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Terms and Conditions


KM Media Group makes the kmfm website available to you subject to the following terms and conditions. By using the site you agree to these conditions. If you do not agree with them, please leave the site.

KM Media Group may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by KM Media Group. Your continued use of kmfm after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

NOTE: Use of the website and the submission by you of any contribution or data will also be in accordance with the rights and obligations set out in our Privacy Policy. You MUST read the Policy. If you do not agree to the terms of the Policy you should not use the site.

1. Interactive Services

  • 1.1 KM Media Group may make available to you forums or other means of public communications; shopping and other transactional services and competitions ("interactive services").
  • 1.2 Where such interactive services are operated by a third party you may be asked to supply information (including, for instance, credit card data), where that third party may have additional terms and conditions. When using such interactive services you will be dealing directly with third parties and any contracts or arrangements will be formed between you and them. KM Media Group cannot be held liable for your use of them or any liability arising.

2. Use of site and interactive services

  • 2.1 You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use kmfm content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any kmfm content except for your own personal, non-commercial use. Any other use of kmfm content requires the prior written permission of the KM Media Group. You also agree not to deep-link or frame to the site for any purpose, unless authorised by KM Media Group.
  • 2.2 You shall not use the site or interactive services to transmit or receive (or permit another person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or which makes excessive demands for bandwidth or contains any virus or which may harm KM Media Group's computer systems or any third party computer system.
  • 2.3 If you contribute any material (whether text, graphics, video or audio), you agree by making the contribution to grant KM Media Group a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such text or graphics into any form, medium or technology now known or hereafter developed. In addition, you waive any and all moral rights in such text or graphics.
  • 2.4 Further by submitting your contribution to kmfm, you:
    • 2.5 KM Media Group shall have the right to remove any items contributed to the site.

3. IPR

  • 3.1 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the site and interactive services is owned by KM Media Group. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright of the KM Media Group, or any other third party.
  • 3.2 The site and interactive services may include links to web sites or services operated by third parties. KM Media Group is not responsible for and does not give any warranties regarding any such web sites or services and is not responsible for or liable in relation to the content or your use of such web sites.
  • 3.3 KM Media Group is the owner of:
  • 3.4 All other trade marks, product names and company names or logos are the property of their respective owners.
  • 3.5. kmfm content, including the information, names, images, pictures, logos and icons regarding or relating to the KM Media Group, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

4. Privacy

See the Privacy Policy for information relating to the collection and use of your personal information.

5. Liability

  • 5.1 KM Media Group will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of KentOnline.
  • 5.2 KM Media Group does not warrant that functions contained in kmfm content will be uninterrupted, timely or error free, that defects will be corrected, or that kmfm or the server that makes it available are free of viruses or bugs.

6. Availability and Security of the Sites and the Interactive Service

  • 6.1 Due to the nature of the Internet, KM Media Group does not promise full or uninterrupted or error-free operation of the site and interactive services. All liability of KM Media Group, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the site and/or the interactive services is excluded
  • 6.2 KM Media Group shall use reasonable endeavours to ensure that any information it holds on you is kept secure. However, due to the nature of the internet, KM Media Group cannot accept any liability for those who intentionally attempt to gain unauthorised access to this information by means such as computer hacking.

7. Comments moderation

We do not actively moderate, monitor or edit contributions to the reader comments but we may intervene and take such action as we think necessary. If you have any concerns over the contents on our site, please either register those concerns using the report abuse button or contact us here.

8. Modification to these Terms and Conditions

KM Media Group reserves the right to change the terms, conditions and notices under which kmfm is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of kmfm constitutes your agreement with the KM Group to all such terms and conditions.

9. Termination

KM Media Group may permanently terminate your access to any interactive services provided on the site immediately for any reason.

10. Claims

Where a claim is brought against KM Media Group by a third party because of your use of the site or interactive services you agree to fully reimburse KM Media Group for all losses, costs, actions, claims, damages, expenses or liabilities, whatsoever suffered or incurred by the KM Media Group as a consequence of your breach of this agreement and your use of the site or interactive services.

11. Force Majeure

KM Media Group shall not be liable to the other for any loss or damage which may be suffered by any party due to any cause beyond KM Media Group's reasonable control including without limitation any power failure.

12. Law and Jurisdiction

This agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.

13. Comments

We do not actively moderate, monitor or edit contributions to the reader comments but we may intervene and take such action as we think necessary. If you have any concerns over the contents on our site, please either register those concerns using the report abuse button.

Competition Terms and Conditions

General

These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Term ("Terms"), together to be defined as the "Competition", unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Terms.

The Competition(s) is organised and operated by KM Radio/Kent Messenger, its sponsor(s) or any company, radio station or website owned or controlled (directly or indirectly) ("us", "we", "our" "KM Radio/Kent Messenger").

Terms specific to each Competition are displayed in a notice included on the radio station's website page posting for such Competition (the "Competition Notice") and are incorporated herein.

In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.

Any contests operated by kmfm are not associated with, promoted or endorsed by Apple Inc. Apple has no involvement with any of our contests.

Qualifying Entrants

To qualify to participate in any kmfm Competition Entrants must be a resident in Kent and live in the BR, CT, DA, ME, or TN postcode areas.

Entrants must be aged 16 or over unless otherwise stated

KM Radio and Kent Messenger employees (and immediate family) are not eligible to enter competition.

Employees (and immediate family members) of any company involved in the competition or, if relevant, any advertising agency connected with the competition are not eligible to enter the competition.

No person/s at the same address may win more than one "prize" valued at £300 or more via any of kmfms Competitions in any six (6) month period.

No person/s at the same address may win more than one "prize" under the value of £299 via any of kmfm Competitions in any thirty (30) day period.

Within a three hundred and sixty five (365) day period you cannot win any more than 4 prizes no matter the value.

Additional eligibility requirements may apply to a specific competition, e.g. a valid passport, visas and/or driver's licence. Provision of such documents will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.

By entering the competition, you hereby warrant that all information submitted by you is true, current and complete.

We assume that by using our site and entering the competition (and you warrant that) either you have legal capacity to enter the competition and agree to the Terms (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the competition and use of these Terms.

We reserve the right to disqualify any entrant if we have reasonable grounds to believe the entrant has significantly breached any of these terms and conditions.

In the event that any entrant is disqualified from the competition, in our sole discretion we may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Terms.

By signing the Agreement, you confirm and warrant that, to the best of your knowledge, you have no medical condition that could be adversely affected by any of the events or activities planned or reasonably expected to be involved in the Competition.

You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you (including without limitation any abusive behaviour, physical or psychological).which KM Radio/Kent Messenger considers to pose any medical, security or safety risk may lead to your immediate disqualification.

You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of KM Radio/Kent Messenger and any health and safety team, who will have full authority to restrict your levels of consumption

Competition Entries

Entry is restricted to one entry per person, per competition, per day; unless otherwise stated duplicate entries will be removed.

Incomplete or indecipherable entries will be void.

Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.

There is no purchase requirement to enter a Competition.

Where entries are made via a coupon or form it is not acceptable to submit photocopies. Photocopies will be void.

Source material used by KM Radio/Kent Messenger question compilers shall be taken as correct.

Where the option to enter via SMS exists and there is a tariff attached and the answer does not rely on skill, you are entitled to enter for free via this website

Competition entries submitted by SMS may require the user's name and postcode. Incomplete entries may not be eligible and may be disqualified.

Proof of posting cannot be accepted as proof of delivery. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside our control.

Entrants should note that unless stated otherwise by us, we do not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material, and may dispose of entries at our discretion.

Entrants must seek the permission of the billpayer before calling or texting.

During 'Register To Play' and 'text to win' contests, which will be clearly labelled on air, listeners must call/text during the stated registration period. A randomly selected caller will be phoned back to participate in the contest. If the caller does not answer their phone within 60 seconds or the call goes to their voicemail, kmfm may disregard their entry and select a new caller.

Prizes

Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tiebreakers, disputes, conflicts, questions or concerns will be managed by a member of our staff and, if required by law, by an independent adjudicator. In all matters, the decision(s) shall be final and no correspondence or discussion shall be entered into.

Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded.

Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.

Prizes are non-transferable and there is no cash alternative. We reserve the right to substitute prizes of equal or greater value at any time.

We reserve the right, in our absolute discretion, to request a proof of identity in the form of your passport, driving licence and a utility bill bearing your address.

Prizes are awarded at our discretion and prizes may be withheld in the event of improper actions by or on behalf of any entrant.

Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. We reserve the right to request written proof of age of any winner.

All prizes will be presented to winners via the UK mail service, unless otherwise noted. KM Radio/ Kent Messenger does not accept any liability or claims for prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.

We will not be responsible for replacing a prize if a concert or ticketed event has been awarded as a prize and the concert or event is cancelled or postponed.

Prizes must be taken in accordance with the dates and destinations and number of passengers specified by KM radio/Kent Messenger There will be no cash alternative. There will be no alternative destination.

Holidays are non-transferable. Holidays are subject to availability. You must hold a valid UK passport with at least 6 months' further duration (or competition entry will be invalid).

Holidays are not available to persons under the age of 18 without the express prior written permission of KM Radio /Kent Messenger.

All holidays must be taken within the timelines supplied or will be deemed invalid.

You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.

You are not entitled nor authorised in any way to commit KM Radio/Kent Messenger to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of KM Radio/ Kent Messenger in writing.

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.

Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by KM Radio/Kent Messenger 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 they may incur in connection with the Prize beyond those included in the Prize itself.

The winner agrees to accept all blackout dates, space availability, requirements etc established by our prize partner(s).

You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.

Intellectual Property

You hereby grant and assign to KM Radio/Kent Messenger the entire copyright and other intellectual property rights in and/or arising from your entry and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the "Products"), and where such products are not in existence at the date of this Agreement, by way of present assignment of future assignment.

You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.

For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in KM Radio/Kent Messenger for its own use (in its absolute discretion).

In consideration of us agreeing to consider entrants to the Competition, each entrant hereby assigns to us the complete copyright and all other rights in any entry, which shall be for the full period of copyright. We shall be free to assign such rights to third parties.

You hereby warrant that the information that you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything, which is libellous, defamatory, obscene, indecent, harassing or threatening and shall indemnify KM Radio/Kent Messenger for any loss, damage or liability arising in connection therewith. If relevant, we reserve the right, but not the obligation (and without limiting our rights under your warranty and indemnity above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

Liability

KM Radio/Kent Messenger 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).

We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.

It is agreed and accepted by you that KM Radio/Kent Messenger shall have no liability whatsoever in respect to competitions operated on behalf of third parties, eg. Sponsor.

Confidentiality

You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to KM Radio/Kent Messenger, its business, personnel, servants, agents or officers to anyone.

You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of KM Radio/Kent Messenger.

General

There is no fee payable to you in respect of your involvement in the Competition.

The Terms (unless otherwise expressly confirmed in writing by KM Radio/Kent Messenger) supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by KM radio/Kent Messenger. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.

In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.

The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.

These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.

SMS "Texting"

By supplying your telephone number you consent to receive SMS messages from KM Group regarding new promotions, products and services. Please add the word STOP at the end of your message if you do not wish to receive these messages.

Competition entries submitted by SMS may require the user's name and postcode. Incomplete entries may not be eligible and may be disqualified.

Where there is any stated competition closing date, messages sent after the date are ineligable but may still be charged. Where premium rate charges apply, entries can be accepted for free via the competition pages.

If you have any queries please call 0800 0855810 between 0900 and 1700, Monday to Friday. Or email enquiries@thekmgroup.co.uk

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