Terms and Conditions
Duckworth Books Ltd is a company registered in England under company number 09761115 (former company name: Prelude Books Ltd), with its registered address address being 13 Carrington Road, Richmond, TW10 5AA, UK. The imprints ‘Farrago’, ‘Duckworth’ and ‘Prelude’ are trading names of Duckworth Books Ltd.
References to “the Websites” are references to all the websites and to each of them individually. References to “we” and “us” are to Duckworth Books Ltd. References to “You” and “your” mean the person using the Websites under these Terms.
You acknowledge that all rights in the Websites and their contents (including but not limited to text, photographs, graphics, and downloads) are owned by or have been licensed to us or are otherwise used by us as permitted by applicable law. In accessing the Websites you agree that you will access the contents solely for your own personal, non-commercial use and you acknowledge that you are not permitted to copy, download, post, store in any medium (including any other website), distribute, transmit, modify or show in public any part of the Websites without our prior written permission or in accordance with the Copyright, Designs and Patents Act 1988 as amended from time to time or other relevant provisions which are or may be in force. All brand names, product names and titles used in the Websites are trade names, and in some instances trade marks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.
Data Protection and Cookies
The Websites are provided by us in good faith on an “as is” basis. We make no representations or warranties, express or implied, about the Websites or the material contained or referred to on them or available for download from them, and will not be held liable in any way for your use of them. Except to the extent provided by the applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. We and all affiliated companies and individuals exclude to the fullest extent permitted by law all liability in contract or tort (including negligence) or otherwise for any direct, indirect, incidental, special and consequential damages, losses and expenses whatsoever including loss of business, anticipated savings revenues, profits, goodwill or reputation arising out of or in any way connected with the use of the Websites and/or any information, content, or services obtained through them. We endeavour to ensure that all information and material on the Websites is correct and accurate but do not accept any liability for errors or omissions, nor do we warrant that use of the Websites will be uninterrupted.
The Websites may be used only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of the Websites by any third party. We have the right to edit, refuse to post or remove any material submitted to or posted on the Websites. We are not responsible for, nor do we accept any liability for, any material posted on the Websites otherwise than by us. Any opinions, advice, statements, offers or other information expressed or made available by third parties on the Websites are those of the third party concerned. We neither endorse nor are responsible for the accuracy or reliability of any such third party material.
While we make reasonable attempts to exclude viruses, worms, Trojans and other malicious or destructive computer code from the Websites and their contents, we cannot guarantee such exclusion. We give no assurance (whether express or implied), assume no obligation and accept no liability in relation to these matters. You are strongly recommended to take all appropriate safeguards before using the Websites or downloading any information or content from them.
Links to Other Websites
We are not responsible for the content of any other website, including any website through which you may have gained access to any of the Websites or to which you may gain access from any of the Websites. We do not accept any liability in connection with such other websites or links.
We shall not be liable for any loss, damage or otherwise as a direct or indirect result of the failure to perform or delay in performing any of our obligations nor shall there be a breach of these Terms as a result of the occurrence of any event whatsoever beyond our control, including without limitation acts of God, fire, flood, storm, civil disturbance, explosion, power failure or reduction of power supplies, acts, orders or requirements of any governmental or regulatory body, lack or shortage of materials, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, adverse weather conditions, inability to procure or delay in procuring equipment and materials from our normal suppliers, mechanical breakdown or strike, lock-out or labour disputes.
Governing Law and Jurisdiction
Your use of the Websites and the operation of these terms, shall be governed in accordance with the laws of England. The English courts shall have the exclusive jurisdiction over any dispute arising out of your use of the Websites except that we may take action in any jurisdiction to protect our intellectual property rights or to recover any amount owed to us.
Those who choose to access the Websites from locations outside the United Kingdom do so on their own initiative and are responsible for compliance with English laws.
The Websites and the information on them may be changed or updated without notice, unless we specify to the contrary.
If all or any part of these terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Our failure to exercise or enforce any rights or any provision of these terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
The parties (you and we) do not intend the terms or any part of them to be enforceable by any person who is not a party to these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
Competition Terms and Conditions
- These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules (“Rules”) and apply to any promotion, prize draw or competition (“Competition”) featuring on all Duckworth Books Ltd websites and in e-mail newsletters (“Newsletter”) and social media posts, unless otherwise expressly stated.
- By entering a Competition, entrants agree to be bound by these Rules.
- The Competition is organised by Duckworth Books Ltd.
- Rules specific to each Competition are displayed in a notice on the Website or Newsletter for such Competition (“Competition Notice”) and are incorporated into the Rules. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
- We reserve the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, act of God, war, civil or military disturbance or any actual or anticipated breach of any applicable law or regulation or any other event outside our reasonable control. Any changes will be posted either within these terms and conditions or the Competition Notice where possible. A copy of the Rules may also be obtained by sending us a stamped addressed envelope.
- In the event of any dispute regarding the rules, results, conduct and all other matters relating to a Competition, our decision shall be final and no correspondence or discussion shall be entered into.
- Employees (or members of the families or households of employees) of Duckworth Books Ltd or any company involved in the management, issuance or promotion of the Competition or, if relevant, any advertising agency or web company connected with the Competition or any such person’s subsidiary or associated companies, are not eligible to enter the Competition. We reserve the right not to award a prize (and to select an alternative winner) if we are aware or have reasonable grounds to believe that a winner is not eligible.
- Additional eligibility requirements may apply to a specific Competition, which will be set out in the Competition Notice, for example the need for a valid passport.
- By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. We reserve the right to verify the eligibility of all entrants.
- The address you provide with your competition entry (“Entry”) will be used to send any prizes.
- Where a Competition is open to all age groups, we assume that by using the Website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules. If a Competition is only open to a certain age group (e.g. 18 and over), this will be set out in the Competition Notice and we assume that by entering the Competition (and you warrant that) you are the appropriate age to enter the Competition).
- We reserve the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
- In the event that any entrant is disqualified from the Competition, we in our sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
- You may enter the Competition once, unless indicated otherwise in the Competition Notice, however where a winner has been selected and we discover or have reasonable grounds to believe the winner has used any software or automated process either to answer questions or to make bulk entries, we may in our sole discretion select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be equally subject to these Rules.
- Competition entries must be made in the manner and by the closing date and time specified on the Competition Notice. Failure to meet these criteria will result in disqualification from the Competition.
- Any purchase requirement will be detailed in the Competition Notice. Failure to meet any such requirement will result in disqualification from the Competition. Return of purchased items before any specific date detailed in the Competition Notice will result in disqualification from the Competition. In the absence of a specific date in the Competition Notice, return of purchased items before the closing date or draw date (whichever is the latter) will result in disqualification from the Competition.
- Any other requirement, for example subscribing to the Newsletter, will be detailed in the Competition Notice. Failure to meet or to continue to meet any such requirement will result in disqualification from the Competition. For example, unsubscribing from the Newsletter before any specific date detailed in the Competition Notice will result in disqualification from the Competition. In the absence of a specific date in the Competition Notice, failing to meet or to continue to meet the requirement before the closing date or draw date (whichever is the latter) will result in disqualification from the Competition.
- Proof of submission cannot be accepted as proof of receipt. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside our control.
- Unless stated otherwise in the Competition Notice, prize winners will be chosen at random from all correct and eligible Entries or from all submitted Entries (where creative or artistic merit or other subjective criteria apply to Entries), on or after the date specified in the Competition Notice or if no date is specified, within 30 days of the closing date specified in the Competition Notice. Where applicable, tie-breakers will be judged by us and, if required by law, by an independent adjudicator. In all matters, the decision of any judge(s) and us shall be final and no correspondence or discussion shall be entered into.
- Prize winners will be notified in the manner and within the time specified on the Competition Notice, or within 60 days of the closing date specified on the Competition Notice. Notification may be by any means of communication made available by the entrant, such as postal address, email or telephone. Return of any prize notification as undeliverable or failure to reply within a reasonable period determined at our discretion may result in disqualification and selection of an alternate winner.
- If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the Website or for a list of winners you can send us a self-addressed stamped envelope, making reference to the specific competition.
- Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
- Prizes are non-transferable and there is no cash alternative. We reserve the right to substitute prizes of equal or greater value at any time. We undertake to make reasonable efforts to complete delivery.
- Prizes are awarded at our discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
- Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. We reserve the right to request written proof of age of any winner.
- All and any expenses, unless specifically stated, are the sole responsibility of the prize winner.
- We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize.
- We are not responsible for any problems or technical malfunction of any telephone, computer, server, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems on the internet, telephone, or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or telephone related to or resulting from participation or downloading any materials in the Competition.
- Nothing shall exclude our liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
- Winners may be requested to take part in promotional activity and we reserve the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
- Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to any third party not associated with the management of the Competition without the individual’s prior consent. Data relating to entrants will be retained by us for a reasonable period after the Competition closes to assist us in dealing with any queries on the Competition.
- Where the Competition Notice requires sign-up to the Newsletter, data will be kept in a database for the purposes of sending the Newsletter. No details will be passed on to 3rd party organisations.
- The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
- You can contact us in relation to any Competition by writing to us, making reference to the specific competition.