Terms & Conditions
Welcome to Fylde Life website terms and conditions, use of this website constitutes acceptance of the following terms and conditions. This website is provided for the benefit of residents, businesses and organisations based within the postal code area of PR4. The website is also provided for use by the general public via the world-wide-web. If there is anything you do not understand please feel free to contact us at: info@fyldelife.co.uk
Definitions
"Conditions" means these terms and conditions: "User(s)" means (a) user(s) of the website either collectively or
individually, as the context requires; "Personal Information" means any personal details provided by you via the
website; "We/us/our" and the site means the Fylde Life Limited; "Website" means the website located at
www.fyldelife.co.uk or any subsequent URL which may replace it;
and "You/your" means you as a user of the website.
1. ACCESS
We will provide you with access to the Website in accordance with these Conditions.
2. YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance
with all relevant laws;
2.1.2 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene
or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.3 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms
or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less
efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company
(including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy)
or in any way cause upset and distress by the use of bad language, threatening behaviour, defamatory remarks
whether by written or image submission or illegal posting to the Website;
2.1.6 will not create and publish a hypertext link to any part of the Website or attempt any unauthorised access
to any part or component of the Website; and
2.1.7 agree that in the event that you have any right, claim or action against any Users arising out of that User's
use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3. INDEMNITY
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses,
costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you
or any other liabilities arising out of your use of the Website, or the use by any other person accessing the
Website using your PC or internet access account.
4. OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to
you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of
the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part thereof)
following such change shall be deemed to be your acceptance of such change. It is your responsibility to check
regularly to determine whether the Conditions have been changed. If you do not agree to any change to the
Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time
to time. You will not be eligible for any compensation because you cannot use any part of the Website or because
of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4.3 charge an appropriate fee for site services such as advertising, sponsorship, production and any other
service provision. All advertising and sponsorship listings will be only appear on the site once the appropriate
number of advertising credits have been purchased and fully paid. No refunds will be made for advertising
credits purchased. The onus is on the User to correctly purchase the required number of advertising credits.
No advertising or listing will appear on the site until full approval as to the correctness, quality, colour
and content of the copy is given by the User placing the item. The User can immediately stop any listing or
advertisement via their login section. By stopping a paid-for listing or advertisment, the item will be
withdrawn from the public view and the un-used advertising credits will be re-added to the total credit value.
No credit refunds will be given for incorrect advertising placed by Users.
5. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources.
You acknowledge and agree that we are not responsible for the availability of such external sites or resources,
and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the
content (including misrepresentative or defamatory content) of such websites, including (without limitation) any
advertising, products or other materials or services on or available from such websites or resources, nor for
any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on
any such content, goods or services available on such external sites or resources.
6. MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the Website.
We may investigate any reported violation of these Conditions or complaints and take any action that we deem
appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching
conditions to your access and/or removing any materials on the Website).
7. YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation
from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal
activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning
your activities whilst using the Website we shall do so, we also reserve the right to view, check and amend any
data, entries or messages that are held within the website database; and
7.2.2 if you agree by ticking the appropriate boxes on the registration forms, we may pass your Personal
Information or details of your use of the Website to other companies in our corporate group and selected third
parties for analysis and/or to enable them to contact you about products or services which may be of interest
to you.
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation
to any, or any threatened, court proceedings in connection with your use, or the use of anyone under your control,
of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.4 Please click [here] to view our Privacy Policy, which forms part of these Conditions.
8. INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all
material or content supplied as part of the Website shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly authorised by us.
8.2 You acknowledge and agree that the material and content contained within the Website is made available for
your personal non-commercial use only and that you may download such material and content onto only one computer
hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish,
display, distribute, commercially exploit or create derivative works of such material and content.
8.3 The Website is Copyright Fylde Life Limited, 2007.
9 NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.2 by post to The Company Secretary, Fylde Life Limited, Brynton House, Bryning Fern Lane, Kirkham PR4 2BQ 1DW
9.3 by email to info@fyldelife.co.uk or
9.4 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received
an acknowledgement from us, which will be sent within 7 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION PLACED ON THE WEBSITE,
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. In particular you agree that any
colour appearing on the site is, because of the way computers are set up, not necessarily an accurate
representation of the colour it purports to portray. Please note that this site features advertising placed by
other Users including imagery and descriptions of items for sale. You should always verify that all the
advertised information listed on the Website is correct and you sample the goods and take adequate precaution
before purchasing. You will not hold us responsible if the information is not accurate or if any particular
item is already sold. No warranty is implied or given for items or services advertised on the Website. PLEASE
TAKE THE USUAL PRECAUTIONS PRIOR TO PURCHASE. Please advise us by email if you suspect in-accuracies in
advertising copy exist.
10.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement.
Unless specified in separate terms and conditions related to a particular product or service, we make no
warranties of any kind, whether express or implied, in relation to the Website, or products or services offered
on the Website whether by us or on our behalf (including free downloads) including but not limited to, implied
warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security,
accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no
warranty that the Website or products or services offered on the Website whether by us or on our behalf
(including free downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free,
that defects will be corrected, or that the Website or the server that makes it available or products or services
offered on the Website whether by us or on our behalf (including free downloads) are free of viruses or bugs or
are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content
or material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer
under English law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security
or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website
through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other
representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website
or products or services offered on the Website whether by us or on our behalf (including free downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or
anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within
the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting
from our negligence or that of our servants, agents or employees.
11. SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any
of the remaining provisions of the Conditions.
12. WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
13. SURVIVAL
Each provision of these Conditions shall be construed as separately applying and surviving even if for any
reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to
the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters. No oral explanation or oral information given
by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation save insofar as the same has expressly been made
a representation in these Conditions and you agree that you shall have no remedy in respect of any
misrepresentation which has not become a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term
of these Conditions.
15. LAW
The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales
whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion,
to commence and pursue proceedings in alternative jurisdictions.
Fylde Life Limited website accessibility statement
Fylde Life is committed to making its websites, accessible to all users. We are currently undertaking an
extensive programme of redevelopment to ensure that this website meets recognised accessibility standards and
is tested and approved by disabled users.
If you would like further information, please contact us by e-mail at info@fyldelife.co.uk