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Talk-traits Website Conditions of Use

The Talk-traits site is provided by British Telecommunications plc (BT) whose registered address is at 81 Newgate Street, London EC1A 7AJ, registration number 1800000.

1. Applicability and Acceptance

The following Conditions of Use (the “Conditions”) apply to anyone accessing and using Talk-traits (the “Site”), or any part of it. Please note that if you choose other services from BT once you have registered with us then you may be asked to accept other applicable terms and conditions.

2. Acceptance of Conditions of Use

By using the Site you agree to be bound by these Conditions. BT may modify these Conditions from time to time and you are therefore advised to keep up to date with any changes by regularly reviewing these Conditions.

3. Eligibility

The Site is available to you for your personal use only.

4. Access to the Site

4.1 It is your responsibility to ensure that you have an appropriate web browser or any other technical requirements in place in order to access and make use of the Site.

4.2 In using this Site, you agree to be fully responsible for all activities and for any actions that take place using your name.

5. Ownership of Content that we provide

5.1 The content of the Site is protected by copyright, trademark and other intellectual property rights as applicable.

5.2 Except for your content that you have the legitimate right to post or make available on the Site, all content on the Site is owned by BT or licensed to BT by third parties, including information, text, designs, graphics, pictures, video, photographs, applications, software, audio and other files, and their selection and presentation (“Our Content”).

5.3 You must not, without BT’s prior written consent, copy, publish, download, de-compile or modify Our Content or use any or part Our Content, unless otherwise agreed in writing by BT.

5.4 You may download or print a copy of any part of Our Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademarks, logos or other proprietary notices intact. BT reserves the right to withdraw its consent at any time.

6. Content you post on the Site

6.1 You are responsible for all content (including information, text, pictures, photographs, messages, notes, videos software, and other files or material) that you upload or post on the Site or communicate to other users through the Site. If you did not create content that you post or otherwise make available to the Site, it is your responsibility to ensure that you have the necessary consent from the owner of the content to use it on the Site.

6.2 In order to ensure that the full benefits of the Site are realised by all users BT would encourage you to upload your content as you see fit. So that others  may access and benefit from your content, BT needs to ensure that it has your permission to make your content available. You therefore agree to give BT (as providers of the Site), a non-exclusive, transferable, royalty-free, worldwide licence to use any content that you upload, post or otherwise make available on the Site. This includes blending your content with BT’s content to produce a single image for downloading.

6.3 You agree to indemnify BT against all claims and proceedings arising from infringement of any third party’s intellectual property rights as a result of content that you have posted on or made available on the Site. This indemnity does not apply to claims or proceedings arising from BT’s use of your content other than in accordance with these Conditions. BT can withdraw your content at anytime without notice.

7. User Conduct

7.1 You agree not to use the Site (or any part of it) to:

  1. act in any way that is unlawful or defamatory, in contravention of any licence, third party rights, or in contravention of any guidance that BT may give to you , and you agree to comply with BT’s Acceptable Use Policy which can be found at www.abuse-guidance.com and which may be amended by us from time to time;
  2. damage, disable, overload or affect the operation of the Site;
  3. collect email addresses or other contact information of other users from the Site by any means for the purposes of sending unsolicited emails or other unsolicited communications;
  4. solicit personal information, passwords or other personally identifying information for commercial or unlawful purposes;
  5. register yourself for more than one account, or register on behalf of another individual or group without our written consent;
  6. provide false or misleading information about yourself or your business, or create a false identity; or
  7. use or attempt to use another’s account, service or system without BT’s prior written authorisation.

7.2 BT takes any misuse of the Site very seriously indeed, and therefore you agree to take all necessary steps to make sure that you do not misuse the Site. If BT reasonably believes that you have misused the Site (or any part of it) in any way, then BT may terminate your registration, remove your content, and/or suspend or terminate your access to the Site without notice. BT will be under no obligation whatsoever to reinstate your registration or your BT Tradespace Member Site.

7.3 You agree to indemnify BT against all legal fees, damages and other expenses that we may reasonably incur as a result of any misuse of the Site (or any part of it).

7.4 If you believe that any content displayed or made available on the Site includes any of the above offences, then please let BT know through our contact page which is displayed on the Site.

8. Liability

8.1 BT accepts liability as set out in these Conditions. BT does not guarantee that the Site will be fault-free.

8.2 BT does not exclude or restricts it’s liability for death or personal injury caused by BT’s negligence or for fraudulent misrepresentation or to any extent not permitted by law.

8.3 BT has no responsibility to pay you any compensation for financial loss, for any information which is lost or corrupted, or for any loss that could not have been reasonably foreseen (expected) as a result of paragraph 3.

8.4 BT shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss or punitive damages.

8.5 BT accepts liability in contract, tort (including negligence) breach of statutory duty or otherwise for direct loss limited to £1,000 for all events in any 12 consecutive month period.

8.6 BT excludes all liability of any kind (including negligence) in respect of any third party product, services, content, or other material made available on, or which can be accessed using, the Site or the validity of the provider of such product, services, content or other materials.

8.7 Each part of this clause operates separately. If any part of a clause is held by a Court to be unreasonable or inapplicable the rest of the clause shall continue to apply.

9. Disclaimer of warranties and representations

9.1 BT excludes any and all warranties or representations whether express or implied, including without limitation any warranties or representations for merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or the accuracy or completeness of third party products, services, content or any other material made available on, or which can be accessed using, the Site, to the fullest extent permitted by law.

9.2 Although the information and test results detailed on this site have been compiled from sources believed to be reliable, BT makes no guarantee, representation, assurance or warranty, express or implied, as to, and assumes no responsibility for the correctness, sufficiency or completeness of such information or results, or of the scoring of tests detailed on this site. All tests are presented in an “as is” condition and any warranty for fitness of purpose of merchantability are hereby expressly disclaimed.

10. Suspension, withdrawal and termination

10.1 BT reserves the right to suspend or withdraw the Site at any time without notice.

10.2 BT reserves the right to suspend or terminate any member’s registration and use of the Site, including the suspension and/or termination of any BT Tradespace Member Site.

11. Personal Data

In addition to our commitments under our Privacy Policy, BT may keep any personal data that you disclose for the purposes of general trend and market analysis. It is your responsibility to ensure that you have the necessary consents if you pass on a third party’s email address to BT.

12. Changes to the Site

BT reserves the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, without notice, the Site (at any time).

13. Trademarks

The BT corporate logo is a trademark of British Telecommunications plc. All other trademarks, product names and company names or logos cited anywhere on “talktraits.co.uk” are the property of their respective owners.

14. Disputes

You are solely responsible for your interactions with other Talk-trait users. BT reserves the right to (but has no obligation to) monitor disputes between you and other users.

15. Applicable Law

These Conditions are governed by and will be interpreted in accordance with English Law and any disputes relating to these Conditions will be subject to the exclusive jurisdiction of the English Courts.

Last updated:April 2009



Terms and conditions

1. Eligibility

Entrants must be at least 18 years of age and residents of Great Britain, Channel Islands and the Isle of Man other than employees of BT, their families or its agencies. Only one entry per person.

2. Availability
One overall winner will be drawn on 18 June 2010 to win the grand prize of a holiday of a lifetime.

14 weekly prizes of free BT Anytime calls for a year will also be awarded. Winning the weekly prize will not preclude you from winning the grand prize.

3. The grand prize

The grand prize is a choice of one of the following holidays for 2 people and includes:

Magical Egyptian Pyramids

  • 2 Return economy flights from London (Gatwick or Heathrow) to Cairo
  • All fuel surcharges, passenger service charges and airport taxes
  • 5 nights accommodation at the 4* le Meridien Pyramids hotel, based on 2 people sharing a pyramid view room
  • Airport transfers to and from le Meridien Pyramids hotel
  • Breakfast daily
  • Tour of the Pyramids and Sphinx (including transfers)

 

Discover Marrakech

  • 2 Return flights from London (Gatwick or Heathrow) to Marrakech
  • All fuel surcharges, passenger service charges and airport taxes
  • Transfers to/from the hotel Riad el Cadi
  • 4 nights’ accommodation at the Riad el Cadi 4* in a standard twin or double room based on 2 people sharing
  • Breakfast daily
  • Hot air balloon flight including transfers to/from launch site

 

Shopping in New York City

  • Return flights from London  Heathrow to New York JFK
  • All fuel surcharges, passenger service charges and airport taxes
  • Transfers to/from the hotel Roosevelt
  • 3 nights’ accommodation at the Roosevelt 3* in a standard twin or double room based on 2 people sharing
  • £150 spending money for the winner

 

Stylish Retreat on the Neapolitan Riviera

  • Return flights from London Gatwick  to Naples
  • All fuel surcharges, passenger service charges and airport taxes
  • Transfers to/from the Grand Hotel De La Ville
  • 7 nights’ accommodation at the Grand Hotel De La Ville 4* in a standard twin or double room based on 2 people sharing
  • Breakfast daily
  • 3-course dinner each evening

 

The prize is valid for travel until the end of 2010 excluding bank holidays, Easter, Christmas and New Year. Travel is subject to availability and confirmation at the time of booking.

Under 18’s must be accompanied by an adult.

The Promoter reserves the right to substitute a prize of equivalent or greater value if this is necessary for reasons beyond its control. There is no cash alternative and the prize is non-transferable.

The winner will be contacted within 28 days from the closing date to book their prize.

4. Additional expenditure, insurance, and passports

Additional expenditure (personal or otherwise) and insurance are not included and are the sole responsibility of the winner. Fully comprehensive travel insurance is recommended.

It is the winner’s responsibility to ensure that the winner’s (and companion(s’)) passport(s) are valid and that they meet the entry requirements for their destination.

5. The weekly prize

Each week (from Friday 12 March until Thursday 17 June), one winner will receive 12 months’ subscription to the Unlimited Anytime Plan in the form of a credit on their BT phone bill worth £59.88. Terms and Conditions apply. BT or similar non-cable line is required.

6. Entry
Entries must be made by completing the ‘What’s your Talk-trait?’ quiz online at www.talktraits.co.uk and selecting to enter the competition on or before 17 June.

Entries that do not comply in full with all of these terms and conditions may be disqualified.

Entry via third parties will not be accepted.

7. Choosing the winner
The grand prize winner will be the first entry drawn at random by an independent person from all eligible entries on 18 June 2010.

A weekly winner will be the first entry drawn at random by an independent person from all eligible entries on the following dates: 19 March, 26 March, 1 April, 9 April, 16 April, 23 April, 30 April, 7 May, 14 May, 21 May, 28 May, 4 June, 11 June, 18 June.

Winners will be notified by telephone within 28 days of each draw date. Reasonable efforts will be made to contact a winner. If a winner cannot be contacted within a reasonable period of time (to be established at the Promoter’s sole discretion), or is unable to comply with these terms and conditions, BT reserves the right to re-draw the prize.

8. Winners’ details

A list of prize winners (name and county only) may be obtained by written request by sending an SAE to Jasmine Holland, BT Group plc, BT Centre, 81 Newgate Street, London EC1A 7AJ on or before 16 July 2010.

9. Acceptance of rules

By entering this promotion, entrants will be deemed to have read and understood, and accepted these rules and be bound by them. All decisions of BT will be final and binding. No correspondence will be entered into. No responsibility will be taken by BT for any answers that are illegible, misdirected, lost for technical or other reasons or received after the closing date, or sent in by agencies or third parties.

10. Foreclosure

The Promoter reserves the right to alter, amend or foreclose this Competition without prior notice in the event that unforeseen circumstances make this unavoidable.

11. Liability

The Promoter accepts no responsibility for any loss, damage, injury or disappointment suffered by any entrant resulting from entering this competition or by an entrant’s acceptance or use of the prize, or any damage to any entrant’s or other person’s computer or mobile phone equipment as a consequence of downloading any material relating to this promotion. The Promoter is not responsible for any Tour Operators or for the management of any hotels. Nothing shall exclude the Promoter’s liability for death or personal injury resulting from its negligence.

12. Jurisdiction

This competition is governed by the laws of England and Wales.

13. Promoter

The Promoter is British Telecommunications plc, 81 Newgate Street London EC1A 7AJ. Registered in England No. 1800000.