Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website https://rarelyheardvoices.com (our site).

Who we are and how to contact us

https://rarelyheardvoices.com is a site operated by Rarely Heard Voices Limited (We or us). We are a company registered in England under company number 11887063 and have our registered office C/O Freeths 1 Vine Street, Mayfair, London, W1J 0AH. Our main trading address is 1c Gatehead Road, Crosshouse, Kilmarnock, Scotland, KA2 0HN. Our VAT number is GB 325656590.

We are a limited company.

To contact us, please email natalie.gillon@rarelyheardvoices.com or telephone our customer service line on +44 7552 310541.

We have created a business to business networking platform for members. These terms and conditions govern the membership of our networking platform including the membership benefits set out below (Our ‘Services’).

We are not an employment agency or employment business for the purposes of the Employment Agency Act 1973.

By using our site you accept these terms

By using our site and Services, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

You are also responsible for ensuring that all persons who access our site through your internet connection or using your account are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You acknowledge that we are not acting as an employment agency or employment business on your behalf. Should it be determined that this is the case then you agree that the Conduct of Employment Agency and Employment Businesses will not apply to our contract with you.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy. See further under How we may use your personal information .
Our Cookie Policy which sets out information about the cookies on our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 29th October 2020.

We may make changes to our site

We may update and change our site from time to time. However, please note that any of the content on our site may be outdated at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

We may suspend or withdraw our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

If you are paying for access to our site and both (i) the site has been unavailable for more than 24 hours; and (ii) this does not relate to a reasonable period of planned maintenance, then you may suspend your membership of the site until it is available, by emailing us to request a suspension. If the site has not been available for seven consecutive days, you may seek a refund of fees for the affected period, equal to (Total Membership Fees / 365) x Days affected and you may cancel your membership.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens.

Our site is for users globally

However as we are based in the UK and many of our services will be offered from the UK, English law will apply to this contract and the courts of England and Wales have exclusive jurisdiction to resolve any disputes.

Membership

There are different levels of membership, being Rarely Heard Voices and Rarely Heard People. Membership may be subject to membership fees paid in advance.

Rarely Heard People Community membership

Rarely Heard People members have the following benefits;

An invitation to attend networking events, whether in-person or digital, on the basis that participation may be subject to you being required to attend with a pre-approved board level retail executive;
Access to webinars/meetings relevant to the retail sector ;
Ability to add your professional or business profile to our platform, which will be publicly visible; and
Ability to network with others on our platform.

Rarely Heard Voices Community membership

Rarely Heard Voices Community membership is by invitation only. Community members will be able to access the Rarely Heard Voices Community using their individual member login details, including a unique password, which must not be disclosed to any third party.

Community Membership benefits are;-

Access to networking events;
Access to webinars/meetings relevant to the retail sector ;
Ability to add your business profile to our platform which will be visible both by members of the Rarely Heard Voices Community, of which you will be a member, and by members of the Rarely Heard People Community. It may also be visible by the public;
Ability to upload and amend listings, send and receive messages to others in the community;
Access such additional Community content as we may provide from time to time; and
Communicate directly with other Community members.

We may be able to effect introductions between members, subject always to their consent.

Please see further under You must keep your account details below.

Membership of this networking platform does not guarantee that you will obtain any business from any other member. It is a networking platform only.

Fees

Fees for joining and using our Services will depend on the nature of your business and whether you are a business offering services to others (‘Supplier’) or a retailer (‘Retailer’). Our fees are for the ability to network within our platform. Should engagements happen as a result, such engagements are purely between the parties making those engagement and independent of us. We do not charge any fee for this and we do not warrant the services offered or the suitability of any party to take part in the engagement.

Fees are available on request. Please email natalie.gillon@rarelyheardvoices.com

If you have not paid any applicable fee when due you may be denied access to the site and your ability to post, or respond to listings, may be suspended or terminated.

We may vary our fees from time to time but we will notify you of any changes by email or otherwise in writing.

If you wish to terminate or cancel your membership, your rights to do so are set out in the Termination and Cancellation section below.

You must keep your account details safe

If you choose, or you are provided with, a username or ID, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

If you are provided with an email address by us, you must not attempt to use it for any other purpose than to communicate within our platform/membership.

We have the right to disable any user account, ID, email address or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of any of these terms of use.

If you know or suspect that anyone other than you has knowledge of your user identification code or password, you must promptly notify us at natalie.gillon@rarelyheardvoices.com.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, in the material published on it and our email addresses that we permit you to use. Those works are protected by copyright laws, trademarks, domain name registrations and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You 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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes other than to benefit from our Services without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Use of our email addresses

The use by members of our email addresses are for convenience only. We are not endorsing or acting as agent for any member. Any correspondence by a member using one of our email addresses will not create a contract with us. Once your membership terminates you must cease to use the email address for any purpose immediately. By using the email address, you do not obtain any intellectual property rights in our email address or accrue any goodwill.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. We have undertaken very limited vetting of members before allowing them onto our platform.

You must undertake your own due diligence and/or obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Should you wish to transact with any member, you do so at your own risk and on your own account. You should undertake your own due diligence, undertake credit checks and take appropriate references. Members will transact on the basis of their own terms and conditions for their goods/services and you should familiarise yourself with the terms before entering any transaction. Please note that we will not be party to nor guarantee the performance of any contract entered into with a member. Our sole obligation to you is in respect of our Services.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including user profiles or content posted to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on natalie.gillon@rarelyheardvoices.com.

Our responsibility for loss or damage

Please note that we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising from or in connection with:
use of, or inability to use, our site;
use of or reliance on any content displayed on our site; and/or
any business transacted as a result of this platform or our Services with a member or between members.
This includes:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
As required by law, this excludes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
In the event we are liable to you, the liability shall not exceed:
where you are not paying a fee for use of the site, £10; and
where you are paying a fee for use of the site, £100.
If you are a Supplier, we cannot guarantee your prospects of success or suitability for projects when using our site. By making an application for projects through our site, you represent that you are capable of undertaking that project / role. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.
If you are a member, we cannot guarantee your prospects of success in finding suitable Suppliers. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.
By using our site, you confirm that you are compliant with any legal requirements or requirements imposed on you by any relevant professional body which must be satisfied prior to offering or using your services. If, subsequent to any engagement arising from the use of our site, it transpires that you have not complied with any relevant legal or professional body requirements, we will not be liable.
Any engagement arising from the use of our site including contracts between members, will be exclusive to the parties involved and not create any contractual obligations on the part of Rarely Heard Voices Limited. If you use our site to successfully secure contracts, we are not liable for the action or inaction of the parties to the contracts. .

How we may use your information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site and the Community

Whenever you make use of a feature that allows you to upload content to or to make contact with other users of our site (including members of the Community), or you request that we upload content on your behalf, you must ensure that all information supplied by you is:

accurate (where it states facts);
genuinely held (where it states opinions); and
compliant with the law applicable in England and Wales and in any country from which it is posted.

Additionally, all information, data and files must not:

be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
bully, insult, intimidate or humiliate;
promote sexually explicit material;
include child sexual abuse material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age’
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be in contempt of court;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person;
give the impression that they emanate from Rarely Heard Voices Limited, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
contain any advertising or promote any services or web links to other sites; and
contain viruses or other routines or engines that may damage or interfere with any system or data, as described in in We are not responsible for viruses and you must not introduce them .

You warrant that any such contribution does comply with these terms of use, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload or request that we upload to our site (including the Community) will be considered non-confidential and non-proprietary. You retain ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties in connection with the purpose of helping to bring members together.

We have the right to remove any posting you make on our site including from within the Community if, in our opinion, your post breaches these terms or we deem it inappropriate.

You are solely responsible for securing and backing up your content.

Uploaded content to our site and the Community

We have the right to use your photograph(s) and details for the purpose of providing our Services to you and other members, for use on our site, in any promotional activity and events.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site, including within the Community, constitutes a violation of their intellectual property rights, or of their right to privacy.

Taking part in our events

By taking part in any of our events or activities, you agree that we can identify who you are, take your photograph/use your photograph(s), use your details, disclose your participation in and any comments or questions you raise providing we do so for the purpose of providing our Services to you/ to other members, or for any promotional activity and events associated with our Services. You also agree to us recording the event/activity and using the recording as we see fit.

Uploading listings to our site

When using our site to post listings, you must provide us with:

your identity;
what services are required ;
details of the project
experience required

If you make a listing seeking services on our site, including within the Community, you confirm that you have the necessary authority to advertise for the services.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. This includes any server or connected server on which any email address allocated to you is stored. 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. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply with these terms of use, in particular, those described in Uploading content to our site.

If you wish to link to or make any use of content on our site other than that set out above, please contact natalie.gillon@rarelyheardvoices.com.

Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

‘Rarely Heard People’, ‘Rarely Heard Voices’ and ‘Rarely Heard Voices an invitation money cannot buy’ are the trademarks of Rarely Heard Voices Limited .

You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site. ?

Termination of Membership

We have absolute discretion to terminate your membership at any time.

Where we terminate because in our reasonable opinion you are in breach of these terms and conditions, then we will not be obliged to return any fees paid.

Where we terminate for any other reason, then we will return the fees in proportion to the unexpired period of your membership, counting whole months only. So if you have paid the annual subscription and we terminate in month 6, we will reimburse you 6 months membership.

These are your sole remedies for premature termination of your membership.

We will not be obliged to renew your membership.

Cancellation of Membership

When you become a member, you have the right to cancel your membership within 14 days of becoming a member (and also within 14 days of any renewal). To do so please email natalie.gillon@rarelyheardvoices.com .If you cancel at any other time you will not be entitled to a refund.