Quaker Terms & Conditions
Please read this carefully.
Access to and use of www.quaker.co.uk/yourquaker (the "Site") is provided by Quaker Trading Limited ("Quaker") subject to the following terms and conditions ("Terms "). By accessing the Site you are agreeing to these Terms that appear below, whether or not you register as a user.
1. Use of Content and Linking to the Site
1.1 This Site is intended for use by residents of the United Kingdom only.
1.2 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this Site, including but not limited to text, software, sound, photographs, graphics, video, (collectively, the "Content") is protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use the Content only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of the Content is prohibited without the prior express written authorisation of / Quaker.
1.3 All Content on the Site remains the property of Quaker or its licensors.
1.4 You may retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
1.5 Except as expressly set out above, you may not reproduce, modify, store, archive or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without the prior written permission from Quaker (and neither may you allow a third party to do any of the same):
- redistribute any of the Content (including by using it as part of any library, archive or similar service); - remove the copyright or trade mark notice from any copies of Content made under these Terms; - create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
2. Information on the Site
Information in the Site is subject to change without notice. Information regarding Quaker’s products and services is applicable only in the United Kingdom unless otherwise noted. Some products and services may not be available in certain areas. Quaker makes no representations that the Content in this Site are appropriate or available for use in other countries outside the United Kingdom. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
3. Exclusion of Liability
3.1 While Quaker use reasonable efforts to include accurate and up to date information in the Site, Quaker make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including without limitation typographical
3.2 Use of and browsing in the Site is done at user's own risk. Neither Quaker nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text images, video, or audio from the Site, including without limitation damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
3.3 Quaker accepts liability without limit (i) for death or personal injury caused by the negligence of Quaker, its partners and employees acting in the course of their employment; (ii) for any fraudulent pre-contractual misrepresentations made by Quaker on which you can be shown to have relied and (iii) for any other liability which by law cannot be limited by Quaker.
4. Communication
From time to time, Quaker (and its associated companies) may ask that you transmit to the Site by electronic mail your feedback on Quaker products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Quaker, (b) become the property of Quaker and Quaker shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Quaker or its licencees & affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Quaker shall be under no obligation to respond to any such communication.
5. Privacy Policy / Data Protection Statement
Quaker takes the privacy of its users seriously.
A special note to Children
YOU MUST BE 16 YEARS OF AGE OR OLDER TO REGISTER WITH QUAKER AND/OR ITS CLEARINGHOUSES. AT THE PRESENT TIME WE MUST ASK YOU NOT TO REGISTER WITH QUAKER AND/OR ITS CLEARINGHOUSES IF YOU ARE UNDER 16 YEARS OF AGE.
A SPECIAL NOTE TO PARENTS
While Quaker prohibits registration by children under the age of 16, parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (http://www.dma.org.uk).
PRIVACY PRACTICES AND POLICIES & OUR USE OF YOUR PERSONAL INFORMATION
Your e-mail address and other personally identifying data will be known to Quaker only when you voluntarily submit such information to our websites. We may use this personal information to contact you if we change our services or terms or if we need to give you notice under those terms.
The information about your acquisition of our content and your preferences may be used to send you information that we believe may be of interest to you, such as information about products or services offered by Quaker. However, no one will send that information to you unless you opt-in to receive it at the time you register.
WITH WHOM WE SHARE YOUR INFORMATION
As a general rule, we will not disclose any personal information we collect from you without your consent. However, we may disclose personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. We may disclose user information when we believe in good faith that the law requires it.
We will not share your personal information with other third parties for marketing purposes without your consent.
We may share with others, at our discretion, certain aggregate statistical data about purchases and the use of our content, which data may include demographic data such as the age range and/or geographic location of groups of users. No personal information (such as names or email addresses) will be identifiable from such statistics.
We may transfer, sell or assign any of the information described above, including personally identifiable information, to third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Quaker.
SECURITY
Quaker strictly protects the security of your personal information and your choices for its intended use. We use current industry standard technology to maintain the confidentiality and accuracy of the information you provide to us. However, we cannot guarantee that any information you submit to us will be free from unauthorized third party intrusion.
6. Availability of Site
Whilst Quaker endeavours to ensure that the Site is normally available 24 hours a day, Quaker will not be liable if for any reason the Site is unavailable at any time or for any period. Quaker does not guarantee the functions contained in the Site will be uninterrupted or error-free, or that defects will be corrected even if Quaker is aware of them. Additionally, Quaker makes no warranty that the Site services or its server are free from infection by viruses or anything else that has contaminating or destructive properties.
7. Registration
7.1 On registration, you must provide Quaker with accurate, complete registration information and it is your responsibility to inform Quaker of any changes to that information (including in particular your e-mail address).
7.2 Each registration is for a single user only. On registration, you will choose a user name and password. Quaker does not permit any of the following:
- any other person sharing your user name and password;
- access through a single name and password being made available to multiple users on a network.
7.3 You are responsible for all use of the Site made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify Quaker immediately.
7.4 If on registration (or on amendment of your registration details) you provide Quaker with an email address that will result in any emails Quaker may send you being sent to you via a computer network operated by or on behalf of your employer or college (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that Quaker may refrain from sending you any emails to such address without notifying you, even if you have subscribed to receive them, if we receive a request from your employer or college to stop sending emails to that address.
8. Trademarks
The trademarks displayed on the Site are registered and unregistered trademarks of Quaker, its subsidiaries, affiliates and associated companies. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site. In the event that you misuse any trademark in violation of these Terms, Quaker and/or its subsidiaries and/or affiliates and/or associated companies will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
9. Links to Other Sites
9.1 This Site may link to other sites not maintained by or related to Quaker. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Quaker. Quaker has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
9.2 In the event that Quaker may, from time to time, allow for discussions, chats, postings, transmissions, bulleting board, and the like on the Site, Quaker is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmitted information nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Quaker will fully cooperate with any law enforcement authorities or court order requesting or directing Quaker to disclose the identity of anyone posting any such information or materials.
10. Changes to these Terms
Quaker reserves the right, at its discretion, to make changes to any part of the Site and its related services. Due to its policy of updating and improving the Site, Quaker may wish to change these Terms. When Terms are changed, Quaker will notify you by publishing details of those changes by including them at the end of these Terms (see "Details of Changes"). If you use the Site or related services after Quaker has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site (and should cancel your subscription to any related services).
11. Competitions and Prizes
From time to time Quaker will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time they are run.
12. Choice of Law and Jurisdiction
12.1 These Terms shall be governed by, and construed in accordance with, English law.
12.2 The courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them.
13. General
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
13.2 If any portion of these Terms is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.
13.3 Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
QUAKER'S DATA PROTECTION AND PRIVACY POLICY
Quaker complies with the Data Protection Act 1988. We follow strict security procedures in the storage and disclosure of information you have supplied to us. Personal information is collected by Quaker online to create your member profile and administrate your activities on the site as well [as for the purposes of running competitions, conducting market research surveys and providing you with information about the products and services we offer]. We collect personal information from you through the use of entry forms and every time you e-mail us your details.
We also collect information automatically about your visit to our site. The information obtained in this way, which includes demographic data and browsing patterns, is only used in aggregate form.
Use and Disclosure of personal information
We process personal information collected via the Site for the purposes of:
- running competitions
- conducting market research surveys and
- providing you with information about products and services we offer.
We do not sell, trade, or rent your personal information to others outside Quaker or its associated companies. We do not share our mailing lists with any third parties, including advertisers or partners, except where you have provided permission to do so.
If you wish to receive information about our products or services, or information from other carefully selected organisations, please tick the appropriate box on the registration form.
Like most organisations, we also use information in aggregate form (so that no individual user is identified) to share with business partners and other third parties for the purposes of :
- building up marketing profiles
- assisting strategic development and
- auditing usage of the site.
This information shows user activity as a whole rather than on an individual basis and cannot be used to individually identify you.
