This Website
is provided by the Company indentified at the foot of this page whose
registered office address is Prospect House, Rouen Road, Norwich, Norfolk NR1
1RE and whose VAT number is 711518562.
Terms & Conditions. 1
Variation of these Terms & Conditions. 1
Definitions. 2
Jurisdiction.. 2
Content 2
Registration.. 2
Contributions/Notice Board/Chat Room... 2
Acceptance of Advertisements. 3
Competitions. 6
Software and Security. 7
Third Party Website. 7
Intellectual Property. 7
Data Protection and Privacy Policy. 7
Additional Services. 9
Sales and Services. 9
Indemnity. 10
These terms and conditions apply to
all users of this Website. If You do not accept these terms then You should
immediately stop using this Website. Your use of the Website confirms Your
acceptance of these terms. We will not be liable to You for any interruption
or delay that You experience in accessing the Website, whatever the cause.
No metatags, hyperlinks or other
forms of linkage whatsoever to any other website may be imposed on the Website
unless express prior permission has been given.
Access to particular areas of the Website
may be subject to additional terms to which You confirm Your acceptance of by
entering the particular areas. If You do not accept those terms then You
should immediately stop using those pages.
Archant does not warrant that
functions contained in the Website content will be uninterrupted or error free,
that defects will be corrected or that the Content or the Server(s) are available
free of viruses or bugs.
This Website is made available on
the basis that there are excluded, to the extent permitted by law, any terms
implied by statute or otherwise and all liability for any loss or damage
however it arises out of the use of this Website or reliance on its content.
VERSION DATE: June 2009
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 sections 736 and 736A of the Companies Act 1985.
"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 unless You first obtain Our
written consent from the Assistant Company Secretary at Archant Limited,
Prospect House, Rouen Road, Norwich NR1 1RE 01603 772772.
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
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:
1.
we may select or
reject any material for publication at Our sole discretion and no
correspondence will be entered into.
2.
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.
3.
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.
4.
your email
address and password are personal to You and You must not allow anyone else to
use them.
5.
you must not
impersonate any other user of the website or do anything to assist an
unregistered user to gain access to the website.
6.
that use of Your
personal data by Us is subject to Our Data Protection and Privacy Policy.
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:
1.
that is
threatening, defamatory, intentionally offensive abusive, liable to incite
racial hatred, pornographic, obscene, in breach of confidence, in breach of privacy;
or
2.
that is discriminatory
against race, religion, disability, sexual orientation or gender; or
3.
for which You
have not obtained all necessary licences and/or approvals; or
4.
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
5.
that is in
breach of the rights of any third party; or
6.
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
7.
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
8.
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
9.
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.
1.
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).
2.
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.
General
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.
Definitions
“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.
These Conditions apply to any
advertisement which You have asked Us (“Archant”) 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.
Orders
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.
You agree:
·
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.
Cancellation
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.
Artwork
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
issue You a credit note 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.
Payment
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.
Applicable Law
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.
We are not responsible for any
technical or other issues that may arise if You download software from an
external third party Website (e.g. Acrobat Reader) or upgrade Your browser
software to enhance Your usage of the 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.
Our privacy policy
Archant is committed to respecting Your
privacy. This statement sets out how Archant Group Websites comply with
European Community data protection requirements. We are registered under the
Data Protection Act 1998.
This privacy statement applies to
this Website only – it does not cover other websites to which We may provide
links, or to Archant Websites other than those operated by Archant Group.
Is it possible to access the Website without
disclosing personal data?
Yes. You can visit the Website
without identifying Yourself or revealing any personal information. Once You
choose to provide Us with any information by which You can be identified, it
will only be used in accordance with this privacy statement.
What information do We collect?
We collect the personal data that You
volunteer on forms You submit to Us (for example in registering for membership
services), and in emails You send to Us.
Where You can Order products, We
will collect Your name, contact and billing information, transaction and credit
card information.
What do We do with the information We gather?
We require this information to
understand Your needs and provide You with a better service. We will also use
it to send You the information You have requested – for example details of
houses for sale and jobs which match Your requirements.
We may contact You for market
research purposes or to give You information about new features on the Website.
You will only be contacted if You have given Us authority to do so.
Do We disclose Your personal data to third parties?
We will ensure that Your personal
data will not be disclosed to third parties except insofar as You have
consented to such disclosure or We are required to do so by law.
Your personal data may be disclosed
to other companies within the Archant Group.
Can I see the information You hold about me? And can
I amend it?
You may request details of personal
information which We hold about You under the Data Protection Act 1998. If You
would like a copy of the information, please write to Matthew Eastaugh, Data
Protection, Archant Limited, Prospect House, Rouen Road, Norwich, Norfolk NR1
1RE, or email dataprotection@archant.co.uk. A £10 fee is payable for all
requests made under the Data Protection Act.
If You believe that any information We
are holding on You is incorrect, please write or e-mail Us to the above
address. We will correct any information which was found to be incorrect within
28 days and without charge.
If You have agreed to the disclosure
of personal information and to receiving marketing and promotional information,
but no longer wish to do so, then please contact Us at 01603 772772.
If You are unhappy with Our
response, You can ask the Information Commissioner to assess whether the
requirements of the Data Protection Act have been met. Write to The Information
Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Is the information You hold on me secure?
We are committed to ensuring that Your
information is secure. In order to prevent unauthorised access or disclosure We
have put in place physical, electronic and managerial procedures to safeguard
and secure the information We collect on-line. All employees who have access to
Your personal data are contractually obliged to respect Your confidentiality. We
have put in place technology measures and security policies and procedures to
protect personal information from unauthorised access, improper use,
alteration, unlawful or accidental destruction or accidental loss.
Do We use cookies?
Yes. A cookie is a piece of text
which asks permission to be placed on Your computer’s hard drive. Your browser
adds that text in a small file. A cookie helps Us to analyse web traffic and
allows Websites to respond to You as an individual. For example cookies are
used for membership details on the property, jobs and business sections.
Do We gather any other information?
Yes, We use an independent measurement
and research company called Omniture, who gathers non-personal data regarding
the visitors to Our website on Our behalf using cookies and code. Both the
cookies and the embedded code provide non-personal statistical information
about visits to pages on the website, the duration of individual page view,
paths taken by visitors through the website, data on visitors' screen settings
and other general information. Archant uses this type of information, as with
that obtained from other cookies used on the website, to help it improve the
services to its users.
From time to time We may provide additional
services for You to download. However, the download time may vary considerably
between the types of content and You agree that You are wholly liable and
responsible for any telephone call and/or other charges incurred in downloading
the same.
For
the acceptance of advertisements please refer to Acceptance of Advertisements
above
Third Party Sites
Some third party sites which are
either embedded into the Website or links are provided are sites which are
operated by third parties with whom Archant has a commercial association,
including but not limited to sites by means of which You can make payment for
use of the Website or associated services. If You wish to make any purchases or
enter any financial dealings on such website, You will be entering a contract
with the relevant third party operator who will ask You to supply information
about Yourself and on Your financial affairs, including Your bank or credit
card details. The third party operator will have their own terms and conditions
and privacy policy and it is up to You to indicate Your consent or otherwise to
the use that the third party proposes to make of Your personal data. While We
select Our trading partners with care, Archant cannot be held liable for any
loss or damage whatsoever which You may suffer as a result of Your decision to
enter any dealings or transactions with, or supply personal information to, a
trading partner or any third party. Please ensure You are aware of whom You are
contracting with and the relevant terms and conditions prior to entering into
any contract.
A contract for Us to supply You with
goods or services will only be created when We accept Your Order (which We may
do in writing, by email or by fulfilling that Order). Goods and services
advertised on this Website may not actually be available when You place Your Order
as We reserve the right to withdraw services at any time.
Once We accept Your Order We will
inform You in writing of the details of Your Order, the price of the goods
including taxes and delivery costs, arrangements for payment and delivery, and Your/Our
obligations
We shall deliver Your goods within a
maximum of 30 days beginning with the date of the Order. If goods are not available, Archant will inform You and
reimburse any sum already paid within 30 days.
You have the right to cancel the contract for
whatever reason within seven working days ("cooling off" period) from
the date that You receive the goods (or, for services, the date of conclusion
of the contract) or from the date the written confirmation is provided if
later. This right to cancel does not apply to Excluded Contracts.
Certain contracts are excluded from
the right to cancel and You will not automatically have the right to cancel
these contracts. For example, contracts for customised goods (e.g.
advertisements) or those which deteriorate rapidly (e.g. food and perishable
items) and contracts for the supply of video or audio recordings or computer
software that is unsealed by You.
If You cancel the contract We will
re-imburse You as soon as possible. In any event, Archant will refund You
within 30 days of the notice of cancellation, without any charge other than the
direct cost of returning the goods.
Where You return the goods by post, You
are under a duty to take reasonable care to see that they are received and not
damaged in transit.
You agree to indemnify and hold
Archant, its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability, demand,
claim or legal proceedings brought or threatened, including expenses of any
character suffered or incurred arising out of Your use of the Website or the
Services in violation of this Agreement, and/or arising from Your use of or
conduct on the Website or in use of the Services and/or a breach of this
Agreement.