UNIQUELY MAGAZINES

 

TERMS AND CONDITIONS

 

 

  1. Basis of Contract

In these Conditions the “Advertiser” shall mean either an advertising agency where an advertising agency is used or any person, partnership or company and/or its agent placing orders for an insertion of an advertisement in the publication provided or commissioned by

The placing of an Order will be subject to these Conditions to the exclusion of all other terms and conditions  (including any terms and conditions which the Advertiser purports to apply to any quotation),   Order acknowledgement or any other document issued by the Advertiser.

 

  1. Acceptance of the Advertisement and Booking Orders

2.1   Advertisements are accepted subject to the following conditions:

2.1.1 illustrations and other material provided by the Advertiser being in accordance with the standards and guidelines of UNIQUELY MAGAZINES;

2.1.2 illustrations and other material provided by the Advertiser being in accordance with standards and guidelines of UNIQUELY MAGAZINES and AMS Editorial Services Ltd publishing and advertising directors;

2.1.3 space being available in the publication; and

2.1.4 subject to the status of the Advertiser itself.

2.2   Advertisements must not contain any reference to Uniquely Magazines, AMS Editorial Services or any of their associated companies, products, brands or logos which is, in the sole opinion of Uniquely Magazines, likely to imply that UNIQUELY MAGAZINES or AMS Editorial Services are sponsoring, endorsing or in any way connected with the Advertiser or the proprietors of other material contained in the advertisement.

2.3     UNIQUELY MAGAZINES reserves the right to refuse advertisements that in the sole opinion of UNIQUELY MAGAZINES are similar in any way to the editorial style of any UNIQUELY MAGAZINES produced or UNIQUELY MAGAZINES licensed publication.

2.4     UNIQUELY MAGAZINES has at its absolute discretion the right to omit, suspend or change the position of any advertisement accepted for insertion and the right to make any alteration it considers necessary or desirable in an advertisement, including repeating the most appropriate copy if necessary, or to require copy to be amended to meet its approval.

2.5     Any bookings made verbally by the Advertiser shall be conditional upon and subject to acceptance by the UNIQUELY MAGAZINES pursuant to the conditions set out in this Agreement.

2.6  UNIQUELY MAGAZINES accepts all advertising artwork and material (including photography and logos) for use in the design of artwork in the good faith that the Advertiser owns full copyright to its use

2.7 UNIQUELY MAGAZINES accepts all advertising artwork and material for use in the design of artwork in the good faith that where necessary the Advertiser has ensured UNIQUELY MAGAZINES has full permission to use the artwork and material (including photography and logos) for use in the design of artwork within its publications

3         Content of Advertisements and Advertiser’s Warranties

3.1   The Advertiser warrants it has the full power and authority to enter into and perform the terms of these Conditions and has not entered into any arrangement which in any way conflicts with these Conditions or inhibits restricts or impairs its ability to perform its obligations under these Conditions.

3.2  The Advertiser warrants that return of the UNIQUELY MAGAZINES confirmation form by email, post or fax will be taken as confirmation that The Advertiser wishes to place an advertisement with UNIQUELY MAGAZINES and that The Advertiser has read and is agreeing to these The Terms and Conditions.

3.2.1 The Advertiser warrants that any verbal agreement to advertise in a UNIQUELY MAGAZINES publication, any email agreement or any email conversation (including the supply of material) which could be deemed to confirm a decision to take space in a UNIQUELY MAGAZINES publication will constitute a contract to accept and pay for the said advertising space

3.3 The Advertiser warrants that the placing of an Order for the insertion of an advertisement in any UNIQUELY MAGAZINES publication will:

3.3.1  comply with the Trade Description act 1968 and 1972 (including any statutory re-enactment or modification thereof), The Financial Services Act 1986 and any other relevant legislation;

3.3.2   not contain any material that shall infringe any copyright, right of trademark, right of privacy, right of publicity or personality or any other right of any other nature of any person, or be obscene or libellous or blasphemous or defamatory, and that the advertisements do not incorporate any third party source material, or otherwise legally actionable under any civil or criminal laws in force in any legal jurisdiction or which might bring UNIQUELY MAGAZINES or AMS Editorial Services into disrepute;

3.3.3    be legal, decent honest and truthful so as to comply with the British Code of Advertising practice (for the time being in force) consumer protection legislation and other codes under the general supervision of the Advertising Standards Authority;

3.3.4   be no claims, demands, liens, encumbrances or rights of any kind in the advertisements resulting from any act or omission of the Advertiser, which can or will impair or interfere with the rights of UNIQUELY MAGAZINES, and that nothing contained in the advertisements, nor any use of it, will violate any right of any third party.

4         Payments

4.1     Payment for advertising is to be made in advance before the magazine in which the advertising is due to appear goes to print. Where an alternative agreement has been made, accounts shall be paid no later than 14 days following the invoice date (or subject to print deadlines where this is less than 14 days).

4.2     The existence of a query on any individual item in an account shall not affect the due date of payment of the balance of the account.

4.3     UNIQUELY MAGAZINES reserves the right to charge interest on any monies due which shall be in arrears and unpaid. Such interest will be calculated upon the amount owing at a rate equivalent to 4% per annum above the base rate of Lloyds TSB in the United Kingdom for the time being in force.

4.4     Payments must have cleared in the UNIQUELY MAGAZINES bank account by the agreed date before copy deadline for the issue in question.

4.5     Any queries or dispute relating to any invoice issued by UNIQUELY MAGAZINES must be raised by the Advertiser within two weeks of receipt otherwise the invoice will be deemed accepted.

4.6    Where the Advertiser has undertaken to supply material for the advertisement/insert and such material has been accepted by UNIQUELY MAGAZINES, we reserve the right to charge the full rate agreed for the advertisement/insert if such material fails to arrive at the agreed time, place or in suitable condition for insertion and in the case of advertisements to repeat the most appropriate copy. Copy must be supplied without application from UNIQUELY MAGAZINES.

4.7 Where UNIQUELY MAGAZINES has offered an Advertiser a free design service subject to receipt of all relevant material by a specific date, UNIQUELY MAGAZINES reserves the right to charge the Advertiser a design fee if the said material does not arrive in time.

4.8 Where material fails to appear before final production week of a specific issue UNIQUELY MAGAZINES reserves the right to charge the Advertiser the full cost of the space booked and to fill the space with alternative content.

4.9     UNIQUELY MAGAZINES has the right to request a credit search on the Advertiser (this will be a search on the Advertiser’s business whether the business be a company, sole trader or partnership) in order to determine whether to continue with the Advertiser’s Order.

4.10  Charges will be made to the Advertiser where the designers or printers are involved in extra production work owing to acts or defaults of the Advertiser.

 

 

  1. Liability and Indemnity

5.1     UNIQUELY MAGAZINES will not be liable for any loss or damage direct or consequential, occasioned by error in the insertion of or omission to insert any advertisement, or for late or early publication of an advertisement, and/or the magazine or failure to perform any other obligation whether occasioned by negligence, or otherwise save in cases occasioned by the direct negligent act of UNIQUELY MAGAZINES in which case compensation may be negotiated up to a maximum of the cost of the space booked and paid by the Advertiser.

5.2     The Advertiser shall indemnify UNIQUELY MAGAZINES against any claim, cost, loss, damage, and/or expense that UNIQUELY MAGAZINES may incur as a direct or indirect consequence of UNIQUELY MAGAZINES publishing the advertisement in accordance with the copy instructions supplied by the Advertiser. In any case where a claim is made against UNIQUELY MAGAZINES and where an Advertiser may ultimately be liable under the terms hereof, notice in writing shall be given to the Advertiser in order that consultation shall take place before any expense is incurred or the claim settled, defended or otherwise disposed of to the Advertiser’s detriment.

5.3     UNIQUELY MAGAZINES will not be liable for any damage or loss of any material supplied for the purposes of an advertisement caused by negligence or otherwise.

5.4     UNIQUELY MAGAZINES will not be liable for any loss or damage direct or consequential, occasioned by error in the positioning of or omission to publish any Advertisement or for late publication of an Advertisement or failure to perform any other obligation whether occasioned by negligence or otherwise.

5.5     UNIQUELY MAGAZINES will not accept any responsibility for loss of circulation or ineffectiveness of any advertisement owing to circumstances beyond its direct control.

5.6     Any matter of complaint arising out of the publication of an advertisement must be raised in writing with UNIQUELY MAGAZINES.

 

  1. Cancellation

6.1     All cancellations of Orders must be in writing in accordance with clause 8.5 below.  UNIQUELY MAGAZINES will not be bound by notice of stop orders, cancellations or transfers of advertisements received after the cancellation period.

6.2 The Advertiser has the right to cancel the Order (in writing in accordance with clause 8.5 below) and to receive a full refund up to seven days after payment has been made providing this occurs within a period that is up to 14 days before the print deadline of a specific magazine.

6.3 Where an “advertising and editorial package” has been ordered, the Advertiser has the right to cancel the Order (in writing in accordance with clause 8.5 below) and to receive 50% of the full payment after the first visit from either a journalist or a photographer.

6.4 Where an “ad package” has been ordered, the Advertiser has the right to cancel the Order (in writing in accordance with clause 8.5 below) and to receive 25% of the full payment after a subsequent visit from either a journalist or a photographer.

6.5 Where an “ad package” has been ordered, the Advertiser has the right to cancel the Order (in writing in accordance with clause 8.5 below) and to receive 10% of the full payment after design work on the editorial spread has been completed.

 

  1. Termination

7.1   UNIQUELY MAGAZINES shall have the right to terminate these Conditions upon the giving of written notice to the Advertiser in the event of any of the following events:

7.1.1 if the Advertiser commits any material breach of its obligations under these Conditions which, in the case of a breach capable of remedy, is not remedied within 10 days of service of a notice specifying the breach and requiring it to be remedied;

7.1.2  if the Advertiser holds any meeting with or proposes to enter into or has proposed to it any arrangement or composition with its creditors (including any voluntary arrangements as described in the Insolvency Act 1986); has a receiver, administrator, or other encumbrance take possession of or appointed over or has any distress, execution or other process levied or enforced (and not discharged within 7 days) upon the whole or substantially all of its assets; is unable to pay its debts as defined under Section 123 of the Insolvency Act 1986;

7.1.3   if the Advertiser undergoes a change of Control and for the purposes of this Clause 8.1.3 “Control” has the meaning specified in Section 416 of the Income and Corporation Taxes Act 1988.

7.2     Termination of these Conditions for whatever cause shall not cancel any indebtedness of the Advertiser to UNIQUELY MAGAZINES under these Conditions and shall be without prejudice to any rights of UNIQUELY MAGAZINES accrued before termination.

 

  1. General

8.1   These Conditions set out the entire agreement and understanding between the Advertiser and UNIQUELY MAGAZINES in connection with the sale of advertisements to UNIQUELY MAGAZINES and shall supersede and replace all documentation previously issued by the Advertiser purporting to set its terms and conditions of the sale of the advertisements.

8.2     If at any time one or more of the clauses of the Conditions is held to be or becomes void or otherwise unenforceable for any reason under applicable law, the same shall be deemed omitted from the Conditions and the validity and/or enforceability of the remaining provisions of the Conditions shall not be affected or impaired as a result of that omission

8.3     Neither party is appointed nor authorised to act as the legal agent of the other and, as expressly set out in these Conditions, neither shall make any commitments or representations on behalf of the other.  Neither party is the partner of the other and no partnership is created by these Conditions

8.4     UNIQUELY MAGAZINES shall be entitled to assign or license the whole or any part of its rights under these Conditions to AMS Editorial Services or any UNIQUELY MAGAZINES subsidiary or associate company and in such event all of the representations, warranties and undertakings on the part of the Advertiser contained in these Conditions shall inure for the benefit of the AMS Editorial Services or any UNIQUELY MAGAZINES subsidiary or associate company and, if AMS Editorial Services or any such UNIQUELY MAGAZINES subsidiary undertakes direct with the Advertiser to comply with the obligations of UNIQUELY MAGAZINES to the Advertiser (but not otherwise), then with effect from the date of such undertaking, UNIQUELY MAGAZINES shall have no further liability to the Advertiser.

8.5     Any notice given under these Conditions must be in writing and sent by registered post or sent by facsimile transmission to The Advertising Manager – Uniquely Magazines, 12 Upper King Street, Norwich, NR3 1HA. Notices shall be deemed received at the expiration of 3 business days if delivered by registered post or at 10 hours am local time of the recipient on the next business day following dispatch is sent by facsimile. To prove service of any notice it shall be sufficient to show in the case of a notice served by post that the same was duly addressed prepaid and posted in the manner set out above. In the case of a notice given by facsimile or email transmission, it shall be sufficient to show that it was dispatched in a legible and complete form to the correct telephone number without any error message provided that a confirmation copy of the transmission is sent to the recipient by post in the manner set out above. Failure to send a confirmation copy will invalidate the service of any facsimile transmission.

8.5.1   Advertisers must inform UNIQUELY MAGAZINES within 5 working days of any change in address of their place of business and / or a change of address in their advertising clients. Notice of such changes to be sent to: The Advertising Manager – Uniquely Magazines, 12 Upper King Street, Norwich, NR3 1HA.

8.6   The Advertiser may not set off any claims against any monies payable to UNIQUELY MAGAZINES under these Conditions unless agreed beforehand in writing with UNIQUELY MAGAZINES.

8.7   Any variation to these Conditions must be in writing and agreed by the parties.

8.8   The failure of either party to exercise or enforce any right conferred upon it by these Conditions shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter. No waiver of any term of the Conditions shall operate as a waiver of another or constitute a continuing waiver.

8.9   These Conditions and any dispute or claim arising out of or in connection with it shall be governed by and be construed in all respects in accordance with English law. All disputes or claims arising out of or relating to these Conditions shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit.

 

  1. EDITORIAL INVOLVEMENT

 

Uniquely Away enjoys collaborating with advertisers on some of its

editorial content but has to retain the integrity of its style.

 

Where a contributor agrees to take part in an editorial feature (either by interview or other means) it will be deemed that he or she agrees to the following terms and conditions:

 

9.1 All editorial content will be written by professional journalists who

either work for the magazine or have been commissioned by the editor.

 

9.2 The editorial content of the magazine may be written following a visit from a journalist, a telephone interview or occasionally from material supplied.

 

9.3 While display advertising is sent to the advertiser for final approval, editorial features are not sent out for copy approval. This is because it is not practical to send all proofs backwards and forwards between the production team and those featured – and because Uniquely Away needs to retain editorial control.

 

9.4 The position of editorial content in the magazine may be subject to change if the layout of the publication needs to be amended.

 

9.5 Where the magazine agrees to dedicate a certain amount of editorial space to an advertiser every attempt will be made to ensure this is adhered to. In some cases, however, the length of editorial coverage may vary subject to the design and layout of a particular page, feature or section of the magazine.

 

9.6 Where images are sent by an advertiser for inclusion in an editorial section of the magazine no guarantee is made that these will be used.

 

9.7 All images have to be of a high enough resolution (min 300dpi/1MB) and in a style suited to the magazine and the relevant feature or section.

 

9.8 The editorial team reserves all rights to make any editorial changes as

required.

 

UNIQUELY MAGAZINES WEBSITE TERMS AND CONDITIONS

 

These terms and conditions apply to all users of the UNIQUELY MAGAZINES WEBSITES. If You do not accept these terms then You should immediately stop using the UNIQUELY MAGAZINES WEBSITES. Your use of the UNIQUELY MAGAZINES WEBSITES confirms Your acceptance of these terms. We will not be liable to You for any interruption or delay that You experience in accessing the UNIQUELY MAGAZINES WEBSITES, whatever the cause.

 

No metatags, hyperlinks or other forms of linkage whatsoever to any other website may be imposed on the UNIQUELY MAGAZINES WEBSITES unless express prior permission has been given. Access to particular areas of the UNIQUELY MAGAZINES WEBSITES 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.

 

UNIQUELY MAGAZINES 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.

 

THE UNIQUELY MAGAZINES Websites are 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 the Website or reliance on its content.

 

VERSION DATE: August 2014

 

Variation of these Terms & Conditions

 

We reserve the right to make changes to any part of the UNIQUELY MAGAZINES WEBSITES. 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.

 

Definitions

 

“AMS EDITORIAL SERVICES LTD” trading as “UNIQUELY MAGAZINES” means UNIQUELY MAGAZINES, whose head office is at Uniquely Magazines, 12 Upper King Street, Norwich, NR3 1HA, and any subsidiary from time to time of AMS EDITORIAL SERVICES may 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, wap sites, mobile sites and apps (including their constituent pages) with their home pages published by UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES LTD; and any other website, wap site, mobile sites and apps or web address owned or operated by a member of AMS EDITORIAL SERVICES LTD 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.

 

Jurisdiction

 

Your use of the UNIQUELY MAGAZINES Websites, 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.

 

Content

 

All material on the UNIQUELY MAGAZINES websites 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 the UNIQUELY MAGAZINES WEBSITES 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 the the UNIQUELY MAGAZINES WEBSITES within a business or outside a business for business purposes; and/or

copying or extracting data from the UNIQUELY MAGAZINES WEBSITES 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 the UNIQUELY MAGAZINES WEBSITES is prohibited without an appropriate licence.

 

Please contact the NLA (www.nla.co.uk) or the Editor at UNIQUELY MAGAZINES, 12 Upper King Street, Norwich, NR3 1HA for further details.

 

Registration

 

Where any part of the UNIQUELY MAGAZINES WEBSITES 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 UNIQUELY MAGAZINES, You automatically grant UNIQUELY MAGAZINES 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 AMS EDITORIAL SERVICES LTD or UNIQUELY MAGAZINES 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.

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:

 

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 UNIQUELY MAGAZINES 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 UNIQUELY MAGAZINES WEBSITES 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 UNIQUELY MAGAZINES WEBSITES 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.

 

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 UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES LTD publishes.

 

“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.

 

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 UNIQUELY MAGAZINES Website will not contain hyperlinks or metatags linking to the advertiser’s own Website unless express prior permission has been granted by UNIQUELY MAGAZINES.

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

 

UNIQUELY MAGAZINES will not be bound by notice of stop orders, cancellations or transfers of advertisements received after the cancellation period.

The Advertiser has the right to cancel the Order (in writing) and to receive a full refund up to seven days after payment has been made.

Where an “ad package” has been ordered, the Advertiser has the right to cancel the Order (in writing) and to receive 50% of the full payment after the first visit from either a journalist or a photographer.

Where an “ad package” has been ordered, the Advertiser has the right to cancel the Order (in writing) and to receive 25% of the full payment after a subsequent visit from either a journalist or a photographer.

Where an “ad package” has been ordered, the Advertiser has the right to cancel the Order (in writing) and to receive 10% of the full payment after design work on the editorial spread has been completed.

 

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.

 

On publication of an “ad package,” however, copyright of the specified copy and 10 images will be passed to the Advertiser.

 

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.

 

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.

 

COMPETITIONS

 

  1. You must be a UK resident and over 18 to enter any UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES competition.
  2. Competition prizes are subject to availability and terms & conditions apply.
  3. The prize will not be transferable to another person and no part of a prize is exchangeable for cash or any other prize.
  4. Each competition may only be entered once by each entrant. Entrants suspected of submitting multiple entries may have all their entries rejected.
  5. Sending an e-mail is not proof that UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES has received an entry.
  6. No responsibility can be accepted for entries that are lost or delayed, or which are not received for any reason.
  7. The closing date is as specified in each competition, and UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES reserve the right to amend the competition end date at any time.
  8. Participants must include postal and email addresses, as well as daytime contact telephone numbers.
  9. Winners will be informed by post and e-mail.
  10. Results may be published on UNIQUELY MAGAZINES WEBSITES and/or in the magazine.
  11. UNIQUELY MAGAZINES and AMS EDITORIAL SERVICES reserve the right to report details of competition winners, to take photographs (or other visual media) and to publish such media.
  12. The prize must be taken as offered with no alternative. In the event that the prize cannot be supplied no liability will attach to UNIQUELY MAGAZINES.
  13. By entering the competition the winner agrees to participate in such promotional activity and material as UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES require.
  14. Dates for prizes to be taken may be subject to availability, especially for both for accommodation and dining.
  15. Prizes do NOT include travel, subsistence, food, drink and accommodation unless otherwise stated. Winners must make their own way safely and responsibly to and from the venue. Winners must provide their own travel, health or other insurances where necessary or advisable to do so.
  16. Prizes are non-transferable.
  17. While every effort is made to ensure prizes are consistent with those offered, UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES reserve the right to change prizes in the event of unforeseen circumstances.
  18. If any prize winner cannot take a prize for any reason, including by reason of inconvenient dates, ill health, inability to travel etc, then UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES may seek an alternative prize winner who is able to receive the prize in the manner offered and shall be under no obligation to change the prize or offer any alternative.

 

  1. When prizes are supplied by third parties UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES is acting as their agents and as such UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES exclude all liability for loss or damage suffered as a result of any competition.
  2. UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES reserves the right to take action (including any legal action it considers appropriate) against any person in breach of any term or condition of any competition.
  3. UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES’s decision is final and no correspondence will be entered into.
  4. UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES reserve the right to amend any competition’s rules at any time. Any such changes may be posted on this website or otherwise notified to entrants.
  5. It is the responsibility of entrants to check thoroughly the terms and conditions that apply to each competition.
  6. Entry into any competition does not give rise to any binding agreement between the parties.
  7. Employees of UNIQUELY MAGAZINES, AMS EDITORIAL SERVICES and the prize provider and their immediate families and agents may not enter.

 

Premium Rate Competitions

 

The following terms and conditions will govern the competitions using Premium Rate SMS and are in addition to the all other websites terms and conditions and any specific conditions stipulated on the competition page of the website or newspaper.

 

Competitions are open to UK residents only.

 

UNIQUELY MAGAZINES (or the relevant distributor or operator of the mobile service) will always notify You of the charges for entering a premium rate competition. For example, when entering a competition, the newspaper or website on which the competition was featured will inform You of the price for entry. Please note that Your network operator may also charge an additional standard messaging fee for any SMS sent or received by You. You should consult Your network operator for further details of these standard costs.

 

Charges for entering a competition will be deducted from Your available credit time if You are a pre-pay customer or will appear on Your monthly statement if You are a pay monthly customer.

 

Entries received the closing date of the competition will be invalid and will not be entered into the competition but may still be charged.

 

You must obtain the permission of the person paying the bill for the relevant mobile device.

 

There is no email or postal entry for premium rate competitions.

 

Entries on behalf of another person are void and will not be counted but may still be charged.

 

You must comply with any directions given to you by Us but not limited to any and all relevant laws, rules and regulations, and where applicable, compliance with the Ofcom Broadcasting Code and PhonePayPlus Code of Practice.

 

You will be deemed to have accepted all Terms and Conditions and to agree to be bound by them by entering a competition.

 

By entering the Competition You agree that UNIQUELY MAGAZINES may contact You by email, post or SMS with offers that may be of interest. You will not be charged for receiving these messages and You may opt out anytime by texting STOP to the originating number.

 

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.

 

Intellectual Property

 

The Website and/or the services contain content owned by UNIQUELY MAGAZINES or AMS EDITORIAL SERVICES LTD.

 

The Content is protected by copyright, trademark, patent, trade secret and other laws.

 

UNIQUELY MAGAZINES owns and retains all rights in the Content and the Website and the Services. UNIQUELY MAGAZINES 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 UNIQUELY MAGAZINES 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.

 

Data Protection and Privacy Policy

 

Our privacy policy

 

UNIQUELY MAGAZINES is committed to respecting Your privacy. This statement sets out how UNIQUELY MAGAZINES 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 UNIQUELY MAGAZINES Websites other than those operated by UNIQUELY MAGAZINES 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.

 

Registering via a social network

 

If You choose to register via a social network on our registration page (“Social Network Registration”), You acknowledge and consent for Your data held by the Social Network site (subject to the social network’s terms and conditions) to be processed and shared via a third party whom may be based outside of the European Economic Area and for such data to be processed by Us. The only data obtained during the Social Network Registration is Your name and email address.

 

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 UNIQUELY MAGAZINES WEBSITES. 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 AMS EDITORIAL SERVICES LTD or UNIQUELY MAGAZINES.

 

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 Data Protection, UNIQUELY MAGAZINES, Ferndale Centre, 1 Exeter Street, Norwich, NR2 4QB. 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 UNIQUELY MAGAZINES, 12 Upper King Street, Norwich, NR3 1HA.

 

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.

 

Additional Services

 

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.

 

Sales and Services

 

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 UNIQUELY MAGAZINES 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, UNIQUELY MAGAZINES 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.

 

Indemnity

 

You agree to indemnify and hold UNIQUELY MAGAZINES, 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.