failure to comply with this Content Policy constitutes a material breach of the Terms on which you are permitted to use the Site and may result in our taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of your right to use the Site;
      2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
      3. issue of a warning to you;
      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. further legal action against you; and
      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  6. Our liability in relation to UGC
    1. We provide the Site in good faith, but we do not warrant the truth, accuracy, integrity, quality or completeness of the information, documents or other content or postings that appear on the Site and you should not rely on them being accurate, truthful or complete.
    2. To the fullest extent permissible under applicable law we disclaim any and all promises, warranties, conditions, or representations relating to the UGC.  In particular:
      1. we are not responsible for verifying the ownership of any content posted or uploaded onto the Site; and
      2. any posting of comments or information on the Site is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us.  To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
    3. We will not be responsible or liable for any form of direct, indirect, consequential or special loss in connection with your UGC including any direct or indirect loss of profits, revenue, business, data, opportunity, goodwill, reputation or business interruption.

ENCORUM

 

MEMBERSHIP CANCELLATION FORM

 

(Complete and return this form only if you wish to withdraw from the Contract and have chosen not to cancel online or e-mail us)

 

To: Silver Sparkle Limited, 129 Wickham Heath, Newbury, RG20 8PG, England, UK

 

I/We [delete as appropriate] hereby give notice that I/we [delete as appropriate] cancel my/our [delete as appropriate] contract of sale for the supply of the following service [delete as appropriate]:

 

Ordered on/received on [delete as appropriate]: [insert date]

 

Name of consumer(s): [insert name]

 

Address of consumer(s): [insert address]

 

Signature of consumer(s) (only if this form is notified on paper),

 

 

 

Date [insert date]