Terms of Use

BACKGROUND:

This agreement applies as between you, the User of this Website and The Golden Network, the owner of this Website. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms of Use, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

    In this Agreement the following terms shall have the following meanings:

    Account”

    means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

    Content

    means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

    The Golden Network

    means The Golden Network Ltd of 23 Consort House, Queensway, London, England, W2 3RX;

    Service

    means collectively any online facilities, tools, services or information that The Golden Network makes available through the Website either now or in the future;

    Services”

    means the services available to you through this Website, specifically your paid subscription membership of The Golden Network, your use of The Golden Network website, attendance of The Golden Network events, and the like;

    Payment Information”

    means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

    Purchase Information”

    means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

    Premises”

    Means our place(s) of business located at 23 Consort House, Queensway, London, England, W2 3RX;

    System

    means any online communications infrastructure that The Golden Network makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

    User” / “Users”

    means you or any third party that accesses the Website and is not employed by The Golden Network and acting in the course of their employment; and

    Website”

    means the website that you are currently using (www.thegoldennetwork.co.uk) and any sub-domains of this site unless expressly excluded by their own Terms of Use.

  2. Age Restrictions

    Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

  3. Business Customers

    These Terms of Use do apply to customers procuring Services in the course of business. If you are a Business Customer please also contact us directly for a set of terms and conditions that we provide to Business Customers.

  4. Intellectual Property

    1. Subject to the exceptions in Clause 5 of these Terms of Use, all Content included on the Website, included content uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Golden Network. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

    2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by The Golden Network.

    3. By using our website you agree that The Golden Network website and Service belongs to The Golden Network, including all intellectual and proprietary rights, unless otherwise specified. The Golden Network retains all rights, title and interest in and to The Golden Network website and Service at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.

    4. Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by The Golden Network at The Golden Network’s sole discretion; and, The Golden Network will have no obligation to you regarding any ideas or inventions that you disclose through such means. No right, title or interest in or to any trademark, service mark, logo or trade name of The Golden Network or its licensors, suppliers or affiliates is granted under these Terms of Use. All other rights are reserved to The Golden Network except as expressly provided herein. You agree not to use the The Golden Network website or Service for any purpose other than as permitted herein.

    5. License to THE GOLDEN NETWORK: by uploading files, inputting data, or engaging in any other form of communication through The Golden Network or Service, you are granting The Golden Network and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

      1. Use, copy, sub-license, adapt, transmit, retransmit, distribute and/or publicly perform or display any such communication.

      2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

    6. You also grant to The Golden Network the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Golden Network for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Golden Network.

    7. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction.

  5. Third Party Intellectual Property

    1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

    2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

  6. Fair Use of Intellectual Property

    Material from the Website may not be re-used without written permission. If you would like to use material from our website, you must obtain our express permission by emailing us at victoria.salem@thegoldennetwork.co.uk

  7. Links to Other Websites

    This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Golden Network or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  8. Links to this Website

    Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.thegoldennetwork.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Golden Network. To find out more please contact us by email at info@thegoldennetwork.co.uk or victoria.salem@thegoldennetwork.co.uk.

  9. Use of Communications Facilities

    1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

      1. You must not use obscene or vulgar language;

      2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

      3. You must not submit Content that is intended to promote or incite violence;

      4. It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

      5. The means by which you identify yourself must not violate these Terms of Use or any applicable laws;

      6. You must not impersonate other people, particularly employees and representatives of The Golden Network or our affiliates; and

      7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

    2. You acknowledge that The Golden Network reserves the right to monitor any and all communications made to us or using our System.

    3. You acknowledge that The Golden Network may retain copies of any and all communications made to us or using our System.

    4. You acknowledge that any information you send to us through our System or post on the website may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

  10. Accounts

    1. In order to procure Services on this Website and to use the website, forums, events and chat facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

      1. all information you submit is accurate and truthful;

      2. you have permission to submit Payment Information where permission may be required; and

      3. you will keep this information accurate and up-to-date.

      Your creation of an Account is further affirmation of your representation and warranty.

    2. It is recommended that you do not share your Account details, particularly your username and password. The Golden Network accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

    3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Golden Network immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, The Golden Network accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information or, in its sole discretion, The Golden Network will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
    4. When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
  11. Termination and Cancellation

    1. Either The Golden Network or you may terminate your Account. If The Golden Network terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

    2. If The Golden Network terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

    3. The Golden Network reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

    4. You have the right to cancel your order for the Services within a statutory 7 working day cooling-off period. This period begins when you receive written confirmation of your order from The Golden Network. If the provision of the Services commences within the cooling-off period, your right to cancel under this provision shall end.

    5. If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.

    6. If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.

  12. Services, Pricing and Availability

      1. Whilst every effort has been made to ensure that all descriptions of Services available from The Golden Network correspond to the actual Services, The Golden Network is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.

      2. Where appropriate, you may be required to select the required subscription Services.

      3. The Golden Network does not represent or warrant that such Services will be available. Availability indications are not provided on the Website.

      4. All pricing information on the Website is correct at the time of going online. The Golden Network reserves the right to change prices and fees and alter or remove any special offers from time to time and as necessary.

      5. In the event that prices are changed during the period between an order being placed for Services and The Golden Network processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.

      6. All prices and fees on the Website do not include VAT.

  13. Provision of Services

      1. Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

      2. The Golden Network shall use its best endeavours to provide the Services with reasonable skill and care.

      3. Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.

      4. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 7 days to inform us of the mistake. The Golden Network will ensure that any necessary corrections to the Services provided are made within 7 working days.

      5. The Golden Network reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

          1. Any use or enjoyment that you may have already derived from the Services;

          2. Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of The Golden Network.

Such discretion to be exercised only within the confines of the law.

  1. Privacy

      1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms of Use by this reference.

      2. The Website places cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms of use, you are giving consent to The Golden Network to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

      3. If you wish to opt-out of our placing cookies onto your computer or device, please click the appropriate button on the pop-up on our homepage and adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.

  2. Disclaimers

      1. The Golden Network makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

      2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

      3. No part of this Website is intended to constitute a contractual offer capable of acceptance.

      4. Whilst The Golden Network uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  3. Changes to the Service and these Terms of Use

The Golden Network reserves the right to change the Website, its Content or these Terms of Use at any time. You will be bound by any changes to the Terms of Use from the first time you use the Website following the changes. If The Golden Network is required to make any changes to Terms of Use by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website

      1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
      2. The Golden Network accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  2. Limitation of Liability

      1. To the maximum extent permitted by law, The Golden Network accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

      2. Nothing in these Terms of Use excludes or restricts The Golden Network’s liability for death or personal injury resulting from any fraud on the part of The Golden Network.

      3. Nothing in these Terms of Use excludes or restricts The Golden Network’s liability for any direct or indirect loss or damage arising out of the fraudulent provision of Services. You expressly agree that The Golden Network is not liable for any loss or damage you suffer as a result of your reliance on negligent, false, inaccurate or fraudulent representations of other members of The Golden Network, and you further agree that you will hold The Golden Network completely harmless in this regard and you will waive any claim against The Golden Network in this regard.

      4. Whilst every effort has been made to ensure that these Terms of Use adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use. This term shall apply only within jurisdictions where a particular term is illegal.

  3. No Waiver

In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms of Use

In the event of any conflict between these Terms of Use and any prior versions thereof, the provisions of these Terms of Use shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms of Use shall confer any rights upon any third party. The agreement created by these Terms of Use is between you and The Golden Network.

  1. Communications

      1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@thegoldennetwork.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

      2. The Golden Network may from time to time send you information about our products and/or services.

  2. Law and Jurisdiction

These Terms of Use and the relationship between you and The Golden Network shall be governed by and construed in accordance with the Law of England and Wales and The Golden Network and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.