Terms and Conditions
This information was last updated: 06/07/2020.
In this document Banbury FM relates to all channels controlled by Banbury FM Ltd including https://www.banburyfm.com, all it’s associated media (on-air and off-air) and channels (online and offline). Banbury FM is the trading name for Banbury FM Limited.
This website is protected by copyright. It is published by Banbury FM and is made available to you under the following terms and conditions:
- that it is for your personal use only or for business use only within the terms and conditions accepted when registering;
- you may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or make it available except to download it onto a single computer and view it for private use only;
- you may not, except with our express prior written permission, distribute or commercially exploit it; you may not transmit it or make it available on a network without our express prior written permission;
- use of it is at your sole risk.
The intellectual property rights (including copyright and database rights) in the material, information and computer files on this site are owned by or are licensed to Banbury FM. Nothing transfers to you any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.
You may not remove any product identification, copyright notices or other notices from the materials or any copies of the materials which you may have made for your own private use.
Product or company names and devices, logos, icons, graphics or designs referred to on the pages of this site are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner. Banbury FM intends no infringement of these property rights.
The above terms may apply to the whole or any part of the site. All other rights are reserved to Banbury FM. Any infringement of Banbury FM’s rights will result in appropriate legal action.
Information on this website is provided by Banbury FM and certain approved partners. Banbury FM has made all reasonable effort to ensure the accuracy of all information posted on this website at the time of inclusion. Banbury FM accepts no responsibility for information or comments posted by third parties on this website. However, there may be inadvertent and occasional errors for which Banbury FM apologises. Commentary and other information posted on Banbury FM is not intended to amount to advice and no reliance should be placed on it.
Banbury FM reserves the right to make changes and corrections at any time, without notice. The information displayed on this website is for general guidance only. You should neither act, not refrain from action, on the basis of any such information. Any decisions based on information contained in the Banbury FM website are the sole responsibility of the visitor.
In no event will we be liable for any loss or damage to the maximum extent permitted by law including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the loss of data or profits, loss of income or revenue, loss of business, loss of goodwill or wasted management or office time arising out of or in connection with the use of this website.
This website enables you to link to other websites on the Internet. Banbury FM endeavours to only include links to organisations that will give satisfactory service to visitors but, having no control over the nature, content or availability of those websites, Banbury FM takes no responsibility and assumes no liability for those websites or their content. Banbury FM does not necessarily endorse or recommend any site to which we have provided a link. Banbury FM accepts no responsibility for the content of or for any loss or damage caused by linking to third party websites.
Banbury FM does not prohibit linking from other sites without prior permission. Framing of Banbury FM is not permitted without prior permission unless with good reason.
We do not warrant that the functions, services and material contained in this website will be uninterrupted or error free, that defects will be corrected or that the site or server are free from viruses including but not limited to: trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. The use of Banbury FM to transmit viruses is strictly forbidden.
We cannot accept responsibility for any loss, disruption or damage to your data or your computer system sustained whilst using material derived from this website or any online services associated with Banbury FM.
Banbury FM takes your privacy very seriously. In accordance with the General Data Protection Regulation Banbury FM’s appointed data controller is: Banbury FM Ltd, 28 Walton Avenue, Twyford, Banbury, Oxon, OX17 3LOB. Banbury FM Ltd’s registration number is ZA768459.
Collection of Personal Information
Should you choose to register with Banbury FM we will collect basic personal information to complete your registration. Should you choose to send a message to Banbury FM using the “Send a message to” form on our website we will collect basic personal information to enable us to deal with your message. This will include your name, and your email address. We may also collect personal demographic information, such as your location, your postcode, preferences and interests, your phone number and details of use and transactions made through this site.
Banbury FM also records limited information about your computer hardware and software, including (but not limited to) your operating system, browser type, IP address, access times and referring URLs. We also keep track of pages visited by our users to help us maintain and improve our services.
Use of Personal Information
Personal information recorded during your registration is used only by Banbury FM. For example we may provide you with information that we think will be of interest to you or contact you with online security advice, in provision of the services you request. We will not divulge your personal details to other organisations. We may, however, share your details with companies we are in partnership with in order to offer prizes and competitions to you.
We will only use the email addresses of registered users to send emails explicitly requested by the user (opt-in), you will receive marketing information where all emails will be from Banbury FM and not from any un-associated third party.
You have the right to update information we store about you at any time, or to request that we remove it from our systems. Under the General Data Protection Regulation users have the right to access information collected by Banbury FM about them. If you have registered a membership account you can unsubscribe or close your account with us at anytime by logging in and clicking “Manage Your Subscriptions” or “Delete Your Account”.
Banbury FM is committed to the security of your information. We take every precaution to prevent unauthorised access to your information. We cannot protect the information which is collected by a third party owned site which is linked to our site.
Website Terms and Conditions
We are: Banbury FM Ltd, registered in England and Wales, whose company number is 11789333, a Private Limited Company based in the UK and trading as Banbury FM. Our registered address is 28 Walton Avenue, Twyford, Banbury, Oxon, OX17 3LB.
Our trading and correspondence address is: Banbury FM, 28 Walton Avenue, Twyford, Banbury, Oxon, OX17 3LB.
You are: a user of our Web Site(s)
These terms and conditions govern the way people use this website.
“Agreement” means these terms and conditions.
“Content” means the text, information, photographs, graphics, and other material on the Web Site.
“Advertiser” means the third party businesses or other organisations who advertise on the Web Site.
“Services” means the provision of content and any other services provided by us at any time through the Web Site or our online/digital channels.
“Web Site” means https://www.banburyfm.com and includes all web pages hosted at https://www.banburyfm.com.
“We”, “Us”, etc means us. Without limitation, it includes any subsidiary or associated company, charity or organisation of ours together with any licensor, affiliate, or network partner.
“You”, “Yours”, means you, as a user of our website, who may search for a “User” etc source and click a link.
2 Our Contract with you
These terms and conditions regulate the relationship between you and us. By using the Web Site to access the Services, you agree to have read and understood this Agreement and to be bound by it.
3 User’s Obligations
You agree that:
3.1 If required, you shall provide only true and accurate information to us (including our advertisers, affiliates and partners) at all times.
3.2 You will not commit any fraud or abuse of the system.
3.3 You will not; post any defamatory material, commit any illegal or immoral activities or use this site in any way which is unlawful.
4 Acceptable Use Policy
4.1 You will not attempt to interfere in any way with our networks or network security, or attempt to gain unauthorised access to any other computer system using our Web Site or Services.
4.2 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Web Site and all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide services. The use of https://www.banburyfm.com to transmit viruses is strictly forbidden.
4.3 Examples of violations, include but are not limited to the following:
4.3.1 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
4.3.2 taking any action in order to obtain services to which you are not entitled.
5 Content and Intellectual Property Rights
5.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us, unless otherwise stated, and/or the other Content provider. We will strongly protect such rights in all countries.
5.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Users who do copy works will lose their right to use https://www.banburyfm.com indefinitely and with immediate effect, all copies of copied works should be destroyed.
You agree to indemnify us against any claims, demands, actions, costs, proceedings, expenses, loss or damage, including reasonable lawyers’ fees by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other User using your computer, of any intellectual property or other right of any person or entity.
7 Interruption to the Services
7.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.
7.2 You acknowledge that the Services may also be interrupted for reasons beyond our control.
7.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
8 Our Liability
8.1 All Content and Services are being offered on “as is” basis with no warranty condition or term of any kind to the maximum extent as permitted by the law. We disclaim any representation and warranties, express or implied with respect to the programme, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Banbury FM is not liable for any reliance placed on information posted on this site.
8.2 Where we provide a service without specific charge, then it is deemed free of charge, and not to be associated with any other service for which a charge is made. Accordingly there is neither contractual nor other obligation upon us in respect of any such service.
8.3 We are not responsible for any or all advertisements or user uploaded content on Web Site, including but not limited to goods or services advertised by Advertisers or Users. Each such offer is provided at the sole discretion and subject to the terms and conditions, as applicable, of the respective Advertiser. We give no warranty and accept no liability in relation with any such offer.
8.4 We or our content suppliers may make improvement or changes to the Web Site, the Content or to any of the products and services described on the Web Site, at any time and without you.
8.5 You are advised that Content may include technical inaccuracies or typographical errors.
8.6 We give no warranty and make no representation, express, or implied, as to:
8.6.1 the truth of any information given on the Web Site by any Offer Provider or third party;
8.6.2 any implied warranty or condition as to merchantability or fitness for a particular purpose;
8.6.3 compliance with any law;
8.6.4 non-infringement of any right;
8.7 The Web Site contains links to other internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or Damage arising from your use of any such web site.
8.8 In no event shall we, the Advertisers or our Content suppliers (by official partnership or User generated content) be liable for any special consequential damages or any damages whatsoever resulting from loss of use, results of use, loss of data or loss of revenues or profits, loss of business, loss of anticipated savings, loss of goodwill and loss or damage of any kind, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Web Site or the Content available from this Web Site. Banbury FM does not exclude liability for death or personal injury rising from negligence, nor liability for fraudulent misrepresentation, nor liability for anything which cannot be limited or excluded by law.
8.9 These disclaimers form an essential part of this Agreement. Each sub paragraph in this Agreement is independent and severable from each other paragraph and enforceable accordingly if any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
We reserve the right to modify the Services and to change the terms and conditions of this Agreement at any time, without notice to you. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. Banbury FM reserves the right to change the site, its functionality and design without prior notice. Banbury FM may do this on a regular basis. Material on this website may be out of date, Banbury FM has no obligation to update such material.
We may terminate this Agreement, in our sole discretion, at any time, for any reason, without notice to you. A breach of these conditions will result in an immediate termination of the right to use this site, Banbury FM reserves the right to commence such action as we deem appropriate.
11 No Waiver
No waiver by us, in exercising any right shall operate as a waiver of any other right or that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12 Dispute Resolution
In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
This context and claim arising out of these terms and conditions shall be interpreted according to the Laws of England and the parties agree to non-exclusive jurisdiction of the English courts.
14 Uploading Material To Our Web Site
Contributions to Banbury FM website and/or (but not limited to) digital channels, where you are invited to submit any contribution to Banbury FM (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Banbury FM a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, 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. If you do not want to grant to Banbury FM the rights set out above, please do not submit your contribution to Banbury FM.
Further to the above paragraph, by submitting your contribution to Banbury FM, you: warrant that your contribution; is your own original work and that you have the right to make it available to Banbury FM for all the purposes specified above; is not defamatory; and does not infringe any law; and indemnify Banbury FM against all legal fees, damages and other expenses that may be incurred by Banbury FM as a result of your breach of the above warranty; and waive any moral rights in your contribution for the purposes of its submission to and publication on Banbury FM and the purposes specified above.
16 Links To Our Web Site
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, but 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.
You must not establish a link from any website that is not owned by you.
Our Web Site must not be framed on any other site, nor may you create a link to any part of our Web Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please contact us.
We may from time to time provide interactive services on our Web Site, including, without limitation:
- Chat rooms
- Bulletin boards
- User Generated Content
(together the interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered and if it is moderated.
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Web Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Web Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor (under 18’s) is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
17 Providing us with content. Your responsibilities
Any photographs, images, videos, text, sound files or other materials in any format (“Content”) that you make available to us by any means (whether by uploading it to our site or our social media pages, sending us links to other sites or otherwise) must meet the following criteria:
you are the sole legal owner of all rights (including intellectual property rights) in that Content, or
you have obtained the consent of the legal owner(s) of all such rights to make such Content available to us and grant us the licence described below and by making that content available to us you confirm that this is the case.
You (or your licensors) will retain all ownership rights in your Content, but by making Content available to us you grant us a non-exclusive licence (including the right to sub-license to our partner broadcasters and other third parties) to use, store, copy and adapt that Content and to distribute and communicate it (and any adaptation of it) to the public by any means. We take no responsibility for any use of Content by third parties (including other users of our site and/or social media pages) unless such use was specifically authorised by us.
Competition Terms and Conditions
1.1 These Terms and Conditions (“Terms”) shall be binding on you (and your guests where applicable) (together “you”) when entering any competitions (“Competition(s)”) operated by Banbury FM Ltd (“Banbury FM”), its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) by Banbury FM from time to time.
1.2 Entry and participation in any competition shall be deemed an unconditional acceptance by you of these Terms. All entry instructions and any other specific details relating to the competition or the prizes form part of these Terms.
1.3 You must pass a copy of these Terms to your guests (if applicable) and ensure that they comply with them.
1.4 It is agreed and accepted by you that Banbury FM shall have no liability whatsoever in respect of competitions operated on behalf of third parties (for example, sponsors). This exclusion does not include any liability for negligence by Banbury FM or any other liability that cannot be excluded by law.
1.5 You have made certain representations and warranties to Banbury FM (both in these Terms and otherwise) in applying for a place on the Competition. Banbury FM has relied on the accuracy and truth of such representations and warranties in granting a place to you. Should Banbury FM or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might have (in Banbury FM’s opinion, which shall be final) an adverse effect on the Competition, Banbury FM reserves the right to forfeit your place on the Competition (without giving any reason and without notice).
1.6 You agree to co-operate with and comply with all reasonable requests of Banbury FM and its agents and employees (and in particular the health and safety team) in connection with the Competition and its broadcast.
2. Eligibility to enter competitions
2.1 You must be a resident of Great Britain or the Channel Islands. Employees of Banbury FM, their families, press, agencies or any persons directly or indirectly connected with the competition are not eligible to enter any competitions.
2.2 Only one prize per person will be permitted. Multiple entries are permitted, but if a prize is won, entries by the winner thereafter will be disqualified.
2.3 You represent and warrant that you are at least 18 years of age on the date of the Agreement and, if requested by Banbury FM, shall provide evidence your age.
2.4 Banbury FM has the right to refuse qualification of entry to any competition, if the person/entrant has already won a competition on any Banbury FM Radio station within the previous three months. A person may not win more than one prize valued at £50 or more within a three month period following the first win. A person/entrant may not win more than one prize valued at £500 or more within a six month period following the first win, nor shall any member of such person’s family residing at the same address (including, but not limited to, aunts, uncles, cousins, grandparents etc.). Banbury FM reserve the right to withhold prizes from any such person, and to reclaim any such prize if a breach of this rule is subsequently discovered.
3. Health and Safety
3.1 You confirm and warrant that, to the best of your knowledge, your general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition.
3.2 You agree to take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you which Banbury FM considers to pose any medical, security or safety risk will lead to your immediate disqualification (including without limitation any abusive behaviour, physical or psychological).
3.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk. You must notify Banbury FM of any medical or other condition which may mean that you are unfit for travel or participation in the Competition as soon as you become aware of such a condition. Banbury FM reserves the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
3.4 You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of Banbury FM and the health and safety team, who will have full authority to direct that you shall not consume any more alcohol.
3.5 You will comply with all directions of Banbury FM in respect of health and safety (failure to do so may lead to immediate disqualification, at Banbury FM’s direction).
3.6 You confirm that you are not taking any medication at present and will not during the Competition.
4. The Competition
4.1 The interests and good reputation of Banbury FM is paramount and Banbury FM may, at its sole discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of Banbury FM (or its radio stations) to do so. In particular (without limitation), Banbury FM reserves the right to immediately withdraw your place on the Competition or the Prize if it believes you to be in breach of any of its obligations, or representations and warranties, under these Terms or otherwise conduct yourself in a manner which is inappropriate or unsuitable (at the discretion of Banbury FM). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary). You will not by any act or omission do anything, which might bring Banbury FM or its radio stations into disrepute.
4.2 You represent and warrant that you do not have any criminal convictions or criminal record and have not undertaken any past act or conduct which could affect the reputation of the Competition or Banbury FM . You also warrant that you do not currently, and have not in the past, worked for any other radio station or media organisation in the United Kingdom.
4.3 You will comply with the instructions and directions of Banbury FM (failure to do so may lead to immediate disqualification, at Banbury FM’s direction).
4.4 Incomplete or indecipherable entries will be void (at Banbury FM’s absolute discretion).
4.5 Banbury FM does not accept responsibility for entries lost, damaged or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).
4.6 Late entries will not be accepted (at Banbury FM’s discretion).
4.7 The decision of Banbury FM ‘s judges is final and conclusive in all circumstances and no correspondence will be entered into.
4.8 Banbury FM shall be entitled, at its absolute discretion, to cancel a competition with immediate effect by on air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of on-line competitions) without any liability in respect thereof.
4.9 In this event (and assuming a valid claim has already been made) in the case of holiday prizes, Banbury FM will use reasonable endeavours to offer an alternative prize at some other time and/or some other destination, which may be accepted instead by you. If such alternative prize is not accepted (or not made) you shall have no claim against Banbury FM in respect of the cancellation or delay of the Competition or prize or for any expense or damage whatsoever incurred as a result thereof.
4.10 Winners must collect their prize within 6 months of notification.
5. Competition Mechanics and Specific Prizes
5.1 Competition mechanics and the terms and conditions attached to specific non-cash prizes if any for any competition are detailed in the appendices below.
6. Claims to prizes
6.1 In order to enable Banbury FM to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Banbury FM reserves the right to carry out an interview (by telephone or in person with you and to tape record the interview). If you refuse to participate in or answer all questions raised in such an interview without good reason then your place will be treated as invalidated.
6.2 If Banbury FM becomes aware of any fraud, deceit or similar action during or in relation to the competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Banbury FM that you had no actual or imputed knowledge of the such fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address or other incorrect information in relation to the entry, then Banbury FM reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, you undertake to return the same (or provide compensation) to Banbury FM forthwith upon discovery by Banbury FM .
7.1 All prizes are non-transferable and may not be given or assigned to another person. Prizes cannot be exchanged for cash or other alternatives. Banbury FM may, at its sole discretion, substitute a reasonable alternative for any of the prizes at any time.
7.2 Banbury FM does not accept any liability for claims or prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
7.3 Cash prizes will be paid by BACS (bank transfer) into the account detailed by the prize winner. In the event that a prize winner cannot provide bank details, at the company’s discretion, a cheque may be raised in the prize winner’s name. The station does not retain any bank details. The station does not pass any winner’s details to a third party for any reason.
8.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Banbury FM , its business, personnel, servants, agents or officers to anyone.
8.2 You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Banbury FM .
9.1 Winners must as a condition of the prize participate in all required publicity.
9.2 You shall not without the specific prior written consent of Banbury FM publish or disclose any information in connection with the Competition or the Prize (in particular, without limitation, to a representative of the media, in whatever form). You shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party. All rights in relation to the Competition and the Participant’s involvement therein shall vest exclusively with Banbury FM.
9.3 You agree to undertake as requested by Banbury FM all interviews, Competitions and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of Banbury FM in perpetuity.
9.4 You hereby grant and assign to Banbury FM (to the extent that it is has the rights to grant the same) the entire copyright and other intellectual property rights in the Competition and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for Banbury FM to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to licence any other persons to do so, in each case for such purposes as Banbury FM may in its absolute discretion determine.
9.5 Without limitation to any other rights under this Agreement, Banbury FM shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
10. Intellectual Property
10.1 In the case of competitions which require you to submit audio recordings you grant to Banbury FM the unconditional and irrevocable right to broadcast the audio recording(s) submitted by you by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. You confirm that the use by Banbury FM of the audio recording submitted will not infringe any third party rights and shall indemnify Banbury FM for any loss, damage or liability arising in connection therewith.
10.2 You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
10.3 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Banbury FM for its own use (at its absolute discretion).
11. Banbury FM – limitation of liability
11.1 Banbury FM is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any). This exclusion does not include any liability for negligence by Banbury FM or any other liability that cannot be excluded by law.
11.2 Banbury FM accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
11.3 Banbury FM shall not be liable to perform any of its obligations under the competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate you in such circumstances.
12.1 You undertake the Competition at your own risk and agree to indemnify Banbury FM and its radio stations and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from your own actions in any way in connection with the Competition, the Prize or a breach of your obligations hereunder.
12.2 There is no fee payable to you in respect of your involvement in the Competition.
12.3 You are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition and acknowledge that all activities are undertaken at your own risk.
12.4 Banbury FM is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Competition. This limitation does not exclude any liability for negligence by Banbury FM or death or personal injury arising out of such negligence.
12.5 Banbury FM reserves the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
12.6 In the case of on-line competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Banbury FM may be accessed by third parties. Banbury FM accepts no liability in such cases.
12.7 These Terms shall be governed and construed in accordance with English Law.
12.8 These Terms represent the entire agreement between the parties relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Banbury FM) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Banbury FM. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
12.9 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies. These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
12.10 These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
A cookie is a small file which is stored on your computer or mobile phone when you visit a website. It contains only text.
Strictly necessary cookies
These cookies are essential for the use of the features and services on our website.
If you block these cookies we cannot guarantee access to the services provided through our website or be sure how our website will perform during your visit.
Examples of how we use these cookies include:
- Remembering which products you have placed in a shopping basket on our website.
- Remembering that you are logged in to our website.
- Remembering information you have entered into forms on our website (so that you don’t have to re-enter this information if you use your browser’s “back” and “forward” buttons to navigate through a form).
Functional cookies allow our website to remember choices you make, preferences, and any customisations you make to pages on our website during your visit.
Examples of how we use these cookies include:
- Providing individual services, such as watching a video or commenting.
- Sharing information with our partners to provide a service on our website. The information shared is only to be used to provide the service, product or function you requested, and not for any other purpose.
- Remembering if we’ve already asked you if you want to fill in a survey.
- Remembering your location.
- Sharing information with our partners to provide a service on our website. The information shared is only to be used to provide the service, product or function you requested, and not for any other purpose.
Performance and analytics cookies
These cookies help us understand how people use our website. They collect information such as which pages on our website visitors go to most often, which features they use, and which websites people have visited before they visit ours. We use this information to improve our website and provide a better user experience.
Examples of how we use these cookies include:
- Monitoring and providing statistics on how our website is used.
- Helping us improve our website by measuring any errors that occur.
- Seeing how effective adverts on our website are and trying to ensure they are as relevant as possible.
- Testing the website’s design and operability.
Our partners’ marketing and advertising cookies
These cookies are used by other companies we work with to deliver you relevant advertising on our website and on other websites. They are sometimes called “third party cookies” because they are set by other companies when you browse our website, rather than by us.
These companies may track your browsing across multiple devices, and combine your browsing on multiple devices into a single profile that is used to deliver relevant adverts to you on all of those devices. They may use a number of different methods to work out whether multiple devices appear to be used by you, including matching information about your devices, browsing activity and geo-location.
Examples of cookies set by third parties/embedded content:
- We sometimes embed content from other websites in our pages, such as YouTube and Facebook. We have no control over cookies set by these websites, but we do endeavour to only use embedded content from reputable sources.
You may encounter cookies set by the following organisations (but not limited to) while using this website:
To enable us to use embedded Facebook content on our web pages including, but not limited to, comments boxes, like buttons and news feed widgets.
To enable us to use embedded Twitter content on our web pages including, but not limited to, Twitter search/feed widgets.
To enable Google to track the performance of adverts provided by the Google AdSense service.
Please note: Disabling cookies will affect the performance of most websites. Some features of this website will no longer work if you prevent cookies from being stored on your computer or phone.
You can contact Banbury FM by writing to Banbury FM Ltd, 28 Walton Avenue, Twyford, Banbury, Oxon, OX17 3LB.