W11 NOTTING HILL TERMS AND CONDITIONS

W11 Notting Hill is a local advertising portal, local loyalty card and online magazine for independent businesses that provide goods or services to Notting Hill, London, W11.

1.0 INTRODUCTION 

Thank you for using the W11 Notting Hill platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

This page (together with the documents referred to on it) set out the terms of use on which you may make use of our website, w11nottinghill.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing or registering to use our site. Please read these terms and conditions carefully and make sure that you understand them.

1.1 By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

These terms of use refer to our Privacy Policy, which also applies to your use of our site: Our Privacy Policy [www.w11nottinghill.com/privacy-policy] sets out the terms on which we process any personal data we collect from you, or that you provide to us.

1.2 By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

1.3 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions at the time that you ordered a card from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

2.0 ABOUT US

2.1 w11nottinghill.com is a site operated by W11 Notting Hill (“We”). We are registered in England and Wales under company number 13255310 and have our registered office at 120 Saltram Crescent, Maida Vale, London, W9 3JX.

2.2 We are a multi-channel destination for people looking for ideas and suggestions on new, interesting things to do within Notting Hill, London, W11. Visitors to the site can read our ‘Little Black Book (Local W11 business directory), browse articles, watch videos register to join our W11 loyalty card. The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We want to ensure our visitors never miss a thing, inviting you to subscribe to our weekly updates or follow us on social media.

3.0 AGE REQUIREMENT

3.1 By using the site w11nottinghill.com, you warrant that you are legally capable of entering into binding contract. If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

4.0 W11 LOYALTY CARD

4.1 W11 Notting Hill membership is an ongoing subscription service and will automatically renew yearly for a £6.50 annual subscription fee. I understand that I can cancel at any time in accordance with these Terms and Conditions and that my membership will continue to renew at the end of each subsequent term until it is cancelled in accordance with the Terms and Conditions. I agree to inform W11 Notting Hill if any of my contact details change.

4.2 By becoming a member of W11 Notting Hill you confirm that you have read and agree to all of our terms and conditions and that you consent to us processing your data in accordance with our privacy policy and you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order a membership card from our site, nor become a member of our “club”.

4.3 We reserve the right to refuse membership at any time at our sole discretion.

4.4 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions at the time that you ordered a card from us unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you)

4.5 By placing an order for a W11 Notting Hill loylaty card through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

4.6 Being a cardholder of “W11 Notting Hill” entitles you to an annual membership starting from the date that your order has been accepted.

4.7 After placing an order with W11 Notting Hill you will receive an e-mail acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to become a member of the “W11 Notting Hill” club.

4.8  All orders are subject to acceptance by us, and we will confirm such acceptance to you by
sending you an e-mail that confirms that a membership card has been dispatched. The contract between us will only be formed when we send you a dispatch confirmation for your plastic membership card.

4.9 To receive a discount, a valid membership card to W11 Notting Hill must be presented at the point of sale.

A valid card is:

a) In possession of the rightful owner. W11 Notting Hill memberships are strictly non-transferable and can only be used by named members. All members will be asked to verify their membership (Only individuals with matching ID will have discounts authorised. ID includes: bank card, UK driving license, passport; and national identity cards). Attempted misuse of your card may result in confiscation.

b) Only valid up to and including the expiry date printed on the card. The expiry date of each card will vary and will always be checked. Expired cards are not accepted by participating partners and will be disposed of by the business.

4.10  We are not liable to provide a replacement membership card in the event it is dispossessed or cosmetically damaged.

4.11 The director of W11 Notting Hill and other representatives will not be liable for damages that could occur through connection with W11 Notting Hill.

4.12 The “club” is an on-going subscription service so your membership is continuous and renewed automatically at the end of each membership period. Your renewal date is the date printed on the receipt you were sent via email on the day you joined. You can cancel your membership by logging into your account or sending us an email at hello@w11nottinghill.com. This must be done no later than 7 working days before the date of expiry shown on your receipt. Please note the expiry date shown on your membership card is not the expiry date of your membership. We added 10 extra complimentary days to allow us enough time to get a renewal card out to you in the post. We reserve the right to amend the offer and prices may vary. This will not affect an order already in place and any amendments to the price will be sent in writing to the member 30 days before the subscription renews. We will not be liable for any non-communication from us, including a renewal reminder. You are required to inform us if you wish to cancel or amend your membership or you change your correspondence address (both email and postal).

4.13 You have the right to cancel your initial registration of membership with us within 14 days of your original purchase. This does not apply to subsequent renewals. From time to time certain promotions may have different requirements regarding the cancellation period. Specific cancellation policies will be detailed throughout the purchase process.

4.14 To cancel your membership, please do so via your online account or contact us at hello@w11nottinghill.com. Upon cancellation you will receive a confirmation email; it is recommended that this is kept for your own personal records.

4.15 If you cancel your annual membership within the statutory cooling off period, you will be entitled to a refund of your membership, less a pro-rata charge for the period of cover and a £1.50 administration charge, which is a genuine pre-estimate of the loss we will suffer in the event of a cancellation. Refunds will be subject to the return of your membership card and any other items dispatched as part of any promotion within 30 days of your cancellation. You will also be responsible for the cost of returning your card and promotional item (if part of the original purchase) in an unused condition and in the original packaging. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling-off period.

4.16 You will receive your membership card to W11 Notting Hill and our membership documentation within 5 working days of our confirmation of your acceptance as a member of the club.

i) Once your order has been accepted we aim to dispatch your Welcome Pack within 2 working days. If you do not receive your Welcome Pack you must contact us within 14 days to request a replacement. We reserve the right to refuse to offer a replacement card.

ii) The price of membership of the club will be as quoted on our site from time to time, except in cases of obvious error.

iii) Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.

iv) Payment must be by credit or debit card, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.

4.17 On presentation of your membership card to W11 Notting Hill, participating partners will offer a discount on your bill/receipt/invoice. Please check our website for terms and conditions applied to each individual offer.

i) Participating businesses may exclude certain days, particular products or services or members of staff. Please check our site for further details as individual partners have their own terms and exclusions to the offer.

ii) All members must announce the use of their membership to W11 Notting Hill at the initial meeting, upon making a reservation or at the earliest convenience in-store, via email or over the phone.

iii) Any purchase made or project that has commenced prior to either: you joining W11 Notting Hill or announcing the use of W11 Notting Hill will invalidate your membership for that particular offer. You cannot use your card on purchases or invoices that were initiated before the offer commenced.

iv) Offers advertised on our site are only available to members who present a valid membership card to W11 Notting Hill. Such offers are not available in conjunction with any other offers that participating business may be running. All offers are subject to availability and all partners reserve the right to refuse the sale of a product or service.

v) All offers are live and it is the member’s responsibility to double-check that the offer is still available at the time of purchase. We will use reasonable endeavours to update our site to show the particulars of participating business and the terms of their availability for participation in the club. Participating businesses may, however, be entitled to withdraw from the club or to change the terms and conditions of their availability after you have become a member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability. We ask all our partners to allow members a grace period of 7 days after the cancellation or amendment of an offer so that all members can be sure to take advantage of the offers that they have seen. This is not compulsory and all partners have the right to refuse this.

vi) Members will have the benefit of any additional businesses which join the club after the date your membership commenced.

vii) All partners reserve the right to refuse the sale of a product or a service. All offers are subject to availability.

viii) Our printed marketing material is intended as a guide of businesses who are participating at the time of publication and, therefore, may not include all participating businesses at any one time.

4.0 BUSINESSES

4.1 If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.

5.0 SITE CHANGES

5.1  W11 Notting Hill is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. We will always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

6.0 ACCESSING OUR SITE

6.1 Our site is made available free of charge for people to view. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if, for any reason, our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7.0 RESTRICTIONS

7.1 You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from W11 Notting Hill and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
3. collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person.
4. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam).
5. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
6. run contests on or through the Service that do not comply with contest policies and guidelines; or
7. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos from the Service.

8.0 ACCOUNT AND PASSWORD

8.1 If you decide to sign up to W11 Notting Hill, you agree to provide only accurate and current information. You are responsible for maintaining the confidentiality of your username and password. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@w11nottinghill.com.

9.0 CONTENT

9.1 The content on the Service includes businesses information, discounts with terms and conditions, online magazine features (such as written word articles) videos, graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), and other materials (collectively, “Content”). Content may be provided to the Service and distributed by our users and W11 Notting Hill is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, such as by violating the Community Guidelines or the law, you can report it to us.

9.2 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Where an article or video is published it is intended to provide a point of view on a subject including a health or fitness regime, a treatment or any form of investment that could affect your health, wellbeing or financial status you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

9.3 Content on W11 Notting Hill refers to the written word, videos, podcasts, playlists and interactive services. As a visitor of this site, you must not copy, distribute or resell any content from the site. You may share the content on social media, print, screengrab or email for non-commercial purposes only.

10.0 PRIVACY POLICY

10.1 Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

11.0 PARTNERED INDEPENDENT BUSINESSES

11.1 If you partner with W11 Notting Hill you agree for us to advertise your business until we receive written confirmation that you would like to cancel our partnership. To cancel your partnership, you must provide us with 7 days’ notice. Upon cancellation your business will be removed from our ‘Directory’ and we reserve the right to remove all content you have uploaded to w11nottinghill.com

11.2 If you have partnered with W11 Notting Hill, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

11.3 You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to W11 Notting Hill and other users of the Service.

11.4 By providing Content to the Service, you grant to W11 Notting Hill a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

11.5 You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

11.6 The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise.  For example, removal of Content by you does not require W11 Notting Hill to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

11.7 You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms. To remove content displayed on w11nottinghill.com please email us at hello@w11nottinghill.com

11.8 If we reasonably believe that any Content is in breach of this Agreement or may cause harm to our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability W11 Notting Hill or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, W11 Notting Hill or our Affiliates.

11.9 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than that set out above, please email us at hello@w11nottinghill.com.

12.0 PROCESSING TERMS

12.1 We will process any audio or written content uploaded by you to the Service in accordance with W11 Notting Hill’s Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities.

13.0 COPYRIGHT

13.1 W11 Notting Hill is committed to respecting copyright and other intellectual property rights. We make every effort to protect W11 Notting Hill’s copyright as well as pay attention to copyright in any third party material and will never knowingly infringe any copyright or licensing agreements with third parties. Any content commissioned for W11 Notting Hill has been done so in good faith, with explicit usage rights agreed upfront.

Please contact us in the event that you are the owner of the copyright or related rights in any of the material on this website that:

1. you believe may be subject to a third party ownership or another legal claim
2. you believe infringes your intellectual property or any other rights

We will withdraw the material from our website upon receipt of your written objection and our initial verification of your complaint, while the matter is investigated. Your objection will be acknowledged within seven working days of receipt.

In order to process your enquiry, please email us at hello@w11nottinghill.com

14.0 PERSONAL INFORMATION

14.0 At the point a user signs up to W11 Notting Hill, we collect personal information, such as: first name, last name and email addresses. Should the user sign up to W11 Notting Hill via Facebook, we will collect first name, last name, email address and Facebook profile picture by default. In addition to this, we may collect information that is public in the user’s Facebook profile, including location, age and date of birth.

15.0 COMMUNICATION

15.1 W11 Notting Hill reserves the right to send electronic mail to those who have expressed an interest in receiving further updates by signing up to receive email communications in the form of a daily/weekly email and other weekend emails. You have the right to opt out at any time via email.

16.0 ADVERTISING

16.1 You will see carefully curated advertising from third parties on w11nottinghill.com in the form of images and text. Advertising brand partners have been carefully selected by the team at W11 Notting Hill with the intention of being relevant and appropriate to W11 Notting Hill’s content and audience. Although we will never set out to shock or offend our audience, we do not accept responsibility for the imagery or copy created by the brand and used within these ads.

17.0 SPONSORED CONTENT

17.1 We accept payment to advertise some brands at prime locations on our website. Content brand partnerships have been carefully selected by the team at W11 Notting Hill with the intention of being relevant and appropriate to W11 Notting Hill’s content and audience. We won’t deceive users and will only ever provide information or comment that is, to the best of our knowledge, honest and correct. Everything we write about and recommend for our audience on our website and social channels has been done with the intention to benefit our audience and provide them with the quality and type of experience that we believe they will value and enjoy.

17.1 All content is wholly created and controlled by W11 Notting Hill and is not subject to third party approval.

18.0 AFFILIATE MARKETING

18.1 Pages of the Site may contain some contextual affiliate marketing links created by third parties. Purchases made on these third party sites are the sole responsibility of that site. Purchases made through these links may result in a commission being earned by W11 Notting Hill.

19.0 LITTLE BLACK BOOK

19.1 All businesses in the Little Black Book ‘Business Directory’ have been checked and verified at the time of listing.  W11 Notting Hill cannot be deemed responsible for errors or any consequences arising from the use or purchases of the goods and services provided by the businesses listed.

20.0 THIRD PARTY LINKS AND SITED

20.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and we do not suggest any form of association, approval or endorsement by including the links.

21.0 SHARING POLICY

You are authorised to share content you discover on w11nottinghill.com via third-party social media sites including, but not limited to, Facebook, Twitter, Tumblr, Pinterest, Instagram, Google plus, LinkedIn.

22.0 LIMITATION OF OUR LIABILITY

22.1 Nothing in these terms of use excludes any liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

22.2 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with · use of, or inability to use, our site; · or use of or reliance on any content displayed on our site.

22.3 If you are a business user, please note that in particular, we will not be liable for: · loss of profits, sales, business, or revenue; · business interruption; · loss of anticipated savings; · loss of business opportunity, goodwill or reputation; · or any indirect or consequential loss or damage.

22.4 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

22.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

22.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

27.0 COMPLAINTS

Any complaints will be treated with the utmost care and attention, please email any complaints to hello@w11nottinghill.com.

28.0 CONTACT INFORMATION

For any other queries, please email hello@w11nottinghill.com with as much detail as possible. Thank you for visiting our site.