Information about us
talkingpoint.leedsbuildingsociety.co.uk is a site operated by Verve Partners Limited Co No 6663787 whose Registered Office is situated at The Clove Building, 4 Maguire Street, London, SE1 2NQ (“Verve”) on behalf of Leeds Building Society (“Leeds Building Society”)(together “we or “us”).
1. Your relationship with Leeds Building Society(“LBS”)
1.1 Your use of the talkingpoint.leedsbuildingsociety.co.uk website (“the TalkingPoint Website”) together with any participation by you in the initiatives contained on the TalkingPoint Website and any LBS items, channels, software, data feeds and services provided to you on or from or through the TalkingPoint Website by LBS is subject to the terms of a legal agreement set out within this document (“TalkingPoint Terms”) between you and LBS. "LBS", “We” or “Us” means Leeds Building Society and where it relates to maintenance or the infrastructure of the Website also includes Verve) LBS is a member of the Building Societies Association and is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority (“FCA”) and the Prudential Regulation Authority and our registration number is 164992. You can check this on the Financial Services Register by visiting the FCA website at www.fca.org.uk or by contacting the FCA on 0800 111 6768.
1.2 The TalkingPoint Terms apply to all users of the Website, including users who are also contributors of Content to the Website. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Website by any Provider Services strictly on the terms of the relevant Provider Terms (as defined in clause 2 of these TalkingPoint Terms) or otherwise.
1.3 We may, acting in our ultimate discretion, and without prior notice to you, (i) upload and / or remove the Content from the Website and / or (ii) may stop (permanently or temporarily) providing access to the Website (or any features within the TalkingPoint Website).
2. Your relationship with third parties
2.1 Any Provider Services shall be governed by the terms and policies issued by the respective Providers from time to time. You should read the terms and conditions, any privacy policies, cookie policies together with any other relevant terms and / or policies issued by the respective Providers (“Provider Terms”) before using any of the Provider Services. Your acceptance together with any changes to any Provider Terms shall be governed by the respective Provider Terms.
2.2 LBS has no control over, and assumes no responsibility for any acts or omissions of any Providers together with any Provider Services and / or the content of any Provider Terms.
2.3 You acknowledge and agree that LBS is not responsible for the availability of any Provider Services and does not endorse any advertising, products or other materials issued or made available as part of any Provider Services.
2.4 You acknowledge and agree that LBS is not liable for any loss or damage which may be incurred by you as a result of the use and / or availability of any Provider Services, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials issued and / or made available as part of any Provider Services.
2.5 If there is a conflict or difference between these TalkingPoint Terms and any Provider Terms, then these TalkingPoint Terms shall prevail.
3. TalkingPoint Website users
3.1 In order to access some features of the TalkingPoint Website, you will be required to supply information to LBS, including, but not limited to your name and contact details and such information must be accurate and complete. LBS shall only process your personal data in accordance with the Data Protection Act 1998 (as amended).
3.2 You must notify LBS immediately of any breach of security or unauthorised use of your information on the TalkingPoint Website that you become aware of.
3.3 You agree that you will be solely responsible (to LBS, and to others) for all activity that you perform and / or conduct on the TalkingPoint Website.
3.4 As part of your use of the TalkingPoint Website, you may from time to time supply information to Providers in relation to any Provider Services or otherwise which will be governed by the relevant Provider Terms.
4. General restrictions on use
4.1 LBS hereby grants you permission to access and use the TalkingPoint Website, subject to the following conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these TalkingPoint Terms on your part:
- you agree not to distribute any part of or parts of the TalkingPoint Website, including but not limited to any Content, in any medium unless LBS makes available the means for such distribution through functionality offered by the TalkingPoint Website;
- you agree not to alter or modify any part of the TalkingPoint Website;
- to the extent that you use any Provider Services, that you comply, at all times, with the relevant Provider Terms;
- you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the TalkingPoint Website or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the TalkingPoint Website or the content accessible via the TalkingPoint Website;
- you agree not to use the TalkingPoint Website for any commercial purpose;
- you agree not to use any automated system (including, without limitation, any robot, spider or offline reader) that accesses the TalkingPoint Website in a manner that sends more request messages to the TalkingPoint Website servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
- You must not attempt to gain unauthorised access to Our Site, the server(s) on which Our Site are stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. LBS will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the TalkingPoint Website will cease immediately.
- you agree not to collect any personal data of any user of the TalkingPoint Website.
4.2 You agree that you will comply with all of the other provisions of the TalkingPoint Terms at all times during your use of the TalkingPoint Website.
5.1 As a TalkingPoint Website user you may submit Content. You agree that whether or not Content is published on the TalkingPoint Website, LBS do not guarantee any confidentiality with respect to Content.
5.2 You retain all of your ownership rights in your Content, but you are required to grant licence rights to LBS and other users of the TalkingPoint Website. These are described in clause 6 of these TalkingPoint Terms (Your licence). You are required to grant certain rights to Providers in accordance with their respective Provider Terms and you should review these terms before engaging any Provider Services.
5.3 You acknowledge and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. LBS do not endorse any Content or any opinion, recommendation, or advice expressed therein, and LBS expressly disclaim any and all liability in connection with Content.
5.4 You will have (and will continue to have during your use of the TalkingPoint Website) all necessary licenses, rights, consents, and permissions which are required to enable LBS to use your Content in the manner contemplated by the TalkingPoint Website and these TalkingPoint Terms. To the extent that this is not the case you may be liable to pay LBS any losses incurred due to your breach of this clause 5.4.
5.5 You agree that you will not post or upload any Content which contains:
- material which it is unlawful for you to possess in England and / or the country in which you are resident, or which it would be unlawful for LBS to use or possess in connection with the TalkingPoint Website;
- pornography or sexually explicit content;
- animal abuse, drug abuse or bomb making;
- any form of violence;
- accidents, dead bodies or similar things;
- speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age and / or sexual orientation/gender identity;
or is otherwise in breach of any Provider Terms.
5.6 You agree that Content you submit to the TalkingPoint Website will not contain any third party copyright material, or material that is subject to other third party ownership rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant LBS the licence referred to in clause 6 (Your licence) below.
5.7 You further acknowledge and agree that in using the TalkingPoint Website, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any rights or remedies you have or may have against LBS with respect to any such Content.
5.8 As a registered member of TalkingPoint you will be given a display name (first name_last name). You can change this display name to something else by editing your profile. If you would prefer any comments you provide not to identify you to other TalkingPoint members, please choose a made up name.
5.9You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6. Your licence
6.1 When you upload or post Content to the TalkingPoint Website, you grant:
- to LBS, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the TalkingPoint Website and otherwise in connection with LBS’s business, including without limitation for promoting and redistributing part or all of the TalkingPoint Website (and derivative works thereof) in any media formats and through any media channels and LBS shall not be responsible for any acts or omissions of any third parties in relation to the Content;
- to each user of the TalkingPoint Website, a worldwide, non-exclusive, royalty-free licence to access your Content through the TalkingPoint Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the TalkingPoint Website and under these TalkingPoint Terms and each user shall not be responsible for any acts or omissions of any third parties in relation to the Content.
6.2 The above licenses granted by you in the Content continues for 80 years from the date that the Content is posted on the TalkingPoint Website irrespective of whether you remove or delete your Content from the TalkingPoint Website, but otherwise your ownerships rights are not affected.
6.3 You will also be required to grant certain licence rights to Providers in accordance with their respective Provider Terms. You should review these terms before engaging any Provider Services.
6.4 With the exception of Content submitted to the TalkingPoint Website by you, all other Content on the TalkingPoint Website is either owned by or licensed to LBS.
7. Ending your relationship with the TalkingPoint Website
7.1 The TalkingPoint Terms will continue to apply until terminated by either you or LBS as set out below.
7.2 If you want to terminate the TalkingPoint Terms with LBS, you may do so by no longer using the TalkingPoint Website.
7.3 LBS may at any time, acting in its absolute discretion, terminate these TalkingPoint Terms and / or otherwise remove Content in accordance with clause 7.1 of these TalkingPoint Terms.
7.4 When these TalkingPoint Terms come to an end, all of the legal rights, obligations and liabilities that you and LBS have benefited from, been subject to (or which have accrued over time whilst the TalkingPoint Terms have been in force) or which are expressed or implied to continue indefinitely shall remain in full force and effect and the provisions of clause 7.4 shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Exclusion of Warranties
8.1 Nothing in the TalkingPoint Terms shall affect any statutory rights that you are entitled to as a consumer.
8.2 LBS makes no warranty or representation to you with respect to any Provider, Provider Services, Provider Terms, the TalkingPoint Website, these TalkingPoint Terms, any Content or any text, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, and other materials posted by you or any other third party either on the TalkingPoint Website, on any website owned and / or operated by any Provider or otherwise.
8.3 In particular LBS do not represent or warrant to you that:
- your use of the TalkingPoint Website or any Provider Services will meet your requirements;
- your use of the TalkingPoint Website or any Provider Services will be uninterrupted, timely, secure or free from error;
- any information obtained by you as a result of your use of the TalkingPoint Website or any Provider Services will be accurate or reliable; and
- that defects in the operation or functionality of any software provided to you as part of the TalkingPoint Website or any Provider Services will be corrected.
8.4 Subject to clause 8.1, no conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the TalkingPoint Website except to the extent that they are expressly set out in the TalkingPoint Terms.
9. Limitation of Liability
9.1 Nothing in these TalkingPoint Terms shall exclude or limit LBS's liability for (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or (b) fraud or fraudulent misrepresentation.
9.2 Subject to the overall provision in clause 9.1 above, LBS shall not be liable to you for:
- any losses incurred by you with respect to your use of any Provider Services, any breach of any Provider Terms or otherwise due to your relationship with any Provider;
- any losses which may be incurred by you not as a direct result of LBS’s acts or omissions;
- any loss or damage which may be incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any Content and / or the TalkingPoint Website;
- any changes which LBS may make to the TalkingPoint Website, or for any permanent or temporary break in the provision of the TalkingPoint Website (or any features within the TalkingPoint Website);
- the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the TalkingPoint Website;
- your failure to provide LBS with complete and accurate information;
- your failure to keep your information secure and confidential.
9.3 The limitations on LBS's liability to you in clause 9.2 above shall apply whether or not LBS has been advised of or should have been aware of the possibility of any such losses arising.
9.4 Subject to clauses 9.1 and 9.2, LBS’s total liability to you in respect of any and all losses arising under or in connection with the TalkingPoint Terms shall not exceed £500 for any single claim and shall not exceed £10,000 for all claims in aggregate.
10 Intellectual Property Rights
10.1 LBS or Verve (depending on the content) are the owner or the licensee of all intellectual property rights in the TalkingPoint Website, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 You may print off one copy, and may download extracts, of any page(s) from the TalkingPoint Website for your personal reference and you may draw the attention of others to material posted on Our Site.
11. General legal terms
11.1 The TalkingPoint Terms constitute the whole legal agreement between you and LBS in relation to the TalkingPoint Website only. All other terms and / or agreements between you and LBS from time to time, together with any Provider Terms, entered into between you and any Provider in relation to any Providers Services or otherwise, from time to time, are expressly excluded from the TalkingPoint Terms.
11.2 You agree that LBS may provide you with notices, including those regarding changes to the TalkingPoint Terms, by postings on the TalkingPoint Website.
11.3 You agree that if LBS does not exercise or enforce any legal right or remedy which is contained in the TalkingPoint Terms (or which LBS has the benefit of under any applicable law), this will not be taken to be a formal waiver of LBS's rights and that those rights or remedies will still be available to LBS.
11.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TalkingPoint Terms is invalid, then that provision will be removed from the TalkingPoint Terms without affecting the rest of the TalkingPoint Terms. The remaining provisions of the TalkingPoint Terms will continue to be valid and enforceable.
11.5 Other than the parties to these TalkingPoint Terms, no other person or company shall be a third party beneficiary of the TalkingPoint Terms.
11.6 The TalkingPoint Terms, and your relationship with LBS under the TalkingPoint Terms, shall be governed by English law. You and LBS agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the TalkingPoint Terms. Notwithstanding this, you agree that LBS shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
11.7 You should review any relevant Provider Terms before engaging any Provider Services to establish which jurisdiction governs your relationship with any relevant Provider together with any related terms.