Terms and Conditions
Copyright Statement
Disclaimer
Privacy Policy
Website Terms and Conditions
Competition Terms and Conditions
Cookie Policy
Terms and Conditions of Sale and Supply & Service
Child Protection Policy
Diversity and Equal Opportunities Policy
This Information was Last Updated: 11/05/2018.
Spirit FM relates to all channels controlled by Spirit FM including http://www.spiritfm.net, all it's associated media (onair and offair) and channels (online and offline). Spirit FM is the trading name for Spirit FM Limited.
This website is protected by copyright. It is published by Spirit FM and is made available to you under the following terms and conditions:
- that it is for your personal use only or for business use only within the terms and conditions accepted when registering;
- you may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or make it available except to download it onto a single computer and view it for private use only;
- you may not, except with our express prior written permission, distribute or commercially exploit it; you may not transmit it or make it available on a network without our express prior written permission;
- use of it is at your sole risk.
The intellectual property rights (including copyright and database rights) in the material, information and computer files on this site are owned by or are licensed to Spirit FM. Nothing transfers to you any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.
You may not remove any product identification, copyright notices or other notices from the materials or any copies of the materials which you may have made for your own private use.
Product or company names and devices, logos, icons, graphics or designs referred to on the pages of this site are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner. UKRD Group Ltd and Spirit FM intends no infringement of these property rights.
The above terms may apply to the whole or any part of the site. All other rights are reserved to Spirit FM. Any infringement of Spirit FM's rights will result in appropriate legal action.
Information on this website is provided by Spirit FM and certain approved partners. Spirit FM has made all reasonable effort to ensure the accuracy of all information posted on this website at the time of inclusion. Spirit FM accepts no responsibility for information or comments posted by third parties on this website. However, there may be inadvertent and occasional errors for which Spirit FM apologises. Commentary and other information posted on Spirit FM is not intended to amount to advice and no reliance should be placed on it.
Spirit FM reserves the right to make changes and corrections at any time, without notice. The information displayed on this website is for general guidance only. You should neither act, not refrain from action, on the basis of any such information. Any decisions based on information contained in the Spirit FM website are the sole responsibility of the visitor.
In no event will we be liable for any loss or damage to the maximum extent permitted by law including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the loss of data or profits, loss of income or revenue, loss of business, loss of goodwill or wasted management or office time arising out of or in connection with the use of this website.
This website enables you to link to other websites on the Internet. Spirit FM endeavours to only include links to organisations that will give satisfactory service to visitors but, having no control over the nature, content or availability of those websites, Spirit FM takes no responsibility and assumes no liability for those websites or their content. Spirit FM does not necessarily endorse or recommend any site to which we have provided a link. Spirit FM accepts no responsibility for the content of or for any loss or damage caused by linking to third party websites.
Spirit FM does not prohibit linking from other sites without prior permission. Framing of Spirit FM is not permitted without prior permission unless with good reason.
We do not warrant that the functions, services and material contained in this website will be uninterrupted or error free, that defects will be corrected or that the site or server are free from viruses including but not limited to; Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. The use of Spirit FM to transmit viruses is strictly forbidden.
We cannot accept responsibility for any loss, disruption or damage to your data or your computer system sustained whilst using material derived from this website or any online services associated with Spirit FM.
Website Terms and Conditions
We are: Spirit FM Limited, registered in England and Wales, whose
company number is 02889122, a Private Limited Company
based in the UK and trading as Spirit FM. Our registered address is
Carn Brea Studios, Barncoose Industrial Estate, Redruth, Cornwall TR15 3RQ.
Our trading & correspondence address is: 9-10 Dukes Court, Bognor Road, Chichester, PO19 8FX.
You are: a user of our Web Site(s)
These terms and conditions govern the way people use this website.
1 Definitions
"Agreement" means these terms and conditions.
"Content" means the text, information, photographs, graphics, and
other material on the Web Site.
"Advertiser" means the third party businesses or other organisations
who advertise on the Web Site.
"Services" means the provision of content and any other services
provided by us at any time through the Web Site or our
online/digital channels.
"Web Site" means http://www.spiritfm.net and includes all web pages hosted at
http://www.spiritfm.net.
"We", "Us", etc means us. Without limitation, it includes any
subsidiary or associated company, charity or organisation of ours
together with any licensor, affiliate, or network partner.
"You", "Yours", means you, as a user of our website, who may search
for a "User" etc source and click a link.
2 Our Contract with you
These terms and conditions regulate the relationship between you and us.
By using the Web Site to access the Services, you agree to have read
and understood this Agreement and to be bound by it.
3 User's Obligations
You agree that:
3.1 If required, you shall provide only true and accurate information
to us (including our advertisers, affiliates and partners) at all
times.
3.2 You will not commit any fraud or abuse of the system.
3.3 You will not; post any defamatory material, commit any illegal
or immoral activities or use this site in any way which is unlawful.
4 Acceptable Use Policy
4.1 You will not attempt to interfere in any way with our networks
or network security, or attempt to gain unauthorised access to any
other computer system using our Web Site or Services.
4.2 You agree that you will not, and will not allow any other person
to, violate or attempt to violate any aspect of the security of the
Web Site and all of the computer hardware and software and any other
machinery and equipment operated in conjunction with it and used by
us to provide services. The use of http://www.spiritfm.net to transmit viruses is
strictly forbidden.
4.3 Examples of violations, include but are not limited to the
following:
4.3.1 attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures;
4.3.2 taking any action in order to obtain services to which you
are not entitled.
5 Content and Intellectual Property Rights
5.1 Title, ownership rights, and intellectual property rights in the
Content whether provided by us or by any other Content provider shall
remain the sole property of us, unless otherwise stated, and/or the other
Content provider. We will strongly protect such rights in all
countries.
5.2 You may not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display,
or in any way exploit any of the Content, in whole or in part. Users
who do copy works will lose their right to use http://www.spiritfm.net indefinitely
and with immediate effect, all copies of copied works should be
destroyed.
6 Indemnity
You agree to indemnify us against any claims, demands, actions, costs,
proceedings, expenses, loss or damage, including reasonable lawyers'
fees by any third party due to or arising out of your use of the
Services, the breach or violation of this Agreement by you, or the
infringement by you, or by any other User using your computer, of
any intellectual property or other right of any person or entity.
7 Interruption to the Services
7.1 If it is necessary for us to interrupt the Services then we may do
so without telling you first.
7.2 You acknowledge that the Services may also be interrupted for
reasons beyond our control.
7.3 You agree that we are not liable to you for any loss whether
foreseeable or not, arising as a result of interruption to the
Services.
8 Our Liability
8.1 All Content and Services are being offered on "as is" basis
with no warranty condition or term of any kind to the maximum extent
as permitted by the law. We disclaim any representation and warranties,
express or implied with respect to the programme, including, but not
limited to, implied warranties of merchantability and fitness for any
particular purpose. Spirit FM is not liable for any reliance placed on
information posted on this site.
8.2 Where we provide a service without specific charge, then it is
deemed free of charge, and not to be associated with any other service
for which a charge is made. Accordingly there is neither contractual
nor other obligation upon us in respect of any such service.
8.3 We are not responsible for any or all advertisements or user
uploaded content on Web Site, including but not limited to goods or
services advertised by Advertisers or Users. Each such offer is
provided at the sole discretion and subject to the terms and conditions,
as applicable, of the respective Advertiser. We give no warranty and
accept no liability in relation with any such offer.
8.4 We or our content suppliers may make improvement or changes to
the Web Site, the Content or to any of the products and services
described on the Web Site, at any time and without you.
8.5 You are advised that Content may include technical inaccuracies or
typographical errors.
8.6 We give no warranty and make no representation, express, or
implied, as to:
8.6.1 the truth of any information given on the Web Site by any Offer
Provider or third party;
8.6.2 any implied warranty or condition as to merchantability or fitness
for a particular purpose;
8.6.3 compliance with any law;
8.6.4 non-infringement of any right;
8.7 The Web Site contains linKs to other internet web sites. We have
neither power nor contRol over any such web site. You acknowledge and
agree that we shall not be liable in any way for the content of any
such linked web site, nor for any loss or Damage arising from your
use of any such web site.
8.8 In no event shall we, the Advertisers or our Content suppliers
(by official partnership or User generated content) be liable for any
special consequential damages or any damages whatsoever resulting from
loss of use, results of use, loss of data or loss of revenues or profits,
loss of business, loss of anticipated savings, loss of goodwill and loss
or damage of any kind, whether in an action of contract, negligence or
otherwise, arising out of or in connection with the use of the Web Site
or the Content available from this Web Site. Spirit FM does not exclude
liability for death or personal injury rising from negligence, nor
liability for fraudulent misrepresentation, nor liability for anything
which cannot be limited or excluded by law.
8.9 These disclaimers form an essential part of this Agreement. Each
sub paragraph in this Agreement is independent and severable from each
other paragraph and enforceable accordingly if any restriction is
unenforceable for any reason but would be enforceable if part of the
wording were deleted, it will apply with such minimal deletions as may
be necessary to make it valid and enforceable.
9 Modification
We reserve the right to modify the Services and to change the terms
and conditions of this Agreement at any time, without notice to you.
Your continued use of the Services after such modifications shall be
deemed an acceptance by you to be bound by the terms of the
modified agreement. Spirit FM reserves the right to change the site, its
functionality and design without prior notice. Spirit FM may do this on a
regular basis. Material on this website may be out of date, Spirit FM
has no obligation to update such material.
10 Termination
We may terminate this Agreement, in our sole discretion, at any time,
for any reason, without notice to you. A breach of these conditions
will result in an immediate termination of the right to use this site,
Spirit FM reserves the right to commence such action as we deem
appropriate.
11 No Waiver
No waiver by us, in exercising any right shall operate as a waiver of
any other right or that same right at a future time; nor shall any
delay in exercise of any power or right be interpreted as a waiver.
12 Dispute Resolution
In the event of a dispute arising out of or in connection with the
terms of this Agreement between you and us, then you agree to attempt
to settle the dispute by engaging in good faith with us in a process
of mediation before commencing arbitration or litigation.
13 Jurisdiction
This context and claim arising out of these terms and conditions
shall be interpreted according to the Laws of England and the parties
agree to non-exclusive jurisdiction of the English courts.
14 Transactions Concluded Through Our Web Site
Contracts for the supply of goods and services formed through our site
or as a result of visits made by you are governed by our Terms and
Conditions of Sale and Supply of Goods and Service. Please review this document prior to making a transaction.
15 Uploading Material To Our Web Site
Contributions to Spirit FM website and/or (but not limited to) digital channels, where you are invited to submit any contribution to Spirit FM (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Spirit FM a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, 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. If you do not want to grant to Spirit FM the rights set out above, please do not submit your contribution to Spirit FM.
Further to the above paragraph, by submitting your contribution to Spirit FM, you: warrant that your contribution; is your own original work and that you have the right to make it available to Spirit FM for all the purposes specified above; is not defamatory; and does not infringe any law; and indemnify Spirit FM against all legal fees, damages and other expenses that may be incurred by Spirit FM as a result of your breach of the above warranty; and waive any moral rights in your contribution for the purposes of its submission to and publication on Spirit FM and the purposes specified above.
Supply of goods and services formed through our site or as a result of visits made by you are also governed by our Terms and Conditions of Sale and Supply of Goods and Service.
16 Links To Our Web 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, but 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 from any website that is not owned
by you.
Our Web Site must not be framed on any other site, nor may you create
a link to any part of our Web Site other than the home page. We reserve
the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set
out above, please contact us.
We may from time to time provide interactive services on our Web Site,
including, without limitation:
17 Providing us with content. Your responsibilities
Any photographs, images, videos, text, sound files or other materials in any format ("Content") that you make available to us by any means (whether by uploading it to our site or our social media pages, sending us links to other sites or otherwise) must meet the following criteria:
- you are the sole legal owner of all rights (including intellectual property rights) in that Content, or
- you have obtained the consent of the legal owner(s) of all such rights to make such Content available to us and grant us the licence described below and by making that content available to us you confirm that this is the case.
You (or your licensors) will retain all ownership rights in your Content, but by making Content available to us you grant us a non-exclusive licence (including the right to sub-license to our partner broadcasters and other third parties) to use, store, copy and adapt that Content and to distribute and communicate it (and any adaptation of it) to the public by any means. We take no responsibility for any use of Content by third parties (including other users of our site and/or social media pages) unless such use was specifically authorised by us.
- Chat rooms
- Bulletin boards
- Games
- User Generated Content
- Forms
- (together the interactive services).
Where we do provide any interactive service, we will provide clear
information to you about the kind of service offered and if it is
moderated.
We will do our best to assess any possible risks for users (and in
particular, for children) from third parties when they use any
interactive service provided on our Web Site, and we will decide in
each case whether it is appropriate to use moderation of the relevant
service (including what kind of moderation to use) in the light of
those risks. However, we are under no obligation to oversee, monitor
or moderate any interactive service we provide on our Web Site, and
we expressly exclude our liability for any loss or damage arising
from the use of any interactive service by a user in contravention of
our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor (under 18's) is
subject to the consent of their parent or guardian. We advise parents
who permit their children to use an interactive service that it is
important that they communicate with their children about their
safety online, as moderation is not foolproof. Minors who are using
any interactive service should be made aware of the potential risks
to them.
Where we do moderate an interactive service, we will normally provide
you with a means of contacting the moderator, should a concern or
difficulty arise.
Cookie Policy
For our cookie policy please review
http://www.spiritfm.net/vp/cookie-policy/.
Terms and Conditions of Sale and Supply
& Service
For Terms and Conditions of Sale and Supply & Service relating to
the sale of "Vouchers" or "Merchandise" or any other product sold
online by Spirit FM please visit
www.ukrd.com/creditcardcharge.php. These terms and conditions
are published by our parent company (UKRD Group Ltd) on our behalf. They
are endorsed by us and relevant to all online sales made by Spirit FM. You must
review, understand and accept before making a purchase from us. They form part
of our wider Terms and Conditions found on this page.
Spirit FM's Competition Terms and Conditions
1. Introduction
1.1 These Terms and Conditions (General Contest Rules) shall be
binding on you (and your guests where applicable) when entering any
competitions operated by Spirit FM, its sponsor or any company, charity,
organisation or website owned or controlled by Spirit FM.
1.2 These General Contest Rules apply to all Spirit FM contestants.
Spirit FM may amend them from time to time. Special Terms and Conditions
may apply to particular contests, in which case an addendum to these
General Contest Rules will be made.
1.3 No purchase or payment is necessary to enter an Spirit FM competition
and copies of Contest Rules are available on request from Spirit FM.
1.4 Entry and participation in any competition shall be deemed an
unconditional acceptance by you of these Terms. All entry instructions
and any other specific details relating to the competition or the
prizes form part of these Terms.
1.5 You must pass a copy of these Terms to your guests (if applicable)
and ensure they comply with them.
2. Eligibility
2.1 You must be ordinarily resident in the United Kingdom and live
within Spirit FM's TSA (Total Survey Area). We may provide a list of United Kingdom postcodes from which entries will be accepted, this can (if deemed necessary) be found at the bottom of this document. The purpose of this list may be to clarify the postcodes within our TSA or to indicate postcodes not included in our TSA. Employees of Spirit FM, their
families, press, agencies or any persons directly or indirectly
connected with the competition or Spirit FM are not eligible to enter
any competition.
2.2 Unless otherwise specified, no person may enter a competition
more than once.
2.3 You may not enter a competition if, on the date the prize is
announced, you, any member of your household or immediate family
have won a prize:
- valued at £30 or more in the previous 30 days; or
- valued at £500 or more in the previous 90 days; or
- valued at £5,000 or more in the previous 12 months
2.4 Unless otherwise stated you must be at least 18 years old, and
if requested to do so, provide proof of your age.
2.5 You must provide personal details as reasonably requested to do
so by Spirit FM. Refusal to comply will result in disqualification
from the contest. Personal details will be processed and stored
in accordance with our Privacy Policy.
2.6 You may not enter a competition if, on the date the prize is announced,
you have won a prize on any UKRD
radio station valued at £1000 or more in the previous 12 months.
3. Health and Safety
3.1 By entering a competition you agree to these Terms and Conditions
and you confirm and warrant that to the best of your knowledge your
general state of health is good and you have no medical condition
that could be adversely affected by strenuous exercise or any of the
events or activities planned or reasonably expected to be involved
in the competition.
3.2 You agree to co-operate and comply with all reasonable requests
of Spirit FM and its agents and employees (in particular with respect to
health and safety) in connection with the competition and its
broadcast.
3.3 You must take all reasonable steps to ensure your own health
and safety. Any conduct or behaviour, act or conduct by you that
Spirit FM considers to pose any medical, security or safety risk will
lead to your immediate disqualification (including without limitation,
any abusive behaviour, physical or verbal).
3.4 All activities are undertaken at your own risk. You must notify
Spirit FM of any medical or other condition which may mean that you
are unfit for travel or participation in the Contest as soon as you
become aware of such a condition. Spirit FM reserves the right to forfeit
your place in the Contest or the Prize (without liability or
compensation) if, in its opinion, you may expose yourself or others
to risk of illness or injury, or to the cancellation, disruption or
curtailment of the contest.
3.5 You confirm you are not taking any medication (excluding
prescribed) and will not do so during the contest.
4. Prizes
4.0 Winners will be formally notified (by email, post or telephone) within 28 days of the closing date. Where contact with the "winner" is not straight forward (the means of contact given by the entrant), Spirit FM will endeavour to contact the "winner" through other means, if available. Spirit FM accepts no liability for the safe and effective delivery of prize notifications.
4.1 All prizes must be collected within three months from the date
of winning. After that time, unclaimed prizes will be deemed null and
void. Spirit FM will not notify winners of the time remaining. It is the
sole responsibility of winners to collect their prize.
4.2 Prizes must be collected in person unless otherwise advised by a
member of staff at Spirit FM its associated or Group companies.
Identification that includes a photograph (driver's licence, passport,
student card) will be required. Where prizes are posted out, Spirit FM
accepts no liability for the safe and effective delivery
of a prize.
4.3 In certain situations, and subject to the absolute discretion and prior notification of
Spirit FM, a winner may nominate a designated representative to collect
the prize. The representative will be asked to provide written
authorisation from the winner and identification for both the winner
and the representative.
4.4 Winners under the age of 18 must be accompanied by a parent or
guardian when collecting their prize. Both the winner and their
parent/guardian must provide photographic identification.
4.5 Where a winner chooses not to accept a prize, they forfeit any and
all claims to that prize, which will be dealt with at the absolute
discretion of Spirit FM.
4.6 All prizes are accepted entirely at the risk of the winner and
Spirit FM excludes all warranties in connection with any prize. Spirit FM
is not liable for any costs relating to the collection of prizes or and
add-on required i.e. travel, accommodation, etc.
4.7 Prizes are not transferable, must (where applicable) be used on
the dates specified and may not be redeemed for cash.
4.8 If a specified prize becomes unavailable, Spirit FM may substitute a
replacement prize at its absolute discretion. In such an instance,
Spirit FM will endeavour to ensure the substitute prize is of equal or
greater value to the original prize.
4.9 Spirit FM, its agencies, affiliates, sponsors and representatives are
not responsible for defective prizes or misuse of any prize, or claims,
liability, loss or damage arising out of or in connection with any
contest promoted by Spirit FM.
4.10 - Holiday prizes:
4.10.i Prizes must be taken in accordance with the dates, destinations
and number of passengers specified by Spirit FM. There will be no cash
alternative and no alternative destination.
4.10.ii Holidays are non-transferable. Holidays are subject to
availability. You must hold a valid UK passport with at least
six months' further duration (unless longer is required by the
destination country), or your competition entry will be invalid.
4.10.iii Unless otherwise specified, the class of travel for any
travel prize incorporating a rail or airfare is economy class.
4.10.iv Holidays are not available to persons under the age of 18
without the express prior written permission of Spirit FM. Children
between the ages of 12 and 16 are considered to be adults for the
purposes of airfares. Children under 18 years of age must obtain
written consent from a parent or guardian and cannot travel unless
accompanied by an adult over the age of 18.
4.10.v In the event of unforeseen circumstances or circumstances
outside Spirit FM's reasonable control, Spirit FM reserves the right to
offer an alternative prize of equal or greater value. No cash will
be offered.
4.10.vi Unless otherwise specified all holidays must be taken within
6 months of the date of the contest or will be deemed invalid.
4.10.vii You must comply with the terms and limitations of any
insurance policy relating to the holiday.
4.10.viii You must comply with the terms and conditions of the
airline and other transportation and venues and agents involved
in the Contest or the Prize. In particular you shall comply with all
health and safety guidelines and instructions and all applicable
legal and regulatory requirements.
4.10.ix You are not entitled nor authorised in any way to commit
Spirit FM to any contract, expense or cost entered into or incurred
without its advance written acceptance of the same.
4.10.x Passport control and in-country authorities will reserve the
right to refuse entry. If you are refused passage and or entry/exit to
or from the country being visited, any additional costs incurred will be
your sole responsibility.
4.10.xi Any flights, other transport, airport details, accommodation or
other aspects of the Prize, dates and times quoted by Spirit FM or its agents
are for guidance only and are subject to change without notice with no
liability arising. You must have sufficient financial resources to meet any
financial commitment which you may incur in connection with the Prize
beyond those included in the Prize itself (including, without limitation,
transfers to and from a London airport (or another port), meals and
drinks).
4.10.xii You must comply with and are responsible for attending to any
inoculation and health regulations required for your destination.
4.12 Winners are responsible for any and all taxes payable as the result
of a prize being awarded or received.
4.12 If in the course of a contest:
- a telephone line breaks up or drops out; or
- there is a dispute arising out of the use of telephone lines in a contest (including situations where multiple telephone lines are used); or
- two telephone lines are crossed during a phone-in contest;
Spirit FM in its absolute discretion
- may disqualify the relevant caller or callers;
- will not be responsible for awarding a prize to the relevant caller or callers; and
- may award the prize to another person according to its absolute discretion.
4.13 All winners of all prizes must agree to these general
Competition Terms and Conditions and any Spirit FM special Terms and
Conditions by entry as prescribed by Spirit FM in order to claim their
prize. This is at the discretion of Spirit FM where prizes are posted to
winners.
4.14 Where the prize on offer is a motor vehicle entrants must possess
a full driving license for that class of vehicle. Unless otherwise
specified road tax and motor insurance is and remains the responsibility
of the winner.
5. The Contest
5.1 Spirit FM does not accept responsibility for entries lost, damaged or
delayed in transit (by post, telephone, internet or email) to the competition address. Proof of posting will not
be accepted as proof of receipt (nor will proof that an email has been
sent be accepted as proof it has been received).
5.2 Source material utilised by Spirit FM's question compilers shall be taken
as correct. No responsibility is accepted for inaccurate prize details supplied by sponsors or any other party.
5.3 Fraudulent, illegible or incorrect entries will not be accepted (at
the absolute discretion of Spirit FM).
5.4 The decision of Spirit FM's judges is final and conclusive in all
circumstances and no correspondence will be entered into.
5.5 Spirit FM may terminate any contest at any time at its absolute
discretion. In the event of such termination, Spirit FM may, at its absolute
discretion, elect not to award any prize in respect of the terminated
contest.
5.6 All entries become the property of Spirit FM and will not be returned to
you unless otherwise stated.
5.7 In the case of a prize draw, at Spirit FM's absolute discretion the first
correct entry draw will be the winner unless otherwise stated.
5.8 The judges (an authorised representative of Spirit FM, its
associated or Group companies) decision will be final an absolutely no
correspondence will be entered into.
5.9 Where a competition requires the presence of an entrant, failure to
appear will result in the forfeit of any prize opportunity although, in
some cases at the discretion of Spirit FM and with prior agreement, a
substitute candidate may be able to appear.
6.0 The closing date is as specified in the relevant competition. This will always be a time and date in the UK. Where a time is not given, the closing time will be 11.59pm (UK time) on the relevant day.
6. Confidentiality
6.1 You undertake not to disclose, reveal, communicate or otherwise make
public to anyone at any time any information relating to Spirit FM, its
business, personnel, servants, agents or officers.
6.2 You may not publicise your involvement in the competition, or the
fact that you have won a prize, without the prior written permission of
Spirit FM.
7. Publicity
7.1 Competitors may be required by Spirit FM to participate in a photo,
video and/or film session, and acknowledge that Spirit FM and companies
within its Group has the right to use such publicity photos, videos
and/or films in any medium and in any reasonable manner it sees fit,
unless that person informs Spirit FM at the time of entering the competition
that he or she wishes to retain his or her anonymity.
7.2 Contest entries and material submitted in connection with any
contest (whether in written, audio, electronic or visual form, or any
combination of those) or any photographs, video and/or film footage
and/or audio recording taken of competitors become the property of
Spirit FM, which may use the material in any medium and in any reasonable
manner it sees fit including the distribution to other companies within
its Group. Copyright in any such material remains the sole property of
Spirit FM.
7.3 Spirit FM may publicise, broadcast or otherwise disclose a competitor's
name, character, likeness, statements or any recording of his or her
voice in advertising or promotional activities concerning a specific
contest, or Spirit FM contests generally. Spirit FM may promote or advertise
that a winner has won a contest.
7.4 Spirit FM may incorporate information from entrants in any contest in
any database to be used for the purpose of its business. Upon entry into
a competition a contestant will automatically give permission for use of
personal data and this information will be retained in accordance with
the General Data Protection Regulation and Spirit FM Privacy Policy.
8. Spirit FM - Exclusion of Liability
8.1 Spirit FM is not liable in any way for any costs, expenses, damages,
liability or injury arising out of or in any way connected with the
competition or prizes, other than those costs and expenses specifically
provided for in the prize (if any). This exclusion does not include any
liability for negligence by Spirit FM or death or personal injury arising
out of such negligence.
8.2 Spirit FM shall have no liability in respect of competitions operated
on behalf of third parties (for example, sponsors) except in respect of
death or personal injury directly attributable to Spirit FM's
negligence.
8.3 Spirit FM accepts no liability (and excludes all liability) for any
loss of profit, business, contracts, revenues or anticipated savings or
for any special, direct, indirect or consequential loss of any nature
howsoever arising.
8.4 Spirit FM shall not be liable to perform any of its obligations under
the competition or in respect of the prizes where it is unable to do so
as a result of circumstances beyond its control and shall not be liable
to compensate you in such circumstances.
9. Jurisdiction
9.1 These rules shall be governed and construed in accordance with
English Law.
9.2 Where Spirit FM has special contest Terms and Conditions in relation
to a particular contest, then they (the special terms and conditions)
will prevail in the event of inconsistency between those special
contest Terms and Conditions and these General Contest Rules.
9.3 Persons under the age of 18 are deemed minors and are ineligible
to enter any contest where the prize consists of a vehicle or alcohol,
or where the Special Contest Terms and Conditions otherwise provide.
9.4 A failure by Spirit FM to enforce any of these contest rules in any
instance(s) will not give rise to any claim by any individual.
9.5 Special restrictions or qualifications may apply to particular
contests, in which case an addendum to these General Contest Terms
and Conditions will be made.
9.6 Spirit FM may change these General Contest Terms and Conditions at
any time.
Spirit FM's Child Protection Policy
Introduction
Spirit FM recognises that protecting and ensuring the safety of children, young people and vulnerable adults should be seen as everyone's responsibility. We believe that as a company we have a moral obligation to contribute to their safety and wellbeing. Spirit FM works with children in education and community settings, both on and off air. We are committed to safeguarding the well-being and safety of every child and vulnerable adult we work with, and this policy outlines the principles we work to.
"All organisations need to listen and be responsive to the diverse needs of children, young people and their families and to recognise that safeguarding children and young people from harm must be everyone's business."[1]
This policy and the related procedures establish the roles and responsibilities of management and staff in relation to the protection of children, young people and vulnerable adults, with whom their work brings them into contact. The welfare of the child is paramount. Children and vulnerable adults get abused regardless of age, gender, disability, racial origin, religious beliefs or sexual identity. Generally someone they know abuses them and this can be a member of their family, a friend, an instructor or any person in a position of trust. However, opportunistic strangers can carry out abuse.
It is the responsibility of all managers within Spirit FM to ensure that all staff understand the importance of implementing this policy and the related procedures. They must also ensure, that any contractors, agents or others whom they engage to undertake duties, with whom they work in conjunction or who undertake any work relating Spirit FM with their permission, which would involve contact with children young people and vulnerable adults, understand and comply with them, as appropriate.
Staff identified as "working with children" will be subject to additional checks, in accordance with best practice in child protection. It is the responsibility of all staff members to protect children (any young person under eighteen years of age) and vulnerable adults from abuse. All suspicions and allegations of abuse will be taken seriously and responded to swiftly and appropriately. All staff (paid and unpaid) working for or with the organisation have a responsibility to report concerns to the appropriate officer(s). It is the purpose of this policy to give guidance in dealing with this sensitive issue.
'Children' are defined as those under the age of 18; 'Vulnerable Adults' are those who are, or may be, unable to take care of themselves, or unable to protect themselves from harm or exploitation by others.
Safeguarding
Safeguarding is a relatively new term which is broader than 'child protection' as it also includes prevention. We have defined safeguarding as:
- When working with children, young people and vulnerable adults we take all reasonable measures to ensure that the risks of harm to their welfare are minimised.
- When there are concerns about children and young people's welfare, we will take appropriate actions to address those concerns, working to agreed local policies and procedures, in partnership with other local agencies.[2]
Safeguarding children is vital for Spirit FM as we have a duty of care towards the children with whom we have contact. Having safeguards in place within an organisation not only protects and promotes the welfare of children but also it enhances the confidence of trustees, staff, volunteers, parents/carers and the general public. Safeguarding children is beneficial to Spirit FM in many ways - protecting its reputation, helping to effectively meet its objectives and protecting its finances.
Our Principles
In all our work with children we adhere to the following principles:
- The well being and safety of each child is our primary concern.
- We respect the rights and dignity of every child we work with.
- We respect the right of children to express their views and have them listened to.
- Children are treated equitably and sensitively, regardless of gender, ethnic origin, cultural background, sexual orientation or religion, in line with Spirit FM's & UKRD Group's Diversity & Equal Opportunities Policy.
- Relationships between Spirit FM staff and freelancers and the children they work with are based on mutual trust and respect.
- Spirit FM & UKRD Group staff seek to achieve a balance between business outcomes and the social, emotional, intellectual and physical needs of the children we work with.
- All Spirit FM and UKRD Group staff who work with children have a responsibility to prevent the physical, sexual or emotional abuse or harm of any child with whom they come into contact. Any suspicions or allegations of abuse or harm are taken seriously and responded to swiftly and appropriately.
- Staff recruitment and selection processes will include Criminal Records Bureau checks.
- All concerns and allegations of abuse will be taken seriously by senior management team, Staff, Artists and Volunteers and will be responded to appropriately.[3]
- Spirit FM will endeavour to reiterate the 5 outcomes from the Every Child Matters Framework.[4]
Who does this include?
- The policy applies to all members of UKRD; staff, freelancers and volunteers who work with children during their employment at Spirit FM or any business within UKRD Group.[5]
- This policy is endorsed and approved by senior management team.
- Spirit FM also runs community programmes that can involve adults who are vulnerable. This policy and the principles outlined in it apply equally to our work with vulnerable adults.
- Children and parents will be informed of the policy and its principles as and when appropriate or requested.
- The Policy and Good Practice Guidelines apply to all staff and artists who work for the company whether on permanent, temporary or freelance contracts, or working as volunteers. Organisations and individuals who wish to hire Spirit FM and are working with children must have their own child protection policy procedures in place.
Legal Context
- Spirit FM uses the word 'child' to refer to anyone under the age of 18 as defined by the Children Act 1989.
- Spirit FM uses the word 'harm' to refer to ill-treatment (including sexual abuse and non-physical forms of ill-treatment) or the impairment of health (physical or mental) or development (physical, intellectual, emotional, social or behavioural) as defined by the Children Act 1989.[6]
- The safety of the children we work with is our priority. Although not legally required to do so, we take every reasonable step to ensure a level of care that is comparable to the requirements of the Protection of Children Act 1999.
- Reporting procedures - Our reporting procedures are in line with current legislative framework for England, Wales and Northern Ireland and also follow the procedures set by the LSCB.[7]
- Spirit FM recognises that the Every Child Matters framework is largely meant for formal education institutions; it places values on its outcomes and will endeavour to incorporate them into its work.
- Although the European Human Rights Act 1998 does not specifically mention children, they are still covered by this legislation by the fact that they are considered 'persons' in the eyes of the law, just as adults are.
- The Government introduced guidance called 'No Secrets' in 2000, which sets out how the authorities - including health and social care professionals, the police and criminal justice agencies - should work together to reduce the risk of vulnerable adult abuse occurring, and to intervene to protect people when abuse does happen. While Spirit FM recognises that this guidance is largely meant for organisations, who work consistently with vulnerable adults, it is committed to ensuring that any concerns about vulnerable adults are responsibility reported.
Policy Statement
Spirit FM is fully committed to ensuring that children and vulnerable adults attending our facilities are protected and kept safe from harm in accordance with 'Working Together to Safeguard Children' (2006) documentation - A guide to inter-agency working to safeguard and promote the welfare of children, 'No Secrets: Guidance on Developing and Implementing Multi-agency Policies and Procedures to Protect Vulnerable Adults from Abuse' (Local Copy), and internal HR, equal opportunities policies and normal operating procedures.
Spirit FM has a particular interest in working safely with children because the activities and facilities offered attract a large number of children and many activities, workshops and shows are specifically aimed at children. Usually children are accompanied by a parent, guardian, group leader, teacher, but there are occasions when the child is solely under the organisation's care, for example summer project, workshops and so on Spirit FM also operates a number of social networking websites in order to interact with customers. There are a number of potential risks to children and young people using social networking and other interactive services. It is critical that in order to safeguard risks to staff, children and young people, our policies and guidelines keep pace with the raft of communication methods young people use.
To this end the venue will provide a clear, concise child protection policy and will distribute it to all staff and make it available to users of the facility. Staff will undergo policy training in their induction process and existing staff will undergo awareness training. Child Protection Officers will undergo significant training on a regular basis. All staff who have unsupervised contact with children will undergo an enhanced CRB check; see CRB policy for more information.
The principles behind this policy are also followed within other policy areas of the organisation such as recruitment, normal operating procedures, equal opportunities, complaints and grievance, disciplinary, health and safety, code of conduct and whistle blowing.
This policy and its procedures will be revised, at a minimum, every 3 years by the Child Protection Officer or earlier in the following circumstances;
- A major change or restructure within the organisation
- An incident occurring
- A change in legislation
Citations
[1] Every Child Matters: Change for Children
[2] Safeguarding Children - Protecting Children in Your Organisation, Charity Commission.
[3] Please refer to our Guidelines document with regards to responding to disclosures, concerns and allegations of abuse.
[4] The five outcomes are: be healthy, stay safe, enjoy and achieve, make a positive contribution and achieve economic well being.
[5] Herein the term 'staff' will include all people mentioned in this bullet point.
[6] http://www.legislation.gov.uk/ukpga/1989/41/contents.
[7] Local Safeguarding Children's Board
Diversity and Equal Opportunities Policy
UKRD Group Limited and Spirit FM recognises the benefits of a diverse workforce and is committed to providing a working environment that is free from discrimination.
The Company seeks to promote the principles of equality and diversity in all its dealings with employees, workers, job applicants, clients, customers, suppliers, contractors, recruitment agencies and the general public.
All employees and those who act on the Company's behalf are required to adhere to this policy when undertaking their duties or when representing the Company in any other guise.
Please review Spirit FM and UKRD Group Limited's full Diversity and Equal Opportunities Policy for further information.
UKRD Group Limited is the parent company of Spirit FM.
UKRD Group Limited is registered in England and Wales with company number: 2725453. UKRD Group Limited's registered office is: Carn Brea Studio's, Barncoose Industrial Estate, Redruth, Cornwall TR15 3RQ. VAT: 733389907
You can contact Spirit FM by writing to 9-10 Dukes Court, Bognor Road, Chichester, PO19 8FX.
