TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WWW.ENDURANCEZONE.COM WEBSITE, OUR WWW.ENDURANCEZONEREWARDS.COM WEBSITE AND/OR OUR WWW.ENDURANCEZONETV.COM WEBSITE, AND/OR THE ENDURANCE ZONE REWARDS PLATFORM ACCESSED VIA THE WWW.ENDURANCEZONEREWARDS.COM WEBSITE
What's in these terms?
These terms tell you the rules for using our www.endurancezone.com website, our www.endurancezonerewards.com website and our www.endurancezonetv.com website (our sites), and the Endurance Zone Rewards Platform (our proprietary electronic platform that can be used to offer brand discount membership and rewards) accessed via the www.endurancezonerewards.com website (our platform).
Who we are and how to contact us
Our sites and our platform are developed and operated by ENDURANCE ZONE LTD ("we", “our” and “us”). We are registered in England and Wales under company number 10450334 and have our registered office at 11 Waterloo Place, Warwick Street, Leamington Spa, Warwickshire, CV32 5LA.
To contact us, please email [email protected]
By using any of our sites and/or our platform you accept these terms
By using any of our sites and/or our platform, you confirm that you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these terms, you must not use any of our sites and/or our platform.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These Terms of Use refer to the following additional terms, which also apply to your use of any of our sites and/or our platform:
· Our Privacy Policy. See further under How we may use your personal information below.
· Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using any of our sites and/or our platform, you must comply with this Acceptable Use Policy.
· Our Cookie Policy, which sets out information about the cookies on our sites and/or our platform.
Should you wish to be licensed to use the platform by private labelling it as a member discount portal in your own name, where platform members can redeem discounts associated with, or relating to the purchase of, your products, services and benefits, the terms and conditions of our White Label Platform License Agreement will apply to the making of any such arrangements.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use any of our sites and/or our platform, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to any of our sites and/or our platform
We may update and change any of our sites and/or our platform from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw any of our sites and/or our platform
Our sites and our platform are made available free of charge.
We do not guarantee that any of our sites and/or our platform, or any content on any of our sites and/or our platform, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of any of our sites and/or our platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access any of our sites and/or our platform through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
How you may use material on any of our sites and/or our platform
We are the owner or the licensee of all intellectual property rights in our sites and our platform, and in the material published on our sites and/or our platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from any of our sites and/or our platform for your personal use and you may draw the attention of others within your organisation to content posted on any of our sites and/or our platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on any of our sites and/or our platform must always be acknowledged.
You must not use any part of the content on any of our sites and/or our platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of any of our sites and/or our platform in breach of these Terms of Use, your right to use our sites and our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on any of our sites and/or our platform
The content on any of our sites and/or our platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on any of our sites and/or our platform.
Although we make reasonable efforts to update the information on our sites and our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on any of our sites and/or our platform is accurate, complete or up to date.
We are not responsible for websites we link to
Where any of our sites and/or our platform contain(s) links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
Our sites and our platform may include information and materials uploaded by other users, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on any of our sites and/or our platform do not represent our views or values.
If you wish to complain about content uploaded by other users, please contact us on [email protected].
Our responsibility for loss or damage suffered by you
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 and for fraud or fraudulent misrepresentation.
Please note that we only provide our sites and our platform for commercial or business purposes. As such: (i) we exclude all implied conditions, warranties, representations or other terms that may apply to any of our sites and/or our platform or any content on any of our sites and/or our platform; and (ii) we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, any of our sites and/or our platform; or (b) use of or reliance on any content displayed on any of our sites and/or our platform. In particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy
Uploading content to any of our sites and/or our platform
Whenever you make use of a feature that allows you to upload content to any of our sites and/or our platform, or to make contact with other users of any of our sites and/or our platform, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to any of our sites and/or our platform will be considered non-confidential and non-proprietary. Any such content, whether it constitutes product or service-related testimonials, submissions, or other product or service-related comments, disclosed, submitted or offered to us shall constitute an assignment to us of all worldwide right, title and interest in, to and under all copyrights and other intellectual property rights in all such content. We will own exclusively all such right, title and interest and shall not be in any way limited in its use, commercial or otherwise, of any such content.
We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any content that you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to any of our sites and/or our platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on any of our sites and/or our platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. We may also take any other action that we reasonably deem to be appropriate.
We are not responsible for viruses and you must not introduce them
We do not guarantee that any of our sites and/or our platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access any of our sites and/or our platform. You should use your own virus protection software.
You must not misuse any of our sites and/or our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to any of our sites and/or our platform, the server on which any of our sites and/or our platform is/are stored or any server, computer or database connected to any of our sites and/or our platform. You must not attack any of our sites and/or our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites and our platform will cease immediately.
Rules about linking to any of our sites and/or our platform
You may link to any of our sites and/or our platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to any of our sites and/or our platform in any website that is not owned by you.
Our sites and our platform must not be framed on any other site, nor may you create a link to any part of any of our sites and/or our platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on any of our sites and/or our platform other than that set out above, please contact [email protected].
Which country's laws apply to any disputes?
Please note that these Terms of Use, their subject matter and their formation, are governed by the laws of England. You and we both agree that the English courts will have exclusive jurisdiction.