Terms & Conditions

Website Terms and Conditions

Terms and Conditions

Last updated: July, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: United Kingdom

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Not Really Here Group Limited , Cavendish Mill (Rear Entrance) Bank Street Ashton-under-Lyne OL6 7DN .

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Not Really Here Group, accessible from https://www.notreallyheremedia.com/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://www.notreallyheremedia.com/contact-us/

Competition Terms and Conditions

1.1 Employees of Not Really Here Group Ltd, Tameside Radio, Tameside Reporter, Glossop Chronicle, Oldham Reporter, prize sponsor and/or agencies associated with our competitions and their immediate families are ineligible to enter. Any such entries will be invalid.

1.2 Not Really Here Group reserves the right to require proof of age and evidence to verify the identity of an entrant at any time.

1.3 The opening and closing date and time for entries, is as indicated on the relevant competition page. Any entries received before or after these times will be disregarded.

1.4 Unless stated otherwise only one entry per household will be accepted.

1.5 Entry to the competition must be made via the website and in accordance with the deadlines as indicated in the Competition Information.

Prizes

2.1 Only one prize per person is permissible, except where otherwise stated in the Competition Information.

2.2 The prize is as specified in the Competition Information. The winner is solely responsible for all insurance, applicable taxes and for any costs, expenses and charges not included in the prize description in the Competition Information. The prize is also subject to any terms and conditions of the manufacturer or supplier.

2.3 The process for determining the winner of the prize is randomly selected from the list of correct and valid entries. The draw will take place as soon as practical after the closing date and time.

2.4 The winner will be notified on the date the winning entry is selected or as soon as practical thereafter, or as otherwise indicated in the Competition Information. You will be contacted on the phone number provided when entering the competition. You will have a specified fixed time period in which to claim your prize, usually 30 working days unless otherwise specified in the Competition Information. This 30 day period is from the point you have been informed that the prize is available for collection. Failure to respond within the specified time period may result in forfeiture of the prize although Not Really Here Group will make reasonable efforts to contact the winner to ensure this does not happen. However, Not Really Here Group reserves the right to offer the prize to the next eligible entrant and thereafter until a winner is found.

2.5 Not Really Here Group may refuse to provide a prize, or may seek its recovery, in the event of non-entitlement under these Terms or an entrant's breach of these Terms, or the Competition Information, or fraud or dishonesty.

2.6 Not Really Here Group reserves the right in its sole discretion to withhold a prize until proof of eligibility and identity has been confirmed and to disqualify the entrant in the event this is not provided, within any period specified by Not Really Here Group.

2.7 No cash equivalent or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, Not Really Here Group reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value.

2.8 Where the prize includes a cheque, such cheque will be made payable to the name of the winning entrant in sterling. A cheque prize cannot be made payable to any third party. No other form of payment will be made.

2.8.1 In the interest of fairness, Not Really Here Group has the right to restrict prize winners to winning one prize per 30 consecutive days of the calendar year. Where this clause is enforced, prize winners will be notified in writing.

2.8.2 For cash prize winners, 28 days must be allowed for the processing of the cheque. Cash prize winners may also be required to present a valid form of identification in order to receive their prize.

Liability

3.1 Nothing in these terms and conditions restricts your statutory rights as a consumer. For more details on your statutory rights you should contact your local Trading Standards Office or Citizen's Advice Bureau.

3.2 Not Really Here Group cannot promise that the various processes involved in providing the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition at all times. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of Not Really Here Group. Not Really Here Group will not be liable to you or to any other person in the event that all or any part of these services are discontinued, modified or changed in any way.

3.3 Nothing in these terms and conditions shall exclude or limit Not Really Here Group’s liability for death or personal injury caused by their staff or supplier's negligence or for fraud.

Standard Terms

4.1 In the event that any entrant does not, or is unable to comply with these Terms and Conditions or the Competition Information, Not Really Here Group shall be entitled at its sole discretion to disqualify such entrant, without any further liability to such entrant. Entrants must comply with any directions given to them by Not Really Here Group including in relation to any and all relevant laws, rules and regulations.

4.2 Please note that calls may be recorded to ensure that competition entries are captured and for staff training and quality control purposes.

4.3 Not Really Here Group reserves the right to withdraw or amend any competition as necessary due to circumstances outside its reasonable control.

4.4 Competition winners may be required to take part in publicity activity associated with the competition. Not Really Here Group (or any third party nominated by Not Really Here Group) may exercise its sole discretion to use the winner's (and, if applicable, their companion's) name and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media without notice and without any fee being paid.

Data Protection

5.1 Information and data which is provided by entrants when they enter ("personal data") will be held and used by Not Really Here Group, and its suppliers and contractors in order to administer the competition. Entrants' personal data may also be passed to their mobile phone provider or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate and non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.

5.2 Not Really Here Group will keep prize winner(s) personal details for a reasonable time in order that prizes can be sent to the prize winner(s); rules can be verified to have been complied with and for accounting purposes. Not Really Here Group may pass prize winner(s) details on to our third parties or sponsors for the purpose of delivering the prize.

5.3 Not Really Here Group may occasionally like to send you information about its products and services by email. You have the right to stop this contact at any time by using the unsubscribe button at the bottom of each email. 

Contact Details

6.1 The promoter is Not Really Here Group Ltd, Cavendish Mill (Rear Entrance), Bank Street, Ashton-under-Lyne, OL6 7DN.  The registered address of Not Really Here Group Ltd, Cavendish Mill (Rear Entrance), Bank Street, Ashton-under-Lyne, OL6 7DN.

6.2 Any listener enquiries should be notified to Not Really Here Group on 0161 379 0261.