User Terms and Conditions
Welcome to Radicoll.
The following terms and conditions (the "Agreement") form a binding agreement between you and Radicoll Limited (registered number 07679667 whose registered office is First Floor, 20A The Borough, Hinkley, Leicestershire LE10 1N) which is sometimes referred to as “Radicoll,” “we,” “us” or “our.” Please read this agreement carefully. It sets out the terms under which Radicoll Limited offers you use of its interactive services as defined in clause 1.1 of this agreement and this website ("the Site").By browsing, accessing or using the Site or any of Radicoll’s Services, you are agreeing to these terms, as well as our Privacy Policy (published at http://www.Radicoll.com/privacy_policy), and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.
1. Interactive Services
1.1 Radicoll Limited may make available to you chat areas, forums and/or other means by which communications, including UGC, may be made available and/or disseminated publicly on the Site; shopping and other commercial and/or transactional services; advisory services; and/or competitions and/or prize draws (all together the "Interactive Services").
1.2 The Interactive Services may be operated by third parties and where they are this will be made clear to you. Where such Interactive Services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Radicoll as a party and Radicoll cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
2. Use of the Site and the Interactive Services
2.1 The Site and the Interactive Services are for personal and non-commercial use only. You may download and print portions of the Site and/or the Interactive Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Interactive Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site and/or the Interactive Services, including UGC (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Radicoll is strictly prohibited. You also agree not to frame the Site for any purpose, unless specifically authorised by Radicoll to do so.
2.2 You agree that you shall not use the Site or the Interactive Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Radicoll's computer systems or any third party computer system; and
2.3 (a) You agree that you will not submit any material to the Site, including, without limitation, comments, reviews, ratings and material included on your Profile page (“User Generated Content” or “UGC”):
(i) that is in any way, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
(ii) in respect of which you do not have the necessary licences or approvals;
(iii) which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world;
(iv) which is or could be technically harmful;
(v) which is or may be deemed to be advertising or promotional materials including “spam” email;
(vi) which makes excessive demands for bandwidth;
(vii) which is inaccurate or misleading.
(b) You will not impersonate any person or entity when submitting UGC or misrepresent any affiliation with any person or entity.
(c) You acknowledge that Radicoll has no obligation to monitor any UGC but Radicoll has the sole discretion to modify or delete any such UGC in its sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.
(d) In the event that you are in breach of these Terms and Conditions and/or Radicoll’s Standards for UGC at any time, Radicoll may forthwith terminate any account that you have with it and you may not open another account with Radicoll and Radicoll reserves the right to terminate any such account. In the event that you continue to contravene these Terms and Conditions and/or the Standards for UGC Radicoll reserves the right to contact your employer, school or college or your internet service provider.
(e) Radicoll will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of anyone who has submitted UGC to radicoll in breach or allegedly in breach of these Terms and Conditions and/or the Standards for UGC.
(f) The Site enables users of the Site to view the Profile pages of registered users and enables registered users with Profile pages to share personal data with other registered users who have Profile pages. You agree that you will only use other users’ personal data published on the Site in accordance with the applicable laws and regulations (including, without limitation, data protection laws) and, without limitation to the other provisions of these Terms and Conditions, that you will only use other users’ personal data for lawful purposes and as expressly permitted by such other user(s).
(g) You will not access or attempt to access the accounts of other users or penetrate or attempt to penetrate Radicoll’s security measures.
(h) You acknowledge that submitting any UGC to the Site does not guarantee that the UGC or any part of it will appear on the Site. You cannot edit or remove UGC once you have submitted it to the Site. However, if you become aware of any inaccuracy in UGC submitted by you, please contact Radicoll at support@radicoll.com.
2.4 If you publish any UGC via the Interactive Services by way of contributions to chats, discussions or user reviews or comments or via your Profile page, you automatically and hereby grant to Radicoll a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such UGC into any form, medium or technology now known or hereafter developed. In addition, as between you and Radicoll, you assert and waive any and all moral rights in such UGC.
2.5 The intellectual property in all design, text, graphics and other material (other than UGC) and the selection or arrangement of such material in the Site and/or the Interactive Services is owned by Radicoll and/or its respective licensors.
2.6 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site and/or the Interactive Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Sites, the Interactive Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services and/or the UGC has been so made available for guidance only. Trinity has no responsibility or control over the contents of UGC which may not be accurate and Radicoll cannot be held liable for any contents of UGC or any consequences of you relying on it. Please be aware that any information and/or data in UGC provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any UGC. Your use of all and any information and/or data included in and/or on the Sites, the Interactive Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services and/or the UGC is therefore entirely at your own risk.
2.7 The Site and/or the Interactive Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and Radicoll is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
2.8 The onus for ensuring that material presented on the Internet is lawful rests with the original content provider, and Radicoll will not be under any obligations to limit access to material unless notified that it is unlawful or otherwise in breach of these Terms and Conditions. Notwithstanding, Radicoll shall have the right to remove any items it believes may be unlawful or otherwise in breach of these Terms and Conditions.
2.9 Radicoll is the owner of:
(a) those trade mark(s) indicated as such throughout the Site from time to time; and
(b) all other trade marks used in the Site and/or the Interactive Service which are not licensed to it by any third party.
All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
2.10 The provisions of our Privacy Policy apply in respect of your use of the Site and/or the Interactive Services.
3. Availability and Security of the Site and the Interactive Service
3.1 Due to the nature of the Internet, Radicoll does not promise full and error free operation of the Site and/or the Interactive Services at all times. All liability of Radicoll, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Interactive Services is excluded, insofar as it is possible to do so in law.
3.2 Radicoll shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on you are kept secure. However, due to the nature of the Internet, Radicoll cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that Radicoll is unable to exclude such liability by law).
4. Registration and accounts
4.1 No registration is required to view the Site but you must register to make a purchase from the Site. When you register, the personal details that you provide must be true, accurate and complete and you will keep this information up to date if it changes.
4.2 All accounts must be registered with a valid email address that you use regularly so we can contact you. There is a limit of one registered account per user and in the event that you try to register multiple accounts, we may take action to delete the additional accounts.
4.3 You will keep your password(s) confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the Site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify Radicoll immediately by email to support@radicoll.com if anyone else becomes aware of your password or if there is any unauthorised use of your account of which you become aware. Please note that you are entirely responsible if anyone else uses your password.
4.4 You will not create additional accounts for other users or for any other reason in breach of these Terms and Conditions. We may require you to revalidate your account if we believe that you have been using an invalid email address
4.5 You can cancel your registration at any time by contacting support@radicoll.com.
5. Purchase of Vouchers
5.1 Vouchers
One of the Interactive Services available via the Site are vouchers which are subject to terms and conditions and which, if purchased by you, allow you (the purchaser and anyone to whom you give the voucher/on whose behalf you buy the voucher) to redeem it from a particular Deal Provider in exchange for Voucher Products (“a Voucher”). “Voucher Products” are goods and/or services offered by a Deal Provider which are made available to you in exchange for a Voucher”. A “Deal Provider” means a third party seller of good and/or services for which a Voucher can be redeemed. A “Deal” is a time limited promotion for Voucher Products.
5.2 Eligibility to purchase Vouchers
You must be over 18 to purchase a Voucher. Vouchers are only available for purchase by people living in the UK.
5.3 Formation of the agreement between us
(a) When you go through the procedure for purchasing a Voucher, once you have confirmed your acceptance to these terms and conditions and after we have taken payment, the transaction is only complete (and a contract exists between us, for you to purchase the chosen Voucher at the offered price) when we have emailed you to confirm the purchase. You may wish to print out a copy of these Terms and Conditions and our email to you confirming the purchase as your record of the contract.
(b) This Agreement incorporates by reference the legal terms and conditions set forth on the face of each Voucher and in any FAQs relating to any Voucher or Voucher Product. In the event of any conflict between the terms and conditions expressly set forth in this Agreement and any terms and conditions set forth on either the Voucher itself or in any FAQs, these terms and conditions shall prevail. By making a purchase you are agreeing to abide by the terms and conditions set out here as well as any terms and conditions set forth on either the Voucher itself or in any FAQs.
5.4 “Tipping Point Deals and Vouchers”
(a) Where you purchase a Voucher which has a “tipping point” – that is a minimum amount of Vouchers that must be sold before that Deal is activated – we will reserve funds from your account at this time to ensure that payment can be taken successfully when the Deal reaches the required number of purchases. This is known as a "shadow" and may show on your statement as if the funds have been debited because they are unavailable for you to use, but no funds have been withdrawn at this time. Should the Deal not reach the required number of purchases, this "shadow" may, depending on your Bank, remain on your account for up to 6 working days.
(b) Once the Deal reaches the required number of purchases we will authorise our payment provider to debit the agreed funds from your account.
(c) Any Deal that does not reach the required number of purchases is void and no Voucher will be issued. Your payment information will be discarded and no funds debited from your account. We will inform you by email that the Deal in question has not reached its tipping point.
(d) Once the Deal reaches the required number of purchases and we debit your account, this is our acceptance of the transaction and our contract to provide the Voucher as advertised. We will inform you by email when this happens,
5.5 All other Deals and Vouchers
We will debit your account as soon as we have emailed you to confirm the purchase.
5.6 Redemption
Once you have purchased a Voucher, it is redeemable by you from a Deal Provider for Voucher Products provided by that Merchant. The Deal Provider and particular goods and services offered by that Deal Provider for which the Voucher can be redeemed will be stated on the Voucher.
5.7 Responsibility for providing deals
The Deal Provider and not us is the seller of the Voucher Products, is solely responsible for providing you with the Voucher Products and for the Voucher Products themselves; and solely responsible for redeeming any Voucher you purchase. As issuer of the Voucher, the Deal Provider is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Deal Provider or its products and services, including Voucher Products
5.8 Expiry dates
The Voucher must be redeemed before the expiry date on the Voucher. If you are unable to use a Voucher before the expiry date, please contact us atsupport@radicoll.com and at our sole discretion and depending on the circumstances we may give you a credit to the value of the Voucher to be used for or put towards the purchase of other Deals or we will notify you if the Deal Provider will accept the Voucher for goods and services to the value of the Voucher but not the Voucher Products.
5.9 Cancellation and refunds
(a) Once we send you the Voucher, you may cancel the transaction at any time within 7 working days from the day after the day that you receive the Voucher (where a working day is any day that is not a Saturday, Sunday or English public holiday). If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: support@radicoll.com. You cannot cancel if you have already redeemed the Voucher. Your refund will be made to the same bank account from which payment was made.
(b) In addition, you may also cancel the transaction at any time after the seven day period referred to in clause 5.9 (a) above and before the day 45 days from the day that you receive the Voucher. If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: support@radicoll.com. You cannot cancel if you have already redeemed the Voucher. Where you cancel on this basis, we will give you a credit to the value of the Voucher to be used for or put towards the purchase of other Deals.
(c) Any refund requests made after the day 45 days from the day that you receive the Voucher will be considered by us on a case-by-case basis and at our discretion but we will be under no obligation to give you a refund.
5.10 Credits
(a) In addition to credits which we may give you in relation to any expiry of any Voucher or cancellation of any transaction relating to a Voucher, we may also award you credits from time to time as loyalty rewards, in connection with competitions or promotions or otherwise as we consider appropriate
(b) Credits given in connection with a competition or promotion will expire in accordance with the terms of the particular competition or promotion. Other credits will expire one year after the date of issue. Credits are not returnable or refundable for cash, except where required by law and the sale, resale or trade of Credits is strictly prohibited. Any attempt to carry out any of these will potentially void the credits at our discretion.
5.11 Lost/stolen vouchers
Neither we nor any Deal Provider are responsible for lost or stolen Vouchers. However, if not already redeemed, lost Vouchers may be re-printed by downloading a copy of the Voucher as a PDF document from your account area of this Site. Neither we nor the Deal Provider shall be held responsible in the event that a lost Voucher is redeemed by another person and subsequently your original Voucher is refused.
5.12 Restrictions
(a) The reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion.
(b) If a Voucher is redeemed for less than its face value, there is no entitlement to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed. Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
(c) Unless otherwise stated on the Voucher, Vouchers cannot be combined with any other offers, promotions, vouchers or coupons.
5.13 Status of vouchers
All Vouchers are promotional coupons that are offered for Purchase below their face value and are subject to this Agreement and to any terms and conditions of the relevant Deal Provider. A Voucher has no cash value
5.14 Value Added Tax
Where applicable, VAT on the Deal is included in the price of the Voucher. If the law changes we reserve the right to add VAT to the price of the Vouchers.
5.15 Deal Provider terms
Deal Providers have their own applicable terms and conditions, in relation to their own supply of their goods and services, and it is your responsibility to ensure you abide by those terms and conditions.
6. Data Protection and Use of Personal Information
6.1 Your personal data will be collected and processed by Radicoll in accordance with its Privacy Policy [link] and we will only use your personal information in accordance with our Privacy Policy, which forms part of these terms.
7. Payment
The Site and the Interactive Services are currently made available without charge to you by Radicoll. However, you are responsible for all telephone charges necessary to access and use the Site and the Interactive Services which are made available.
8. Suspension and Termination
8.1 If you use (or anyone other than you, with your permission uses) the Site or the Interactive Services or a Voucher in contravention of this Agreement, we may suspend your use of the Site or the Interactive Services (in whole or in part) and/or a Voucher.
8.2 If we suspend the Site or the Interactive Services or a Voucher, we may refuse to restore the Site or the Interactive Services or Voucher until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
8.3 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Site or the Interactive Services; ii) suspend your use of the Site or the Interactive Services; iii) suspend the use of the Site or the Interactive Services for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
(a) you commit any breach of this Agreement;
(b) we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
(c) we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.4 Notwithstanding anything else in this Clause 8, we may suspend or terminate this Agreement at any time.
8.5 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9. Claims
Where a claim is brought against Radicoll by a third party in relation to your use of the Site and/or the Interactive Services and/or any UGC you agree to fully indemnify Radicoll and all companies within the Radicoll group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by Radicoll or companies within the Radicoll group in or as a consequence of:
(a) your breach of this Agreement; and/or
(b) your use of the Site and/or Interactive Services and/or any UGC which is included on the Site and/or the Interactive Services, whether or not via you password; and/or
(c) the purchase or use of any Voucher.
10. Limitation of liability
10.1 Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our negligence; or (iii) any liability which cannot be excluded or limited.
10.2 We exclude all liability in respect of:
(a) the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site or the Interactive Services or otherwise; and
(b) the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
(c) your use of any information or materials on the Site or in the Interactive Services (which is entirely at your own risk and it is your responsibility); and
(d) all Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which is Voucher may be redeemed).
10.3 Save as provided in Clause 10.1, we shall have no liability for: loss of revenue; loss of actual or anticipated profits; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise..
10.4 Save as provided in Clause 10.1, our total liability to you or any third party shall in no circumstances exceed, in aggregate, 100% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
11. Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
12. Notices
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
13. Survival
The provisions of those clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Site and/or the Interactive Services again, then the provisions of the terms and conditions that then apply will govern your re-use of the Site and/or the Interactive Services. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.
14. Third party rights
All provisions of this Agreement apply equally to and are for the benefit of us, our subsidiaries, our holding company and its affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
15. Entire agreement
This Agreement (and our Privacy Policy) and any terms and conditions set forth on either any Voucher itself or in any FAQs contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
16. Assignment
16.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Radicoll's prior written consent.
16.2 Radicoll reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Radicoll or other third party.
17. No Waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
18. Variation of Terms
Radicoll reserves the right to vary this Agreement from time to time and such changes shall become effective as soon as they are posted. Your continued use of the Site constitutes your agreement to all such changes.
19. Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.
