Terms Of Use

1. Introduction

   1. Welcome to the red.coop website. These terms of use (together with the documents referred to in it) sets out the terms upon which you may make use of our website red.coop (our Site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our Site.
   2. Please read these terms of use carefully before you start to use our Site, as these will apply to all use of our Site. We recommend that you print a copy for future reference.
   3. By using our Site, you accept these terms of use and agree to be bound by them. If you do not agree to these terms of use, you must not use our Site.

2. Other applicable terms of use

   1. These terms of use incorporate the following additional terms of use, which also apply to your use of our Site:
      1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
      2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
      3. Our Content Policy, which sets out how content you contribute to the Site can be used by us and other users. By contributing content to the Site you are agreeing to the terms of use of this Content Policy.
      4. Our Cookie Policy, which sets out information about the cookies on our Site.

3. Information about us

   1. red.coop is a site operated by Red Co-operative Limited ("We"). We are a limited company registered in England and Wales under company number: 09069834 and have our registered office at 3 Corkland Road, Manchester, M21 8UP. Our main trading address is 3 Corkland Road, Manchester M21 8UP. Our VAT number is 1875 994 34.

4. No reliance on information

   1. Subject to clause 4.2 the Site and content (including user generated content) and services available on the Site are provided on an ‘as is’ basis. To the fullest extent permissible under applicable law and subject to paragraph 13.1, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and its content (including user generated content), whether express, implied, oral or written. In particular:
      1. We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
      2. We are not responsible for verifying the ownership of any content posted or uploaded onto the Site.
      3. Any posting of comments or information on the Site is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
      4. You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
      5. By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of use of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
         1. We do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
         2. We are not responsible for any data or information uploaded by any users or visitors including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so;
         3. Whilst we hope that you will find the websites linked to on the Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
   2. Where content (including know-how) on our Site is submitted by third party suppliers or industry bodies (“the Contributors”) and is clearly identified as being content uploaded by such Contributors (“Contributor Content”) then such content may be relied upon to the extent expressly stated in the directions for the use of the Contributor Content provided that any such directions are followed strictly.

5. Changes to these terms of use

   1. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

6. Changes to our site

   1. In respect of any content that we upload, we may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our site (whether posted by us or by users) may be out of date at any given time, and we are under no obligation to update it.

7. Accessing our site

   1. Our Site is currently made available free of charge.
   2. Anyone can access this Site. However, if you want to contribute content you will need to sign up and create an account. For that purpose, you must be 18 years of age or older [and resident within the European Union]. To create an account, please go to the account registration page.
   3. You must make sure that all the information you provide when you register with the Site is true, accurate and current and complete.
   4. If you change any of your registration details (e.g. email address, postal address), you must update your account.
   5. In the event that you have, or we have reason to believe that you have breached, or will breach these terms of use, we may terminate or suspend your registration and/or access to the Site and/or to any content made available on the Site.
   6. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms of use and conditions, and that they comply with them.
   1. Our Site is provided on an ‘as is’ basis. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

8. Your account and password

   1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
   2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. We also reserve the right to delete your account and any personal data or other information associated with your use of the Site if there is no activity on your account for more than thirty six (36) consecutive months.
   3. To help us maintain the security of the Site, you must keep your registration details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email at http://red.coop/contact.

9. Misuse of the Site

   1. We monitor the UGC on the Site, but please inform us if you spot any abusive content or inappropriate behaviour.
   2. If any content makes you feel threatened, damaged or abused in the Forum or if you believe that any content on the Site is offensive or otherwise breaches these terms of use, or suspect infringement of copyright, or have any other serious concern about activity on the site, or have a general complaint or request, please contact us.
   3. We reserve the right (but we are not obliged) to do any or all of the following for all users of any age:
      1. record the UGC (including any communications) posted or uploaded via the Site.
      2. investigate a claim that any one or more items of UGC breaches these terms of use and determine in our sole discretion to remove or request the removal of the UGC;
      3. remove without notice any UGC that contains personal information relating to any person, or that is abusive, illegal or disruptive, infringes any third party intellectual property right or that otherwise fails to conform with these terms of use whether before or after such UGC is disclosed on the Site;
      4. monitor, moderate or disclose any UGC;
      5. remove any UGC posted, uploaded or submitted by a user to appear on the Site, regardless of whether such UGC breaches these terms of use;
      6. temporarily suspend or permanently terminate your access to the Site for any reason (including for repeat copyright infringement) and at our sole discretion. The length of temporary suspensions may vary depending on the reasons for the suspension. If we suspend or terminate your access under account, and you try to access the Site via another account, we may suspend or terminate your access to that other account, too.
   4. If you disagree with a decision made by us, please contact us at http://red.coop/contact in the first instance. You must not use the contact facilities on the Site to discuss, dispute or argue about any decision we make.
   5. Any decision we make to remove or request the removal of any UGC or to terminate or suspend the account of any individual shall be final and binding. The termination or suspension of an account shall apply to any and all user accounts that may have been used by that individual, whether or not opened by that individual.

10. Indemnity

    1. You agree only to use the Site in accordance with these terms of use. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these terms of use (including as a result of any material that you post to the Site or any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.

11. Intellectual property rights

    1. All of the content on the Site, (including but not limited to text, images, brand names and logos) is owned by us or our licensors (i.e the users who have posted such content) and is protected by UK and international copyright and other intellectual property laws.
    2. None of the content on the Site may be used other than as set out in these terms of use and the Content Policy without prior written permission from us.
    3. The Site allows you to edit the UGC in accordance with the Content Policy. In such event you must make clear the modifications you have made.
    4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
    5. All intellectual property rights in the content contributed by you to the Site will be licensed for use by us and the visitors to this Site in accordance with paragraph 4 of our Content Policy.

12. Limitation of our liability

    1. There are certain liabilities which we cannot exclude by law and nothing in these terms of use excludes or limits our liability for the following:
       1. for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation; or
       2. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
    2. Subject to paragraph 13.1, if we fail to comply with these terms of use, we shall only be liable to you for an amount not exceeding £100.
    3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
       1. use of, or inability to use, our Site; or
       2. use of or reliance on any content displayed on our Site.
    4. If you are a business user, please note that in particular, we will not be liable for:
       1. loss of profits, sales, business, or revenue;
       2. business interruption;
       3. loss of anticipated savings;
       4. loss of business opportunity, goodwill or reputation; or
       5. any indirect or consequential loss or damage.
    5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
    6. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
    7. Notwithstanding clause 13, different limitations and exclusions of liability will apply to liability arising as a result of:
       1. the supply of any goods to you by suppliers who submit their products for sale on the Site which will be as set out in their terms of use and conditions of supply and you are required to check their terms of use and conditions of supply prior to ordering the goods.;
       2. the use of any Contributor Content which is used strictly in accordance with the instructions and directions for use (if any). The limitations and exclusions of liability in respect of such Contributor Content will be as set out in such content or terms of use and conditions referred to or contained in the Contributor Content.

13. Uploading content to our site

    1. Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with our Content Policy and Acceptable Use Policy.
    2. You warrant that any such contribution complies with those standards, and you will be liable to us and you will indemnify us for any breach of that warranty. If you are a consumer, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    3. Any content you upload to our site will be considered non-confidential. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a licence to use, store and copy that content and to distribute and make it available to third parties as detailed in the Content Policy.
    4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
    5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
    6. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Content Policy or Acceptable Use Policy.
    7. The views expressed by other users on our Site do not represent our views or values.

14. Viruses

    1. We do not guarantee that our Site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
    3. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

15. Linking to our site

    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link to our Site in any website that is not owned by you.
    3. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
    4. We reserve the right to withdraw linking permission without notice.
    5. The website in which you are linking must comply in all respects with the content standards set out in our Content Policy and Acceptable Use Policy.

16. Third party links and resources in our site

    1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
    2. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability. We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
    3. If you decide to access any of these third-party websites, you do so entirely at your own risk.
    4. If you use a linked site, any personal information you given them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms of use and conditions and privacy policy before you use their websites and provide any personal information.

17. Third-party software

    1. You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the Site. This software will be clearly identified on the Site.
    2. In order to use such third-party software or technology, you may have to accept the terms of use of a licence agreement with that third party. You acknowledge that we have no responsibility for or control over such third-party software and therefore assume no liability in respect of the same.

18. Copyright complaints

    1. We respect the intellectual property rights of others, and we prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
    2. It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 21.
    3. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be infringers of the copyright belonging to other individuals or organisations. Please see paragraph 7.5 for further details.
    4. Content hosted on third-party websites accessible from this Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.

19. General complaints and requests for further information

    1. If you have any general complaints or wish to request further information about the Site, please contact us via email at http://red.coop/contact or by post to 3 Corkland Road, Manchester M21 8UP and we will do our best to resolve these.

20. Written communications

    1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

21. General

    1. Severability. If any part of these terms of use is found to be unenforceable as a matter of law, all other parts of these terms of use will not be affected and shall remain in force. For the avoidance of doubt, should these terms of use or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these terms of use (including for use of your UGC).
    2. Entire Agreement. These terms of use govern our relationship with you and represent our entire agreement with you.
    3. Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these terms of use by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
    4. Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these terms of use.
    5. Waiver. If you breach these terms of use and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms of use again.
    6. Exclusion of third party rights. These terms of use do not create any right enforceable by any person who is not a party to them [or any contract made under them], except that the provisions of these terms of use may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
    7. Language. These terms of use may be presented to you in more than one language. However, the English language version of these terms of use shall prevail. The Contract between us will be concluded in English.
    8. Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these terms of use [or any contract made under them] (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. Any disputes or claims arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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