Terms

1.       Introduction

1.1       These terms and conditions of use shall govern your use of our website, radarrules.com (the “Website”).

1.2      By using our website, you accept these terms and conditions of use in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions of use, you must not use our website.

1.3      If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions of use.

1.4     You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2.       Copyright and Trademarks notice

2.1      Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

2.2     This Website contains content, which is owned by or licensed to us (“Radar Content”). This content includes, but is not limited to, the information, design, layout, look, appearance, and graphics. All Radar Content contained in this Website is and shall remain at all times the copyright of Radar Rules.

2.3     The registered and unregistered trademarks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

3.      Permission to use website

3.1      You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website (if and when available and applicable); and

          subject to the other provisions of these terms and conditions.

3.2     Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any Radar Content material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes such as to promote our website in your capacity as an approved Radar affiliate; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website); except in the case of social media, the likes of Facebook, Twitter etc. in which case you are permitted to publish extracts in order to promote use of the radarrules.com Website;

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.      Misuse of website

4.1     You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)     use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing; or

(m)  do anything that interferes with the normal use of our website.

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.      Registration and accounts

5.1     To be eligible for a free Radar membership account on our website under this Section 5, you must be at least 18 years of age.

5.2    You may register for an account with our website by completing and submitting the account registration form on our website.

5.3    You must not allow any other person to use your account to access the website.

5.4    You must notify us in writing immediately if you become aware of any unauthorized use of your account.

5.5    You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

5.6    It is prohibited to register any person, other than yourself to the radarrules.com website.

6.      User login details

6.1     If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.

6.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3    You must keep your password confidential.

6.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

7.       Cancellation and suspension of account

7.1      We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

          at any time in our sole discretion with or without notice to you.

7.2     We may delete an account if it remains inactive for a continuous period of 18 months.

8.      Our rights to use your content

8.1     In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

8.3    You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9.      Rules about your content

9.1     You warrant and represent that your content will comply with these terms and conditions.

9.2    Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libelous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)     constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)  be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)     cause annoyance, inconvenience or needless anxiety to any person.

10.     Limited warranties

10.1    We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

10.2   We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.3   To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11.      Limitations and exclusions of liability

11.1     Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

11.2    The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a)    are subject to Section 11.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12.     Breaches of these terms and conditions

12.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

12.2   Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

13.     Variation

13.1    We may revise these terms and conditions from time to time.

13.2   The revised terms and conditions of use shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Or We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

13.3   If you have given your express agreement to these terms and conditions of use, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

14.     Assignment

14.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15.     Severability

15.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2   If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16.     Third party rights and third-party websites

16.1    A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

16.2   The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

16.3   Our Website may include links to other websites or apps owned and operated by third parties. We have no responsibility for the content of such third-party websites or apps.

16.4   We have no control over third party websites or apps and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

17.     Entire agreement                                

17.1    These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

18.     Law and jurisdiction

          These Terms  shall be governed by and construed in accordance with the laws of the United Kingdom and any dispute or claim or matter arising out of or relating to, or in connection with  or its subject matter or formation of these Terms (including non-contractual disputes or claims) shall be subject to the laws of the United Kingdom before the Courts of the UK.

19.     Data Protection

          Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

• administer the website;
• improve your browsing experience by personalizing the website;
• enable your use of the services available on the website;
• send statements and invoices to you, and collect payments from you;
• send you general (non-marketing) commercial communications;
• send you email notifications which you have specifically requested;
• send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);
• deal with enquiries and complaints made by or about you relating to the website;
• keep the website secure and prevent fraud;
• verify compliance with the terms and conditions governing the use of the radarrules.com website

We will not, without your express consent, provide your personal information   to any third parties for the purpose of direct marketing.

We may disclose your personal information to any of our employees, officers, affiliates or subcontractors insofar as reasonably necessary for the purposes set out in our Privacy Policy.

We may disclose your personal information to any member of our group of companies (this means our subsidiaries and affiliated companies) insofar as reasonably necessary for the purposes set out in our Privacy Policy.

  In addition, we may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any on-going or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) and to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this privacy policy, we will not provide your information to third parties.

• International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with our Privacy Policy.

Information which you provide may be transferred to and processed in countries which do not have data protection laws equivalent to those in force in the European Economic Area.

You expressly agree to such transfers of personal information.

You have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined in the General Data Protection Regulation or GDPR (EU) 2016/679) which we hold about you.

20.    Due Diligence

          In certain circumstances we are required by law to collect evidence of identity from our site users.  If you fail to supply any due diligence which we request, we will be unable to provide services and access to you on our site.

21.     Changes to terms of use

          We reserve the right to make changes to these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

22.    Our details

22.1   You can contact us:

(a)    using our website contact form;

(b)    by email, using the email address published on our website.

Radar Rules – For A Digital World

v1.1 – December 2022