Buchanan Group Sites Terms of Use

Terms & Conditions - Buchanan Advertising (UK) Ltd.

The use of the Sites is subject to the following terms and conditions, the <Privacy Statement> and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Sites from time to time (together, "Terms of Use"). By using the Sites, you agree to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the Sites or you become a member of the BG community (both, "Users"). If you do not agree with any of the terms contained in the Terms of Use, do not use the Sites.

For the purposes of the Terms of Use the word "Sites" includes, without limitation:

  • this site;
  • all websites, co-branded microsites, services, or applications owned or provided by Buchanan Advertising (UK) Ltd., a company registered in England with registration number 7967367and having its registered office at 29/30 Fitzroy Square, London W1T 6LQ ("BG), and all services offered on or through www.hometesterclub.com, and other services accessible via www.hometesterclub.com or via other websites owned, operated or provided by BG;
  • all mobile phone applications and other media owned, operated or provided by BG;
  • all software offerings and applications owned or provided by BG and/or available on or through www.hometesterclub.com or other websites, mobile phone applications and other media owned, operated or provided by BG; and
  • all webpages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, marketing materials, press releases, white papers, product data sheets, and other information and content on or through or submitted on or through www.hometesterclub.com or other websites, mobile phone applications and other media owned, operated or provided by BG.

For the purposes of the Terms of Use "Related Entity" means any of Buchanan Group Holdings Pte Ltd, Buchanan Licensing Singapore Pte Ltd, Buchanan Advertising (Australia) Pty Ltd, Buchanan Advertising (Canada) Inc, and BG Advertising (Malaysia) Sdn Bhd Related Bodies Corporate and Licensees and any other BG group company which may be incorporated and/or trade from time to time.

  • Use of the Sites

    The Sites are owned, operated or provided by BG and are designed to provide a place for Users to access and share homemaker knowledge and experience through forums, articles, videos and product reviews. The information and material on the Sites is provided "as is" for general informational purposes onlyUsers access the Sites, and rely on the information and material contained in the Sites, at their own risk.

  • Membership

    To participate in certain parts of the Sites, Users must register on the Sites as a member of the BG community. Users who register as a member of the BG community must provide BG with complete and up-to-date registration information, as requested. As a User you hereby warrant that information you provide to Us is true, accurate and correct and that you shall promptly inform BG of any changes to your registration information, by updating the details in your member profile page.

    By registering on the Sites, you consent to us conducting verification and security procedures in respect of the information you provide or have provided to us during the registration process or at any time when you use the Sites.

    Access to and membership of the Sites is permitted on a temporary basis and BG may, in its sole discretion, terminate or suspend Users' membership of the BG community or access to the Sites immediately without notice for any reason, including if Users breach any of the Terms of Use, and we shall not be liable to you for any suspension or termination of a User’s membership or access to the Sites.. These Terms of Use shall remain in full force and effect while you use or access the Sites, as a registered member or general visitor of the Site. Users may terminate their membership by deactivating their membership on their member profile page. However, Users will continue to be bound by the Terms of Use for as long as they continue to use and/or access the Sites.

    Any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Use shall remain in full force and effect. Termination of these Terms of Use shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms of Use which existed at or before the date of termination.

    Users who register as members of the BG community will be issued a user-name and password (“Login Details”). Users must keep their Login Details secure and confidential, shall not use their Login Details with the intent of impersonating another person and are responsible for any activities or actions conducted under their user-name. It is therefore the User’s sole responsibility to make sure that their Login Details are kept secret and strictly confidential. BG cannot be responsible for any loss or damage that you suffer as a result of someone else accessing a User’s Login Details, unless and until BG has been notified that such activity is being engaged in without the User’s consent. Users shall promptly notify us at privacy@hometesterclub.com if there is a breach of security or any unauthorised use of their Login Details.

    BG recommends that User’s protect their equipment when accessing BG websites. BG acts reasonably in taking measures to ensure that our sites are free from viruses and defects but we cannot guarantee that use will not result in and we will not be liable for any damage to User’s hardware, software or any data associated with them.

    By subscribing for membership on this Site you are subscribing for membership encompassing each of the Sites. As a member you will be able to access each of the BG websites and enjoy the privileges of a member. Any comments you post on a BG Site may be used on any of the Sites.

  • User-posted content

    Some parts of the Sites may allow Users to submit, upload, post or transmit content or material including but not limited to text, photos, images, audio and video (including links to content or material) in any format ("Material") that may be accessed and viewed by others via the Sites. Users are solely responsible for any Material they submit to the Sites and must respect the legal rights and sensibilities of other Users.

    Users acknowledge that by submitting, uploading, posting or transmitting Material to the Sites, it does not guarantee that Material or any part thereof shall appear on the Sites and it BG shall publish or display such Material at its sole discretion.

    BG reserves the right to (but has no obligation to) review, remove, edit, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to or on the Sites in its sole discretion without notification to the User..

    By submitting, uploading, posting or transmitting Material to or on the Sites, Users:

    • grant BG a fully paid, royalty free, perpetual, transferable, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material (modified or unmodified) for the purposes of operating the Sites and providing any associated services to Users and any promotional purposes of BG and its clients (for example, BG may reproduce testimonials in promotional materials for its own use or that of its clients (which may or may not include the relevant user name));
    • consent to BG using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them which is contained in the Material for the above purposes;
    • grant other Users a royalty free, fully paid, perpetual, worldwide licence to use, copy and reproduce such Material for their own private, non-commercial use;
    • represent and warrant that they are legally entitled to submit, upload, post or transmit the Material to or on the Sites and have obtained all necessary licences, consents and approvals in relation to the Material (including intellectual property licences and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to submit, upload, post or transmit the Material on the Sites and to permit BG and Users to deal with the Material in accordance with the licences granted above without infringement or violation of any third party rights;
    • represent and warrant that they provide BG with accurate, truthful and complete registration information; and
    • f)consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

  • No liability for misuse by third parties

    BG does not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties. In particular, BG is not responsible for the infringement of the copyright in Material by other Users.

  • Conduct of Users

    Users must not submit, upload, post or transmit Material on the Sites that may reasonably be deemed to be offensive, illegal or inappropriate or that in any way:

    • contains advertising, spam or is otherwise submitted, upload, posted or transmitted for commercial purposes (except where expressly permitted by BG);
    • is about a product or service that they own or are otherwise associated with (including if they are an employee or agent of the supplier);
    • is or promotesactivities or behaviour which is offensive, unlawful, harmful, indecent, defamatory, false or misleading, untruthful or inaccurate, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;
    • contains nudity, sexual activity, swear words or excessive violence or is otherwise inappropriate as determined by BG in its sole discretion;
    • is reasonably likely to harass, advocate the harassment of or offend another User;
    • violates or infringes (or the use of which violates or infringes) the intellectual property (including without limitation any patent, trademark, trade secret or copyright) or other rights of any person or entity;
    • contains personal information of any person (such as name, address, email address, phone number), or any third parties’ likenesses except with the relevant person’s permission;
    • contains software viruses or other computer codes, files, worms or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any system data, password or other information of BC or any third party;
    • imposes or may impose (as determined by BG in its sole discretion) an unreasonable or disproportionately large load on BG’s (or its third party providers’) infrastructure; or
    • contains financial, legal, medical or other professional advice.

    Users must not use the Sites to:

    • conduct any illegal activity;
    • cause annoyance or inconvenience to any person including other Users; or
    • harvest information about Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

    Users acknowledge and agree that they shall:

    • not use the Sites, the contents of the Sites and/or do anything capable of infringing the intellectual property rights or other rights of any third parties;
    • comply with all instructions and policies that BG may provide to you from time to time in respect of the Sites; and
    • promptly co-operate with any reasonable security checks or requests for information made by BG from time to time.
  • Material posted by and communications with other Users

    BG is not responsible for, and accepts no liability with respect to, any Material submitted, uploaded, posted or transmitted on the Sites.

    The views and opinions expressed in Material posted by Users on the Sites are the views and opinions of the authors and do not necessarily represent the views or opinions of BG or its clients. BG does not endorse or support any views or opinions posted by Users on the Sites or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.

    BG do not participate in any way in nor will we be liable in any way for any communication, transaction, meet-ups or any relationship between you and other Users of the Sites. BG recommend that you take all safety precautions when contacting, socialising and engaging in any business transactions or business or social gatherings and meetings with any Users of the Sites.

  • NEW Number Membership of Home Tester Club

    If you sign up to become a home tester in the Home Tester Club, from time to time, BG may send to you samples of products (“Samples”) for you to test.

    You agree and acknowledge to the fullest extent permitted by law that:

    • BG is under no obligation to send you any Samples at any time;
    • you test the Samples at your own risk and BG has no liability to you in respect of the Samples;
    • you will not make a claim against BG for any Samples not received or received in a damaged condition; and
    • you will not sell, or attempt to sell, any of these samples to any third party.

    BG advises you not to accept the delivery of, or use, any Samples that appear damaged or tampered with in any way. In such circumstances, please contact the local Home Tester Club team using the contact details made available to you when joining the Home Tester Club OR on the Sites. In the event that Samples are returned to us undelivered for any reason, including human error, or are otherwise not delivered to you BG will be under no obligation to redeliver the Samples

  • Competitions

    BG may run competitions from time to time on the website. All competitions will be subject to the terms and conditions specific to the competition, which shall beavailable to view on the Sites from time to time. To enter the competitions you must accept the terms and conditions of the specific contest.

  • Reporting violations

    By using the Sites, Users may be exposed to Material submitted, uploaded, posted or transmitted by other Users that may be offensive, indecent or objectionable. Users agree that BG is not liable for the opinions or behaviour of other Users, including any Material they submit, upload, posted or transmit on the Sites and any defamatory statements or offensive conduct.

    Users who believe that the behaviour or Material of another User is objectionable or contrary to the Terms of Use can report the behaviour or Material to BG by using the "Report" button at the relevant place on the Sites or contacting BG (click <here > for contact details).

  • Disclaimer of warranties and representations

    Except as required by law, BG gives no express or implied warranties or guarantees, and makes no representations, in relation to the Sites. In particular, while care has been taken in creating the Sites, BG does not warrant or represent that:

    • the information or any material provided on the Sites is accurate, complete, up to date or suitable for any purpose;
    • this Sites are free from any computer viruses or other defects; or
    • User’s access to the Sites will be continuous or uninterrupted.
  • Limitation of BG’s Liability

    Use of the Sites and BG membership is provided to Users free of charge.

    Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, BG limits its liability, where it is entitled to do so, to the resupply of the relevant service, or paying the Useran amount equivalent to the cost of that resupply. BG accepts and does not limit its liability to Users in respect of the following categories:

    • death or personal injury;
    • negligent misrepresentation, fraud or fraudulent misrepresentation.

    Otherwise, to the maximum extent permitted by law, BG and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on the Sites or otherwise as a result of or in connection with the use of the Sites or any information or material provided on the Sites.

    BG shall not be responsible nor liable for any act, omission, event or delay resulting from circumstances beyond our reasonable control, including without limitation any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition or the performance or non-performance of our suppliers or subcontractors.

  • Links to third party websites

    The Sites may contain links to other websites that are not operated or controlled by BG (such as Facebook, Twitter or our clients). Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by BG.

    BG is not responsible for the content of third party websites, which are not covered by the Terms of Use. Users access those websites at their own risk. Third party websites should have their own terms which govern the use of their websites, which BG encourages Users to read.

  • Availability and Use

    Users must ensure that their access to, and use of, the Sites, is not illegal or prohibited by laws which apply to them or in their location.

    BG reserves the right to change or remove any feature of the Sites at any time.

  • Indemnity

    Users indemnify, and hold harmless, BG and its Related Entities in relation to all liabilities, loss, expenses and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by BG and its related parties as a direct or indirect result of the User acting inconsistently with or breaching any part of the Terms of Use. BG reserves the right (at its complete discretion) to assume the exclusive defence and control of any matter subject to indemnification by you in which event the user must assist and cooperate with BG in asserting any available defences.

  • Age and capability of Users

    By accessing the Sites and/or applying to register on the Sites you warrant that you are legally capable of entering into binding contracts and that you are 18 years old or above or otherwise use the Sites with parental or guardian consent and supervision.

  • Copyright

    Copyright in the material on theSites is owned by BG or its licensors.

    Users may view and download information or any part thereof from the Sites and print out that information, including without limitation a copy of these Terms of Use, but only for their own private, non-commercial use. Otherwise no part of the Sites (including any Material posted on this website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without the prior written consent of BG. Requests for consent should be directed to BG. Click <here> for contact details.

  • Intellectual Property

    We (including BG, the Related Entities and any of our other associated or affiliated companies or any third parties who have licensed its brands to BG or contributed to the Sites) ("Content Owner") own, license or have permission to use from third parties all content of the Sites. All content of the Sites remains the sole property of the applicable Content Owner and is protected under all relevant copyright, trademark and other applicable laws and Users are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by a Content Owner and from doing anything which may be seen to take unfair advantage of a Content Owner’s reputation and goodwill or could be considered an infringement of any intellectual property rights owned and/or licenced to a Content Owner.Save as otherwise permitted under these Terms of Use, nothing on the Sites should be construed as granting any license or rights to use or distribute any content of the Sites outside of the Sites, without our express written agreement of the applicable Content Owner.

  • Jurisdiction

    BG may amend these terms and conditions from time to time by posting the amended version on this website. It is your responsibility to check these terms and conditions periodically for changes. Your subsequent or continuing use of the Sites will constitute acceptance of any changes.

  • Changes to these terms and conditions

    The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of England and Wales. The User agrees to submit to the non-exclusive jurisdiction of the Courts of England and Wales in the event of a dispute arising out of, or in connection with, the Sites.

  • Complaints

    If you have any reason to believe that these Terms of Use or any part thereof have been breached, you have a complaint to make or wish to contact BG for any reason in relation to these Terms of Use, please email us at privacy@hometesterclub.com or write to us at 6th Floor, 10 Lower Thames Street, London EC3R 6EN

  • General

    If any part of the Terms of Use is or becomes void, illegal or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

    All Users shall comply with all foreign and local laws and regulations which apply to their use of the Sites in whatever country the User is physically located, including without limitation, consumer law, export control laws and regulations.

    Any failure by any party to these Terms of Use to enforce at any time a term or condition of these Terms of Use will not be considered a waiver of that party’s right thereafter to enforce each and every term and conditions of these Terms of Use.

    Nothing in these Terms of Use shall give, directly or indirectly, any third party any enforceable benefit or any right of action against BG or any Related Entity and such third parties shall not be entitled to enforce any term of these Terms of Use against BG or any Related Entity.

Privacy Collection Statement

Buchanan Advertising (UK) Ltd collects personal information about you from www.hometesterclub.com, any related Buchanan Advertising website, mobile application and social media page (each a "Website"), and as provided by you by any other means, including either physically or electronically including via completion of surveys. Personal information is collected in order to provide you with certain content, products and services including through targeted product trials and, unless you opt-out or unsubscribe, contact you in the future with information on products and services and to provide you with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future.

This Website may also collect and use passively collected anonymous information or personal information from various third party sources and may combine this anonymous information or personal information with other personal information collected from you, to provide better service to Website users, customise its Websites based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve its Websites for your use.

For the purposes described above, your information may be shared with Related Entities (and their directors, servants and agents), promotional partners and other trusted third parties, either in England or overseas, such as your age and other social demographics aligned with which product pages you have visited and which products you have commented upon. Failure to provide personal information may result in Buchanan Advertising (UK) Ltd being unable to provide you with certain content, products or services, such as the ability to receive free product for trial as part of our Home Tester Club. The Privacy Policy www.hometesterclub.com/privacy of Buchanan Advertising (UK) Ltd. contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how any complaint will be handled by Buchanan Advertising (UK) Ltd. You may contact our privacy officer with any queries via email: privacy@hometesterclub.com or mail: 6th Floor, 10 Lower Thames Street, London EC3R 6EN or telephone: +44 (0) 203 432 1634.

Updated June2014

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