Read this carefully because it sets out the terms of a legally binding agreement between you and Share Premium, which operates Share Radio and Share Music.
If you do not agree to these Terms, please do not use the Website on any device nor register as a Member or sign up to our live audio stream or podcasts, which include our programme information/commentary email.
Index to sections:
- Introduction
- Who we are
- Access and service obligations
- Responsible use
- Accuracy, advice and data
- Privacy policy and registration
- Content submitted by users
- Third party sites and services
- Content ownership
- Prize Draw terms and conditions
- General
- Choice of law and jurisdiction
- Changes to terms and conditions
1. Introduction
This page sets out the terms and conditions on which you may use the website, mobile and other related online services (“the Website”).
These terms apply in different ways depending on what type of user you are, as described further below.
2. Who we are
Share Premium is an independent broadcaster. Its registered office address is Ashfield House, St. Leonards, Tring HP23 6NP. Its registered company number is 10446463 , its VAT number is 267624772 and its Data Protection Registration number is ZA 077713
3. Access and service
Access to the Websites is provided as a free resource to both registered members (“Members”) and non-registered users (“Users”). This does mean, however that Share Premium has no obligation whatsoever to provide the Websites or individual resources included therein.
Members and Users are responsible for making any arrangements necessary for their own access to the Websites. You are are also responsible for ensuring that any persons who access the Websites through your internet connection are aware of these Terms and comply with them
While Share Premium tries to ensure that the Websites, including our audio stream, are available 24 hours a day, we do not guarantee that they will be.
We reserve the right to suspend access without notice, either temporarily or permanently, to all or part of the sites. We will not be held liable for any such suspension.
Furthermore Share Premium reserves the right to amend any part of the Websites (including but not limited to content and materials submitted by Members of Users) at any time.
The Websites include links to other sites not owned by Share Premium. We do not control these linked sites and we take no responsibility for their content, service or privacy policies. If you use our links to access the other sites you are advised to consult their terms and conditions of use.
4. Responsible Use
Members and Users of the Websites and the services available within them (including but not limited to content submitted by them) must only be for lawful purposes. You must not use all or any part of the Websites:-
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii) for the purpose of harming or attempting to harm minors in any way;
(iv) to send, knowingly receive, upload, download, use or re-use any material which is in breach of these terms and conditions; or
(v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”).
5. Accuracy, advice and data
The content (including any information we publish regarding Third Party Products) on the Websites is only for your general information and entertainment purposes and is not intended to address your particular requirements.
Share Premium will attempt to maintain its own content with reasonable diligence but it does not make any promises in respect of that content, the services and functions available on or through the Websites or of the quality, completeness or accuracy of the information published on them or linked to them.
For the avoidance of doubt, no content on the Websites (including, but not limited to the content of the audio stream and the content submitted by Members and Users or Share Premium team member responses on the Forums ) or broadcast on Share Radio or Share Music themselves shall constitute financial advice. Share Premium accepts no liability for any decisions taken on the basis of information or comments provided on the Websites.
If you require financial advice you should consult a recognised independent financial advisor.
Any information that you receive via the Websites, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Financial data may be rounded up/down and therefore may not be entirely accurate.
6. Privacy Policy and Registration
Share Premium and Share Radio take your right to privacy seriously and we want you to feel comfortable using the Websites. We endorse and adhere to the principles of data protection and are registered with the Information Commissioner (see above).
Please contact our Data Protection officer via [email protected] if you have any data protection or privacy concerns.
This policy deals with personal information (referred to as ‘data’ below) that we may collect as you use this website.
Registration (or ‘signing up’)and membership
If you register or sign up your name and contact details in order that we can send you further information or any of our resources, you will be also automatically added to our contacts database unless you notify us that you do not wish this to happen. Please note that full registration is only required for 'Managing My Money'; the simple sign-in process (whether subscribed on the published terms or sponsored), requiring a minimum of data, is sufficient for listening live or to podcasts, and is accessed by clicking on the orange buttons.
We will use such registration data to send you our regular programme information and comment and we may use such data for informing you of other Share Premium resources, events or activities.
On registration, we request that you provide us with accurate, complete registration information and it is your responsibility to inform Share Premium of any changes to that information (including in particular your e-mail address). On registration, you should choose a user name and password and you should treat your user name and password as confidential. You warrant that you will not impersonate another individual when using the Website or related services.
Please note that, for your own protection, Share Premium does not permit:
(i) any other person sharing your user name and password; or
(ii) access through a single name and password being made available to multiple users on a network.
You are responsible for, and will be liable for, all use of the Websites made by you or anyone else using your user name and password (Member details) and for preventing unauthorised use of your Member details. If you believe there has been any breach of security (e.g. the disclosure, theft or unauthorised use of your details you must notify Share Premium immediately at [email protected]. Share Premium will not be liable to you or any third party for unauthorised use of your Member details.
Share Premium reserves the right to suspend or terminate your Membership at any time, with or without notice and without further obligation to you.
If you would like to cancel your registration or sign up then please contact our customer services team at [email protected] or using the details on our contact us page..
We may request and collect additional personal information from you through your interaction via our websites, newsletters and emails services. You will always have the choice whether to provide such information.
The information we collect will vary depending on the resources you wish to access but could include name, address, phone number, email address, user name, password, age, gender, date of birth, areas of particular financial interest, comments or competition answers .
We will not normally collect any sensitive personal information from you, and in any event, will request your express consent to do so.
We will not give your data to third parties without your specific permission.
In addition we may collect information about your location and use of the sites via cookies. Read further information on our cookie policy.
Regular programme information and comment
Share Premium may provide you with its e-mail regular programme information and comment service following registration or sign-in. Your data will be shared with emailing contractors to the extent necessary to carry out this function, and such contractors may be overseas suppliers (eg Mailchimp). Such data may also be shared with suppliers of website administration and hosting services.
Usage without registration or sign up
As an unregistered User, you will be able to access material on many areas of the Website without going through the registration or sign up process. However, we may restrict access to certain areas of the Websites (e.g. forums, some specialised resources) and you may need to register or sign up with us to access such areas.
We do not gather the personal details of users who do not register. However we do collect certain information through the use of “cookies” and other similar automated means. Please refer to further information on our cookie policy.
7. Content submitted by users
The Websites may, from time to time, include comments sections, blogs and other interactive features that allow interaction between Users or Members and between Members and Share Premium (the “Forums”). The information posted to these Forums by Members is referred to as “content submitted by Members and Users”
If you wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum.
You are responsible for all the content that you submit. You commit that all content you submit is in accordance with the following:
- it is your original content and will not infringe the copyright or other rights of any third party
- it does not contain or link to or otherwise publish any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
- It does not contain, link to or otherwise create any recommendations to buy or not buy a particular share or other investment or contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
- It is not threatening, offensive, libellous, indecent or otherwise unlawful.
- It is not discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
- It does not personally attack other commentators.
- It does not constitute content unrelated to the Forum purpose
- It does not transmit any software viruses, files or code designed to interrupt, destroy or limit the functionality of any computer software or equipment.
- It does not collect or store other users’ personal data nor make the personal data of anyone available to others.
- It does not restrict or inhibit any other user from using the Forums.
Furthermore you confirm that:
(i) you are 18 years of age or older or are aged 14 - 18 and have received consent from your parent or guardian for you to use such Forums;
(ii) you are resident in Great Britain and that you are accessing the Website in Great Britain;
(iii) You are financially responsible to us for any claim against us by any third party so far as that such submitted content is not in accordance with the above list and agree to indemnify us accordingly.
(iv) You agree that we may disclose your identity to any third party who is claiming that content you have submitted to the Website violates their rights
Share Premium reserves the right to contact you by e-mail with regard to your use of the Forums.
Suspension and termination of registration/access to Forums
Share Premium will determine in its discretion whether there has been a breach of these Terms and conditions. When a breach has occurred, we may take such action as we deem appropriate including:
(i) immediate, temporary or permanent withdrawal of your right to use the Website (including the Forums);
(ii) immediate, temporary or permanent removal of any content submitted by you ;
(iii) issue of a warning to you;
(iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) further legal action against you;
(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude all liability for actions taken in response to breaches. The responses described in this Section are not limited, and we may take any other action we reasonably deem appropriate.
Reporting offensive/illegal content
The Forums contain content submitted by Members and Users over whom Share Premium has no control so we cannot therefore guarantee the accuracy, integrity or quality of any content. Despite our terms and conditions some users may not behave properly and may submit content that is misleading, untrue or offensive.
Although Share Premium does not control or monitor the content submitted by Users or Members, we do not wish to see harmful, offensive or illegal content on our Websites.
So, if you have any concerns about any material that appears on the Websites or you believe that any of the content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at our contact us page with the relevant elements of the following information in sufficient detail:-
(i) the location of the harmful/infringing/offensive content on the Website;
(ii) a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
(iii) a brief description of, and information related to, the copyright work which you believe is infringed; and
(iv) your contact details.
We will remove any and all content, from whatever source and without prior notice if we reasonably believe that content to be in breach of these Terms and Conditions.
Whilst Share Premium does not currently control or monitor content submitted by Members or Users, it reserves the right (which it may exercise at its sole discretion without notice) to commence such monitoring (whether by human moderation or technical methods) or to delete, move or edit any such content.
8. Third party sites and services
The Website may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Some Third Party Sites may be co-branded with Share Radio, Share Music or Share Premium and appear integrated with our content.
Share Premium is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. All such transactions are entered into at your own risk.
If you use links from the Sites to a connected site not operated by Share Premium to download software from the Sites or any other material, files, images or data, you acknowledge and agree that Share Premium has no responsibility or liability in connection therewith, and does not transfer title to you.
Do not install or use any software unless you agree to the terms of the suppliers’ licence agreement. Share Premium is not responsible for any technical or other issues that may happen if you download third party software.
The Websites may contain advertising and sponsorship from third parties. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites complies with international and national law. Share Premium is not responsible for any error or inaccuracy in advertising or sponsorship material. It is your decision whether you purchase or use any third party products or services made available on or via Third Party Sites.
Our Privacy Policy does not apply to Third Party Sites.
To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the Websites.
9. Copyright and intellectual property
Unless otherwise indicated, all content (including text, graphics, audio, whether music and speech, photos and software code etc) on the Website is owned by Share Premium or its licensors.
You must not attempt to modify any Share Premium content on the site in any way.
No Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use. You may print or download information for your own personal use, but no other rights are transferred to you.
You may not reproduce for, or otherwise distribute to, any third party, all or any part of the site, whether modified or not, without written permission. Permission to reproduce our website content or to link to the site can be requested by contacting us at [email protected].
We try to ensure that our information is accurate and up-to-date but we shall not be held responsible for any omissions or for any inaccurate information displayed on the site.
Third Party Copyright
Some of the content used on our Websites (such as, but not limited to, images and/or audio-visual material) are copyrighted works which belong to and are supplied by third parties (including but not limited to the BBC, Digital Look, The Met Office and RadioPlayer), who reserve all their rights in such content. All such third parties shall be entitled to enter the benefit of these Terms in respect of their content as if they were Share Premium and shall be bound accordingly.
10. Prize Draw Terms & Conditions (where applicable)
A. The promoter is Share Premium Ltd (company no. 10446463) whose registered office is at Ashfield House, St. Leonards, Tring HP23 6NP.
B. Employees of Share Premium or those helping to set up the competition shall not be permitted to enter the competition.
C. There is no entry fee and no purchase is necessary to enter this competition.
D. Entrants, who must be UK resident and aged 16 or over, need to register their details on a Share Premium website (Share Radio or Share Music) on or before 31 December 2017.
E. One Ocean Digital WR-220 internet radio will be given away every fortnight from 1 August 2017 to 31 December 2017.
F. No more than one prize shall be given to any one household address during this competition period.
G. Closing date for entries will be 31 December 2017. After this date no further entries to the competition will be permitted unless an extension is provided for in these Terms & Conditions.
H. No responsibility can be accepted for entries not received for whatever reason.
I. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
J. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
K. Winners will be chosen at random each fortnight between 1 August 2017 and 31 December 2017.
L. The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
M. The prize will be despatched within 4 weeks of the winner claiming his/her prize.
N. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
O. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions and agrees to supply his or postal address once they been notified as a winner so the prize can be despatched.
P. The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England
Q. The winner agrees to the use of his/her name and location (not full postal address) in any publicity material and may be featured on the Share Premium websites or read out on air. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
R. The winners' names will be available upon request.
S. Entry into the competition will be deemed as acceptance of these terms and conditions.
T. Details of the Ocean Digital WR-220 internet radio can be found on Share Premium’s websites or at http://www.oceandigitalshop.com/wr-220.
11. General
You may not license or transfer any of your rights under these terms and conditions.
To the fullest extent allowed by applicable law, you agree that Share Premium will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Websites or services or any breach of these Terms by Share Premium, even if Share Premium has been advised of the possibility of such damages. Notwithstanding the provisions of this section, Share Premium's liabilities will not be limited in the case of death or personal injury directly caused by Share Radio's negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.
Share Premium does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties and cannot be held liable for the failure of any such third parties to provide access to an uncorrupted version of the Websites.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and Share Premium in relation of the Website. They supersede all previous communications, representations and arrangements, either written or oral.
12. Choice of law & jurisdiction
These Terms shall be governed by, and construed in accordance with, English Law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
13. Changes to Terms and Conditions
These terms and conditions were published in their original form with Share Radio Ltd. on 1 November 2014 and as revised under Share Premium Ltd. on 1 August 2017.
Share Premium and, prior to its revisal, Share Radio may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of any significant changes to all users and notice to our registered members of all changes affecting them.