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| Our user terms and conditions ybw.com
Web Site User Terms 1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future. 1.4 The goods and services (‘Merchandise’) which may be purchased by you from companies or individuals other than IPC (‘Merchants’) via third party and/or third party web sites linked to this Web Site are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not IPC) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or from the Merchant via the Merchant's web site or otherwise is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that IPC shall have no responsibility, obligations or liability in relation to the Merchandise. 1.5 You further acknowledge that IPC is not responsible or liable directly or indirectly for any change or loss whatsoever and howsoever arising or resulting from your use of or reliance on any consent, material or goods or services available through, on or from any Merchant or Merchant’s web sites. It is important that you check the privacy policy, terms and conditions of use and content of any website and/or Merchant’s information accessible to you from ybw.com. 1.6 If you register for any prize competitions, promotions or other giveaways on the Web Site separate Terms and Conditions which are located on the Web Site, shall also apply in addition to the remainder of these User Terms. If you register for any Forums separate Forum Rules which are located on the web site shall also apply in addition to these User Terms.
2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the IPC Material for your own personal, non-commercial use provided that you do not:
3.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via chat services, feedback, bulletin boards or articles or any other material submitted for publication on the Web Site or in using any of the Web Site Services (‘User Generated Content’) may be retained as the property of IPC. IPC shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
4.2 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
5.2 IPC makes no representation or warranty that the Web Site or services offered via the Web Site [(i.e. bulletin boards, chat (except any Merchandise made available by Merchants via links to this Web Site, which are subject to the separate Merchant terms and conditions as mentioned in Clause 1.4)) ('Web Site Services') will be accessible, or useable by you or error free. 5.3 IPC takes no liability for any failure or interruption of the Web Site or any inability to access or use the Web Site or any features, products or services on the Web Site. 5.4 IPC reserves the right, without notice to you, to remove any IPC Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. IPC will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. When possible notice will be posted on the Web Site's Web Site News and Feedback forum.
6.2 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password. You take full responsibility for all information and instructions transmitted through the Web Site using your user name and/ or password. All such information will be considered sent and authorised by you. 6.3 You agree that you will not use the Web Site or any of the Web Site Services as follows:
6.4 You agree to indemnify IPC against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1, 6.2 and 6.3, further in these circumstances, IPC shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by IPC forthwith, without notice to you.
7.2 For the purposes of the Act, you further agree that IPC or an IPC Contractor involved in the provision of the Web Site Services, may send your personal data outside of the European Economic Area for processing. 7.3 You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to IPC in accordance with Clause 9.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services. For more information about the purposes for which IPC may use your personal information and your rights under the Act, please read IPC’s privacy policy displayed on this Web Site.
8.2 To the extent that IPC is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, IPC's entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months. 8.3 IPC shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for:
8.4 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. 8.5 The Web Site may contain links to third party web sites which are controlled and operated by parties other than IPC. The links will let you leave the Web Site and IPC is not responsible for any contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by IPC of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
9.2 IPC may send you notice by general notice on this Web Site, by email to your email address on record with IPC, or by post to the geographical address on record with IPC. Such notice will be effective if sent by email or posted on the Web Site, one day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective three days after posting by IPC.
10.2 All Entrants must register for the relevant Competition by giving their correct name and address in the United Kingdom, together with their email address. By registering for the relevant competition, you acknowledge that you have read and agree to the provisions contained in Clause 7 regarding consent to use your personal information. 10.3 All Competitions shall be subject to terms and conditions as displayed on the Web Site in relation to each Competition.
11.2 These User Terms form the entire agreement between you and IPC and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services. 11.3 IPC reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. IPC will provide as much notice as possible prior to making any changes to the User Terms on the Web Site, but prior notice may not always be feasible for a variety of reasons. Your continued use of the Web Site or the Web Site Services following IPC's posting of such changes will be regarded by IPC as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future. 11.4 Nothing in these User Terms affects your statutory rights as a consumer. 11.5 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. 11.6 You acknowledge that IPC has entered into these User Terms for its own benefit and for the benefit of each IPC Group Company (as defined in Clause 11.1 above) and these User Terms are intended to be enforceable by each IPC Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999. 11.7 Subject to Clause 11.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 11.8 If IPC or any IPC Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of IPC or the IPC Contractors, neither IPC nor any IPC Contractor will have any liability for that failure to perform. 11.9 Your use of the Internet is solely at your risk and subject to all applicable laws, and IPC has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet. 11.10 Unless otherwise specified on this Web Site, the IPC Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. IPC makes no representation that any IPC Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable. 11.11 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.
STANDARD CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS (“Conditions”)
1.2 “the Publisher” means IPC Media Limited, publisher of the periodical (including any supplement which is published, whether regularly or occasionally, as part of, or in association with, the periodical) or as the case may be the website (including any microsite which is published, whether regularly or occasionally, as part of, or in association with, the website) in or with which the Advertisement is to appear or has appeared; 1.3 “the Rate Card” means the Publisher’s Rate Card in effect for the time being and may include, among other matters, its scale of Advertisement rates, technical specifications, copy and cancellation deadlines, setting styles and standard conditions; 1.4 “an Advertisement” means matters to be printed on the page or separately inserted or as the case may be inserted on the website (including interstitials, banner advertisements and microsites).
2.1.2 the advertising copy submitted to the Publisher and/or the reproduction and/or publication of the Advertisement by the Publisher as originally submitted or as an amendment pursuant to Condition 4 shall:
2.2 In respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any copy by which any living person is or can be identified the Advertiser has obtained the authority of such living person to make such use of such name, representation and/or copy as made in the said Advertisement. 2.3 In relation to any Investment Advertisement, the Advertiser is, or its contents have been approved by, an authorised person within the meaning of the Financial Services Act 1986 or the Advertisement is otherwise permitted under that Act.
4.1 The Publisher may, without derogation from the warranties contained in Condition 2, refuse or require to be amended any artwork, materials and copy for or relating to an Advertisement so as: 4.1.1 to comply with the legal and moral obligations placed on the Publisher or Advertiser; and 4.1.2 to avoid infringing a third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority or the production and quality specification stipulated or referred to in the Rate Card. 4.2 The Publisher has the right at its discretion to decline to publish, or to omit, suspend or change the position of, any Advertisement otherwise accepted for insertion. However the Publisher will use reasonable efforts to comply with the wishes of the Advertiser although it does not warrant the date of insertion, the wording or the quality of the colour or mono reproduction of the Advertisement.
4.4 If the Publisher considers it necessary to modify the space or alter the date or position of any Advertisement or insert or to make any other alteration, the Advertiser shall have the right to cancel if the alterations requested are unacceptable unless such changes are due to any emergency or circumstances beyond the Publisher’s control. Every care is taken to avoid mistakes but the Publisher cannot accept liability for any errors due to third party, sub-contractors or inaccurate copy instructions.
5.1 Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net i.e not subject to an early settlement discount (“the Payment Date”). If payment is not received by the Payment Date the Publisher reserves the right to make a surcharge at the rate of 3% per month for the period outstanding. Further and in addition should any monies become outstanding (“the Balance”) then all invoices raised whether at the Payment Date or subsequently by the Publisher in respect of all accounts held by the Advertiser (“the Entire Sums”) shall immediately become due and payable to the Publisher without formal demand. Any indulgence or delay on the part of the Publisher to claim payment of the Balance of the Entire Sums shall not be construed as a waiver on the part of the Publisher. The Publisher reserves the right to impose a surcharge at the rate of 3% per month on the Entire Sums commencing with the Payment Date. 5.2 Advertisement 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 or the next booking in the case of internet advertisements, and in the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue to order at the revised advertisement rate. 5.3 If the Advertiser cancels the balance of a contract except in the circumstances stated in Conditions 4.4 and 5.2 all unearned volume discount will be surcharged and immediately payable. The Publisher reserves the right to surcharge in the event of a series of insertions not being completed within the contractual period. 5.4 Advertising agencies not recognised by the Publisher and Advertisers placing business direct and who do not have a trading history with the Publisher must ensure that the account is pre-paid two weeks prior to the final copy date for each Advertisement. 5.5 The Publisher will be prepared to provide account facilities to an Advertising agency not recognised by the Publisher or direct Advertiser once he has pre-paid and demonstrated a good payment record. Any credit will only be granted after obtaining a satisfactory credit reference agency clearance and individuals hereby consent to the Publisher making appropriate searches. 5.6 Where the Advertiser has undertaken to supply inserts or creatives which have been accepted and approved by the Publisher the Publisher reserves the right to charge the full rate agreed for insertion if they fail to arrive at the agreed time, place or in a suitable condition for insertion. 5.7 Advertising agencies recognised by the Publisher will be allowed by the Publisher up to 15% commission on quoted rates as appropriate provided payment is made by the due date and all other requirements are strictly complied with. 5.8 Charges will be made to the Advertiser or his agent where the printers or service providers are invoiced for extra production work. These charges will be at the current scale agreed between the Publisher and his process house. 5.9 The Publisher reserves the right to impose a 1% surcharge on all mail order Advertising and to request completion of the Advertisers undertaking.
6.1 It is the responsibility of the Advertiser to check the correctness of the Advertisement (and of each insertion of the Advertisement if more than one) without prejudice to Condition 2.4. The Publisher assumes no responsibility for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error is brought to the attention of the Advertiser.
6.3 There is no obligation on the Publisher to supply voucher copies or tear sheets or where appropriate a website log file and their absence shall not affect the Advertisers liability for the agreed charge. 6.4 While all reasonable endeavours will be made as soon as possible after receipt by the Publisher of any replies to forward those replies to the Advertiser or as it may direct to Box numbers or email addresses, the Publisher accepts no responsibility in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies. 6.5 The Publisher will not be liable for any loss of copy, artwork, photographs, banner advertisements, interstitials or microsites, images, sound files and animations or other materials which the Advertiser warrants that it has retained in sufficient quality and quantity for whatever purpose.
6.7 IPC reserve the right to amend any files supplied which do not conform to current Pass4Press PDF standards. Any changes to the visual look of the file which result from these amendments are not the responsibility of IPC. If you require any amendments made to be supplied back to you for re-proofing then you must formally request this via email. A charge will be incurred for this service and be advised to you at the time of request.
7.5 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. 7.6 Copy matter provided for journals printed by litho and photogravure or for websites must conform to the Publisher’s requirements and any additional work involved may be charged for.
7.8 The Publisher may where necessary stipulate special charges and conditions for split runs or other special requirements. 7.9 Where the Publisher provides a reader enquiry service for the benefit of its readers, it shall not be contractually bound to pass such enquiries to the Advertiser. 7.10 The Publisher and the Advertiser warrant that they will duly observe all their obligations under the Data Protection Act 1998 (as applicable) which may arise in connection with this Agreement.
8.1 If any provision of the Conditions is declared by any judicial or other competent authority to be void, illegal or otherwise unenforceable the Publisher has the right to amend that provision in such reasonable manner as to achieve the intention of the parties or at the discretion of the Publisher, it may be severed from the agreement between the Publisher and the Advertiser and in any event the remaining provisions of these Conditions shall remain in full force and effect unless the Publisher at the Publisher’s discretion decides that the effect of such declaration will defeat the original intention of the parties in which event the Publisher shall be entitled to terminate the Agreement between the Publisher and the Advertiser by 10 days’ notice to the Advertiser.
9.1 The contract which incorporates these Conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English Courts.
©
IPC Country & Leisure Ltd.
2009
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