Google+

Absolute

Herefordshire

 

MADE IN HEREFORDSHIRE

 

 

 

Terms and Conditions


Background
These terms and conditions apply between you, the user of this website, and absolute Herefordshire Ltd, the owner(s) of this website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the site. If you
do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1 Definitions and interpretation
1.1 In these terms and conditions, the following definitions are used:
Content any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website;
absolute Herefordshire Ltd we or our refers to the owner and operator of the Website known as absolute Herefordshire ltd, as identified at the end of these terms and conditions;
Service collectively any online facilities, tools, services or information that absolute Herefordshire Ltd makes available through the website either now or in the future;
System any online communications infrastructure that absolute Herefordshire Ltd makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User/Users or you any third party that accesses the website and is not either (i) employed by absolute Herefordshire Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to absolute Herefordshire Ltd and accessing the Website in connection with the provision of such services. Website the website that you are currently using www.absoluteherefordshire.co.uk and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
1.2 In these terms and conditions, unless the context requires a different interpretation:
1.2.1 the singular includes the plural and vice versa;
1.2.2 references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
1.2.3 a reference to a person includes firms, companies, government entities, trusts and partnerships;
1.2.4 'including' is understood to mean 'including without limitation';
1.2.5 reference to any statutory provision includes any modification or amendment of it;
1.2.6 the headings and sub-headings do not form part of these terms and conditions.
2 Intellectual property and acceptable use
2.1 All Content included on the website, unless uploaded by users, is the property of absolute Herefordshire Ltd. By continuing to use the website you acknowledge that such content is protected by copyright and all other relevant intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2.2 You may, for your own personal, non-commercial use only, do the following: retrieve, display view and submit content,
2.3 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of absolute Herefordshire Ltd.
3 Prohibited use
3.1 You may not use the website for any of the following purposes:
3.1.1 in any way which causes, or may cause, damage to the website or interferes with any other person's use or enjoyment of the site;
3.1.2 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order;
3.1.3 making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
4 Links to other websites
4.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under our control.
4.2 We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
4.3 The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of individual or companies in control of them.
5 Privacy Policy and Cookies Policy
5.1 Use of the website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.absoluteherefordshire.co.uk/termsandconditions and www.absoluteherefordshire.co.uk/cookiepolicy.
6 Availability of the Website and disclaimers
6.1 The service is provided "as is" and on an "as available" basis. We give no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. absolute Herefordshire Ltd is under no obligation to update information on the Website.
6.2 absolute Herefordshire Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware but we give no warranty or guarantee in that regard and all users take responsibility for their own security, that of their personal details and their computers.
6.3 absolute Herefordshire Ltd accepts no liability for any disruption or non-availability of the Website.
6.4 absolute Herefordshire Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless expressly stated otherwise.
7 Limitation of liability
7.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
7.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
7.3 To the maximum extent permitted by law, absolute Herefordshire Ltd accepts no liability for any of the following:
7.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
7.3.2 loss or corruption of any data, database or software;
7.3.3 any special, indirect or consequential loss or damage.
8 General
8.1 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
8.2 These terms and conditions may be varied by us from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
8.3 These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
8.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
8.5 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
8.6 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
8.7 These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

9.Submission of Photographs
9.1 By submitting a photograph You grant absolute Herefordshire  licence to, publicly display, distribute, and create derivative works from your submitted materials
9.2 You acknowledge we may select or reject any material for publication at our sole discretion and no correspondence will be entered into.

10.1 Conditions of Advertising
10.1.1 These Conditions apply to any advertisement which you have asked us to publish on your behalf (the “Advertisement”) and by making such an offer (an “Order”) You agree to be bound by these conditions in that respect.
10.1.2 These Conditions override any terms stipulated by you on order forms or elsewhere unless we accept those terms in writing.  In this event these conditions will apply except to the extent that they are inconsistent with anything we have so agreed.
10.1.3 “We” and “Us” means, and “Our” refers to, absolute Herefordshire Ltd, which is the publisher of the magazine/website in which you have asked ss to publish your advertisement.
10.2 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 otherwise. 
10.2.2 absolute Herefordshire Ltd will notify you if we do not accept your Order.  Publication of the advertisement will mean we have accepted the order.
10.2.3 We are not obliged to accept your order or to publish any advertisement placed by you. We cannot guarantee insertion, special position, the date or the classification of any such advertisement, or the distribution of the magazine. 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. To the extent rejected, we will refund any pre-payment but will have no further liability.
10.2.4 We may carry forward an advertisement not inserted to the next suitable issue of the magazine.
10.2.5 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 will charge you the full price of your order in any event.

10.3 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:
10.3.1be legal, decent, honest and truthful;

      1. not result in a breach of any relevant code of practice, including other provisions of the Advertising Standards Code of Practice

10.3.3not breach any legislation;
10.3.4not be defamatory;
10.3.5 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 by implication) in the advertisement.
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;

      1. not to be in breach of contract in relation to the order/advertisement;

10.3.7 that we may store, reproduce and distribute copy relating to any aqdvertisement, including by electronic means;
10.3.8 that We may record and use your details to perform our obligations under these conditions and publish your advertisement (including by passing them to any other of our publications as reasonably necessary to do so;
10.3.9 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.
10.3.10 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 whatever 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.
10.3.11 that you acknowledge that we shall have no liability for any variation of up to 10% in the final published size of any advertisement.
10.4 Cancellation We are not obliged to accept a cancellation request.  All magazine cancellations must be made within 48 hours prior to the deadline date. 
10.5 Artwork
10.5.1 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.
10.5.2 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.
10.6 Errors, omissions or inaccuracies in Advertisements
10.6.1 We will not be liable for:
10.6.2any 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;
10.6.3 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;
10.6.4 any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in a second or subsequent advertisement in a series;
10.6.5 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.
10.6.6 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 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.
10.7 Payment
10.7.1 Except where we state otherwise, all prices are exclusive of VAT.
10.7.2 Credit terms are that payment is due twenty-eight days from the date of invoice, unless we and you reach any other formal agreement
10.7.3 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.
10.7.4 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.

11 absolute Herefordshire ltd details
11.1 absolute Herefordshire Ltd operates the website www.absoluteherefordshire.co.uk. absolute Herefordshire Ltd is a  company registered in England and Wales under company registration number 07264272 and with its registered office at c/o R J Francis & Co, Franklin House, Commercial Road, Hereford, HR1 2AZ. The registered VAT number is 132 2098 45. You can contact absolute Herefordshire Ltd by email on enquiries@absoluteherefordshire.co.uk.