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Terms and Conditions

Terms of Website Use

Interpretation

“We”, “us” and “our” mean Onwards and Upwards Publishers.
“You” and “your” mean the person using a Website under these Terms.

“Goods” means the good(s) (including but not limited to books in printed form) you have ordered from us using a Website and “Services” means the service(s) you have ordered from us using a Website (including but not limited to ebooks), together, the “Products”.

“Privacy Policy” means this Privacy Policy which applies to all instances of our collection and/or use of your personal data through the Websites and which can be found here.
“Prohibited Content” means the content set out in the Acceptable Use Policy contained within clause 4 of these Terms.
“Terms” means these Terms of Use of the Websites and all other documents referred to in them.
“Sales Terms” means the Sales Terms and Conditions which apply to all transactions made using the Websites and which can be found here.
“Working days” means all days other than Saturdays, Sundays, and Public Holidays.

1. Your Access to the Websites

By accessing or using any of the Websites, you agree that you have read and understood to the Terms and that you agree to them. Your continued access to and/or use of any of the Websites will mean that you agree to be bound by the most current version of the Terms as may be updated from time to time.

2. Updates to the Terms

These Terms may be changed at any time by us. If we make any changes to the Terms we will include a notice at http://www.onwardsandupwards.org/terms-conditions and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. The Terms were last updated on 11/12/2013.

3. Changes to the Websites

You acknowledge and accept that we may from time to time alter any aspect of the Websites, or any of the Products provided through the Websites, as we think fit and without notice to you.

4. Acceptable Use Policy

4.1. It is a condition of use of the Websites that you will not post any Prohibited Content on any bulletin board, forum or comment or review section of any Website as set out below. Prohibited Content includes (but is not limited to):

4.1.1. falsehoods or misrepresentations that could damage us or any third party;

4.1.2. content or links to websites that are unlawful, obscene, indecent, profane, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, in breach of privacy or confidence or encourage such conduct and/or that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;

4.1.3. any illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or any encouragement to do so;

4.1.4. material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it on the Websites;

4.1.5. impersonation of another person;

4.1.6. advertisements or solicitations of business; or

4.1.7. personal information about another person and/or attempts to solicit personal information from anyone.

4.2. Any content which includes any of the content set out at clause 4.1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 4.1 to be Prohibited Content.

4.3. We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of the Acceptable Use Policy, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from our Websites.

4.4. We reserve the right to suspend your account or terminate your access to the Websites, if you are, in our absolute discretion, deemed to be a repeat infringer of the Acceptable Use Policy.

4.5. If you believe that any posting or review displayed on our Websites contains Prohibited Content, please notify us immediately by contacting us at info@onwardsandupwards.org. We will consider your notification and if we consider it to be appropriate we will take all reasonable steps to remove the Prohibited Content complained about within a reasonable time.

5. Downtime

5.1. You acknowledge and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which a Website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.

5.2. We do not guarantee uninterrupted availability of the Websites, but shall make reasonable efforts to minimise any periods during which a Website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.

6. Hypertext links

6.1. The Websites may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us.

6.2. You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.

7. Security

We take your online privacy seriously. However, although we use appropriate encrypted security software on our Websites, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.

8. Additional rules

The Websites may contain various bulletin boards, competitions and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature before participating in them, as they form part of these Terms to which you agree through your continued use of this site.

9. Use of the Websites

9.1. You must use the Websites for lawful purposes only.

9.2. You must comply at all times with the Acceptable Use Policy set out in clause 9 below.

9.3. You must not send for display on the Websites any material that is unlawful including but not limited to material which is defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights.

9.4. You must not send material containing software viruses or otherwise use a Website in any way that interrupts access to it.

10. Your Account

10.1. In order to purchase Products from us or use any board, forum or comment or review section of any Website you need to register your details with us. On registration, you must provide us with accurate and complete registration information as indicated on the registration screen and it is your responsibility to inform us of any changes to that information (to your email address in particular) by updating your details in the My Account section.

10.2. On first registration you will choose a user name and password (ID). None of our employees or agents will ever ask you for this password. Do not disclose this password to anyone under any circumstances whatsoever.

10.3. You are responsible for all use of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us at info@onwardsandupwards.org.

10.4. Your registration does not in itself entitle you to purchase Products from us or use any board, forum or comment or review section of any Website and we are not obliged to accept any or all orders that you place with us, nor are we obliged to use any content that you provide to us.

11. Privacy

We will only use personal details supplied by you in accordance with our Privacy Policy which can be found here.

12. Intellectual property rights

12.1. This site contains material that is owned or licensed by Onwards and Upwards Publishers. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software.

12.2. 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.

12.3. By posting messages, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with us through the Websites (each a “Communication”), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide licence to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media.

13. Limitations of liability

13.1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.

13.2. We are providing the Websites on an “AS IS, AS AVAILABLE” basis to users. You use the Websites at your own risk.

13.3. Subject to 13.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:

13.3.1. neither we nor our employees or agents are in breach of a legal duty owed to you;

13.3.2. such loss or damage is not a reasonably foreseeable result of any such breach; or

13.3.3. any increase in loss or damage results from a breach by you of any term of these Terms.

13.4. Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.

13.5. Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with these Terms or your use of the Websites generally.

13.6. We further do not warrant that the Websites or the products and materials contained on such Website are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.

14. Indemnity

You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you or your authorised users.

15. General

15.1. Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.

15.2. If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.

15.3. All notices will be in writing and maybe served by either party on the other by hand or by first class pre-paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.

15.4. Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.5. The Websites may provide links to the websites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party websites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.

15.6. These Terms are governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts.

15.7. Neither we nor our affiliates make any representation that materials on the Websites are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Websites from other locations do so under their own initiative and are responsible for compliance with local laws.

16. Termination

These Terms may be terminated by use at any time without notice. In this event of termination, you are no longer authorised to have access to the site and all limitations on our liability and on your use of our material shall survive. These Terms, along with the Sales Terms and any additional rules or conditions referred to herein and the Privacy Policy constitute the entire agreements and understanding between you and us as to your use of the Websites superseding all prior or contemporaneous communications and/or proposals.

17. Comments on how we may improve our service to you

We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please contact us at the email address below.

18. Contact Us

For comments relating to the content of the Websites generally, please email us at info@onwardsandupwards.org.

For service of legal notices our details are as follows:

Onwards and Upwards Publishers Ltd.
3 Radfords Turf
Cranbrook
Exeter
EX5 7DX

 

Terms of Sale

Interpretation

“We”, “us” and “our” mean Onwards and Upwards Publishers Limited.
“You” and “your” mean the person using a Website under these Terms.

“Goods” means the good(s) (including but not limited to books in printed form) you have ordered from us using a Website and “Services” means the service(s) you have ordered from us using a Website (including but not limited to ebooks), together, the “Products”.

“Privacy Policy” means this Privacy Policy which applies to all instances of our collection and/or use of your personal data through the Websites and which can be found here.
“Prohibited Content” means the content set out in the Acceptable Use Policy contained within clause 4 of these Terms.
“Terms” means these Terms of Use of the Websites and all other documents referred to in them.
“Sales Terms” means the Sales Terms and Conditions which apply to all transactions made using the Websites and which can be found here.
“Working days” means all days other than Saturdays, Sundays, and Public Holidays.

1. These Sales Terms

By placing any order for Goods and/or Services on the Websites you agree to be bound by the most current version of the Sales Terms as may be updated from time to time. Both the Terms and the Sales Terms will apply to any transaction in relation to any Product.

2. Updates to the Terms

These Sales Terms may be changed at any time by us. If we make any changes to the Sales Terms we will include a notice at http://www.onwardsandupwards.org/terms-conditions and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. The Sales Terms were last updated on 11/12/2013.

3. Formation of contract

3.1. All orders for Products are offers by you to purchase and accepted only when you receive a confirmation email from us to the effect that your order has been processed and your Products have been dispatched. This will form a contract, which incorporates these terms and conditions, between you and us (“Contract”).
3.2. Where the use of the Products is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.

4. Prices

4.1. All prices for the Products are inclusive of taxes but exclusive of delivery charges.

4.2. The price of an item is the price on the day of your order. We try to ensure that all prices on display on the Websites are accurate but the price on your order will need to be validated by us prior to processing your order. Where a Product’s correct price is higher than the price stated on your order we will contact you to let you know the correct price and give you the opportunity of reconfirming your order or cancelling before we dispatch the Products.

4.3. All Products are subject to availability. Where stock has run out or Products cannot for some reason be dispatched, we will contact you by email to inform you of this and give you a likely delivery date for within 14 days. If it is not possible to deliver within 14 days, we will not accept that part of your order. Where these Products are part of a larger order, we will process and dispatch the available Products to you in the normal manner in accordance with these Sales Terms.

5. Payment

5.1. Payment authorisation must be provided by you on the date that you place an order for Products.

5.2. Payment must be made by Paypal (or by credit/debit card via Paypal). Payment will be debited from your account before despatch of the Products to you.

5.3. You confirm that the Paypal account that is being used is yours.

5.4. All product prices and delivery charges are shown in UK pounds sterling. Paypal or your payment card company will perform any currency conversion, if necessary.

6. Privacy

We will only use the personal details supplied by you in accordance with our Privacy Policy which can be found here.

7. Delivery of Goods

7.1. We can deliver to any address in the United Kingdom.

7.2. There may be a charge for delivery.

7.3. All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.

7.4. We may deliver the Goods by instalments. Delivery charges will be those set out at the time you placed your order.

7.5. If we are unable to perform the whole or part of these Sales Terms due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend these Sales Terms in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered.

7.6. If you receive the wrong goods or Goods are damaged in transit, you must contact us within 28 calendar days via the My Account section and confirm to us what has happened. Please refer to the terms and conditions of our Cancellation and Returns policy which can be found here.

8. Delivery of Services

8.1. Services will be delivered to your account. You will receive an email notifying you once the Services have been sent to your account, following which you may access the Services you have purchased through the My Account section of the Websites.

8.2. If we are unable to perform the whole or part of these Sales Terms due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend these Sales Terms in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Services previously delivered.

8.3. If any of the Services delivered to your account are faulty you must contact us within 28 calendar days via the My Account section and confirm to us what has happened. Please refer to the terms and conditions of our Cancellation and Returns policy which can be found here.

9. Orders of Products to and from Overseas

9.1. There may be a territorial restriction on our ability to deliver Products and we will inform you accordingly. It is your responsibility to provide us with a full and accurate delivery address (including country).

9.2. The provisions of clauses 8 above apply also to overseas sales of Goods (but not Services).

9.3. When ordering Goods for delivery overseas you may be subject to import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

9.4. When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. You are responsible for notifying your local customs office of your purchase. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

10. Risk/Title

10.1. The Products are at your risk from the time of delivery.

10.2. Ownership of the Products does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:

10.2.1. the Products; and
10.2.2. all other sums which are or become due to the us from you on any account.

11. Security

We take your online privacy seriously. However, although we use appropriate encrypted security software on our Websites, the security of any payments transmitted and processed via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of e-mail or other internet link will be borne solely and exclusively by you.

12. Representations and Warranties

Our employees and agents are not authorised to make any representations or give any warranty concerning the Products unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.

13. Limitations of liability

13.1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.

13.2. We are providing the Websites on an “AS IS, AS AVAILABLE” basis to users. You use the Websites at your own risk.

13.3. Subject to 13.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:

13.3.1. neither we nor our employees or agents are in breach of a legal duty owed to you;

13.3.2. such loss or damage is not a reasonably foreseeable result of any such breach; or

13.3.3. any increase in loss or damage results from a breach by you of any of these Terms.

13.4. Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.

13.5. Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with these Terms or your use of the Websites generally.

13.6. We further do not warrant that the Websites or the products and materials contained on such Websites are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.

14. Indemnity

You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Sales Terms by you or your authorised users, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you or your authorised users.

15. General

15.1. From time to time we may make special offers available to you. These are available for limited periods only.

15.2. Our failure to insist upon the strict performance of any of your obligations under the Sales Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.

15.3. If any provision of the Sales Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.

15.4. All notices will be in writing and maybe served by either party on the other by hand or by first class pre paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.

15.5. Nothing in these Sales Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.6. The Websites may provide links to the websites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party websites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.

15.7. These Sales Terms are governed by and construed in accordance with English law and the parties will submit to the exclusive jurisdiction of the English courts.

15.8. Neither we nor our affiliates make any representation that materials on the Websites are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Websites from other locations do so under their own initiative and are responsible for compliance with local laws.

16. Comments on how we may improve our service to you

We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please email us at info@onwardsandupwards.org.

17. Contact us

For service of legal notices our details are as follows:

Onwards and Upwards Publishers Ltd.
3 Radfords Turf
Cranbrook
Exeter
EX5 7DX

Terms of Promotional Offers

Interpretation

“We”, “us” and “our” mean Onwards and Upwards Publishers Limited.
“You” and “your” mean the person taking advantage of a promotional offer under these Terms.

“Goods” means the good(s) (including but not limited to books in printed form) you have ordered from us using a Website and “Services” means the service(s) you have ordered from us using a Website (including but not limited to ebooks), together, the “Products”.

“Offer” means the promotional offer you are taking advantage of, including but not limited to discounted Products on our Website, vouchers offering various kinds of discounts, free products, etc.
“Advertisement” means any kind of written or verbal public announcement originating with Onwards and Upwards regarding the “Offer”, such as on social media, in a Company newsletter, on our website or in a printed advertisement in a magazine.

“Sales Terms” means the Sales Terms and Conditions which apply to all transactions made using the Website and which can be found on this page.

“Working days” means all days other than Saturdays, Sundays, and Public Holidays.

1. General Terms

The following terms apply to all Offers:

When you use an Offer you accept our terms and conditions relating to that Offer and agree to be bound by them.

If the Offer says something that conflicts with the terms listed here, we will honour what it is written in the Offer.

Offers cannot be combined. Unless the Offer says otherwise, you can only use one promotional code or discount Offer per order.

Some Offers will apply only to a particular Product or category of Products. In this case it will be made clear in the Offer description.

Offers will not usually apply to sale items. Unless the Offer says otherwise, we reserve to right to exclude sale items from the Offer.

Offers do not apply to delivery charges unless clearly stated.

We can decline your order, if we don’t think the promotional code or Offer used is valid for the product(s) ordered, or if we reasonably suspect fraud.

2. Free Delivery

If an Offer includes free delivery, it will only be valid within the United Kingdom of Great Briatin and Northern Ireland.

3. Voucher Codes

These terms apply to voucher codes, in addition to the General Terms:

This Offer is only available online at www.onwardsandupwards.org. Such promotion discounts are not valid for use as part of telephone orders.

To claim your discount online, visit www.onwardsandupwards.org and type the offer code XXXX in the box provided once you have added the item(s) to your shopping basket and are checking out. 

Vouchers cannot be used in conjunction with any other vouchers or promotional codes.

Voucher offers usually do not apply to delivery charges unless stated. 

3. Offer Refunds

Any refunds will take into account the discount received on a Product.

4. Sales Terms

By placing any order for Goods and/or Services on the Websites you agree to be bound by the most current version of the Sales Terms as may be updated from time to time. Both the Terms and the Sales Terms will apply to any transaction in relation to any Product.

5. Updates to the Terms

These Promotional Offer Terms may be changed at any time by us. If we make any changes to the Promotional Offer Terms we will include a notice at http://www.onwardsandupwards.org/terms-conditions and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. The Promotional Offer Terms were last updated on 20/11/2018.

6. Jurisdiction

These terms and conditions are governed in accordance with the laws of England and Wales.

Privacy Policy

1. Introduction

1.1 In this policy, “we”, “us” and “our” refer to Onwards and Upwards Publishers Ltd.

1.2 We are committed to safeguarding the privacy of our website visitors and service users.

1.3 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.4 We use cookies on our website. We will inform you of our use of cookies when you first visit our website.

1.5 Parts of our website incorporate privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications from us, and limit the use of your information.

2. How we use your personal data

2.1 In this Section we have set out:

  • the general categories of personal data that we may process;
  • the purposes for which we may process personal data; and
  • the legal bases of the processing.

2.2 We may process data about your use of our website (“usage data”).

The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your website use.

The source of the usage data is our website analytics tracking system.

This usage data may be processed for the purposes of analysing the use of the website and services.

The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services, communicating with you on our website, and carrying out our business; and/or the carrying out of a contract, or taking steps towards entering into a contract with you; and/or consent.

2.3 When you enter a contract with us or indicate an interest in taking steps towards entering into a contract with us, we may process your account data (“account data”).

The account data may include your name and email address(es), phone number(s), postal address(es), contact details for a reference, how you heard of us, communication history, and any other data that may be necessary to carry out a contract or to take steps towards entering into a contract with you.

The account data may be processed for the purposes of communicating with you, operating our website, providing our services, ensuring the security of our website and services, and maintaining back-ups of our databases.

The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract; and/or our legitimate interests, namely carrying out our business; and/or consent. Some account data may also be necessary for performing financial transactions between us and you, and the legal basis for processing data relating to such transactions may include compliance with legal obligations to which we are subject.

2.4 We may process information that you post for publication on our website, in our publications or through our services (“publication data”).

Publication data may be processed for the purposes of enabling such publication and administering our website and services.

The legal basis for this processing is consent; and/or our legitimate interests, namely the administration of our website and running our business; and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract; and/or the performance of a task carried out in the public interest, namely publication.

2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”).

The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you.

The legal basis for this processing is taking steps, at your request, to enter into a contract with you, and/or consent.

2.6 We may process information relating to our customer relationships, including customer contact information (“customer relationship data”).

The customer relationship data may include your name, your company name, your job title or role, your contact details, and information contained in communications between us and you or the organisation you work for. The source of the customer relationship data is you or your employer.

The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers.

The legal basis for this processing is consent, and/or our legitimate interests, namely the proper management of our customer relationships, and/or carrying out a contract.

2.7 We may process information relating to transactions, including purchases of goods and services, that you enter into with us (“transaction data”).

The transaction data may include your contact details, your banking details and the transaction details.

The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions.

The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract, and/or our legitimate interests, namely the proper administration of our business, and/or compliance with a legal obligation to which we are subject, namely the requirement to maintain proper financial records.

2.8 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters and/or marketing correspondence (“notification data”).

The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters and/or correspondence.

The legal basis for this processing is consent, and/or the performance of a contract between you and us, and/or taking steps, at your request, to enter into such a contract, and/or legitimate interests, namely the need to keep our customers and potential customers informed regarding our goods and services.

2.9 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others, and/or compliance with a legal obligation to which we are subject.

2.10 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice.

The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks, and/or compliance with a legal obligation to which we are subject.

2.11 In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.12 Please do not supply any other person’s personal data to us, unless we request you to do so, and explain the legal reasons for requesting such data.

3. Providing your personal data to others

3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.2 Financial transactions relating to our products and services are or may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

3.3 In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. International transfers of your personal data

4.1 In this Section, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

4.2 Our mass mailing provider, MailChimp, is situated in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of United States under The Privacy Shield framework. Transfers of data to MailChimp will be protected by appropriate safeguards adopted or approved by the European Commission under the Privacy Shield, a copy of which can be obtained from

https://www.privacyshield.gov

4.3 You acknowledge that personal data that you submit for publication through our website or services (“publication data” as defined in section 2.4) may be available, via the internet, around the world. We cannot prevent the use or misuse of such personal data by others.

5. Retaining, correcting and deleting personal data

5.1 This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention, accuracy and deletion of personal data.

5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3 We will retain your personal data as follows:

– Transaction data will be retained for a minimum period of 7 years following the completion of the transaction, in order to comply with our legal obligations regarding financial records.

– Publication data will be retained for an undetermined period for archiving purposes in the public interest.

– In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on your ongoing relationship with us, on the need for compliance with a legal obligation to which we are subject, for archiving purposes, or in order to protect your vital interests or the vital interests of another natural person.

5.4 We will correct errors of fact in our data, as necessary, at your request or as a result of us being made aware by any other means, of an inaccuracy in our data.

6. Your rights

6.1 In this Section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

6.2 Your principal rights under data protection law are:

– the right to access;

– the right to rectification;

– the right to erasure;

– the right to restrict processing;

– the right to object to processing;

– the right to data portability;

– the right to complain to a supervisory authority; and

– the right to withdraw consent.

6.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data.

Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

6.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

6.5 In some circumstances you have the right to the erasure of your personal data without excessive delay.

Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed.

However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; for carrying out of a contract; or for the establishment, exercise or defence of legal claims.

6.6 In some circumstances you have the right to restrict the processing of your personal data.

Those circumstances include: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data.

However, we will only otherwise process it with or without your consent: for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; for compliance with legal obligations to which we are subject; or for reasons of public interest.

6.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party.

If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

6.8 You have the right to object to our processing of your personal data for direct marketing purposes, including profiling for direct marketing purposes. If you make such an objection, we will cease to process your personal data for this purpose.

6.9 To the extent that the legal basis for our processing of your personal data is consent; or the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

6.10 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

6.11 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

6.12 You may exercise any of your rights in relation to your personal data by written notice to us, or verbally in person or over a phone call. We may take steps to verify your identity, and we may require additional information or documentation in order to verify your identity, before acting on your requests or instructions.

7. About cookies

7.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

7.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

7.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

8. Cookies that we use

8.1 We use cookies for the following purposes:

(a) authentication – we use cookies to identify you when you visit our website and as you navigate our website;

(b) analysis – we use cookies to help us to analyse the use and performance of our website;

9. Cookies used by our service providers

9.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

9.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/

10. Managing cookies

10.1 Most browsers allow you to refuse to accept cookies, to manage cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. Information about how to do so can be found in the help files of your browser, or on the website of the browser provider.

10.2 If you block cookies, you will not be able to use all the features on our website.

11. Our details

11.1 This website is owned and operated by Onwards and Upwards Publishers Ltd.

11.2 We are a limited company registered in England and Wales under registration number 7496443, and our registered office is at 35 Over Street, Brighton, BN1 4EE, UK.

11.3 Our principal place of business is at 3 Radfords Turf, Cranbrook, EX5 7DX.

11.4 You can contact us:

– by post, to the postal address given above;

– by telephone, on the number displayed on our website.

 

 

 

 

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© 2018 Onwards and Upwards Publishers Ltd.

CONTACT US

Onwards and Upwards Publishers
3 Radfords Turf
Cranbrook
Exeter
EX5 7DX

+44 (0)1404 371459
info@onwardsandupwards.org

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