The Internet site www.allthetopbananas.com, alternate urls and the sub domains of it ("the Internet Site") are operated by Allthetopbananas.com Limited, 6 Abbey Hill Close, Winchester, Hampshire, SO23 7AZ, Registered Company Number 06001846

Use of and access to the Internet Site is subject to the following terms which include:

·         Copyright Notice and Licence;

·         Submitting Content;

·         Terms and Conditions of Acceptance of Advertisements;

·         Data Protection Notice and Cookie Policy;

·         Registration Terms and Conditions;

·         Forum Site Rules;

·         Swear Word Policy; and

·         Disability Access Statement.

Access to particular areas of the Internet Site may be subject to additional terms to which you must consent in order to use those areas.

BY ENTERING THE INTERNET SITE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE LEAVE THE INTERNET SITES IMMEDIATELY.

Viruses. If you knowingly send or infect the Internet Site with a virus, Trojan horse, worm, etc then the Company retains the right at its sole discretion to pursue you for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred by it as a result of your actions.

Liability. The Company accepts no liability in respect of the content of any third party material appearing on the Internet Site or in respect of the content of any other Internet Site to which the Internet Site may be linked from time to time. The Company makes no warranty in respect of the contents of this Internet Site and accepts no liability for any loss or damage whatsoever and however arising whether directly or indirectly as a result of access to and use of this Internet Site including without limitation acting or failing to act in reliance on any information contained herein.

Indemnity. You understand that you are personally responsible for your behaviour while on the Internet Site, and agree to indemnify and hold the Company, subsidiaries, affiliates, and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including legal fees and costs) that they may incur in connection with a third party claim or otherwise, in relation to your use of the Internet Site, access to the Internet Site, your violation of either these Terms or the rights of any third party, disclosure of membership passwords and any other matter in connection with your participation in the services on the Internet Site.

Force Majeure. The Company does not warrant that functions contained in the Internet Site content will be uninterrupted or error free, that defects will be corrected, or that the Company or the server(s) that makes it available are free of viruses or bugs.

UK Law. Save where specifically indicated otherwise, the Internet Site and its contents are targeted only at UK residents and goods and services offered are available only to UK residents. Any legal proceedings arising as a result of content of or use of the Internet Site shall be subject to the laws of England and Wales.

COPYRIGHT NOTICE AND LICENCE

Ownership. Except in the case of Forums, any other content you create, and content from sites included in the search engine the copyright in the Internet Site and its contents belongs to the Company. Data included in the search engine is not published by the company in its full form and is always displayed with the intention of the user visiting the target website. Reproduction in any form, printing or downloading of part or all of the contents is forbidden save in accordance with the licence granted below.

Licence to copy for personal use: You may print copies of any item in hard copy provided that you do not edit alter amend or delete any part of it or combine it with other material. You may recopy the material to individual third parties for their personal information only if you acknowledge the Internet Site as the source of the information by including such acknowledgement and the address of the Company and the Internet Site in the copy of the material AND you inform the third party that the material may not be copied or reproduced in any way. You may not supply the material to any third party for commercial gain.

No Transmission. No part of the Internet Site or the contents thereof may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system without the Company authorisation.

SUBMITTING CONTENT

Ownership. If you submit content to the Company (including without limitation any text, photograph, graphics, video or audio) , you grant the Company a licence to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display in public that content in any form and media on or in connection with the Site, at no cost to us and for as long as we require and you warrant that you own or have rights to the intellectual property in such content and have the right to grant this licence. You waive any moral rights in your contribution. You will indemnify us and keep us indemnified from and against all costs, claims, damages and expenses made against or incurred by us as a result of a third party alleging that the use of such content by us infringes the intellectual property rights of a third party.

Submissions. When submitting content, you agree not to do any of the following:

·         defame, abuse, harass, stalk, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, rights of intellectual property, confidentiality, or rights of privacy);

·         upload or transmit any material which is unlawful, indecent, defamatory, hateful or racially, ethnically or otherwise offensive or objectionable, politically sensitive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

·         upload or transmit files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

·         upload or transmit any materials that infringe any patent, trademark, copyright or other proprietary rights of any third party;

·         upload or transmit material that you do not have a right to make available under any law or contractual or fiduciary relationship (such as confidential information);

·         upload or transmit any computer viruses, macro viruses, trojan horses, worms, corrupted files or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

·         use the system of uploading or transmitting content (or any part thereof) in a way that may cause the system (or the servers or networks connected to the system) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the system is in any way impaired;

·         where you are not the author of any material you are uploading or transmitting , delete any author attributions, legal notices or proprietary designations or within the material;

TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS

The Internet Site is produced and published by the Company. Orders for insertion of advertisements in the Publication and/or the Internet Site are accepted subject to the following conditions. For the avoidance of doubt, in this section the words "published" or "Publication" shall mean published on any Internet Site(s) owned and produced by the Company or Electronic Newsletters / Communications via Email.

Warranty. The placing of an order constitutes a warranty from the advertiser and/or advertising agency to the Company:

·         that the advertisement is legal, decent, honest and truthful, complying with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation; and

·         that the advertisement is not defamatory and does not infringe the copyright moral rights or any other rights of any third party.

Indemnity. The advertiser and/or advertising agency agrees to indemnify the Company in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s).

No Guarantee. While every endeavour will be made to meet the wishes of advertisers, the Company does not guarantee the publication of any particular advertisement or its publication on any particular date.

Errors. It is the responsibility of the advertiser/advertising agency to check the first appearance of any series of advertisements and notify the Company immediately of any errors. The Company assumes no responsibility for the correction of errors unless notified by the advertiser. In the event of any error, misprint or omission in the Publication or the Internet Site of an advertisement or part of an advertisement (however caused) the Company will either re-publish the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.

Limitation on Liability. In no circumstances shall the total liability of the Company for any error, misprint or omission exceed:

·         the amount of a full refund of any price paid to the Company for the advertisement in connection with which liability arose; or

·         the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.

Save as set out above, the Company accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of publication of any advertisement on the Internet Site in which any advertisement is scheduled to appear.

Without prejudice to the foregoing, the Company accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward replies to box numbers to the advertiser (however caused). The advertiser hereby authorises the Company to return to its originator or destroy any communication which, in the reasonable opinion of the Company, should not be delivered to the advertiser.

Refusals and Amendments. The Company reserves the right to:

·         Refuse any advertisement or if already accepted to cancel the order at any time by giving reasonable notice before the next insertion, but in that event the advertiser/advertising agency shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is cancelled; and

·         require any alteration it considers necessary or desirable in any advertisement.

Cancellation. An advertising agency may cancel any unexpired part of an order without penalty in the event of the death or failure of its client. Orders cannot be cancelled once the Company has commenced to carry out the order in accordance with the first publication date requested by the advertiser. In other cases the Company will require four clear working days’ notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less that twenty-eight clear working days’ notice. All cancellations must be notified in writing. Email notification of cancellation is not acceptable.

Copyright. The copyright for all purposes in which the Company or his employees have originated, contributed to or reworked shall vest in the Company.

Consents. The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and (b) any material the copyright in which vests in a third party.

Risk. Any material submitted by the advertiser is held by the Company at the advertiser’s risk and should be insured by the advertiser against loss or damage from whatever cause. The Company reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement unless the advertiser has given instructions to the contrary.

Payment Terms Unless credit terms have been agreed, payment must be received in full no later than 4 days prior to advert being published. Payment may be made by cheque and major credit cards including; Barclaycard, VISA, Switch and Mastercard.

Disclosure of Identity. The Company reserves the right to disclose the name and address of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where the Company in its sole discretion deems it reasonable, to other third parties.

Acceptance. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an agency’s or advertiser’s order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.

DATA PROTECTION NOTICE & COOKIE POLICY

The Company is committed to protecting your privacy. The Company knows that you care how information about you is used and appreciates your trust in it to do that carefully and sensibly. At times you will be asked to submit personal information about yourself (name, email address, postcode etc.). By entering your details in the fields as requested you enable the Company to provide you with the services you select. Whenever you provide such personal information, the Company will treat that information in accordance with this notice and policy. All service related email correspondence includes instructions on how to ‘unsubscribe’ from the service to which you have subscribed. Our services are designed to give you the information that you want to receive not to bombard you with information you do not want. The Company will act in accordance with current legislation.

Use of Data. The Company will use your personal details and information it obtains from other sources to provide you with its goods and services, for administration and customer services, for credit scoring, for marketing, to analyse your purchasing preferences and to ensure that the content, services and advertising that it offers are tailored to your needs and interests. The Company may keep your information for a reasonable period for these purposes. The Company may need to share your information with its service providers and partners. The Company may disclose personal data in order to comply with a legal or regulatory obligation.

What are Cookies? Cookies are small pieces of information that a Internet Site might store on your computer or access device. They allow Internet Sites to remember who you are. Typically your browser will store each cookie as a small text file. A cookie will always contain the domain name of the originating Internet Site. For security, only the originating Internet Site has permission to read the cookie.

How Cookies are Used. When you log in to the Internet Site the Company will set a cookie containing a randomly generated unique reference number. This anonymous number allows the Company to identify you. The Company will never store your personal information directly as a cookie. If, as you log in, you tick the checkbox labelled "Remember me", a persistent cookie will be set. Persistent cookies are not deleted when you close your browser, and will allow the Internet Site to recognise you on your next visit.

Why does the Company use Cookies? Advanced features of the site use Cookies to provide information you requested and to reduce you having to key in repeated fields. Cookies allow the Company to see how the Internet Site is being used. This information forms the basis of future development work, and so enables the Company to continually improve its Internet Site to best suit its users. They also allow the Internet Site to remember you when you log-in saving you needing to login.

Disabling Cookies. Cookies can be easily deleted or disabled at any time through your browser’s preference menus so please refer to the instructions for your file management software to locate the file or directory that stores cookies. Further information on controlling cookies is available at http://www.aboutcookies.org. Please be aware that if you do choose to disable cookies this site may not operate as expected and you may not be able to access various features.

IP Address. When you visit our site, we may also log your IP address, a unique identifier for your connection at a point in time.

Web Beacons. The Company also includes web beacons (also known as clear GIFs or web bugs) in its emails to track the success of its marketing campaigns. This means that if you open an email from the Company it can see which pages of the Internet Site you visit.

Credit References. In assessing your application for credit, to prevent fraud, to check your identity and to prevent money laundering, the Company may search the files of credit reference agencies who will record any credit searches on your file. The Company may also disclose details of how you conduct your account to such agencies. The information will be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated, for fraud prevention, money laundering prevention and occasionally for tracing debtors. Information used for these purposes will include publicly available information such as electoral roll, county court judgments, bankruptcy orders or repossessions.

Sharing Data. The Company may also share your information with its business partners in the travel, property, automotive, financial services, leisure, entertainment, advertising, media, retail and mail order business for marketing purposes or it may send you information about other organisations’ goods and services. The Company or its business partners may contact you by mail, telephone, fax, e-mail or other electronic messaging service with offers of goods and services or information that may be of interest to you e.g. holidays, cars, property, financial and leisure services, entertainment, media products, advertising, clothing or household goods. By providing the Company with your fax number, land line and/or mobile telephone numbers or email address you consent to being contacted by these methods for these purposes. If you do not wish to receive marketing information from the Company or from the Company’s business partners tick the appropriate box on the form you complete.

Transfer of Personal Data out of the UK. By providing the Company with your personal information you also consent to the Company transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary for the above purposes.

Third Party Data. If you provide the Company with 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 that you have informed them of the Company’s identity and the purposes (as set out above) for which their personal data will be processed.

WorldPay. The Company has a partner account with WorldPay. The processing of online transactions is dealt with by WorldPay. WorldPay have a comprehensive privacy policy which can be located at www.worldpay.co.uk/about/index.php?go=privacy. The only data released to The Company via WorldPay are the name, delivery address, contact number, goods purchased, email address and IP address of the individual concerned.

Requests. You are entitled to ask for a copy of the information the Company holds about you (for which the Company may charge a small fee) and to have any inaccuracies in your information corrected. If you wish to exercise your rights to this information please forward your request, in writing, to Allthetopbananas.com Limited, Peterborough Business Centre, Office 12, 80 Lincoln road, Peterborough, PE1 2SN

Monitoring. For quality control and training purposes, the Company may monitor or record your communications with it.

Changes in Your Data. If your personal details change, if you change your mind about any of your marketing preferences or if you have any queries about how the Company uses your information, please let the Company know online where appropriate, or by contacting its Data Protection Officer at Allthetopbananas.com Limited, Peterborough Business Centre, Office 12, 80 Lincoln road, Peterborough, PE1 2SN or email dataprotection@allthetopbananas.com

Changes to this Policy. This data protection notice may change and therefore you should review it regularly. The Company will of course notify you of any changes where we are required to do so.

FORUMS REGISTRATION TERMS AND CONDITIONS

Acceptance of Terms. In order to contribute to any of the interactive pages of the Internet Site ("the Forums") you must agree to abide by the Site Rules and Swear Word Policy detailed below. If you do not agree then please leave the Forums immediately. By completing the Forum registration form and by entering your email address and password, you will be deemed to have accepted these Terms and Conditions in their entirety. Also, by signing up for any of the Internet Site's online services you are deemed to have accepted these Terms and Conditions in their entirety.

Accuracy of Records. During the registration process, you agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you do not update it, the Company may suspend or terminate your use of the Internet Site. Any personal information that you provide to the Company is subject to the terms of the Data Protection Notice and Cookie Policy detailed above.

Password. When you register, you will choose a password so that you can access your account with the Company. You agree that you will keep this information confidential. You are completely responsible for activities that happen under your account and password. If you think there has been unauthorised use of your account or password, you agree immediately to notify the Company and co-operate with the Company to resolve it. The Company will never ask verbally or via email for your password. Passwords are stored in a none reversible format protecting you.

Unauthorised Access to your Password. You will not do anything that would assist anyone who is not a registered user to gain access to any secure area of the Internet Site. You undertake that you will not maliciously create additional registration accounts for the purpose of abusing the functionality of the Internet Site, or other users; nor will you seek to pass yourself off as another user.

Access Termination. The Company can terminate your access to the Internet Site at any time. The Company may also remove any content that you post without cause, without giving reasons and without notice to you. This includes all email accounts, postings, profiles or other personalised information you have created while on the Internet Site.

FORUM SITE RULES

These Site Rules have been developed so that everyone can get the best out of contributing to the Forums. They aim to protect anyone who reads or contributes to the Forums and to help everyone to have an enjoyable and safe time.

By participating in the Forums you agree to abide by these Forum Rules. The Company reserves the right to change these Forum House Rules at any time by posting these changes online. You are responsible for regularly reviewing information posted online to obtain notice of such changes. Your continuing use of the Forums once these changes are posted constitutes your acceptance of these Forum Site Rules as modified by the posted changes.

* Please be warned that if any content breaks the rules below it may be removed by the moderators of the Internet Site.

Rules for Contributing to the Forums and Principles that You Must Accept.

Adding Comments.  Forum requires the user to log in or register then please click on the relevant link.

Moderation. When comments appear on the Forums they will ber "non-moderated".

Complaints. We encourage users to inform The Company of unsuitable content, you can email us at webmaster@allthetopbananas.com or use the report unsuitable content facility on the web site. The case of the latter you will be asked to log in / register (if not already logged in). Your complaint will be brought to the attention of the Company, who will decide whether the comment breaks the rules. If it does, they will remove it. If it doesn’t, it will be allowed to remain on the Forum. This process may be automated, and the content may be removed automatically depending on the specific feature. The Company will not normally enter into correspondence about complaints, but will do so in special cases. Please do not abuse the complaints system. It is there to allow users to report any comments which you deem unsuitable and in breach of the Rules. Similarly, please do not complain about spelling errors, differences of opinion or multiple postings. Anyone who repeatedly abuses the complaints system simply because they disagree with comments may have their account suspended.

Personal attacks are prohibited. Commonly known as flaming, personal attacks are posts which are designed to put down or insult Forum members. Text of this nature is not beneficial to the Company’s community spirit and will not be tolerated.

No trolling. Trolling is used to describe a post that is deliberately designed for the purpose of angering and insulting the members of a Forum. Posts of this nature are disruptive and say deliberately provocative things just to stir up trouble. It’s not polite so please don't do it.

Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive or otherwise objectionable material is not acceptable. Hardcore swearing is not allowed on the Forums. If you do use bad language in your posting the Company will remove your posting. If you continue to break the rules you may find your account closed down.

No spamming or flooding. Spamming is the posting of the same (or very similar) messages to lots of conversation threads. Flooding is when the same (or very similar) message is posted over and over again to the same conversation. Please don’t deliberately spam or flood the Forums as the Company will simply remove your posting and possibly your account.

No advertising. Advertising is not allowed within the postings on the Forums.

Postings or articles containing languages other than English may be removed.

Don’t impersonate others. Impersonating another user of the Forums, moderator, administrator or the Company’s employees is strictly prohibited. This may be grounds for permanent loss of your Forum account.

Be careful with including email addresses and instant messaging addresses in contributions. Do not include anyone else’s personal details. You may include your own personal email address or instant messaging address in postings (providing it’s acceptable, i.e. not vulgar or offensive), but please be aware that it is at your own risk and you are potentially opening yourself up to a lot of email and possible spam. You should be absolutely sure that you want people to able to contact you like this. It is not acceptable to publicise anyone else's contact details other than your own. However it is acceptable to include general contact details for companies, but you must only include publicly available details.

Only include suitable URLs in your postings. Links to Internet Sites we consider unsuitable will be removed, so if you are considering contributing something that contains a URL please make sure that it adds value and interest to the subject of your posting and it isn’t purely commercial. Unsuitable sites would include those with racist material, pornographic or sexually explicit material, potentially defamatory material, anything which encourages illegal activities, material which infringes copyright, sites which purely plug or promote commercial products or services without containing material which enhances the subject matter, sites that start with automatic downloads or sites which may offend users of the Forum. The Company may also have to remove links to sites which are in languages other than English.

Copyright on the Forums. It’s important to note that you retain copyright in your contributions to the Forums. This means that you are free to take what you have written and re-publish it somewhere else.

All you do in contributing to the Forums is to grant the Company the right to publish in accordance with these terms and conditions. In other words, what you create here is done on the condition that you grant the Company a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, sublicense and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution and you agree to waive any and all moral rights that exist in your contribution for the purposes of its submission to and publication on the Forum and the purposes specified above. As the Company may wish to distribute the content in various formats over time, it needs to be sure that it has the right to publish everything posted to any Forum.

The Law. The Company accepts no liability in respect of any material submitted by users and published by it and the Company is not responsible for its content and accuracy. Please keep your comments relevant, in good taste and civil. If anything you post is illegal (for example defamatory), condones illegal activities (such as recommends drug taking) or infringes the copyright of a third party then it will be removed.

Parental Guidance. If you are under the age of 16 Please get your parents’ or guardians’ permission before taking part in the Forum’s discussions. Never reveal any personal information about yourself (for example your telephone number, location, home address or email address) without getting your parents’ or guardians’ permission first.

Transgressions. If you fail to abide by these Forum Site Rules then, in most cases, the following procedure will be followed. Please note that the Company reserves the right to terminate accounts immediately at its discretion (in the event of such things as criminal behaviour or personal abuse or harassment of the Company’s staff for example) or to vary the following process as it sees fit.

·         For the first offence you will receive an official warning.

·         For the second offence your account will be closed permanently.

In each case the warning or suspension notice will be sent to the email address you have used to register with the Forum. This email will explain the nature of your transgression and the process for transgressions. If this email address bounces your account will be terminated.

While suspended if you return to the Forums by creating another account this will constitute a further offence and will extend the suspension to the next period or will result in your account being closed permanently. Asking other Forum members to post on your behalf while suspended will constitute a further offence on your behalf and may constitute an offence by those members.

Violation of any of the Forum Site Rules could lead to legal action being taken against you by interested authorities or an aggrieved party. Be aware that if legal action ensues the Company could be legally obliged to reveal your registration information and/or IP address to those authorities.

DISABILITY ACCESS STATEMENT

The Internet Site has been built in compliance with W3C WAI standard Single A, to ensure accessibility to all users, irrespective of their physical ability.

The site is tested to support IE6, IE7, Mozilla and Firefox.

The Company is dedicated to supporting all users. If you experience any difficulties using the Internet Site please contact the Company at webmaster@allthetopbananas.com

CONTENT LINKED TO BY THE INTERNET SITE

The sites displayed as search results or linked to by The Company are developed by people over whom The Company exercises no control. The search results that appear from The Company indices are indexed by The Company's automated machinery and computers, and The Company cannot and does not screen all the links before including them in the indices from which such automated search results are gathered. A search using The Company services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Company.

NO AUTOMATED QUERYING

You may not send automated queries of any sort to The Company system without express permission in advance from The Company. Note that "sending automated queries" includes, among other things:

·         "meta-searching"

·         performing "offline" searches

·         any related commercial benefit

Full access is provided to Google, Yahoo, MSN, Live.com, ASK and other mainstream general search engines. Access is denied to search engines in the recruitment vertical and commercial compensation will be saught if the authorisation is abused.

Please contact webmaster@allthetopbananas.com for permission.