- Definitions “Intellectual Property Rights” mean for the purposes of these Terms and Conditions, copyright (including copyright in literary, musical and artistic works, sound recordings, films, broadcasts, software (source code and object code)); authors’ moral rights in their copyright works; and trade marks, whether registered or not; including patents, registered and unregistered designs, confidential information and any and all other rights of a similar nature;”Administrators” mean Metropolis Business Media also referred to as “we”, “us” or “our”;”Services” mean on-line information services for users;”Third Party Web Site(s)” mean third party web sites, search engines, interactive news rooms directories and/or databases;”User” means any person or persons, firm or company, their servants or agents, or contractors which we approve, willing to visit or use the Talking Retail Website Service.
- If you do not accept these Terms and Conditions you will not be permitted to use our Service.
- Your use of the Service and Third Party Web sites
- By using the Service on our web site you will be able to access Third Party Web sites.
- Personal Use Limitation
- You may use our web site for the purposes specified below only.
- You may not use it commercially or modify, copy, distribute, transmit, display perform, reproduce, publish, licence, create derivative works from, transfer or sell any content, information, products or services obtained from this site.
- You warrant to the Administrators that you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions.
- For the avoidance of doubt you and not the Administrators will be solely responsible for any civil and/or criminal liability arising from any breach of these Terms and Conditions by you and/or any illegal activity carried on by your use of this Service.
- Any contract you may make for the supply of any other goods and services with any third party, accessed through this our web site and facilitated through the respective Third Party Web site, will be on that third party’s terms of sale unless otherwise specified.
- You agree to pay for any goods and/or services ordered from this web site including all VAT and/or applicable governmental tax or levy.
- The Administrators make no warranties and/or representations about the suitability of the information provided to you as part of the Service, including but not limited to any information published on this web site or on the linked web sites , for any purpose. All such information is provided on an “as is” basis without warranty of any kind. the Administrators hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and Intellectual Property Rights non-infringement.
- Please note that the information provided to you as part of the Service, including but not limited to any information published on the Administrators web site and/or the Internet, could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. the Administrators may make improvements and/or changes in the Service.
- The Administrator makes no representations whatsoever about any Third Party Web site which you may access via a link on our web site. When you access a Third Party Web site, please understand that it is independent from the Administrators, and that the Administrators have no control over the content on that web site. In addition, a link to a Third Party Web site does not mean that the Administrators endorse or accepts any responsibility for the content, or the use, of such web site.
- Any contract you make for the supply of goods and services will be with the relevant third party supplier and on that third party’s terms and conditions. We make no warranty or guarantee in relation to matters for which suppliers or other third parties are responsible including fulfilment of your contract and make no warranty as to the fitness for purpose or satisfactory quality of any goods or services purchased through the web site. If any problems arise from the supply of goods or services by a supplier, you must take issue with the supplier and not with us. While we will endeavour to ensure that such problems are resolved, we are not responsible for any aspect of the relationship between you and the supplier.
- Limitation of Liability
- For the avoidance of doubt, we do not limit our liability for death or personal injury to the extent only that it arises as a result of our negligence or the negligence of our affiliates, directors, employees or other representatives.
- While we attempt to ensure that the information available on the web site is accurate, we cannot guarantee that it will always be fault free. We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions.
- In no event will the Administrators be liable to any third party for any direct, indirect, special or other consequential loss or damage for any use of this web site or Third Party Web sites, or on any other hypertext linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data or otherwise, even if we are expressly advised of the possibility of such damages.
- We have the right without liability to change descriptions and specifications in relation to the Service. We may provide access to a range of goods and services available for you to buy from various third party suppliers from our web site, and accordingly we accept no responsibility or liability whatsoever for any direct or indirect costs, loss, injury, damage, delay, claim, or other matter arising out of or in connection with any order you place with the such suppliers.
- Access Restriction/Misuse
- You agree that we may, in our sole discretion, issue warnings to you in relation to improper use of the Service or terminate or suspend your use of all or part of the Service for any reason, including, without limitation, breach of these Terms and Conditions and/or any subsequent modifications thereto. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of the Service and may be referred to any appropriate law enforcement authorities. We shall not be liable to you or any third party for any claims related to your termination of use of the Service.
- We reserve the right to disclose and/or destroy any personal information, records, data, documents, or any other materials used or provided by you in relation to your use of the Service where your use contravenes these Terms and Conditions.
- We will not be liable for any data, materials and/or statements posted by you and/or third parties on the web site.
- Without prejudice to any of our rights set out in these Terms and Conditions, we may, at our sole discretion, remove content or disable access to material on the Administrators web site which we have reason to believe infringes the rights of third parties or it considers to be offensive or inappropriate in any way.
- You should be aware that posting messages on our site may enable other people to pick up your e-mail address and contact you.
- Modification of these Terms and Conditions We reserve the right to change these Terms and Conditions of use at any time without cause, such changes shall become effective as soon as they are on the Administrators web site and by continuing to use the Administrators web site following such changes you will be deemed to have accepted such changes.
- Changes to prices and Services All prices and Services are subject to change without notice. However we will inform you of any changes and in that instance you will have the right to cancel your order for that particular Service.
- Intellectual Property Rights
- All Intellectual Property Rights in the Administrators web site, including its design, text, graphics, know-how, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on the Administrators web site are reserved to the Administrators.
- In accessing the Administrators’ web site you agree that you may only download the content for your own personal use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Administrators’ web site for any other purpose whatsoever without the prior written permission of the Administrators and/or an appropriate licence from any other relevant third party.
- The Administrators and any related marks or logos are trademarks or registered trademarks of the Administrators. Other product and company names mentioned herein or appearing on the Administrators web site or on the Internet may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
- You agree to comply with the terms of any licence granted to you by the owner of Intellectual Property Rights in all software and content made available to you in connection with the provision of the Service.
- For the avoidance of doubt you are prohibited from copying any material which infringes third party Intellectual Property Rights and you will be solely responsible for any infringement of third party Intellectual Property Rights that occurs as a result of your use of our website.
- General The information contained in the material on the Administrators web site is only for information purposes. By permitting the use of the Service, we do not hold ourselves out as providing any legal, financial or other advice. We do not make any recommendation or endorsement as to any investment, advisor or other service or product or to any material submitted by third parties or linked to the Service. In addition, we do not offer any advice regarding the nature, potential value or suitability of any particular investment, security or investment strategy.
INDEPENDENT RETAIL NEWS – STANDARD CONDITIONS OF ACCEPTANCE
1. For the purpose of these conditions, ‘Advertiser’ shall refer to the Advertiser or his Agent whichever is the principal. ‘Advertisement’ shall include loose ‘insert’ where appropriate.
2. These conditions will apply to all advertisements for publication. Any other proposed condition shall be void unless incorporated in written instructions and explicitly accepted by the publisher in writing.
3. All advertisements are accepted subject to Publisher’s approval of the copy.
4. If it is intended to include in an advertisement a competition or a special offer of merchandise, other than that normally associated with the advertised product, full details must be submitted at the time of booking. The Publisher has no obligation to ensure the Advertiser fulfils the advertisement promotional or other incentive.
5. The publisher reserves the right to omit or suspend an advertisement at any time for good reason, in which case no claim on the part of an Advertiser for damages or breach of contract shall arise. Should such an omission be due to the act or default of the Advertiser or his servants or agents then the space reserved for the advertisement shall be paid in full notwithstanding that the advertisement has not appeared. Such omission or suspension shall be notified to the Advertiser as soon as possible.
6. If the publisher considers it necessary to materially modify the space or alter the date of insertion or position or make any other alteration, the advertiser will have the right to cancel if the alterations are unacceptable, unless such changes are due to an emergency or circumstances beyond the publishers control. Every care is taken to avoid mistakes but the publisher cannot accept liability for any errors due to any third parties, subcontracts or inaccurate copy instructions.
7. The Advertiser warrants that the advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other Party’s rights or an infringement of the British Code of Advertising Practice.
8. The advertiser will indemnify the Publisher fully in respect of any claim made against the Publisher arising from the advertisement (including but not limited to breach of another parties copyrights). The Publisher will consult with the Advertiser as to the way such claims are to be handled.
9. Advertisements rates are subject to revision at any time and orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
10. If an advertiser cancels the balance of the contract, except in the circumstances set out in Clauses 6 or 9 above, he relinquishes any right to that series discount to which he was entitled previously and advertisements will be paid for at the appropriate rate.
11. Series discounts apply only to orders placed in advance and completed within one year of date of insertion. The Publisher reserves the right to surcharge in the event of insertions not being completed in the contractual period.
12. Credit accounts are strictly nett and payment must be received 14 days after invoice date. Interest will be payable on all amounts after that date at 4% per annum over Bank Minimum Lending Rate, to be charged monthly. And the advertiser shall reimburse the publisher for all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
13. All gross advertisement rates are subject to the current Advertising Standards Board of Finance surcharge payable by the Advertisers. When orders are placed by Advertising Agents the Agency will be responsible for collecting this surcharge and paying it to the advertising Standards Board of Finance.
14. Charges will be made to the Advertiser or his Agent where the Publisher, Printers or Colour Reproducers are involved in extra production work owing to acts or defaults of the Advertiser or his Agent. These charges will be passed onto the Advertiser in respect of the publication. Complaints regarding reproduction of advertisements must be received in writing within one calendar month of the cover date, addressed to The Production Director.
15. Where the Advertiser has undertaken to supply inserts which have been accepted and approved by the Publisher the Publisher reserves the right to change the rate agreed if they fail to arrive at the agreed time and place for insertion. No obligation shall rest on the Publisher to include the precise number of inserts in a specific publication date, region or position.
16. Where the Publisher provides a Reader Enquiry Service for the benefit of his readers, he shall not be contractually bound to pass such enquiries to the Advertiser.
17. Cancellation or suspension of an insertion must be made in writing to the appropriate individual publication(s). Periods for the acceptance of cancellations or suspensions vary in accordance with the differing production requirements, but are always subject to a minimum of six weeks prior to stated copy date. No advertisement can be cancelled after the copy date for any reason whatsoever and the Advertiser must pay the full amount of the advertisement.
18. Copy must be supplied by the Advertiser or his Agent without application from the Publisher. If copy instructions are not received by agreed ‘copy date’ no guarantee can be given that the proofs will be supplied nor corrections and the Publisher reserves the right to repeat the most appropriate copy or treat the booking as a cancellation (Clause 17).
19. Advertiser’s property, artwork, film etc are held at the owners’ risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork and film which has been in his custody for six months from the date of its last appearance.
20. The placing of an order will be deemed to be an acceptance of all the above conditions and shall be an express term of any contract. The order is liable to cancellation unless accepted by the supplier within twenty working days of the order. Acceptance shall be by means of any written acknowledgement or by printing the advert or by delivery
- Competitions and Giveaways appearing on Talking Retail/Independent Retail News are only open to independent retailers and their staff currently employed in the trade.
- Prizes will be awarded as stated in individual competitions and Giveaways.
- The editor’s decision is final and no correspondence will be entered into.