PROSPEROmagazine Terms and Conditions
Terms and conditions
of use for www.prosperomagazine.com and www.prosperostore.com.
PLEASE READ THESE TERMS AND CONDITIONS
If you do not wish to be bound by these Terms then do not proceed to use the
website. Usage of the website will assume acceptance of these Terms and Conditions.
DEFINITIONS
‘Advertisers’ are third
party suppliers whose companies, brands and products may appear on the website
of PROSPEROmagazine.
‘Benefits’ are products, services or savings made available on the
www.prosperomagazine.com to viewers and www.prosperostore.com website to Members
on favourable terms, and provided by Suppliers.
‘Card Partner(s)’ means companies and organisations that have an agreement
with P&MM (see below) to give Members a discount on their purchases using
The Utility Warehouse prepaid Mastercard®. Such discount to be that in force
under the prevailing agreement between P&MM and the relevant Card Partner.
‘CashBack Card’ is the Utility Warehouse prepaid Mastercard® operated
by The Utility Warehouse Discount Club and available to members of PROSPEROstore.
This card is issued on behalf of PrePay Technologies Ltd by Clydesdale Bank
PLC pursuant to license by MasterCard® International Incorporated. MasterCard
is a registered trademark of MasterCard International Incorporated. PrePay
Technologies Ltd is authorised and regulated by the Financial Services Authority.
‘Member’ means a person who has a live account with an affiliate of PROSPEROstore
and which entitles him or her to access pages of the www.prosperostore.com
website.
‘Membership’ means the entitlement to access the www.prosperostore.com
website and the entitlement to take advantage of the Benefits for the duration
of their affiliate account or for such other period of time as determined
by the Company.
‘P&MM’ means P&MM Limited, the company providing the infrastructure for
the Utility Warehouse prepaid Mastercard® and the warehouse section of the
Website.
‘PROSPERO’, ‘PROSPEROstore’, ‘PROSPEROmagazine’, ‘PROSPEROcard’,
and ‘PROSPEROclub’ are all names operated by Prospero Investments Limited,
via its websites ‘prosperostore.com’ or 'prosperomagazine.com'.
‘prosperomagazine.com’ is the website operated by Prospero Investments Limited.
‘PROSPEROmagazine' is the website operated by Prospero Investments Limited.
‘prosperostore.com’ is the website operated by Prospero Investments Limited
on behalf of a number of affiliated companies.
‘PROSPEROstore’ or 'Prosperostore', is the website operated by Prospero Investments Limited on behalf of a number of affiliated companies.
‘PROSPEROclub’ is the club for members/users of the website ‘prosperostore.com’.
‘Prospero Investments Limited’ is a company registered in England number 05580531.
‘Services’ means the benefits, products, goods, services, savings and
information provided by the Company for the benefit of Members.
‘Sponsors’ means sponsoring organisations and advertisers whose names
appear on the website and whose own websites may be accessed by internet links
from www.prosperostore.com.
‘Supplier’ means a company or organisation supplying Benefits and Services
to a Member or a user on a third-party basis.
‘Terms’ means the Terms and Conditions described in this document including
all definitions. Terms relate to the www.prosperostore.com and www.prosperomagazine.com
websites and to associated and related websites, and to Benefits and Services
provided by the Company and its Suppliers to Members and other users.
‘The Company’ means Prospero Investments Limited and its subsidiaries and
the operating names of PROSPEROstore, PROSPEROmagazine, PROSPEROcard and PROSPEROclub.
‘The Utility Warehouse prepaid Mastercard®’ is a pre-paid card available
to Utility Warehouse members and issued by Clydesdale Bank, which has its
own terms and conditions and which should be read and considered separately.
‘Visitor’ means a person who is not a Member and cannot access the
Website, but is given a general tour of what the Website offers.
‘Website(s)’ means the www.prosperostore.com and/or the www.prosperomagazine.com
website and all internet pages accessible within that website.
’We/us/our’ means www.prosperostore.com and/or www.prosperomagazine.com
and/or Prospero Investments Limited.
‘You/your’ means (as appropriate), the Visitor(s) or Member(s) accessing
the Site or taking advantage of a benefit or saving.
TERMS AND CONDITIONS
General
As a user of the websites, you agree to abide by the Terms. When responding
to an offer or purchasing products or services through the Websites or when
purchasing from a Supplier, you agree that the Terms as well as any additional
terms that are posted on specific services or products, the warehouse part
of the website or Supplier websites shall apply to your purchase.
The Terms will apply each time you access the Websites. The Terms may be amended
from time to time if necessary and it is your responsibility to bring the
Terms to the attention of anyone who may, through you, view material on the
Websites. These Terms should also be read in conjunction with the Terms on
the warehouse part of the Website. The list of Card Partners may change from
time to time and you should check the list on this website to see an up to
date list of the participating organisations.
If you do not wish to be bound by the Terms, do not proceed to use the Websites.
If you have any questions relating to the Terms please contact us at info@prosperostore.com.
Access to the Websites
You may access the Websites as follows: (c) Any person may access www.prosperomagazine.com.
(b) If you are a full Member of The Utility Warehouse Discount Club you will
have a username and password enabling you to log on via The Utility Warehouse
Discount Club website, or via the log in page of www.prosperostore.com. (c)
If you have membership of, or are a client of any other affiliate to PROSPEROstore
you will be given a username and password enabling you to log into the website.
A person must be 18 years of age or over to become a Member and to access
www.prosperostore.com.
The right to access www.prosperostore.com is granted by the Company to one
specific individual only (the Member). The Member is responsible for ensuring
that no one other than the Member uses the Membership. The Company does not
permit any other person to share the Member’s user name and password, neither
does it permit access to the Website through a single username and password
being made available to multiple users on a network. If you believe your login
details are being used by an unauthorised person or in an unauthorised manner,
please contact us immediately at info@prosperostore.com.
If we have reasonable grounds for believing that multiple users are sharing
a Member’s single name and password, whether through a network or not, we
reserve the right to cancel the relevant Membership immediately. If an unauthorised
user attempts to purchase goods or services through the Website, we reserve
the right to cancel any such purchase transaction immediately with the result
that the unauthorised purchaser may forfeit any deposit or payment that has
been made to a Supplier, prior to cancellation of the transaction.
Membership Benefits and Services
Some Benefits and Services displayed on PROSPEROmagazine are only avialable
to Members of PROSPEROstore. PROSPEROstore endeavours to ensure that product
and service descriptions are as full and accurate as possible but is not responsible
for inaccurate or misleading product descriptions. However, many discounts
and offers on PROSPEROmagazine are available to any user. Products may differ
slightly from the images shown.
Members should note that Suppliers of Benefits and the Benefits themselves
are subject to availability and may change from time to time without notice.
However, the Company aims to ensure that Benefits remain available at all
times. We are constantly negotiating new Benefits to ensure that Members receive
maximum value from their Membership.
The Company reserves the right to withdraw any of the Benefits at any time.
If any Benefits become unavailable, we try to ensure that outstanding orders
are honoured, but the Company shall not be responsible for any actions of
Suppliers beyond its control. In such an event, the Supplier may offer you
substitute products of a similar description and standard, but you may refuse
the substitute products and, in that event, receive a full refund. Offers
on PROSPEROmagazine are provided by Suppliers and as such we have no control
over the availaility of the offer, but all such discounts and information
are provided in good faith.
Suppliers are responsible for providing you with the Benefits and Services
you select. Suppliers may impose their own terms and conditions on transactions
and Members are required to comply with these should they wish to purchase
their Benefits or Services.
All Services including travel tickets and holidays purchased through PROSPEROstore
will be subject to the terms and conditions of the travel or holiday operator
and the Supplier. Please note that neither the Company nor www.prosperostore.com
or www.prosperomagazine are authorised travel agents or tour operators and
each only acts as an introductory agent on behalf of the Supplier. All Members
rights and remedies relating to unsatisfactory fulfillment of purchases are
against the relevant supplier, not against PROSPEROstore or PROSPEROmagazine..
The purchase price of all products and services is due for payment on acceptance
of the Member’s order by the Supplier.
Each Supplier will have its own policy for the return of products or services
and Members and users should make themselves aware of this policy before purchasing.
In particular, products that are personalized will not be returnable.
The Utility Warehouse prepaid Mastercard® is available to Utility Warehouse
Members if they apply for the card and can be used to purchase Benefits and
Services from the PROSPEROstore website.
Liability
The Company warrants to Members and users that it will use reasonable endeavours
to provide the Benefits and Services with reasonable care and skill and, as
far as is reasonably possible, in accordance with Members’ requests and instructions
from time to time. Where we supply you with any goods or services supplied
by a third party, then we are acting as your agent in sourcing the goods or
services. We will use reasonable care in selecting the Supplier and ensuring
the order is placed in accordance with your wishes. You are deemed to be responsible
for, and shall use your own skill and judgement as to the quality, value and
suitability of such information and suggestions in relation to deciding whether
or not to enter into a contract with any third party for the supply of services
or sale of goods.
Your contract for the purchase of products or services is made with the relevant
Supplier only. PROSPEROstore and PROSPEROmagazine act as an agent for the
Supplier and, unless expressly provided otherwise, all your rights and remedies
are against the Supplier. Nothing in these Terms is designed to give any other
person any rights or remedies under the Contracts (Rights of Third Parties)
Act 1999. The Company will not be responsible for products and services offered
by it as agent for Suppliers or for any aspect of the relationship between
the Member and any particular Supplier. PROSPEROstore will however do everything
it reasonably can to assist Members in dealings with Suppliers.
You agree that any contract entered into by you with any of the Suppliers
is an independent contract. PROSPEROstore and PROSPEROmagazine hereby disclaim
any and all liability for any act or omission of any Supplier or any loss
incurred by you as a result of any act or omission of a Supplier. Prosperostore
accepts no liability for any losses or claims arising from any inability to
access the Website or any failure to complete a transaction.
Save in respect of death and personal injury caused by the negligence of Prosperostore
Ltd. or as expressly provided for in these Terms, the Company shall not be
liable for any loss, cost, expense or damage of any nature whatsoever (whether
direct or indirect) resulting from the provision of the Services or your reliance
upon the information and suggestions provided by Prosperostore hereunder and
the resulting supply of Benefits and Services to you by any third party.
The Company shall have no liability to you for any loss, damage, costs, expenses
or other claims for compensation arising from requests or instructions supplied
by you which are incomplete, incorrect or inaccurate or arising from their
late arrival or non-arrival, or any other fault of you.
The Company shall not be liable to you or be deemed to be in breach of these
Terms by reason of any delay in performing, or any failure to perform, any
of the Company 's obligations in relation to the Services, if the delay or
failure was due to any cause beyond the Company’s reasonable control.
www.prosperostore.com and www.prosperomagazine.com aim to ensure that viruses
(or other programs having adverse effects) do not reside on the Websites,
but the Company accepts no responsibility in relation to this.
This section applies only to the extent permitted by law.
Copyright
The Company owns or is lawfully entitled to all of the copyright in this Website.
All other intellectual property rights are reserved. This Websites are for
personal use only and may not be used for commercial purposes. You may only
download to your personal computer for viewing purposes and print out a number
of pages of the Websites for your personal use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer or sell any information obtained from this
Website. Any views express in PROSPEROmagazine are our own unless shown otherwise.
Links
Where a Member links from PROSPEROstore or PROSPEROmagazine Websites to the
warehouse part of the Website provided by P&MM Limited, a Member should then
read the Terms and Conditions on the warehouse website in addition to these
Terms and Conditions and should not proceed unless they agree to be bound
by those Terms and Conditions as well.
The Company assumes no responsibility for the contents of any other websites
to which the Websites have links and shall not be held responsible or liable
for any loss or damages caused or alleged to have been caused by use of or
reliance on any content, products or services available on such hyperlinked
sites. The inclusion of any hyperlinks to such other websites does not mean
that PROSPEROstore or PROSPEROmagazine endorse the material on such websites
or has any association with the owner thereof.
Data Collection
The Company is the Data Controller and is licensed under the Data Protection
Act No. Z1069833.
Privacy Policy
PROSPEROstore does not hold your personal membership information. We will
not disclose your information to anyone other than to Suppliers and any relevant
delivery organisation and other third parties who need to know in order to
process your Membership or your order on PROSPEROstore. However, we may keep
you informed of forthcoming benefits or offers via the affiliate who has granted
you Membership access to the Website. Should you enter a competition or send
in your details and/or email address as a result of reading a feature in PROSPEROmagazine
you will be given the opportunity to decline to receive future email alerts
from us on further offers and discounts.
The Website contains links to Suppliers' websites. PROSPEROstore cannot be
responsible for the privacy practices of other such sites. We encourage users
to be aware when they leave our site and to read the privacy statements of
each and every website.
This privacy statement solely applies to information collected on this Website.
The terms of this privacy statement may change from time to time so please
check this statement regularly for updates.
We may look at the products you buy, together with the way you view our site,
to enable us to improve our service and send you information about products
and services that may be of interest to you. We may collect information about
our customers via server logs, cookies, and order forms. A cookie is a file
that your web browser places on your computer’s hard disk for record keeping
purposes.
Prospero Investments Limited is your Data Controller and is registered with the Information
Commissioner’s Office registration number Z1069833. In addition to the company's
safeguards, your personal data is protected in the UK and Jersey by the relevant
Data Protection Acts (‘the Acts'). The Acts require us, as registered Data
Controllers, amongst other things, to ensure that the data we hold about you
should be processed lawfully and fairly.
Contacting Us
If you have any queries or comments please write to Prospero Investments Limited,
Londesborough House, 34 High Street, Lymington SO41 9AF or email us at
info@prosperostore.com.