Website Terms and Conditions of Use

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General.

Our Website is available for You to use subject to these Terms and Conditions of Use and You agree that these Terms and Conditions of Use constitute a legally binding agreement between Us and You for the content Website. If You do not wish to be bound by them then You should leave the site immediately. 

We reserve the right to amend these terms and conditions at any time and We will post such revisions on our Website.

Special terms and conditions will apply to products and services that are part of Our subscription services.

 

Using this Website - Members

a) Our Website enables our Members to access discount codes (offers) from organisations providing goods and services (Sellers). You can become a Member by joining via the Website provided that You are at least 18 years of age, a resident of the UK or Republic of Ireland and provide accurate and current information about yourself.

 

b) Eligibility to become a member

     To become a member of This is Visibility Members benefit programme, you will need to meet our         eligibility criteria, you will need to:

 

     ● Be over the 18 years of age;

     ● Have a disability in accordance with the Equalities Act 2010;

     ● Be in receipt of a qualifying benefit or other evidence of your disability;

     ● Provide evidence of your disability.

 

     You will need to be in receipt of any of the following:

     ● Enhanced or Standard PIP Daily Living Component

     ● High or Middle rate DLA Care Component

     ● Employment and Support Allowance

     ● High Rate Attendance Allowance

     ● Certificate of Visual Impairment

     ● War Disablement Pension

     ● Armed Forces Independence Payment (AFIP) Direct Payments

     ● Social Services Care Package

     ● Continuing Healthcare Package

     ● Dual Sensory Impairment

     ● Blue Badge

     ● Disabled Rail Card

     ● Disabled Bus Pass

     ● Other in which you will be able to give details.

 

     You will need to submit one or more of the following evidence:

     ● A letter from the Department of Work and Pensions that confirms that you or the person you are          applying for is in receipt of one of the benefits listed

     ● A letter from your Doctor or Consultant

     ● A letter from the relevant Local Authority confirming that you are in receipt of Social Services                Care Package, Continuing Healthcare Package or registered for Direct Payments

     ● A Certificate of Visual Impairment

     ● Photograph/Scanned copy of Blue Badge, Disabled Rail Card or Disabled Bus Pass

     ● Other which you will be able to state.

 

      If you are not in receipt of any benefits or do not have a Blue Badge, Disabled Rail Card or                    Disabled Bus Pass, but you do have a disability, we would require a letter from your doctor or                consultant on a letterhead or a copy of a report confirming this or have the form signed and                  stamped by your doctor or consultant, which you can download from our page or we can email            this to you.

 

      Anti-discrimination – all forms of discrimination are unacceptable. We have based our business            model on the definitions of disability enshrined in English law under the Equality Act 2010 and              that is the basis upon which we have negotiated with our sellers. However, it is not our intention            that this should be discriminatory in any way or cause detriment to anyone who suffers from a                disability but do not fall under the above criteria or cannot provide the proof specified. If this is            the case, then please contact us so that we can review your eligibility in a more flexible way. 

 

      If you have any questions, please do contact us at admin@thisisvisibility.com

 

c)   Offers are only exclusively available for Members when logged into their account.

 

d)   Member’s account, password and security – 

i. Account registration - Full use of Our Website as a Member requires users to open an account and complete the registration process by providing certain information about themselves including details and proof of a recognised disability after which they must register a username and password. Each person or organisation may only register once, have one account and cannot change their Member ID. A Member’s full use of the Website only becomes valid once We have approved registration and We reserve the right to lawfully refuse registration which is exercised using Our sole discretion. Either party to this agreement is free to cancel the Membership at any time.

ii. Cancellation within 14 days of signing up - Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under these regulations, if you are a consumer (i.e. not acting as a business) you have the right to cancel within 14 days of TIV accepting your application. In order to do so cancellation must be made in writing or by fax or by email to TIV. If you request an immediate start to your membership service then you may forfeit some or all of these rights to cancel and you may be liable for all or some of the costs of the services provided prior to cancellation. If you do not request an immediate start to the service then We will not activate your account for 14 days after acceptance of your application. 

iii. Cancellation after 14 days of signing up – You can cancel your membership at any time by emailing us at admin@thisisvisibility.com .

iv. Members are solely responsible for maintaining the confidentiality of their username and password and for all use and activities under their account. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from a Member’s disclosure of their username and/or password.

v. Members are liable for the accuracy of the information they submit in their application and are also responsible for making sure that their account information is correct and always up-to-date and must immediately let Us know about any information changes (for example a change of email address) by logging into their  account and making the changes on the dashboard or submitting a request at admin@thisisvisibility.com . We may ask You to update Your information from time to time and not doing so upon request will result in the suspension of Your Membership. We may also change registration requirements from time to time and reserve the right to ask Members to change their usernames and/or password at any time to protect that account.

vi. Members who forget or lose their password or account details must follow the “Forgotten Password” process details of which are located at www.thisisvisibility.com .

​vii. Members must not in any way transfer their registration/account or obligations or the discount codes given to them and We advise Members not to allow anyone else to use their account without the Member’s express knowledge and permission. Members also specifically confirm that they will:

• Notify Us immediately of any unauthorised use, including any unauthorised use of their registration/account with the Website or any other known or suspected breach of security and

• Use their reasonable efforts to immediately stop any such misuse.

viii. Members who wish to cancel their account should contact us using admin@thisisvisibility.com and must immediately stop using any discount codes.

ix. For information about how we collect and use personal data please see our Privacy Policy.

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e)   Payment – As soon as a Member is approved their membership fee becomes due immediately              unless there are any special limited time membership fee offers specified on the website in which          case the payment terms of such offers will prevail.

 

f)    Members must not share, provide, display or otherwise make offers available to other people or            organisations, including, for example, providing them on social networks or online forums. This            includes offers which are sent to Members via emails or other communications.

 

g)   Any Member who uses a Seller’s offer is then redirected (via a link) to that Seller so the Member            can take advantage of the offer by making a purchase via a contractually binding transaction. Any        decision to enter into such a transaction is the sole responsibility of the Member and You are                advised to read and understand the individual Seller’s terms and conditions before finalising the          transaction.

 

h)   All transactions which take place whilst using Our Website will be completed directly with the                applicable Seller who is responsible for the security, completion and fulfilment of that transaction.        Members enter into a separate agreement which has nothing to do with Us and Members                      specifically confirm that We cannot be held liable in this regard. Payments are made directly to              the Seller who will deal with all cancellations, refunds or issues. Since We are not responsible for            and are never a party to any transaction (which is made directly between any Member or Seller)            we do not have any legal obligations which apply to those Sellers. Your use of the Member’s area          of this Website confirms Your acceptance of this.

 

i)    All offers that We display are as provided directly by the Seller and We are not responsible for any       errors, including when an offer is not working, out of date or is incorrect. Sellers can add, amend or       withdraw their offer at any time and without giving Users any notice. Transactions are tracked using       cookies – please refer to our Cookie Policy and also our Privacy Policy to see how personal data is         used.

 

j)    If an offer does not work, Members should contact Us using the Help facility                                              at admin@thisisvisibility.com .

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​k)   Please note that offers cannot be applied:

​​​i. unless you use the Website and enter the correct offer/code at checkout

ii. retrospectively (after you have completed a transaction).

 

 

l)    Limitation of Liability (Members) - for the avoidance of any doubt, if the law allows We will not be          held responsible for any direct or indirect loss, incidental or consequential damage, or loss                    (economic or otherwise), any punitive or exemplary damages, any loss of data, profits, reputation          or goodwill or business opportunities or contact, however it arises, including out of negligence            relating to or in any way connected to the website or its use. In the unlikely event any Member has        any right, claim or action against us, then, in so far as the law allows, the Member’s claim will be            limited to the sum of £100.

 

m)  Without limiting any other remedies available to us, we may terminate, suspend or limit any                  use/registration/account at our absolute discretion, either with or without notice, particularly,                where we suspect that you have engaged or are about to engage in, or have been in any way                involved in or linked to, breaches of any of the Terms and Conditions or security.  If we do not act          upon any breach immediately, you should not assume we have waived any rights as to                            enforceability or to seek redress, unless we have expressly stated that in writing.

 

n)   Each Member agrees to indemnify and hold This is Visibility and its employees and agents                    harmless from and against all liabilities, damages, losses, costs and other expenses, including any        legal fees, known and unknown, arising from or in any way connected with a breach of these                  Terms and Conditions by or connected with that of the Member or their use of the website

 

Use of this Website – all users

 

1) Parental supervision

Parents should supervise any children whom they allow to access Our Website and accept responsibility for the child’s use.  We specifically advise Users against revealing any child’s personally identifiable information.

 

2) Privacy

Use of any of the data that You give Us or that We gather during Your Use of our site is governed by our separate Privacy Policy.

 

3) Viruses and Web security

Whilst We take every precaution available to Us, We cannot guarantee that the site will be free from bugs or viruses. You are responsible for ensuring that the systems and hardware used to access Our site are fully protected. 

 

4) Site availability

Full use of Our Website and its contents will only be for registered Users (Members) who are signed in and do not disable cookies. If you are not registered as a Member or have disabled cookies, then you may be able to view some of the Website but may not be able to fully participate.

 

We make every effort to make this site available all day, every day. We will from time to time update our site and in order to do this We may need to suspend access to the site with or without warning. We make no warranty as to the ongoing availability of the site and You agree that in the event that We remove the site either temporarily or permanently that We will not be liable for any losses whatsoever incurred by You to the maximum extent permitted by applicable law.

 

5) Your licence to Use the Website and its non-subscription contents

You may view, download for caching purposes only and print pages from Our Website subject to the following restrictions.

You must not:

a)   Sell, rent or otherwise sub-license material from Our Website;

b)   Republish material from Our Website anywhere including on another Website;

c)   Show any material from Our Website in public;

d)   Reproduce, duplicate, copy or otherwise exploit material on Our Website for commercial              purpose;

e)   Edit or otherwise modify any material on Our Website;

f)    Redistribute material from Our Website.

 

6) User content

Where You have submitted content including but not limited to text, images, audio material, video material to be published on our Website You:

a)   Grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce,                  publish and distribute Your content in any language and in any jurisdiction;

b)   Warrant that the content does not infringe any 3rd party’s legal rights and that You will                     indemnify us against any legal action that may be taken against Us by any 3rd party;

c)   Warrant that Your submitted content is not nor has ever been the subject of any threatened          or actual legal proceedings or any similar complaint.

 

Note that We do not monitor the submission or publication of all User submitted content but We reserve the right to remove without notice any material submitted and published on our Website. 

 

7) Unacceptable Use

Unacceptable use of Our Website will result in Your right to access and Use it being immediately withdrawn. Unacceptable use includes but is not restricted to the following actions in contravention of The Computer Misuse Act 1990 and other current applicable laws:

a) You must not knowingly introduce viruses, trojans, worms, logic bombs or any other material that is maliciously harmful to the site or other users of the site;

b) You must not attempt to gain unauthorised access to Our servers, the server on which the site is stored or any other server or machine on which data connected with Our site is stored;

c) You must not attack Our site via either a denial of service attack or a distributed denial of service attack;

d) You must not use Our site in any way that causes or is likely to cause the site or access to the site to be interrupted, damaged or impaired in any way;

e) You must not use our site for any unlawful purpose including but not limited to:

i.   Any fraudulent purpose in connection with a criminal offence or otherwise in committing       any unlawful activity;

ii.  Sending, using or re-using any material that contains material that under the laws of               England & Wales is deemed to be obscene (including material in breach of the Obscene       Publications Act 1959, the Protection of Children Act 1978, the Sexual Offences Act                 2003), blasphemous, offensive to religion or defamatory towards any person living or               dead and does not contain material that has been obtained in violation of the Data                 Protection Act 1998, the Freedom of Information Act 2000, the Regulation of                           Investigatory Powers Act 2000, the Privacy and Electronic Communication Regulations           2003, the Official Secrets Act or any analogous domestic or foreign legislation or any               material that will infringe any intellectual property rights, constitute a contempt of court         or invasion of privacy;

iii. Sending, using or re-using any material that contains software viruses, trojan horses,               worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar         computer code that is designed and intended to cause harm or adversely affect the               operation of any computer hardware or software;

iv.  Attempting to use our site for political campaigning, commercial solicitation, chain                 letters, mass mailings or any spam;

v.   Impersonating any third party or otherwise misleading as to the origin of material;

vi.  Removing, obscuring or altering any copyright, trademark or other proprietary rights              indications;

vii. Deleting falsifying any author attributions, legal notices or any other indications or the            origin or ownership of any material on our site;

 

8) Accounts and Passwords

If You have registered as a Member to use all or parts of Our Website then You must keep Your user identification and password confidential and only for Your use. Failure to comply with this term may lead, at our sole discretion, to Your access being disabled on either a temporary or permanent basis.

 

9) Intellectual Property Rights

​a) Subject to the express provisions of these terms and conditions:

i.   We, together with Our licensors, own and control all the copyright and other intellectual         property rights in relation to the content, layout, design, data, databases and graphics as       provided under UK and other international intellectual property laws;

​​ii.  All the intellectual property rights (including but not limited to text, graphics, logos,               icons, images, sound clips, video clips, data compilations, page layout, underlying code         and software) in Our Website and the material on Our Website are reserved;

b) Subject to the provisions of section 5 You are granted a revocable, non-transferable licence to      use material on Our Website for personal, non-commercial Use. You must not use any part of        the materials on Our site for commercial purposes without obtaining a licence to do so from          either Us or Our licensors;

c) You may not create any derivative work or make any changes to the content without Our prior      written consent;

d) You must not separate content and use the parts independently and out of the context in              which they appear on Our site;

e) You must maintain all trademarks, copyright notices and bibliographical citations as they                appear in the content.

 

10) Links to and from 3rd party Websites

a) Links to 3rd party sites - You will find links on our Website that will take You to 3rd party                  Websites. These are provided for Your convenience and do not imply that We endorse or              approve the content or operators of those Websites. We are not responsible for the operation      or content of any Website other than Our own and if You visit any 3rd party Website via one of      these links then You do so at Your own risk.

b) Links from 3rd party sites – any 3rd party wishing to link to Our Website is entitled to do so subject to the following conditions:​

i.   You do not misrepresent Your relationship with Our site or Our business;

​ii.  You do not imply that We endorse Your products, services or business operation unless         We have agreed this with You in writing;

​​iii. Your Website complies with the provisions given in section 7 above regarding                           unacceptable use and content;

 

iv. You will indemnify Us against any and all damage suffered by Our Website as a result on         the linking

 

11) Limitation and exclusion of warranties and liability

All material contained within or displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness or that it is up to date. To the extent permitted by applicable law We, and any associates or 3rd parties connected with Us expressly exclude:

a.  All representations, warranties and conditions relating to this Website and the use of this Website including without limitation any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill;

b.  Any liability for any direct, indirect or consequential loss or damage incurred by You in connection with use of the site or the material contained within it. This includes, but is not limited to, liability for: Loss of income or revenue; Loss of profits; Loss of business; Loss of data; Loss of goodwill; Wasted management or staff time; 

 

Nothing in this or any other disclaimer will:

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a. Limit or exclude Our or Your liability for death or personal injury resulting from negligence;

b. Limit or exclude Our or Your liability for fraud or fraudulent misrepresentation;

c. Limit any of Our or Your liabilities in any way that is not permitted under applicable law;

d. Exclude any of Our or Your liabilities that may not be excluded under applicable law.

 

Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from these terms and conditions or in relation to the subject matter of the terms and conditions including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.

 

12) ​Force Majeure – 

We shall not be liable for delay in performing or for failure to perform Our obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Our reasonable control.

 

13) Variation

We may alter, amend or update these Terms and Conditions of Use at any time and such revised terms will apply from the date and time of publication. You are responsible for ensuring that You are aware of the latest Terms and Conditions of Use and should therefore check this page regularly as they are legally binding upon You. Some of the provisions within these terms and conditions may also be superseded by notices published elsewhere on this site.

  

14) Severability

If any provision of these Terms and Conditions of Use is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in force. If any part of any provision of these Terms and Conditions of Use is determined to be unlawful or unenforceable then that part will be deemed to be deleted and the rest of the provision will remain in effect.

 

15) Entire Agreement

These Terms and Conditions of Use constitute Your entire agreement with Us regarding Your Use of our Website and they supersede all and any previous agreements regarding Your Use of Our site.

 

16) Applicable law and jurisdiction

These Terms and Conditions of Use will be governed by and construed in accordance with the laws of England and Wales and any disputes relating to these Terms and Conditions of Use will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

17) Content concerns

If You have any concerns about any of the content on Our site then please contact Us on admin@thisisvisibility.com  with details of those concerns and contact details where We can respond.