Variation of these Terms & Conditions
We reserve the right to make changes to any part of the website. It may therefore be necessary to change these Terms and Conditions. If we do change the Terms and Conditions, We will update the date above. If You use any of the website after we have published such changes, You will be agreeing to be bound to those changes. If you do not agree to be bound by the changes then you should immediately stop using the website.
"Archant Group" “Archant” means Archant Limited, whose registered office is at Prospect House, Rouen Road, Norwich NR1 1RE, and any subsidiary from time to time of Archant Limited also referred to as "We", "Us" and "Our". Subsidiary has the meaning given in section 1159 of the Companies Act 2006.
"Websites" means the websites and wap sites (including their constituent pages) with their home pages published by Archant Limited; and any other website, wap site or web address owned or operated by a member of the Archant Group as may link to these Terms and Conditions from time to time.
“Contributions” any unsolicited material, including (but not limited to) verbal, e-mail, video, letters, texts, digital photographs or other images.
Your use of this website, these terms and conditions and any matters arising are subject to the laws of England. Any dispute is subject to the exclusive jurisdiction of the Courts of England. Save as specifically provided otherwise. This Website is targeted only at, and goods and services are only available to, UK residents.
All material on this website is protected by copyright. You may only copy, download and reproduce it for your own personal use. You must not use it for reproduction on any other website, or in any way for commercial purposes or gain not listed below (where a separate licence is required) unless you first obtain our written consent.
The following systematic creation and/or use of links to this website require a separate licence:
- Utilising links to this website received as part of a paid-for media monitoring service; and/or
- Systematically forwarding links to this website within a business or outside a business for business purposes; and/or
- Copying or extracting data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
Any such use of this website is prohibited without an appropriate licence.
Please contact the NLA (www.nla.co.uk) or the Assistant Company Secretary at Archant Limited, Prospect House, Rouen Road, Norwich NR1 1RE 01603 772772 for further details.
Where any part of the website requires that you register in order to use it, You are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including Your e-mail address) by altering Your details as appropriate.
Registration is at Your own risk and We will not be liable for any unauthorised transactions made using Your user name, pin number or password.
Contributions/Notice Board/Chat Room:
By submitting any material to Archant, you automatically grant Archant the royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You acknowledge:
- We may select or reject any material for publication at Our sole discretion and no correspondence will be entered into.
- Material submitted by You may be published in any publication or Website produced or published by Archant Group and/or may be supplied by Us for publication by third parties at Our discretion.
- You are over 18 years of age and You are the bill payer or have the permission of the bill payer to send Us the material.
- Your email address and password are personal to You and You must not allow anyone else to use them.
- You must not impersonate any other user of the website or do anything to assist an unregistered user to gain access to the website.
You further agree that by submitting any material to Us, You also waive all Your moral rights in such materials and agree not to contribute any material:
- That is threatening, defamatory, intentionally offensive abusive, liable to incite racial hatred, pornographic, obscene, in breach of confidence, in breach of privacy; or
- That is discriminatory against race, religion, disability, sexual orientation or gender; or
- For which You have not obtained all necessary licences and/or approvals; or
- Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or
- That is in breach of the rights of any third party; or
- Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) You further agree that if You knowingly send any material which is technically harmful that Archant retains the right at its sole discretion to pursue You for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred as a result of Your actions; or
- That makes any commercial or business use of the website or post any material which comprises advertising promotional or marketing material of any kind, nor will You set up any links from the Website to any other website; or
- That is not original to You and You grant Us a royalty-free irrevocable and perpetual licence to use, reproduce in whole or in part, modify and adapt such material and authorize others to do so in any media now known or in future developed in any part of the world; and
- That You understand and agree that any breach of these warranties may cause Us damage and loss and You agree to indemnify Us and keep Us at all times fully indemnified from and against all claims, costs, loss or damage incurred by Us directly or indirectly as a result of any material posted by You on the website or any use by You of the website.
We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting material in breach of this clause.
Disclaimer of Liability:
Use of the website is entirely at your risk. We do not accept any liability or responsibility for any third party material appearing on the website or for the nature or content of such material: We do not control such material nor do we examine or edit postings prior to their appearance on the website. For the avoidance of doubt, to the fullest extent permissible by law, we are not liable for any loss or damage caused as a result of your viewing material on the website or your use of the website (save for death or personal injury if caused by our negligence).
We reserve the right (but do not assume the obligation) without notice to remove any material which We in our sole discretion deem to be harmful, offensive or otherwise in breach of these terms and conditions and/or to terminate the registration of any person who We in our sole discretion deem in breach of these terms and conditions. This is without prejudice to any of Our rights at law all of which are specifically reserved.
By accessing or posting any information you confirm you have read and agreed to the above terms and conditions.
Conditions of Acceptance of Advertisements:
Important these Conditions contain an indemnity if you breach your warranties to us.
These conditions apply to any advertisement which you have asked us to publish on your behalf in a title (the “Advertisement”) and by making such an offer (an “Order”) you agree to be bound by these conditions in that respect.
These conditions override any terms stipulated by you on order forms or elsewhere unless We accept those terms in writing. If we do so, these Conditions will apply except to the extent that they are inconsistent with anything so agreed by us.
“We” and “Us” means, and “Our” refers to, the Company which is the publisher of the Title in which You have asked Us to publish Your Advertisement.
“Title” means any publication or Website which We publish.
“You” means, and “Your” refers to, the person placing the Order with Us and where that person is an advertising or other agency placing the Advertisement on behalf of their client that agency agrees that it has placed the Order as principal.
We may insist on You submitting Your Order in writing and if We do so You will not be deemed to have placed an Order until We receive it in writing. If We do not insist that You submit Your Order in writing it is deemed to be placed when the initial Order is made, subject to the terms and conditions below. If You deliver copy instructions to Us, We may treat this as an Order unless it is clearly marked as “not constituting an Order”.
We will notify You if We do not accept Your Order within 3 working days of receiving it. Publication of the Advertisement will mean We have accepted the Order.
We are not obliged to accept Your Order or to publish any Advertisement placed by You and cannot guarantee insertion, special position, the date or the classification of any such Advertisement, or the distribution of the Title. We will not be liable for any loss or damage incurred as a result of Our failure in these respects. We may reject any Order (in whole or part) prior to (any) publication by notice to You and (to the extent rejected) We will refund any pre-payment in that case but will have no further liability.
We may carry forward an Advertisement not inserted to the next suitable issue of a Title.
If You place an Order but fail to provide copy/artwork by the publication deadline, We may repeat any previous relevant Advertisement from You for which We have copy, or use a filler, and charge You the full price of Your Order in any event.
Advertising standards, legal obligations and third party rights:
You confirm and warrant to Us that the copy You provide and the publication by Us of an Advertisement pursuant to an Order will:
- be legal, decent, honest and truthful;
- not result in a breach of any relevant Code of Practice, including other provisions of the Advertising Standards Code of Practice
- not breach any legislation;
- not be defamatory;
- not infringe any copyright, trademarks or other legal rights of any person or company and that You have received any consent needed to refer to or portray people (expressly or impliedly) in the Advertisement.
- when appearing on any Archant Website will not contain hyperlinks or metatags linking to the advertiser’s own Website unless express prior permission has been granted by Archant.
- to indemnify Us in respect of all costs, damages and other charges We incur or to which We are subject as a result of publication of any Advertisement pursuant to Your Order where there is a breach of any warranty given by You to Us;
- not to be in breach of contract in relation to the Order/Advertisement;
- that We may store, reproduce and distribute copy relating to any Advertisement, including by electronic means;
- that We may without notice or warning destroy any box office correspondence or communication received in response to an Advertisement which We think it inappropriate to deliver;
- that We accept no liability in respect of any loss or damage alleged to have arisen though delay in forwarding or omitting to forward replies to box numbers to the advertiser (however caused)
- that We may liaise with the police and/or any other relevant authority in relation to any Order/Advertisement or any response to any of them We receive (including passing on Your details);
- that We may record and use Your details to perform Our obligations under these Conditions and publish Your Advertisement (including by passing them to other group companies and/or sub-contractors as reasonably necessary to do so);
- if You are an agency acting for a client, that We may provide a proof of the Advertisement direct to the client for approval by whatever means We deem appropriate;
- that We may hold Your details on record for a reasonable period and contact You about future advertising opportunities which We believe may be of interest to You.
- that any material submitted by You is held by Us at Your own risk and should be insured by You against loss or damage from what ever cause. We reserve the right to destroy without notice all such property after the date of its last appearance in an advertisement unless You have given written instructions to the contrary.
- that You acknowledge that We shall have no liability for any variation of up to 10% in the final published size of any advertisement.
We are not obliged to accept a cancellation request (which We may require to be made in writing). All magazine cancellations must be made in writing a least one calendar month prior to the publication date. All other cancellations should be made within four working days of publication.
If We accept a cancellation for part of a series of Advertisements, We may surcharge You for any insertions in that series which are not cancelled.
We retain copyright (and any other intellectual property rights) in all Our artwork, copy and other materials in any Advertisement (even if combined with any of Your copyright materials). In addition, You agree that We own the copyright in the typographical arrangement of all Advertisements. No copy in any form will be returned unless agreed in writing by Us at the time of placing the Order.
We will not be liable for accidental loss or damage to Your copy, including artwork and photographs, in any format. Accordingly, Our liability for non-accidental damage to Your copy will be limited to the value of the medium in which they are embodied.
Errors, omissions or inaccuracies in Advertisements:
We will not be liable for:
- any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in Advertisements, a proof of which has been agreed by You;
- any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in an Advertisement, if that error is notified to Us more than one week after its publication;
- any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in a second or subsequent Advertisement in a series;
- any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in an Advertisement which does not detract from the essence of that Advertisement.
Where We acknowledge an error (including but not limited to spelling and text errors) misprint, inaccuracy or omission We will, at Our choice, either publish the corrected Advertisement, or depending upon how payment was made issue You a credit note or refund Your credit/debit card, to a value not exceeding the price of the Advertisement and this will be the limit of Our liability in respect of the error, misprint, inaccuracy or omission.
Except where We state otherwise, all prices are exclusive of VAT.
You will pay for an Advertisement on placing an Order, unless credit terms have been agreed. You will be sent an invoice unless You have pre-paid (or a direct debit arrangement is in place), in which case You will only be sent an invoice if You request one.
Credit terms are that payment is due seven days from the date of invoice, unless You apply for, and We grant, a monthly account.
A query on an item on an invoice issued by Us will not affect the time at which You are liable to pay the rest of that or any other invoice issued by Us.
If You do not pay a sum due to Us by the due date, all sums due by You to Us become payable on the due date for the sum not paid and We may suspend further advertising for You and charge You compensation and interest according to the Late Payment of Commercial Debts (Interest) Act 1998.
Nothing in these conditions shall exclude or limit Our liability for death or personal injury caused by Our negligence, for Our fraud or otherwise to the extent it would be illegal to do so.
These Conditions shall be governed by and construed in accordance with the laws of England and Wales.
The winner(s) may be notified by email and the results may be published on this Website and/or in the paper.
We reserve the right to report details of competition winners, to take photographs (or other visual media) and to publish such media. The prize must be taken as offered with no alternative. In the event that the prize cannot be supplied no liability will attach to Archant.
Entry into any competition does not give rise to any binding agreement between the parties.
When prizes are supplied by third parties We are acting as their agents and as such We exclude all liability for loss or damage You may suffer as a result of any Competition.
The editor of the relevant publication or Website decision is final and no correspondence will be entered into.
Employees of Archant and the prize provider and their immediate families and agents may not enter.
Software and Security:
We are not responsible for any technical or other issues that may arise if You download software from an external third party Website (eg. Acrobat Reader) or upgrade Your browser software to enhance Your usage of the Website.
Third Party Website:
This website provides links to other websites. These links are for Your convenience only and do not signify that We endorse or undertake any responsibility for the content of or any transactions that You enter into relating to those linked sites. Use of third party websites is entirely at Your own risk.
The Website and/or the services contain content owned by Archant.
The Content is protected by copyright, trademark, patent, trade secret and other laws.
Archant owns and retains all rights in the Content and the Website and the Services. Archant hereby grants You a limited, revocable, non-sublicensable licence to reproduce and display the Content (excluding any software code) solely for Your personal, non-commercial use in connection with viewing the Website and using the Services.
The Website and the Services contain content owned by Users and other licensors (“Third Party Content”).
Except for Content posted by You, You may not, unless specifically authorised by Archant in writing, copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services.
You may retrieve and display content from the Website or the Services on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for Your personal non-commercial use.