The Big Won Usage Terms, Conditions & Privacy Policy

THE BIG WON LIMITED USAGE TERMS AND CONDITIONS

Effective date 01 January, 2009

AGREEMENT

The following terms and conditions form the contract between The Big Won Ltd (The Big Won, we, us or our) and you, and they govern your use of the website located at www.thebigwon.com & thebigwonaccess.com (Site) and the services offered thereon.

BY APPLYING FOR AND OBTAINING A PASSWORD OR OTHERWISE ACCESSING AND/OR USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

If you do not agree to all of these terms and conditions and do not wish to be bound by them, you are not authorised to access or otherwise use this Site.

We reserve the right to change these terms and conditions from time to time by posting revised terms and conditions on this Site. Although we may notify you of the existence of revised terms and conditions, you are encouraged to review these terms and conditions and this Site from time to time. Changes and additions to these terms and conditions will be effective when they are posted on this Site. Your continued use of this Site following the posting of such changes will mean you accept those changes. If you disagree with the revised terms and conditions, you should discontinue your use of this Site immediately.

1. Access

Access to this Site is limited to authorised The Big Won users. By accessing and using this Site, you represent and warrant that the information provided by you is true, accurate and complete. You agree to promptly update all information provided by you if and when it changes. You understand and agree that The Big Won may verify the accuracy of the information you provide as it sees fit, including by contacting any individual(s) or other person(s) in respect of whom you submit information via your . By submitting information via your The Big Won account, you grant to The Big Won all necessary rights to use such information for the purposes of its business and to aid us in providing an accurate and effective service in delivering our products and services (Usage Right). You agree that you will do any act and execute any document required to ensure that The Big Wont has the benefit of the Usage Right. See paragraph 11 below for details of how personal information provided by you will be used.

2. Password

2.1 THE DECISION TO ISSUE A PASSWORD TO YOU IS IN THE BIG WON's SOLE DISCRETION AND THE BIG WON RESERVES THE RIGHT TO REVOKE YOUR PASSWORD AT ANY TIME.

2.2 Use of any password issued to you shall be limited to use by you. This does not extend employees or officers of your company who require access to this site.

2.3 You will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account and for any access to or use of this Site by you, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.

2.4 You agree to immediately notify The Big Won of any unauthorised use of your The Big Won account or password, or any other breach of security and to ensure that you exit from your account at the end of each session.

2.5 The Big Won will not be responsible or liable for any loss (including access credit) or damage arising from your failure to comply with this provision.

3. User Conduct

You warrant and agree that while using this Site, you shall not:

3.1 restrict or inhibit any other user from using this Site;

3.2 act in any way that would damage, disable, overburden, or impair this Site or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;

3.3 upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact or any material that is indecent, defamatory or in breach of any third party's rights;

3.4 impersonate any person or entity or misrepresent your affiliation with any other person or entity;

3.5 exploit any information or other material obtained on or through this Site for commercial purposes;

3.6 engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using The Big Won cookies for purposes which are unrelated to The Big Won's Service);

3.7 attempt to gain unauthorised access to other computer systems through this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or

3.8 to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to this Site or Service.

4. Proprietary Rights

4.1 As between you and The Big Won, The Big Won owns, solely and exclusively, all rights, title and interest in and to this Site, all the content, code, data and materials thereon, the look and feel, design and organisation of this Site, and the compilation of the content, code, data and materials on this Site, including but not limited to any copyright, trade mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.

4.2 Your use of this Site does not grant to you ownership of any content, code, data or materials you may access on or through this Site. Any commercial distribution, publishing or exploitation of this Site is strictly prohibited. You may view the content on this Site on your computer or other internet-compatible device, and make single copies or prints of the content on this Site for your internal use only.

4.3 You acknowledge that certain materials on this Site are confidential or proprietary to The Big Won , and that access is provided to you solely for the business purpose for which your access to this Site has been authorised by The Big Won.

4.4 Except as specifically set forth herein or on this Site, you will not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Site.

4.5 You shall not disclose to any third party any of the confidential or proprietary information of The Big Won. In the event that you download any material from the Site, such material is licensed to you by The Big Won for your limited internal personal use and The Big Won does not transfer title to any such material to you.

5. Disclaimer

5.1 Through this Site, you will be provided with services that may include information, editorial content, links to other web sites and other services and content that The Big Won may decide to offer, subject to the terms hereof (the Service). The Big Won may, in its sole discretion, discontinue or alter all or any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Service, at any time in The Big Won's sole discretion and without prior notice or liability.

5.2 The Big Won intends to provide as part of the Service the most current information available The Big Won will make reasonable efforts to ensure that the information is updated on a regular basis. However, The Big Won makes no guarantee whatsoever that the information posted is accurate or timely.

5.3 The Big Won has provided links to web sites maintained by third parties (Third Party Sites) and may from time to time provide third party materials on this Site. NEITHER THE BIG WON, ITS PARENT OR SUBSIDIARY COMPANIES NOR THEIR RESPECTIVE AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICES, MATERIALS AND PRODUCTS AVAILABLE ON OR THROUGH THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE BIG WON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE BIG WON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THIS SITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BIG WON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.

5.4 You assume all risk of errors and/or omissions in this Site, including the transmission or translation of information.

5.5 You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this Site, including the information offered by you, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information, provided hereunder.

5.6 You acknowledge and agree that your use of this Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorised parties.

5.7 5.7 You assume responsibility for the entire cost of all maintenance, repair or correction to your computer system or other property.

6. Limitation of Liability

IN NO EVENT SHALL THE BIG WON, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR FOR EXEMPLARY DAMAGES OR FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER SUCH LOSSES, INCLUDING WITHOUT LIMITATION ANY SUCH LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE USE, DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED ON OR THROUGH THIS SITE OR THE BIG WON'S REMOVAL OR DELETION OF ANY SERVICES OR MATERIALS ON THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE BIG WON OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS(ES) OR DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY LOSSES, DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY SERVICE OR INFORMATION ON OR CONNECTED WITH THE SITE.

7. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS OF PARAGRAPHS 5 and 6 MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE FRAUDULENT MISREPRESENTATION OF THE BIG WON.

8. Indemnification

You agree to defend, indemnify and hold harmless THE BIG WON, its parent and subsidiary companies and their respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from:

8.1 any misrepresentation, act or omission made by you in connection with your use of this Site;

8.2 any non-compliance by you with these terms and conditions or the Privacy Policy; or

8.3 claims brought by third parties arising from or related to your access or use of this Site, including without limitation the information made available by you to this Site.

9. Termination

You warrant and agree that while using this Site, you shall not:

9.1 The Big Won may, in its sole discretion, terminate your password, account (or any part thereof) or use of this Site without notice and for any reason.

9.2 Termination, suspension or cancellation of these terms and conditions or your access rights shall not affect any other right or relief to which The Big Won may be entitled, at law or in equity.

9.3 Upon termination, all rights granted to you under these terms and conditions will automatically terminate and immediately revert to The Big Won and its licensors.

10. Trade Marks

The Big Won and the The Big Won logos, service marks and names are trade marks of The Big Won Ltd, and all other trade marks, service marks and trade names used on this Site are the property of their respective owners, and none of The Big Won's trade marks, service marks or trade names may be copied, downloaded or otherwise exploited without the express, prior permission of The Big Won or the owner of such trade mark, service mark or trade name.

11. Personal Information

In the course of your use of this Site, any personal information you provide to us will be used in accordance with our information collection and use policies with respect to the privacy of such information as set forth in the BIG WON Privacy Policy (and related Privacy note) which is incorporated into these terms and conditions by reference for all purposes, and any personal information supplied hereunder will be subject to the terms of such Privacy Policy and related (Privacy Notice). You acknowledge and confirm that you are solely responsible for the accuracy and content of such information.

12. Miscellaneous

12.1 You acknowledge and agree that the warranties, disclaimers and limitations in these terms and conditions are material terms and that they have been taken into account in the decision by The Big Won to provide this Site and Service hereunder.

12.2 You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of The Big Won. Any assignment of the foregoing shall be invalid without such consent.

12.3 If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

12.4 These terms and conditions and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

12.5 No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

12.6 The headings used in these terms and conditions are used for convenience only and are not to be considered in construing or interpreting these terms and conditions.

12.7 These terms and conditions shall be governed by and construed in accordance with the laws of England. You hereby agree to the non-exclusive jurisdiction of the Courts of England regarding any and all disputes relating to or arising from these terms and conditions or your use of this Site or Service.

For further information about or if you experience difficulty accessing this Site or Service or any materials thereon, or to remove your name from the list of registered users, please contact remove@thebigwon.com

At The Big Won limited ("The Big Won") we understand that your privacy is important to you.

This Privacy Policy (the "Policy") explains what information we collect about you and what we do with it. By using or navigating this site and its services, you acknowledge that you have read, understood and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, please do not use or revisit or site.

This Policy applies to all of the services offered by The Big Won on www.thebigwon.com & www.thebigwonaccess.com where more detail is necessary to explain our privacy practices, we have separate privacy notices.

The Big Won adheres to the Data Protection Act 1998 (Act).

If you have any questions about this Policy, please contact us through our website or email info@thebigwon.com

PRIVACY POLICY

1. Personal Information: how we collect and use it

1.1 We offer an online service. Depending on the circumstances we may collect the following types of information:

(a) Information you provide - When you sign up for a The Big Won account or other Big Won service that requires registration, we ask you for personal information (such as your name, email address and an account password). We may use it and combine this information with information from other The Big Won services or third parties to provide you with a better experience and to improve our services. For certain services, we may give you the opportunity to opt out of combining such information.

(b) The Big Won cookies - When you visit The Big Won, we use "cookies" to enable you to sign back in to The Big Won's services quickly and easily and to help personalise your online experience. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that we can read when you revisit us. Cookies cannot be used to run programs or deliver viruses to your computer. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser to decline cookies. If you choose to decline cookies, you may not be able to take advantage of some The Big Won features that may depend on cookies.

(c) User communications - When you send email or other communication to The Big Won, we may retain those communications in order to process your enquiries and to improve our services.

(d) Affiliated sites - We offer some of our services in connection with other service providers. Personal information that you provide to those other service providers may be sent to The Big Won in order to deliver those services. We will process such information in accordance with this Policy. The other service providers may have different privacy practices and we encourage you to read their privacy policies.

(e) Links - The Big Won may present links to third party websites. Third party websites should have their own privacy policies and we recommend that you read such policies to find out how your personal details are protected. We are not responsible for the content of the privacy policies of these third party websites.

(f) Send-A-Friend - If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. The Big Won will automatically send the friend a one-time email inviting them to visit and register with the site. Unless the friend registers on the site, The Big Won will store this information for the sole purpose of sending this one-time email. The friend may contact The Big Won to request the removal of this information from the database at any time.

1.2 In addition to processing personal information for the purposes described above (and/or any privacy notice) The Big Won may also process it to maintain its network and develop new services.

1.3 You can find more information about how we process your personal information for particular services below.

2. Choices for personal information

2.1 If we use your personal information for a different purpose than that for which it was collected, we will ask for your consent.

2.2 We will not collect or use sensitive personal information unless we have obtained your specific consent.

2.3 You can decline to submit personal information to us or require us to cease processing it but in that case The Big Won may not be able to provide its services to you.

2.4 If we contact you via e-mail or SMS we will give you the opportunity to decline to receive future e-mail and SMS messages from us.

2.5 Where you have given us your permission to do so, you agree that we and other third parties (where applicable) may contact you directly by post or telephone with details of products, offers, services and promotions.

3. Information sharing

3.1 The Big Won only shares personal information with third party companies or individuals in the following circumstances:

(a) with your consent.

(b) where such information is provided to our subsidiaries, affiliated companies or other trusted businesses or persons for processing on our behalf, and only where they agree to process it in accordance with our instructions and the Act.

(c) where we believe in good faith that the processing of such information is necessary to (a) comply with law, regulation or governmental request, (b) enforce our terms and conditions of use, including the investigation of potential violations of those terms and conditions, or (c) deal with fraud, security or technical issues, or (d) enable The Big Won to provide its services.

(d) to fulfil orders you have made for goods and services.

(e) to provide you with services such as bulletin boards, email newsletters and competitions.

(f) for internal purposes to (a) improve our understanding of customer needs in developing the Website, (b) to build marketing profiles or (c) to aid strategic development and to manage our relationship with our advertisers.

3.2 If The Big Won becomes involved in a merger or acquisition, we will notify you before personal information is transferred.

4. Information security

We take appropriate security measures to protect against unauthorised access, alteration, disclosure or destruction of personal information. These include reviews of our information collection, storage and processing practices as well as physical security measures. We restrict access to personal information to only those The Big Won employees, contractors and agents who need it.

5. Data integrity

We take reasonable steps to ensure that the personal information we process is accurate, but we depend on our users to update their personal information whenever necessary.

6. Accessing and updating personal information

When you use The Big Won services, we will provide you with access to your personal information to update it if it is inaccurate. We will delete your personal information when it is no longer required.

7. Changes to this policy

We reserve the right to modify this Policy at any time and we will notify you of any material changes to the Policy by posting the new Policy here and changing the "Effective Date" at the top. We encourage you to check this page periodically for any changes.

8. Fair Processing Information

8.1 The data controller is The Big Won Ltd, Pett House, Pett Lane, Stockbury Kent

8.2 The Big Won has not nominated a representative for the purpose of the Act.

8.3 The purpose(s) for which the data is to be processed are as set out above.

8.4 We provide above comprehensive information as to how personal information will be processed.

9. Transfer of Personal Details Overseas

Given the global nature of the Internet, use of the Internet to collect and process personal details may involve the transmission of data internationally. Therefore, by browsing this Website and communicating electronically with us, you acknowledge and agree that we may process your details overseas. However, we will always ensure that any third party to whom your personal details are transferred (for example, a website posting company or operator) will take appropriate steps to safeguard your personal details.

10. Third Party Information

When you give us information about another person, you confirm that they have appointed you to act for them, to consent to the processing of their personal data, including sensitive personal data and to the transfer of their information abroad and to receive on their behalf any data protection.

11. Data Security Policy

11.1 We have adopted measures to ensure that users' personal details are not misused, accidentally destroyed, lost or altered.

11.2 Occasions may arise where we pass your information to third parties (e.g. to prizes/goods/services fulfilment bureaus/houses, database consultants etc.) but such third parties will only act upon instructions from us in order to perform the services required.

11.3 Where information is transferred to a third party, that third party will be required to keep your personal details secure.

12. General

If you are aged 16 or under, please get your parent/guardian's permission beforehand whenever you provide personal information to us.

Nothing in this Privacy Policy shall restrict or exclude any liability that we have to any party which cannot be excluded by law. This Privacy Policy shall be governed by English law and the courts of England & Wales shall have exclusive jurisdiction over any disputes arising in relation to this Privacy Policy and this Website.

How to contact us info@thebigwon.com