TERMS & CONDITIONS
Published: 12 January, 2009
JLD MEDIA WEBSITE TERMS & CONDITIONS
Updated as at 1st January 2012
1.1 The terms and conditions (the "Terms") set out below will govern your use of this website (the "Site"). The Site is owned and operated by JLD Media Ltd, a company registered in England and Wales (whose company number is 6756291), at registered address Goat Mill Road, Dowlais, Merthyr Tydfil CF48 3TD ("JLD", "Us", "We" or "Our"). The Site and the Information (as described below) are designed to be compliant with applicable UK laws, rules and regulations. Although users outside of the UK may have access to the Site, the information contained on the Site is intended only for use by residents of the UK. JLD specifically reserves all rights to limit provision of Our products and services to select persons, countries or geographic regions.
1.2 Please read these Terms carefully. By continuing to access and use the Site you are deemed to have understood and agreed to them. If you do not agree to them you must refrain from using this Site and any services available through it.
2.1 This Site contains information, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks and information about William Reed and its partners and on the products and services it and they provide (the "Information").
2.2 The Site, Information and Content (as described below) is provided "as is" and on an "as available" basis only and JLD does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any of the Content or Information. JLD has tried to ensure that all the Information provided on the Site is correct at the time of publication. However no responsibility is accepted by or on behalf of JLD for any errors, omissions, or inaccurate Information or Content on the Site. Further, JLD does not warrant that the Site will be uninterrupted or error free or that any defects will be corrected.
2.3 JLD accepts no liability for the results of any action taken on the basis of the Information or Content and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. We do not attempt to exclude any rights you may otherwise have as a consumer that We cannot exclude as a matter of law.
2.4 When you purchase a Product or Subscription (as described below), JLD’s liability in contract, tort or otherwise arising out of or in connection with the performance or observance of its obligations to supply any Product or Subscription under these Terms shall be limited to the amount of the price paid by you to Us in respect of the Product or Subscription in question.
2.5 Without prejudice to clause 2.4, save in respect of death or personal injury resulting from our negligence or fraud, neither JLD nor any of its directors, employees or other representatives will be liable for any loss you suffer including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Site.
2.6 You accept that after you leave this Site (whether knowingly or not) JLD can no longer be responsible in any way for any material that you encounter and We exclude to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.
2.7 You indemnify and hold JLD and any of its officers, employees or agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Site, any provision or use of your Content and/or any breach of these Terms.
3.2 You are solely responsible for all use of and for protecting the confidentiality of your email verification and password. You must not share this information with any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding Our Site that comes to your attention. Additionally, you indemnify Us against any unauthorised use of your User details, including use by a third party where you have allowed or facilitated access.
3.3 You undertake to register as a User using accurate, complete and current information and to maintain and update any changes to that information.
3.4 You acknowledge that permission to become a User is granted at the sole discretion of JLD and such permission may be withdrawn at any time without notice.
4.1 Websites or web pages to which this Site is linked are for information purposes and have not been reviewed by JLD. To the extent that such websites or web pages do not contain information about JLD, our Products and services, we accept no responsibility for the content of such Sites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which this Site is linked.
4.2 When you access a website, through a link from the Site, you accept that it is independent from the Site and that JLD has no control over the content of the linked third party website. Accordingly a link to a website does not mean that JLD endorses or accepts any duty or responsibility for the content, accuracy or the use of the contents of such website. Although JLD strives to link to third party websites which comply with applicable laws, rules and regulations, the content on these websites may change without notice to JLD. You should take precautions to insure protection of your privacy as well as to insure against Destructive Features (as described below).
4.3 You may not frame, link or deep-link this Site except for the home page to any other website without our prior written consent. Should you wish to frame or to set up a link / deep-link to our Site please contact email@example.com.
5. Computer Viruses, Worms and Trojan Horses
5.1 Whilst we use reasonable endeavours to protect this Site (including Information and downloads) from computer viruses, worms, Trojan Horses and other such destructive features (the "Destructive Features"), we do not warrant that the Site is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Site or via any files which are available for you to download from the Site. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
5.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site or any service made available through it and that it is compatible with the Site. We make no warranty that the Information is compatible with all computer systems and browsers.
6. Intellectual Property Rights and Reproduction
6.1 Except as is otherwise indicated on the Site, JLD and/or its licensors own the copyright in all the Information featured on this Site and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trade marks, service marks and logos. You should not infer any affiliation, sponsorship or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their owners. Nothing in this Site is intended to grant, by implication or otherwise, any licence or right under any patent, trademark or other intellectual property owned by William Reed or any licensor or third party.
6.2 You are permitted to download, print, store temporarily, retrieve and display Information from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal use or for internal use within your organisation.
6.3 You are not permitted (except where we have given you express permission to do so or you are otherwise permitted to do so by law) to adapt, modify, copy, reproduce, distribute, republish, disassemble, decompile, reverse engineer, create derivative works from, download, post, broadcast, transmit or re-transmit in any other way any of the Information on the Site.
7. Participating in online communities
7.1 If applicable, Users of this Site may post CVs, job searches, comments and other content, questions, or other information ("Content") onto the Site, as long as the Content is not illegal, obscene, pornographic, abusive, threatening, defamatory, false, unreliable, misleading, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" and does not bring the Site or JLD into disrepute. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. We reserve the right (but not the obligation) to remove or edit any Content.
7.2 If you do post Content on this Site, you grant the following rights to the following persons unless and until you remove your Content from this Site or notify Us of the revocation of this licence:
(a) to JLD:
(i) a limited, non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Content throughout the world in connection with the Site; and
(ii) the right to use the name that you submit in connection with such Content unless you notify Us otherwise;
(b) to each user of this Site, a non-exclusive licence to access your Content through this Site, and to use, reproduce, distribute and display such Content as permitted under these Terms.
7.3 After posting your Content to this Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. The licence does not grant Us the right to sell your Content, nor does the licence grant Us the right to distribute your Content outside of the Site.
7.4 You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that, as at the date that the Content is submitted to JLD: (i) the Content is accurate; (ii) use of the Content you supply does not breach any applicable JLD policies or guidelines and will not cause injury to any person or entity (including that the Content is not defamatory). You agree to indemnify JLD for all claims brought by a third party against JLD arising out of or in connection with a breach of any of these warranties.
7.5 You are solely responsible for the Content that you post on or through the Site. JLD does not endorse and has no control over the Content. Content is not necessarily reviewed by Us prior to posting and does not necessarily reflect the opinions or policies of JLD.
8. Your Further Use of This Site
You further agree not to use any Information on the Site except to the extent necessary to enable you to use the Site and the services provided through it. You shall not use the Site for any immoral or illegal purpose. In particular you agree that you will not:
> upload any files that contain any Destructive Features; or
> in any way damage, disable or impair the operation of the Site, or attempt to gain unauthorised access to the Site or to network connected to it, by hacking, spoofing or other such similar means.
9. Orders and subscriptions
9.1 If applicable, when you complete an order form on this Site to order any product ("Product") or to subscribe to this Site or magazine or other regular publication ("Subscription") and submit the order to Us using the 'Submit' button We will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to Us to purchase the Product or to enter into the Subscription as the case may be which is accepted only when We send an e-mail confirming that the Product has been dispatched to you or specifying the web site where the Product is located ("Download Area") or that the Subscription has been accepted ("Order Acceptance"). There will be no contract for the supply of a Product or Subscription unless and until JLD has issued an Order Acceptance for that Product or Subscription.
9.2 You must ensure that you have completed any order form correctly. JLD does not accept any responsibility for the consequences of any errors in completion.
9.3 Each purchase of a Product or Subscription will be a separate transaction even if there is more than one Product or Subscription ordered at the same time.
9.4 Your credit or debit card ("Account") will be debited with the cost of the Product or Subscription when We send you the Order Acceptance unless We notify you otherwise.
9.5 If, for any reason, your order is not accepted, you will receive e-mail notification telling you of this and your order will be cancelled. In circumstances where your order is cancelled We will not debit any money from your Account.
9.6 At any time when a Product referred to in the Order Acceptance is in the Download Area you may access that Product in the Download Area.
9.7 You will be responsible for the provision of the necessary software and equipment to enable you to access any Product(s) in the Download Area.
9.8 A Product is only available to you in the Download Area for thirty (30) days after the issue of Our Order Acceptance. It is your responsibility to access the Product in the Download Area within the time limit and if you fail to do so for any reason you will not be entitled to any refund of the payment you have made for the Product.
9.9 JLD warrants that any Product shall a) conform to the description of the Product advertised on the Site; b) not infringe the intellectual property rights of any third party; and c) comply with all relevant legislation.
9.10 No representation or warranty is given that the information contained in any Product purchased from Us is accurate, complete or current.
9.11 We shall not be responsible for your use of the Product. You shall be responsible for complying with any applicable data protection, copyright and other legislation and regulations.
9.12 Any Product supplied by JLD is for your use only and may be used only for the personal or, as the case may be, internal operational purposes of the purchasing business. It may not be used for any other commercial purpose whatsoever, nor may it be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed or transferred. No derivative works may be created from it nor may any information obtained from it be sold.
9.13 You may cancel the purchase of a Product within seven working days of the day after the date the item is delivered to you. However, you accept that this right to cancel does not apply to digital items (e.g.: Reports) where the Product is sent to a Download Area or where you purchase a Subscription to access the Site since We will begin providing these services to you immediately. To cancel your purchase of a Product under this clause you should notify Us in writing within the seven working day period. You should then package the Product securely and send it to Us with a note confirming the contract cancellation. You are responsible for the costs of returning the Product to Us unless We delivered the item to you in error or the item is faulty. The return address is Order Cancellations, JLD Media at the address in Clause 1.1. Where you are cancelling the purchase of a Product We will refund the relevant part of the purchase price for that Product.
9.14 You may cancel a Subscription to a publication at any time during the subscription period by written notice to the Subscription Department at the address in Clause 1.1. You will be refunded the cost of the issues not yet issued to you at the time We receive notice of your wish to cancel.
9.15 If use of this Site requires payment of a subscription, subscription refunds are only available if a claim for a refund is made within four weeks of subscribing or renewing a subscription. In any other circumstances refunds for a subscription will be entirely at the discretion of JLD. Claims for refunds must be made in writing to the New Media Department at the address in Clause 1.1. Refunds for subscriptions will be subject to an administration charge of £10.
9.16 Prices displayed on the subscriptions section of the Site will prevail at all times in relation to orders placed on-line. Prices quoted on screen include delivery charges and taxes (where applicable).
10. Free Prize Draws and Competitions
10.1 If you are invited on this Site to enter any prize draw or competition, entry is subject to these Terms which must be read in conjunction with any additional terms set out with details of the promotion featuring the prize draw or competition ("Promotion") and which will be deemed to be incorporated into these Terms. In the event of any conflict between these Terms and the terms and conditions set out with the promotion then the latter shall prevail.
10.2 The promoter is JLD.
10.3 Entry to a Promotion is open to UK residents aged 18 or over. Employees (and their families) of JLD, and its subsidiaries, their agents and anybody professionally connected with the creation or administration of the Promotion are not eligible for entry.
10.4 To be entered into the Promotion you must comply in full with the entry requirements set out with the details for Promotion and provide a valid e-mail address for Us to notify you if you win.
10.5 Only one entry per person is permitted and anybody found to have submitted more than one entry will be disqualified.
10.6 The prize(s) is/are set out with the details of the Promotion. The first name drawn, at random in the case of a prize draw and from all those submitting winning entries in a competition, will receive the first prize, the second name drawn the second prize, if any, and so on until all of the prizes have been allocated.
10.7 The closing date is given with the details of the Promotion. Only entries received by that date will be entered into the draw. JLD will not be responsible for delays in entries reaching Us caused by interruption to internet connections, postal delays or for any other reason whatsoever.
10.8 Names will be drawn on the date given with the Promotion. The winners will be notified by e-mail within seven (7) days of the draw.
10.9 The winners' names will be displayed on this Site for fourteen (14) days after the date of the draw.
10.10 The decision of JLD's Managing Director in all matters under JLD's control will be final and binding. No correspondence regarding the results of the draw will be entered into.
10.11 We reserve the right to terminate or suspend a Promotion at any time.
10.12 We reserve the right to publish the prize winners’ names and/or picture for future publicity and promotions.
12. Complaints or Queries
In the event that you have any complaints or queries concerning our services, Subscriptions, Products, or about this Site generally, please contact us by email at firstname.lastname@example.org or by post at Tim Langford, Managing Director, JLD Media, Goat Mill Road, Dowlais, Merthyr Tydfil CF48 3TD.
13. Changes to the Terms
JLD reserves the right, at its discretion, to make changes to any part of this Site, the Information or these Terms. Should these Terms be amended, we will publish details of the amendments on the Site. It is your responsibility to refer to and comply with these Terms on accessing this Site. Failure to comply may lead to action being taken against you By continuing to use the Site after we have published the notification you agree to be bound by these Terms as amended.
If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
15. Events beyond our control
JLD will not be responsible for any breach of these Terms (including in relation to supplying any Product or Subscription) caused by circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism or technical difficulties.
16. File Download
Certain files of Information may be available for download from the Site. These files of Information are subject to these Terms.
17. Entire Agreement
Except for in the case of fraud, these Terms constitute the entire agreement between you and JLD in relation to the subject matter.
18. Governing law
These Terms are subject to English law and to the exclusive jurisdiction of the English courts.