Terms and Conditions
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.
"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 in any format which We publish.
"You" means, and "Your" refers to, the person placing the Order with Us and where that person is an advertising or other agency (the "Agency") placing the Advertisement on behalf of their client that Agency agrees that it has placed the Order as principal.
"Company" and "Companies" means Iliffe Media Limited, Barn Close, Burnt Hill, Yattendon, Thatcham, Berkshire, RG18 0UX or any other company owned by Iliffe Media Limited.
"User" means any User of one or more Titles.
"Websites" means any website or mobile site (including their constituent pages) with their home pages published by the Company; and any other website, mobile site or web address owned or operated by the Company on which an Advertisement is to appear.
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 these Conditions. If You deliver copy instructions to Us, We may treat this as an Order unless it is clearly marked as "not constituting an Order". Publication of the Advertisement will mean We have accepted the Order.
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;
- be accurate and complete;
- not result in a breach of any relevant rules and regulations, including the 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; and
- when appearing on any Website:
- will not, and will not attempt to, capture data or benefit from or retarget Users using other websites, publications or products by any technological means, unless the Company has given its prior written permission to such activities and then only in accordance with the scope of that permission; and
- will not contain any virus or malware.
Where We believe that an Advertisement is in contravention of any of these Conditions We reserve the right, to suspend or terminate the Advertisement, but do not assume the obligation to so. Where We remove an Advertisement under this condition no refund will be given.
- 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 is 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 Companies and/or sub-contractors as reasonably necessary to do so);
- that We may use Your details to contact You for feedback relating to Your Advertisement and/or the Title in which You advertised.
- 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.
We are not obliged to accept a cancellation request (which We may require to be made in writing).
All magazine cancellations must be made in writing at least one calendar month prior to the publication date.
All annual publication cancellations must be made in writing one calendar month from the date of Your Order, unless Your Order is made within the two calendar months preceding the publication date, in which case written notice must be received at least one month prior the publication date.
All other cancellations should be made prior to four working days of publication.
If We accept a cancellation for part of a series of Advertisements, We may surcharge You for any insertions in that series which are not cancelled.
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.
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.
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.
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.
Where an Advertisement is hosted on a Website, We have no responsibility or liability with regards to the availability of the Website, and where we are unable to publish an Advertisement for reason beyond Our reasonable control (Force Majeure), We will have no liability for the non publication of the Advertisement.
Except where We state otherwise, all prices are exclusive of VAT.
You will pay for an Advertisement on placing an Order, unless credit terms have been agreed.
We will only issue an invoice to You if You have a credit account. If you do not have a credit account You may request a pro-forma invoice, however immediate payment will still be required.
A query on an item on an invoice issued by Us will not affect the time at which You are liable to pay the rest of that or any other invoice issued by Us.
All credit terms require payment by the 20th of the month following the date of the invoice and We reserve the absolute right to withdraw any credit account at any time. If We withdraw Your credit account any outstanding balance will become payable immediately.
We reserve the right to not publish any Advertisement if You have any outstanding payments due to Us.
If You do not pay a sum due to Us by the due date, all sums due by You to Us become payable on the due date for the sum not paid and We may suspend further advertising for You and charge You compensation and interest according to the Late Payment of Commercial Debts Regulations 2013.
Ownership of data
All data that is collected in relation to any Advertisement shall remain the property of the Company.
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 and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
Competition / Prize Draw Terms & Conditions
- These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Terms ("Terms"), together to be defined as the "Competition", unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Terms.
- The Competition(s) is organised and operated by Iliffe Media Ltd, its sponsor(s) or any company or website owned or controlled (directly or indirectly) ("us", "we", "our" "Iliffe Media Ltd.").
- Terms specific to each Competition are displayed in a notice included in the publication or website posting for such Competition (the "Competition Notice") and are incorporated herein.
- In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
- Employees of Iliffe Media Ltd (and their immediate family) are not eligible to enter any Competition.
- Employees (and immediate family members) of any company involved in any Competition or, if relevant, any advertising agency connected with a Competition are not eligible to enter the Competition.
- Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver's licence. Provision of such documents will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.
- By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
- We assume that by using our site and entering the Competition (and you warrant that) either you have legal capacity to enter the Competition and agree to the Terms (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Terms.
- We reserve the right to disqualify any entrant if we have reasonable grounds to believe the entrant has significantly breached any of these terms and conditions.
- In the event that any entrant is disqualified from the Competition, in our sole discretion we may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Terms.
- By signing the Agreement, you confirm and warrant that, to the best of your knowledge, you have no medical condition that could be adversely affected by any of the events or activities planned or reasonably expected to be involved in the Competition.
- You must take all reasonable steps to ensure your own health and safety. Any behaviour or act or conduct by you (including without limitation any abusive behaviour, physical or psychological).which Iliffe Media Ltd considers to pose any medical, security or safety risk may lead to your immediate disqualification.
- You agree not to carry on your person (or in your possession or control) or to purchase or consume during the Competition any illegal substance. You acknowledge and agree that alcohol consumption will only be allowed with the express prior consent of Iliffe Media Ltd and any health and safety team, who will have full authority to restrict your levels of consumption.
- Unless otherwise stated, there is no limit on the number of Competition entries that can be received from an individual.
- Incomplete or indecipherable entries will be void.
- Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.
- There is no purchase requirement to enter a Competition.
- Where entries are made via a coupon or form it is not acceptable to submit photocopies. Photocopies will be void.
- Source material used by Iliffe Media Ltd question compilers shall be taken as correct.
- Entries via SMS must include the user's name and postcode. Incomplete entries are not eligible and will be disqualified.
- Where entry to a competition incurs an expense and the answer can be found within the editorial copy, entries can be submitted for free online or via post. (Only one free route will be provided.)
- Proof of posting cannot be accepted as proof of delivery. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside our control.
- Entrants should note that unless stated otherwise by us, we do not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material, and may dispose of entries at our discretion.
- Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tiebreakers, disputes, conflicts, questions or concerns will be managed by a member of our staff and, if required by law, by an independent adjudicator. In all matters, the decision(s) shall be final and no correspondence or discussion shall be entered into.
- Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded.
- Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
- Prizes are non-transferable and there is no cash alternative. We reserve the right to substitute prizes of equal or greater value at any time.
- We reserve the right, in our absolute discretion, to request a proof of identity in the form of your passport, driving licence and a utility bill bearing your address.
- Prizes are awarded at our discretion and prizes may be withheld in the event of improper actions by or on behalf of any entrant.
- Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. We reserve the right to request written proof of age of any winner.
- All prizes will be presented to winners via the UK mail service, unless otherwise noted. Iliffe Media Ltd does not accept any liability or claims for prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.
- We will not be responsible for replacing a prize if a concert or ticketed event has been awarded as a prize and the concert or event is cancelled or postponed.
- Prizes must be taken in accordance with the dates and destinations and number of passengers specified by Iliffe Media Ltd. There will be no cash alternative. There will be no alternative destination.
- Holidays are non-transferable. Holidays are subject to availability. You must hold a valid UK passport with at least 6 months' further duration (or competition entry will be invalid).
- Holidays are not available to persons under the age of 18 without the express prior written permission of Iliffe Media Ltd.
- All holidays must be taken within 6 months of the date of the competition or will be deemed invalid.
- You must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. In particular, you shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
- You are not entitled nor authorised in any way to commit Iliffe Media Ltd to any contract, expense or cost entered into or incurred without its advance written acceptance of the same. No variation of these Terms is effective unless approved by an authorised representative of Iliffe Media Ltd in writing.
- Passport control and in-country authorities will reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be your sole responsibility.
- Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by Iliffe Media Ltd or its agents are for guidance only and are subject to change without notice with no liability arising. You must have sufficient financial resources to meet any financial commitment which they may incur in connection with the Prize beyond those included in the Prize itself.
- The winner agrees to accept all blackout dates, space availability, requirements etc established by our prize partner(s).
- You must comply with and are responsible for attending to any inoculation and health regulations required for your destination.
- You hereby grant and assign to Iliffe Media Ltd the entire copyright and other intellectual property rights in and/or arising from your entry and your involvement in the Competition (including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the "Products"), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment.
- You represent and warrant that you have the right, power and authority to grant the rights set out above and that you have obtained all consents and permissions in respect of the same.
- For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Iliffe Media Ltd for its own use (in its absolute discretion).
- In consideration of us agreeing to consider entrants to the Competition, each entrant hereby assigns to us the complete copyright and all other rights in any entry, which shall be for the full period of copyright. We shall be free to assign such rights to third parties.
- You hereby warrant that the information that you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything, which is libellous, defamatory, obscene, indecent, harassing or threatening and shall indemnify Iliffe Media Ltd for any loss, damage or liability arising in connection therewith. If relevant, we reserve the right, but not the obligation (and without limiting our rights under your warranty and indemnity above), to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
- Iliffe Media Ltd is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any).
- We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
- It is agreed and accepted by you that Iliffe Media Ltd shall have no liability whatsoever in respect to competitions operated on behalf of third parties, eg. Sponsor.
- You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Iliffe Media Ltd, its business, personnel, servants, agents or officers to anyone.
- You may not publicise your involvement in the competition or the fact that you have won a prize without the prior written permission of Iliffe Media Ltd.
- There is no fee payable to you in respect of your involvement in the Competition.
- The Terms (unless otherwise expressly confirmed in writing by Iliffe Media Ltd) supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Iliffe Media Ltd. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.
- In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.
- The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
- These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.