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Terms and Conditions

IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

The Terms and Conditions form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access the information, products, services and advertisements (the “Material”) available through the Site. By accessing, viewing or using the Material on the Site you have indicated to us that you both understand and agree to be bound by these Terms and Conditions.

These terms and conditions (“the Terms”) govern your use of this site (the “website” or “site”), including community forums, reader comments and blogs. Your use of the website is also subject to our Privacy Policy.

You must read the Terms and Privacy Policy. If you do not agree with the Terms, do not use this website. If you do use the website, your conduct indicates that you agree to be bound by the Terms.

We reserve the right to amend these Terms from time to time. Any such amendment will be applicable to all persons accessing the web site once the revised Terms have been posted on the website. You should therefore check the website from time to time to review the current Terms.

Access to our services

Access to our services (“this website and the Newtown Powys mobile application”) is allowed on a permitted basis. This is without guarantee that the services will always be available. We reserve the right to alter or amend the service we provide. We will not be liable if for any reason if any of the services are unavailable at any time or for any period.

As a user you are responsible for making all arrangements necessary for you to have access to our services.

Material rights

We own the licensee of all intellectual property rights in the site and in the material published on it

We own the content which we have stated is our own. We own no materials which have been sourced from 3rd parties.

We do not modify the digital copies of any materials which have been sourced from 3rd parties except without permission.

We always acknowledge the owner of any material provided on our services.

We do not use and will never use any 3rd party material for commercial purposes.

While we may every effort to ensure that material contained on the service is accurate we do not give any warranty or representations, express or implied, about its accuracy, completeness, or appropriateness for a particular purpose.

You assume full responsibility for using the information on the service, and that you accept that we will not be liable for any action you take in reliance on information on the service.

Accuracy of information

The material contained on our services is provided without any guarantees, conditions or warranties as to its accuracy.

Information about you

We may process information about you and by using the service you consent to such processing. Please see the Privacy Policy for more information.

Links from our services

Where the service contains links to other sites and resources provided by third parties, please note we have no control over the contents of those sites or resources, and accept no responsibility for them.

No warranty

The Site is provided on an “as is” and “as available” basis and in particular we do not warrant that:

  • the Site will continue to be available to you in either its current format or from its current domain name;
  • the Site or any software available from the Site will be free from viruses or defects;
  • the Material contained on the Site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).

Liability

Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use the Site.

Loss or damage

You acknowledge that:

  • the contributions to the website and its community forums, reader comments and blogs are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders;
  • it is your sole responsibility to check the accuracy of any facts and opinions given on this website before entering into any commitment based upon them;
  • we do not, as a matter of course, actively moderate, monitor or edit the contributions to the website and its community;
  • any third parties advertising on our websites, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites.

We are not liable for any loss or damage, howsoever arising, from contributions to the website and its community by other parties, your use of this site or inability to use this site, or any errors and omissions on this site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or forseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.

We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents of this website, and any implied warranties are excluded to the extent permitted by law.

We do not warrant that this website, the server that supplies it or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.

Editorial content

If you have a complaint about the editorial content which relates to inaccuracy or intrusion, then please contact us.

Copyright

We are bound by copyright law of England and Wales by virtue of this law. We pride ourselves in complying fully with the legal status of 3rd party material and exercise our rights under law in accordance with fair dealing and specific enactments.

In relation to copyright of the latest information, this is covered by fair dealing under Section 309(1ZA), (2) and (3) of the Copyright, Designs and Patents Act 1988.

We are permitted under the above statute and common law to report current events and use copyrighted materials to provide information to the public in respect of these events as long as we meet the following conditions:

  • The material used is not a photograph
  • The purpose is really for reporting current events
  • The use of the material is fair
  • The use of the material is accompanied by sufficient acknowledgement

We comply with these conditions by; (1) 3rd party news information located on the Latest tab does not contain pictures from third parties, or non-sourceable public information. (2) The information on the Latest tab is of current events. (3) The use of the information on the Latest tab is fair as it is not infringing in any commercial competition and newtown.wales is not pursuing a role in providing news for commercial gain. The information on the Latest tab is in the public domain and has been published and disclosed in a public environment (Facebook). The information on the Latest tab is only the headline title and short description. (4) The owner of the content is acknowledged under the content.

In relation to the Powys County Council and Newtown & Llanllwchaiarn Town Council information, most the content is covered under the Re-use of Public Sector Information Regulations 2015. The Town Council is included in these regulations by virtue of Regulation 3(1)(k) and Regulation 3(3).

In relation to the information used on the Local tab, this information is in the public domain and no infringement of business names has been conducted.

We will always use 3rd party information in a fair way by giving sufficient acknowledgement and status to the providers of this information.

Jurisdiction

These Terms shall be governed by the laws of England and Wales and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of England and Wales.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.