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TERMS AND CONDITIONS FOR LBC Catch Up

These terms and conditions (the "Terms") are the terms on which we provide the LBC Catch Up Subscription Service (the “Service”). Please read these Terms carefully before registering. By accessing this website (the "Site") you are agreeing to comply with the terms and conditions set out below (which shall include the Privacy Policy, the Website Terms and Conditions and (if applicable) the Competition Terms and Conditions), whether or not you register to use the Service.

The Site is owned and operated by LBC Radio Limited, a company registered in England and Wales under registration number 3143623 with its registered office address at 30 Leicester Square, London WC2H 7LA ("LBC").

You should keep a copy of these Terms for future reference.

These Terms are only available in the English language.

The information that you provide about yourself to the LBC and/or the Service will only be used by LBC and the Service in accordance with our Privacy Policy (details of which are available here Privacy Policy). The Privacy Policy does not apply to Third Party Sites (as defined below).

Please note that additional terms and conditions may apply if you enter a competition organised by LBC.

We are constantly looking for ways to improve the Site and Service. LBC reserves the right, at its discretion, to make changes to any part of the Site or these Terms for legal, regulatory or security reasons or due to a change in market conditions which severely affects our ability to provide the Service to you. When these Terms are changed, the Service will publish details of the new Terms as updated from time to time. You are therefore advised to review these Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Site, you are agreeing now to be bound by those changes and revised terms.

Terms used in this Agreement

Capitalised words and phrases in these Terms shall have the following meanings:

"Agreement" means the contract between you and us as set out in these Terms;

"Events beyond our control" means events beyond our reasonable control, including without limitation fire, storm, flood, riot, civil disturbance, war, nuclear accident, terrorist activity and Acts of God;

"Login" means any registered user name and password accepted by the Service which enables a User to have access to certain elements of the Site from time to time made available to such Users;

"we/us/our" means the LBC, including where appropriate our employees and authorised agents;

"Working Day" means a day which is not a Saturday, Sunday or a Bank Holiday in the UK; and

"User" means any person who uses the Site.

About Us

If you have any questions, complaints or comments about the Site or the Service then please contact us on podcast@lbc.co.uk.

LBC is registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner is Z8530657. If you have any queries about how we use your personal data please contact podcast@lbc.co.uk. You can read our Privacy Policy.

Access to and use of the Site

Access to and use of the Site is permitted on a temporary basis and LBC reserves the right to withdraw the Site (in whole or in part) or amend any part of it (including but not limited to content and materials on the Site and the Service made available through it), for legal, regulatory or security reasons or due to a change in market conditions which severely affects our ability to provide the Service to you.

Registration

In order to access certain features of the Site, including purchasing a subscription for the Service, you will be required to register a Login on lbc.audioagain.com.

Upon registration, you must provide LBC with accurate, complete registration information and it is your responsibility to inform LBC of any changes to that information (including in particular your valid, personal email address) by using the edit details function available on the Site.

On registration, you should choose a user name and password which will together comprise your Login. You should treat your Login as confidential and you are responsible for maintaining the confidentiality of your Login and for all activities that are carried out under the Login. Each registration is for a single user only.

LBC does not permit any of the following:-

  • any other person sharing your Login;
  • access through a single Login being made available to multiple Users on a network;
  • creation of multiple Logins by you;
  • selection or use of a Login with the intent of impersonating another person; or
  • use of the information presented on the Site for any commercial purposes.

We do not have the means to check the identities of people using the Site or the Service. You are responsible for, and will be liable to LBC for, all use of the Site made by you or anyone else using your Login and for preventing unauthorised use of your Login. You agree to notify us immediately by email to podcast@lbc.co.uk if you believe or suspect that there has been any breach of security (e.g. the disclosure, theft or unauthorised use of your Login or any payment information). We will not be liable to you or any third party for unauthorised use of your Login unless this is due to our negligence.

Your promises to us

You confirm that:

  • You will not impersonate another individual when using the Site or the Service;
  • All information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by using the edit details function available on the Site;
  • You will only use our Site or Service available through it for lawful purposes and in accordance with this Agreement; and

If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by that court.

User conduct

You will not use our Site or the Service:-

  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
  • in any way that interrupts, damages, impairs or renders the Site less efficient;
  • to transfer files that contain viruses, trojans or other harmful programs;
  • to access or attempt to access the accounts of other Users or to penetrate or attempt to penetrate the Site security measures;
  • to email or otherwise disseminate any content which is defamatory, obscene or indecent, or which infringes copyright or other rights of third parties or may have the effect of being harassing, threatening, libellous or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise or which contains any other form of illegal content;
  • to advertise or promote third party or your own products or services, including by sending or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
  • for any purpose other than your personal use; or
  • for the purpose of harming or attempting to harm minors in any way.

We reserve the right to suspend, restrict or terminate your access to the Site/Service at any time without telling you if we have reasonable grounds to believe you have breached any of these restrictions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

You are responsible for making any arrangements necessary for you to have access to the Site, including a connection to the internet.

Rights granted and rights reserved

All content and material on the Site and available via the Service including without limitation all Podcasts (the "Content") belongs to LBC and save where otherwise specified Users should assume that all Content is owned by LBC. Unless expressly stated, your use of the Site and its Content grants no rights to you in relation to our intellectual property rights (including, without limitation, podcasts, copyright trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Site/Service and its contents). You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Service, Site, Content or the computer codes of elements comprising the Site/Service other than for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of LBC's copyright and other proprietary rights. All trademarks, service marks and trade names on the Site are proprietary to LBC or its licensors.

Podcasts Service

LBC sells a subscription to LBC Catch Up via our Site (“Subscription”). Once registered on LBC’s Site, you can make an order to purchase a Subscription via the Site (your "Order").

Your Order constitutes an offer to us, to subscribe for the Service. We make a note of any Orders made by you. All Orders are subject to acceptance by us. We will send you an email acknowledging receipt of your Order. Please note that this does not constitute acceptance by us. The contract for purchase of the Subscription is formed when we send you an email containing confirmation that your Subscription is live which we will do following receipt of payment for the Subscription via World Pay.

Alternatively you can purchase a subscription to LBC Catch Up via the iTunes App store, operated under separate iTunes App Store terms and conditions. Provided you have either: (i) purchased an LBC Catch Up subscription via the iTunes App store; or (ii) purchased a Subscription from LBC; your Login can be used to access the Service both via LBC’s Site and via the LBC Catch Up App.

Prices and payment

The charge for any Subscription shall be as stated on our Site at the time you place your Order, except in the case of obvious error. The charge is inclusive of UK VAT. We try to ensure that all prices on our Site are accurate but errors may occur. If we discover an error in the price of a Subscription you have ordered before formation of a contract for purchase between us, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel no payment will be taken from you.

Payment can be made via our payment partner World Pay, by credit or debit card only.

You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

Payment will be debited from your account upon or shortly before the provision of the Subscription to you.

We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your Order.

To avoid any doubt, we sell a Subscription only. You will need to access a WiFi or other network operated by a third party, in order to access your Subscription. We are not responsible for any data charges you might incur by streaming or downloading over 3G or 4G any podcasts from our Service.

Delivery and Ownership

We shall endeavour to provide access to the Subscription to you as soon as possible after acceptance by us of your Order.

Problems with the Service

If you encounter any difficulties in the using the Service please check our Podcasts Help Page. If subsequently you cannot resolve any issue(s) you can email us at podcast@lbc.co.uk and we will try to assist you.

You have certain statutory rights. These include a right to cancel your Order within seven Working Days, beginning the day after the day on which your Subscription became live, and to receive a full refund. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights contact your local citizens Advice Bureau or Trading Standards Office.

Cancellation

We hope you will be happy with your Subscription. If not, you may ask us to cancel the Subscription by clicking here http://lbc.audioagain.com/?action=mysubscription and receive a full refund provided you do so no later than the seventh Working Day after the day on which your Subscription became live. We will refund the price of the Subscription as soon as possible and in any event no later than 30 days from the day when you tell us you wish to cancel.

Other than as described in the previous paragraph, you may cancel your Subscription at any time by clicking here http://lbc.audioagain.com/?action=mysubscription and we will cancel your Subscription but you will still be able to access the Subscription until the end of the current Subscription period and you will not be refunded for any remaining period of the current Subscription.

Emails from the podcast@lbc.co.uk team

Your use of any information contained in emails received from the LBC Catch Up Service will be subject to these Terms.

Limitation of Liability

Notwithstanding any provision of this Agreement, LBC's liabilities will not be limited in the case of death or personal injury caused by LBC's negligence, for fraud or fraudulent or negligent misrepresentation or for any other liability that cannot be excluded or limited by law.

If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the greater of (i) the amount paid by you to us for a Subscription in the previous twelve (12) months prior to any such loss being incurred by you, or (ii) one hundred pounds sterling (£100). Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement.

You agree that LBC will not be liable to you and/or any third party for:

(i) losses not caused by our breach of these Terms;

(ii) any consequential or incidental losses which are a side effect of the main loss or damage and are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example: loss of business; loss of income or revenue; lost profits or contracts;

(iii) failure to provide the Service or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control.

Advertising and sponsorship

Part of the Site may contain adverti

sing and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable law and regulation. LBC is not responsible for any error or inaccuracy in advertising material.

Notifying each other

If we need to notify you of any matter in relation to this Agreement, we will do so by email to the email address which you have given when registering (or any updated address provided by you via the edit account details page). If you need to notify us of any matter you should email podcast@lbc.co.uk.

Transfer of this Agreement

We may wish to transfer our rights or obligations or sub-contract our obligations under this Agreement to another legal entity. You agree that we may do so provided that:

  • this will not adversely affect the standard of service you receive under this Agreement; and
  • in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under this Agreement to another legal entity, your only rights under or in connection with this Agreement will be against the new legal entity and not against us.

This Agreement is personal to you. You may not transfer any of your rights or obligations under this Agreement to anyone else unless expressly stated otherwise on the Site.

Law applying to this Agreement

If you wish to take court proceedings against us you must do so within England. The relevant laws of England and Wales will apply.

General

This Agreement is not intended to give rights to anyone except you and us. This does not affect our right to transfer this Agreement as set out above.

If any term is disallowed or found to be invalid by any court or regulator having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall continue to apply.

Headings in these Terms are for convenience only and will have no legal meaning or effect.