Thursday 21 September 2017

Terms and Conditions

  1. Tell The Telegraph ("the Panel") is managed and powered by Maru/edr of The Hub, Berrywood Business Village, Tollbar Way, Hedge End, Southampton, SO30 2UN, Company No. 5424597 ("eDR") on behalf of Telegraph Media Group Limited of 111 Buckingham Palace Road, London, SW1W 0DT ("Telegraph Media Group") and is hosted on www.tellthetelegraph.co.uk ("the Website"). By agreeing to become a member of the Panel ("a Member") You agree to be party to an agreement with Telegraph Media Group and to be bound by these Terms and Conditions ("Terms").
  2. Telegraph Media Group may amend these Terms at any time by posting changes online. As a Member it is Your responsibility to review these Terms regularly to ensure you are aware of any changes made by Telegraph Media Group. Your continued contribution to the Panel after changes are posted means You have agreed to be bound by these Terms as updated and/or amended.
  3. Membership of the Panel entitles You to the benefit of various incentives including prize draws, offers and promotions which may be provided from time to time by or on behalf of Telegraph Media Group. Additional terms and conditions will apply to such incentives, and You should monitor the Website from time to time for details. Details of these incentives may also be emailed direct to You. Should You win a prize eDR may provide Telegraph Media Group with Your contact details in order to arrange delivery. Prize winner’s usernames and prize details will be published on the Winners page of the website. Please rest assured that no other details will be shown. Where members have used their email address as their username, should they win a prize their username will be shown in an abbreviated form.

Use of this website

  1. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or otherwise use this Website content in any way except for Your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of this Website content except for Your own personal, non-commercial use. Any other use of the Website content requires the prior written permission of Telegraph Media Group.
  2. You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of any other party or restrict or inhibit anyone else's use and enjoyment of the Website.
  3. You must be at least 16 years of age to register with the Panel.
  4. You undertake that all information you give in relation to the Website will be as accurate as possible. Providing false information could lead to Your being disqualified from the Panel.
  5. You will be responsible for ensuring that any and all details provided by You to eDR (including your email address) are kept up-to-date and correct. Failure to do so could result in Your being excluded from the Panel.
  6. You will receive regular questionnaires as a Panel member. Your participation on all questionnaires outside the registration survey is voluntary and You may end Your participation at any time. You can unsubscribe from the Panel at any time by visiting the Website or by using the link in email survey invitations.
  7. Telegraph Media Group and eDR may edit, remove or delete any message or content that they consider to contravene these Terms, be unlawful in any respect or be otherwise objectionable and have the right (but not the obligation) in their sole discretion to delete, lock, move or remove any such content and/or to edit it provided such editing does not alter the substance of its meaning.
  8. Members may at the sole discretion of Telegraph Media Group and eDR and each of them be suspended or deleted from the Panel without notice for any contravention of these Terms or for any other reason. There is no right of appeal against this decision.

Disclaimers and Limitation of Liability

  1. The content of the Website, including the information, names, images, pictures, logos and icons regarding or relating to Telegraph Media Group its products and services (or to third party products and services), is provided without any representation or warranty on the part of Telegraph Media Group (whether express or implied).
  2. Under no circumstances will Telegraph Media Group be liable for any loss or damage whether foreseen, foreseeable, known or otherwise sustained by You in connection with Your membership of the Panel.
  3. Telegraph Media Group does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

Intellectual Property

  1. The names, images and logos identifying Telegraph Media Group or third parties and their products and services are or may be subject to copyright, design rights and trade marks of Telegraph Media Group or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Telegraph Media Group or any other third party.

Contributions to the Panel

  1. Where You are invited to submit any contribution to the Website (including any text, photographs, graphics, video or audio) You agree by submitting your contribution to grant to Telegraph Media Group a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to Your contribution worldwide and/or to incorporate Your contribution in other works in any media now known or later developed for the full term of any rights that may exist in Your contribution, and in accordance with privacy restrictions set out in Telegraph Media Group's Privacy Policy. If You do not want to grant to Telegraph Media Group the rights set out above, please do not submit Your contribution to the Website.
  2. Further to paragraph 16, by submitting your contribution to the Website, you:
  3. Warrant that Your contribution:
    1. is Your own original work and that You have the right to make it available to Telegraph Media Group for all the purposes specified above;
    2. is not defamatory; and
    3. does not infringe any law; and
  4. Undertake to indemnify Telegraph Media Group against all legal fees, damages and other expenses that may be incurred by Telegraph Media Group as a result of your breach of the above warranty; and
  5. Waive any moral rights in Your contribution for the purposes of its submission to and publication on the Website and the purposes specified above.
  6. In participating in the Panel, You agree not to:
    1. use the Website to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise, post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
    2. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
    3. use any information or material in any manner that infringes the copyright, trade mark, patent or other proprietary right of any party;
    4. make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
    5. upload pictures with content that is likely to be deemed to be undesirable or offensive by Telegraph Media Group;
    6. advertise or offer to buy or sell goods or services for any commercial purpose.

General

  1. If there is any conflict between these terms and specific terms appearing elsewhere on the Website then the latter shall prevail.
  2. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
  3. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.

Data protection

  1. In these Terms the terms 'processing', 'personal data', 'data controller' and 'data processor' shall bear the same meanings as set out in the Data Protection Act 1998 and any superseding or amending legislation ("DPA"). Any reference to Your Personal Data shall include any part thereof.
  2. You acknowledge and acccept that Telegraph Media Group and eDR may process Your Personal Data from time to time. In relation to Your Personal Data Telegraph Media Group shall be the data controller and eDR shall be the data processor.
  3. Telegraph Media Group undertakes that it (and its sub-contractors and agents if any) shall duly observe its obligations under the Data Protection Act 1998 ("DPA") and any superseding or amending legislation and all other current data protection legislation which is relevant to performance of its obligations under this Agreement and has procured an undertaking in similar terms from eDR.
  4. Telegraph Media Group agrees:
    1. that Your Personal Data shall be processed only in accordance with this Agreement or as otherwise instructed by You and Telegraph Media Group and its agents shall not disclose Your Personal Data to any unauthorised party;
    2. that Telegraph Media Group (and Telegraph Media Group's sub-contractors and/or agents, if any) shall keep Your Personal Data secure at all times and shall take such technical and organisational security measures against unauthorised and unlawful processing of, accidental loss of, destruction of or damage to Your Personal Data as may be required to ensure a level of security appropriate to the harm that might result from such processing, loss, destruction or damage and the nature of Your Personal Data to be protected;
    3. that Your Personal Data shall only be disclosed to those personnel, sub-contractors and agents that are reasonably required to have access to Your Personal Data pursuant to their respective obligations under this Agreement provided that Telegraph Media Group shall apprise any such personnel, sub-contractor or agent of the relevant terms of this Agreement and Telegraph Media Group shall be responsible for ensuring that any such employee, sub-contractor or agent complies with all relevant obligations contained in this Agreement and all current data protection legislation; and
    4. that Telegraph Media Group shall not (and shall procure that no sub-contractor or agent shall not) retain Your Personal Data or any copies or records thereof for longer than is reasonably necessary for Telegraph Media Group to perform its legitimate purposes pursuant to this Agreement and shall if so required return Your Personal Data to You upon termination or expiry of this Agreement.
  5. Telegraph Media Group agrees to provide (and shall procure that Telegraph Media Group's sub-contractors or agents provide) You with all reasonable cooperation and assistance in relation to any complaint or request received in relation to Your Personal Data, including (without limitation) notifying You as soon as possible of any complaint or query received by Telegraph Media Group relating to Your Personal Data.