Terms and Conditions
This Website is provided by Lovelace and Carter Ltd publishers of Libertine (“Libertine”, also referred to as “we”, “us” and “our”) whose registered office is at 62 Harwood Road, London SW6 4PZ, and is registered in England with the company number 08231189.
The services offered by Libertine through the Website include any features, content, entitlements discounts or applications offered or made available from time to time by Libertine and/or its licensors in connection with the Website (collectively, the “Services”).
“Business Day” means a day (other than a Saturday or Sunday) on which banks are open for business in London.
“User” means a Visitor.
“Website” means the website http://www.liberti.ne and any other websites or electronic media sites or services from time to time, owned or operated by Libertine as may link to these Terms and Conditions from time to time.
This Agreement sets forth the legally binding terms for your use of the Services. Only private individuals aged 18 years or over are permitted to register for use of the Website and/or to use the Services. By using the Services, and in consideration of Libertine providing the Services to you, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately.
Use of Services and additional terms
This Agreement includes Libertine’s policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions as notified to you. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate and notified to you, you agree that if you choose to participate in those Services those additional terms and conditions will be incorporated into this Agreement.
Libertine may modify this Agreement from time to time and such modification shall be effective upon posting by Libertine on the Website. We will provide a clear link within the Website to the then current Agreement. You agree to be bound by any changes to this Agreement when you access the Website or use the Services after any such modification is posted. If you do not agree to be bound by them, you should not use the Website or the Services.
By using the Services, you represent and warrant that (a) all registration and if applicable, payment information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (including your email address); (c) you are a private individual aged 18 years or older; and (d) your use of the Services does not violate any applicable law or regulation.
You acknowledge that Libertine reserves the right to charge for the Services and to change any applicable fees from time to time in its discretion. If we terminate your use of any of the Services because you have breached the Agreement or other applicable terms and conditions you shall not be entitled to a refund of any unused portion of subscription or registration fees.
Rights in Content on the Website
The Website and/or the Services contain content owned by Libertine (“Libertine Content”). The Libertine Content is protected by copyright, trademark, patent, trade secret and other laws. Libertine owns and retains all rights in the Libertine Content and the Website and the Services, with the exception of content written by Libertine100 members, which remains the copyright of those members and cannot be duplicated without their prior consent. Libertine hereby grants you a limited, revocable, non-sublicensable license to retrieve and display the Libertine Content (excluding any software code) on a computer screen solely for your personal, non-commercial use to the extent necessary to view the Website including the Libertine Content and to make reasonable use of the Services.
The Website and/or the Services contain content owned by licensors to Libertine (“Third Party Content”). You may not unless and to the extent otherwise specifically authorised by Libertine copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display Third Party Content (excluding any software code) from the Website or the Services on a computer screen solely for your personal non-commercial use to the extent necessary to view the Website including the Third Party Content and to make reasonable use of the Services.
Libertine is not responsible for any incorrect or inaccurate content posted on the Services or the Website or in connection with the Website or the Services, whether caused by the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. The Services may contain links to other websites although we are not responsible for any linked-to content. Libertine is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Libertine. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by Libertine. When you access these third-party sites, you do so at your own risk. Libertine takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers or commercial partners. Libertine assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any content provided through the Website. Libertine is not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers, computer equipment, software due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Libertine be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided “AS-IS” and as available and Libertine makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular Libertine expressly disclaims all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. Libertine cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Libertine’s liability for death or personal injury caused by its negligence.
Choice of law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement.
You agree to indemnify and hold Libertine, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or in use of the Services and/or a breach of this Agreement.
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and Libertine regarding the use of the Website and the Services. The failure of Libertine to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Competitions and Prize Draws
From time to time Libertine will run competitions, free prize draws and promotions (“Competition(s)”) on the Website. These will be subject to following terms and conditions. Competitions may be subject to additional terms that will be made available at the time.
No purchase is necessary to enter the Competition unless otherwise stated on the promotional activity with a specific Competition.
By entering the Competition, you agree that Libertine may pass your personal information to the promoters of a Competition (where it is not Libertine) and their data processors. However, we always demand that any such parties adhere to the same security procedures that we follow ourselves.
It is assumed that by entering Competitions which, if won, could result in time off work, your employer has agreed to allow you time off. When dates are specified they cannot be altered and by entering date-related Competitions Libertine or the third party are not liable in any way to any winner who cannot attend.
Competitions are not open to any employees of Libertine, the promoter or their immediate families, a Competition promoter’s advertising agency and sales promotion consultancy, or anyone else connected with the creation and administration of the Competition.
Entries in the incorrect format will not be considered.
Once entered, entries cannot be returned / withdrawn.
Unless otherwise stated only one Competition entry, fulfilling the eligibility requirements above, will be accepted per person. Spammers will be disqualified.
Entrants will be deemed to have accepted these Terms and to have agreed to be bound by them.
Once selected, only the winner(s) will be contacted personally by email using the contact details provided upon entry.
Winners will be notified on the day that the winner is selected. Winners will have 5 (five) working days to respond in full or another winner will be selected.
Libertine’s decision is final in every situation, including any not covered above and no correspondence will be entered into in respect of the validity of any such decision.
Libertine shall be permitted to exclude or disqualify any entrant at any time at its sole discretion.
Libertine reserves the right to exclude late, incomplete or multiple registrations, or registrations made by third parties or agents.
Libertine does not accept any responsibility for late or lost entries. Proof of sending is not proof of receipt.
The name of the winner(s) will be available by sending a stamped addressed envelope to Libertine Lovelace and Carter Ltd, 62 Harwood Road, London SW6 4PZ, indicating the name of the Competition.
Entry to the Competition and acceptance of the prize constitutes permission to use any entrant’s name, image and any competition entry photograph, for promotional and/or editorial purposes in any format in print and non-print media without additional consultation.
Prizes must be taken as stated and cannot be deferred although Libertine reserve the right to change the prize in the event of unforeseen circumstances. There will be no cash alternative.
Libertine reserves the right to (i) cancel and/or withdraw this Competition and/or (ii) amend these Terms, at any time without notice.
To the fullest extent permitted by applicable law, in no event will Libertine be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage or injury arising under or in connection with this Competition.
Where Libertine runs a competition with a promoter such that the promoter is responsible for the selection and/or the provision of prizes then Libertine shall not be responsible for or have any liability for the provision of such prizes.
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.
You may not assign, sub-license or otherwise transfer any of your rights under the Agreement. If any part of the Agreement is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
No third party may enforce the terms of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
We may terminate the provision of the Website or the Services or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Website and/or the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Website or the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); (3) we consider in our sole discretion that you are abusing the Services provided by the Website or are otherwise acting in breach of the Agreement.
As this is a shared service with other Users, you agree that if the demand for the Services provided by the Website is in excess of our ability to meet the capacity, we may either share the capacity among all Users or we may give you notice by e-mail that the provision of the Website will terminate. Any such termination will not affect your accrued liabilities incurred prior to any such termination.
We may change, suspend or discontinue any aspect of the Website and/or Services at any time including the availability of any feature of or other content in the Website.
We reserve the right to offer the Website and/or Services only to residents of certain territories. We may terminate registrations of anyone who is not a resident of those territories.
Where you have purchased your subscription to the Website through a third party platform or device owner different commencement and cancellation provisions may apply as may be notified to you by that third party at the time of purchase. Your dealings with any third party platform or device owners and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.
What information do we collect?
We collect information from you when you place an order or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or mailing address. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To process transactions – Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To send periodic emails – The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
Payments are processed through trusted payment gateways such as PayPal. At no stage do we store your personal financial information on our servers.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, unless you have indicated that this is permissible. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.