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Terms & Conditions

Website terms and Conditions

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Important Legal Notice

ATTENTION: These terms and conditions apply to the entire contents of the Website, as defined below, ( and to any correspondence by e-mail or webmail between us and you. Please read these terms and conditions carefully before using the Website. Using the Website indicates that you accept these terms and conditions regardless of whether or not you are registered with us. If you do not accept these terms and conditions, do not use the Website.

 

Special words and phrases

In these terms and conditions:

the Company” means Argyll Media Limited (trading as the Dunoon Observer & Argyllshire Standard, www. Dunoon-observer.com ) having its registered office at care of Wright, Johnston & MacKenzie LLP, The Capital Building, 12/13 St Andrew Square, Edinburgh EH2 2AF (registered number SC515338);

Service” means any of the services provided by the Company through the medium of the Website, including but not limited to (a) provision of news stories and other information (b)display web advertising,various goods and services,advertising of cars, properties (c) advertising job vacancies, (d) provision of comment or discussion forums (e) provision of competitions

Titles” means the Dunoon Observer & Argyllshire Standard and any other periodical publication, information service, website (www. Dunoon-observer.com) or newspaper published from time to time by the Company in whatever form whether physical or electronic;

Website” means any and all of the following websites published by the Company and located on the world wide web via the uniform resource locators:-www. Dunoon-observer.com and any other website of the Company;

Website Information” means any data, images, videos, text or other material displayed on the Website; and

you” means any person who has viewed, downloaded, used or otherwise accessed the Website and/or Website Information and includes (but is not limited to) any person who has been granted access to a special area, and “your” shall refer to you.

 

Operator of the Website

The Website is operated and maintained by the Company. The Company may be contacted at:

Postal address: Argyll Media Limited , 219 Argyll Street, Dunoon, PA23 7QT

Telephone: 01369 703218

Fax: 01369 702462

Email: sg@dngonline.co.uk

 

Application of these terms and conditions

These are the terms and conditions for the use of the Website and Titles. By viewing, downloading, using or otherwise accessing any part of the Website and/or Website Information or by registering to use a Service, you are deemed to have accepted these terms and conditions in full without modification or amendment. These terms and conditions will form a legally binding contract between you and us. If you do not accept these terms and conditions in full without modification or amendment, you must leave the Website immediately and you may not make use of any of the Website Information or services we provide through it.

We reserve the discretion to amend these terms and conditions from time to time, in each case with effect from the date on which the amendment is posted on the Website. You should check the Website from time to time to review the then-current terms and conditions. If you continue to use the Website, you will be deemed to have accepted the changes to the terms and conditions. Some of these terms and conditions may be augmented by expressly designated legal notices or terms posted by us on the Website.

You agree that we shall at all times have the discretion to decide whether or not to grant you access to the Website or any particular Service. We reserve the right from time to time to alter or limit the categories of Website Information which you may access and view using the Website or any particular Service. You agree that we may in our discretion alter, modify, add to or delete any Website Information from time to time, without having to give you prior notice.

 

Your use of the Website

You warrant to us that when using the Website you will:-

  • not copy, alter or delete any of its content except to the extent permitted by these terms and conditions;

  • not introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;

  • not cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; and use each Service only as an individual consumer.

You agree that we shall be entitled to make all reasonable enquiries to verify your identity prior to accepting your application to use any particular Service. If we are not happy with the information you provide, or if you do not provide all the information we ask for, we reserve the right not to grant you the right to use that particular Service. If we accept your application to use a Service, we may at our discretion assign to you a user name and password for use to use that Service. Normally you will be able to select your own user name and password but we reserve the right to change these by giving you notice by email to that effect. You agree to keep any such user name and password secret and not to disclose or give it to any other person unless with our express prior consent. You agree to indemnify us for any loss, injury, damage costs or expenses arising directly or indirectly from any disclosure by you or unauthorised use of your user name and password.

If you post a comment or upload media (text, videos or photographs) on the Website or submit a comment to one of the Titles, of any nature whatsoever:-

8.1 we shall be entitled without further permission from you to edit, copy, disclose, distribute, delete or use it in any way we feel appropriate, including publishing the comment, edited or otherwise, on the Website or in any of the Titles; and

8.2 you indemnify us for any loss, injury, damage, costs or expenses arising directly or indirectly as a result of such comment being published.

 

Copyright, trade marks and your licence to use the Website

The Website Information, images, videos, graphics, text, software, applets and scripts appearing or operating on the Website and Titles are either owned by the Company, or used by us with the permission of their respective owners or as permitted by law, with the exception of content posted by users of the Website for which the Company gives no warranty or assurance. Where practicable, we acknowledge the owners of all trade marks which are referred to in the Website. Reference to a trade mark owned by a third party does not constitute any claim by us to own that trade mark or that we have rights in it.

You may view, print and download our Website Information in a web browser for your own personal use only. Copying Website Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted, as is caching of the Website by an information service provider in the normal course of its business to the extent permitted by the Electronic Commerce (EC Directive) Regulations 2002. You may not publish, make a copy of, incorporate into any other web site, or electronic information storage or retrieval system or reproduce the Website Information or any part of it for any purpose other than your own personal use without prior written consent, which may be granted at our discretion. Where we do not own the copyright or other intellectual property rights in the Website Information, you must approach the owner(s) for such consent. Nothing in these terms and conditions or on the Website constitutes a licence to use or copy the Website Information except as expressly provided for in these terms and conditions.

You may not use any material, electronic method or any type of process which collects, disseminates, removes or scrapes information or material from the Website for commercial purposes including without limitation screen aggregators, robots, spiders and scrapers or any other automated means. If you breach any of the terms in these terms and conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

Any rights not expressly granted in these terms and conditions are reserved to the Company.

In the event you obtain access to details of another user of the Website, you may only use such information in accordance with all prevailing data protection and privacy laws. Such information must not be used for spam or unsolicited commercial communications.

You are prohibited from posting or transmitting to or from the Website any comments, text, graphics, video or any other material or data of any nature whatsoever:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; 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 any other country in the world; or

which is technically harmful or causes the Website to be technically interrupted or rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data, robots, spiders, scrapers or other automated means to access the Website without the Company’s express written permission);

and we shall be entitled to remove and/or delete any material which we reasonably believe to have any of the foregoing characteristics.

 

Privacy, cookies and data protection

Please see our privacy policy for full details of the information we collect from you as part of your use of the Website. By accepting these terms and conditions, you also agree to accept the terms of our privacy policy.

 

Links to and from other websites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed these third party websites and does not control and is not responsible for these third party websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

  • If you would like to link to this Website, you may only do so if you first obtain our express permission. Please e-mail sg@dngonline.co.uk stating the URL details to which you wish to link and the URL of the page on which you will be displaying the link. We may in our discretion refuse consent, or grant consent subject to conditions. These conditions may include (but need not be limited to) the following:

  • you do not remove, distort or otherwise alter the size or appearance of the Company’s logo or name;

  • you do not create a frame or any other browser or border environment around the Website;

  • you do not in any way imply that the Company is endorsing any products or services other than its own;

  • you do not misrepresent your relationship with the Company nor present any other false information about the Company;

  • you do not otherwise use any of the Company’s trade marks displayed on the Website without express written permission from the Company;

  • you do not otherwise use any trade marks not owned by the Company displayed on the Website without express written permission from the proprietor of those trade marks;

  • you do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or that does not comply with condition [17] above and all other applicable laws and regulations.

We expressly reserve the right to revoke at any time any permission granted to link to the Website, and to take any consequent action we deem appropriate. You agree to indemnify us for any loss, injury, damage, costs or expenses arising directly or indirectly from your failure to adhere strictly to the terms of any permission granted to link to the Website.

 

Accuracy of Website Information

The Website Information and the Services are provided “as is” and we make no representation, endorsement or warranty as to their respective accuracy, completeness or fitness for any particular purpose. We will not be liable for any action taken (or not taken) in reliance upon the Website Information and such action is taken entirely at your own risk. We reserve the right to make changes to the Website Information and Services to correct any errors or omissions (or for other reasons at our discretion) without notice and without liability to you.

We do not guarantee the accuracy of any product image on screen as each screen calibration is different. Some details may vary to the description on the image and we reserve the right to change or remove items without notice.

Opinions expressed within the Website Information are those of the authors and do not necessarily represent our opinions. In the unlikely event that you find any inaccurate information on our Website or have any complaint about what we have published please e-mail gn@argyllmedia.co.uk.

 

Internet Service Interruption, Viruses etc.

We have no control over the Internet, which is a global public network of computers and the method by which you access the Website. As a consequence we take no responsibility for Service interruption or the transmission of viruses or other malicious computer code through the Website.

We will require to carry out routine maintenance on our servers and equipment. While we seek to keep disruption to a minimum, we do not guarantee that the Services or any part of the Website will be available for access at any particular time or times. Access to the Website or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

 

Our liability to you

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with your use of our website or our provision of the Services to you. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you and if this is the case then to the fullest extent permitted by law, we exclude all liability to you in contract, delict or negligence (other than negligence by us which gives rise to personal injury or death) arising out of or in connection with your use of our website or our provision of the Services to you.

We also exclude liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunications services through which you might access the Website or for faults in or failures of their networks and equipment.

 

Your liability to us

By using the Website and/or Website Information, you undertake to fully indemnify us (and keep us fully indemnified) in respect of all liabilities, losses, costs, damages, expenses or other claims suffered or incurred by us which arise from your misuse of the Website and/or Website Information, or arising from your breach of any of these terms and conditions.

 

Competitions

By participating in any competition on the Website or contained in the Titles, you are deemed to accept the following terms and conditions, any terms and conditions of a relevant third party insofar as they do not conflict with these conditions, and any additional terms and conditions which are specific to the competition:-

27.1 The Company does not accept liability for any promotion of a third party. In particular, we specifically exclude liability for any negligent acts or omissions carried out by any party (including our own employees) in connection with a competition and/or in connection with any prize and exclude any liability for losses incurred by any party (including but not limited to the competition winner of winners) caused by any prize. We also specifically exclude liability for any failure to provide or honour a prize due to the failure, act or omissionof the provider of the prize.

27.2 In the event of any dispute about these terms and conditions or anything involving a competition, our decision shall be final.

27.3 We reserve the right to omit entries if deemed necessary.

27.4 Unless expressly stated otherwise, competitions are restricted to residents of the UK aged 18 years or over, excluding employees of the Company and/or of the provider of the prize (if that party is not us) and their immediate families.

27.5 Entries from agents, in bulk or from third parties will not be accepted.

27.6 The Company reserves the right (but not the obligation) to monitor and filter information provided by entrants. We are not responsible for information provided by entrants which is defamatory, obscene, harassing or discriminatory nor information which infringes the intellectual property, privacy or other rights of third parties.

27.7 Unless otherwise stated, winners will be chosen from all qualifying entries by the Company within 28 days of the closing date of the competition.

27.8 Winners will be notified within 40 days of the closing date. If contact cannot be made by any of the means provided by the entrant, the prize will be deemed to have been forfeited by the winner. If a prize is not claimed by the time or in the manner specified for the particular competition, the prize will be deemed to have been forfeited by the winner. We reserve the right to award an unclaimed or forfeited prize to another entrant by any manner which, in our discretion, appears reasonable or appropriate.

27.9 Names of winners can be accessed by sending a SAE to Argyll Media Limited , 219 John Street, Dunoon, PA23 7QT within 40 days of the closing date. Winners’ details may be announced on the Website or in the Titles and will be displayed as title, surname and area, e.g. Mr Smith from Dunoon. We reserve the right to use the details of winners and their entries in any publicity, including news and photography, and in any medium, subject to the provisions of the Data Protection Act 1998.

27.10 No responsibility is accepted for entries which are damaged, lost or mislaid, and proof of posting, texting or emailing will not be accepted as proof of delivery or receipt.

27.11 Prizes are as described, excepted as provided for in this condition. Prizes are non-transferable, may not be resold and are subject to availability. There are no cash alternatives. The Company reserves the right in its discretion (but shall not be obliged) to substitute any stated prize for a prize which in the Company’s sole opinion is a reasonable alternative.

 

General conditions

If we fail to exercise or delay in exercising any right or remedy provided under these terms and conditions or by law, that will not constitute a waiver of our rights or remedy nor shall it prevent us from exercising that right or remedy in whole or in part in the future.

Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.

These terms and conditions and the documents referred to in it are between and for the benefit of you and us (and our successors and assignees) and are not intended to benefit or be enforceable by anyone else.

If any provision of these terms and conditions (or part of a paragraph or provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted, the provision shall apply with whatever modification is necessary to give effect to the original intention of these terms and conditions.

References to any statute or statutory provision in these terms and conditions shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

In these terms and conditions, references to one gender include the other genders, and to the singular include the plural and vice versa.

Headings will not affect the interpretation of these terms and conditions.

The Company shall not be liable for any delay or failure on its part (including but not limited to the delay in providing or failure to provide a competition prize) to the extent that the delay or failure is due to the actions or omissions of a third party, or due to circumstances beyond the reasonable control of the Company.

These terms and conditions shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.

Privacy Policy

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Please read the following privacy and cookies policy, in conjunction with our main terms and conditions, to understand how we use and protect the information that you provide to us. In this policy:-

Company” means Argyll Media Limited (trading as the dunoon Observer & Argyllshire Standard, www. dunoon-observer.com ) having its registered office at care of Wright, Johnston & MacKenzie LLP, The Capital Building, 12/13 St Andrew Square, Edinburgh EH2 2AF (registered number SC515338)and “we”, “us” and “our” shall refer to the Company;

Services” means any of the services provided by the Company through the medium of the Website, including but not limited to (a) provision of news stories and other information (b) advertising of cars, properties and various goods and services (c) advertising job vacancies, (d) provision of comment or discussion forums and (e) provision of competitions;

Website” means any and all of the following websites published by the Company and located on the world wide web via the uniform resource locators:- www. dunoon-observer.com and any other website of the Company;

you” means any person who has viewed, downloaded, used or otherwise accessed the Website and/or Website Information and includes (but is not limited to) any person who has been granted access to a special area of the Website, and “your” shall refer to you.

The Company is committed to preserving the privacy of all visitors to the Website. We know that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly.

By using the Website, you consent to the collection, use and transfer of your information under the terms of this policy, including the use of cookies on the Website.

 

Information that we collect from you

When you use the Website you may be asked to provide certain information about yourself including for example your name, postal address or email address. We may also collect information about your usage of our Website as well as information about you from any messages you post to the Website and e-mails or letters you send to us or information gathered during telephone conversations with you.

 

Use of your information

Your information will enable us to provide you with access to all parts of the Website and to supply any Services you have requested. It will also enable us to contact you where necessary concerning your queries regarding the Services.

We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

The information we learn from customers helps us personalise and continually improve your service experience. We use the information to deliver the Services, communicate with you about services and promotional offers, update our records and maintain any accounts you may have with us. We also use this information to improve the Website and the Services, prevent or detect fraud or abuses of the Website and enable third parties to carry out technical, logistical or other functions on our behalf.

In particular, we may use your information to contact you for your views on the Services and to notify you occasionally about important changes or developments to the Website or Services similar to those you have already obtained from us. We may do this by way of feedback questionnaire or using other methods. Where you have consented, we might also use your information to let you know about other products and services which we or third parties carefully selected by us offer which may be of interest to you and we may contact you by post, telephone or fax, as well as by e-mail for this purpose. However, we will not release your contact information to any third party unless the release is part of the service you have registered for, or we have your consent, or we are required to do so by law. If you change your mind about being contacted in the future, please let us know by contacting us at our contact details set out below.

 

Cookies

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

The cookies we use allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.The cookies also record your vote in a Website poll and remember your preferences for viewing images.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below.

Cookie

Name

Purpose & Expiry

Google Analytics

_utma

_utmb

_utmc

_utmt

_utmz

These cookies are used to collect information about how visitors use our Website. We use the information to help us improve our Website. The cookies collect information in an anonymous form, including the number of visitors to our Website, where visitors have come to the Website from and the pages they visited.These cookies will expire as follows: _utma will expire 2 years after your last visit to our Website; _utmb will expire 30 minutes after your visit or after 30 minutes of inactivity; _ubmc will expire when you close your browser; and _ubmz will expire 6 months after it was set.

   

****NEED TO KNOW OTHER COOKIES***

Please note that our advertisers may also use cookies, over which we have no control.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

By continuing to access our Website without blocking cookies you consent to our use of cookies.

 

Disclosure of your information

The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff, the staff of our group companies and third parties who act for us (who may work outside the UK) for the purposes set out in this policy or for other purposes approved by you. By submitting your information to us, you agree that it may be transferred outside the European Economic Area. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.

We may also pass aggregate information on the usage of our Website to third parties but this will not include information that can be used to identify you.

If our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

We will not sell your biographical information or contact details to any third party. We will not share or distribute any of the information you provide to us with or to any third party unless as part of the service you have registered for, or we are required to do so by law, or we have obtained your consent to send you details about third party products and/or services, in which case we may pass the information you provide to us to the providers of those goods and/or services.

 

Security and data retention

We employ appropriate security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

Accessing and updating

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us as we are the data controller for this information. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you and may ask you for proof of identity to prevent unauthorised disclosure of private information.

 

Changes to our privacy and cookies policy

Any changes to this policy in the future will be posted to the Website and/or, where we feel it is appropriate, notified to you by email.

 

Contact

All comments, queries and requests relating to our use of your information are welcomed and should be addressed to Argyll Media Limited, 219 John Street, Dunoon, PA23 7QT or submitted to sg@dngonline.co.uk

Conditions of Acceptance of Advertisements - updated 2/11/15

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Conditions of Acceptance of Advertisements

IMPORTANT: Your attention is drawn to Condition 4.7 which imposes an obligation on The Advertiser to meet Our costs, damages, loss, injury, expenses and other charges if The Advertiser breaches Condition 4.1 or Condition 4.2.

 

Definitions and Interpretation

1.1 In these Conditions:

Advertisement” means any notice, advertisement, announcement or listing which The Advertiser has requested Us to publish in a Title or Titles;

Company” means Argyll Media Limited (trading as the Dunoon Observer & Argyllshire Standard, www. dunoon-observer.com ) having its registered office at care of Wright, Johnston & MacKenzie LLP, The Capital Building, 12/13 St Andrew Square, Edinburgh EH2 2AF (registered number SC515338);

Order” means an order by The Advertiser for insertion of an Advertisement in a Title or Titles;

The Advertiser” means the person who has placed an 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;

Title” means any publication or Website which We publish including but not limited to Dunoon Observer & Argyllshire Standard and www.dunoon-observer.com

We” and “Us” and “Our” means the Company.

1.2 In these Conditions references to the singular include the plural and vice versa.

1.3 In these Conditions a “person” includes a natural person, corporate or unincorporated body.

 

General

2.1 These Conditions will apply to any contract between Us and The Advertiser for the publication of an Advertisement in a Title or Titles.

2.2 These Conditions override any terms stipulated by The Advertiser 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.

2.3 Where The Advertiser is a consumer, nothing in these Conditions affects The Advertiser’s statutory rights.

ORDERS

3.1 The placing of an Order shall be deemed to be an offer by The Advertiser to Us to submit an Advertisement for publication in a Title or Titles subject to these Conditions.

3.2 We may insist on The Advertiser submitting an Order in writing. If We do so The Advertiser will not be deemed to have placed an Order until We receive it in writing.

3.3 If We do not insist that The Advertiser submit an Order in writing, an Order made verbally to Us is deemed to be placed when the Order is made to Us verbally. All telephone facilities may be monitored including the logging and recording of telephone calls with Us.

3.4 If The Advertiser delivers copy instructions to Us, We may treat that as an Order unless it is clearly marked as “not constituting an Order”.

3.5 We will notify The Advertiser if We do not accept an Order within 5 working days of receiving the Order. In the absence of such notice We will be deemed to have accepted an Order.

3.6 If we publish the Advertisement that is the subject of an Order We will be deemed to have accepted the Order.

3.7 We are not obliged to accept any Order placed by The Advertiser.

 

Advertising Standards

4.1 The Advertiser confirms and warrants to Us that the copy The Advertiser provides to Us and the publication by Us of an Advertisement pursuant to an Order will:

4.1.1 not infringe any copyright, trademarks or other legal rights of any person;

4.1.2 when appearing on any Title that is a Website, not contain hyperlinks or metatags linking to The Advertiser’s own Website unless We have granted Our express prior permission to such hyperlinks or metatags;

4.1.3 be legal, decent, honest and truthful;

4.1.4 not result in a breach of any relevant Code of Practice, including the provisions of the Advertising Standards Authority’s Codes of Practice (www.asa.org.uk);

4.1.5 not breach any legislation; and

4.1.6 not be defamatory;

4.2 The Advertiser confirms and warrants to Us that The Advertiser has received any consent(s) needed to refer to or portray persons (expressly or impliedly) in the Advertisement.

4.3 All Advertisements must conform to Our standard style, form, format and technical specifications (available from Us on request). We reserve the right to alter any Advertisement to so conform, without any compensation being payable. We may also vary at any time the technical specifications of any of the Titles for operational reasons.

4.4 We comply with the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (www.asa.org.uk) and it is Our policy to highlight advertiser editorial as “Advertiser’s Announcement”.

4.5 We do not guarantee that press releases received from The Advertiser will be published by Us.

4.6 We adhere to the IPSO Editors’ Code of Practice.

4.7 The Advertiser agrees:

4.7.1 to be responsible to Us for all costs, damages, loss, injury, expenses and other charges which We incur or to which We are subject as a result of a breach of any warranty in Condition 4.1 or Condition 4.2 above given by The Advertiser to Us;

4.7.2 that We accept no liability in respect of any loss or damage arising from delay by Us in forwarding or by Us omitting to forward replies to box numbers to The Advertiser (however caused);

4.7.3 that We may liaise with the police and/or any other relevant authority in relation to any Order or Advertisement or any response We receive to any Advertisement (including passing on The Advertiser’s details);

4.7.4 that We may record and use The Advertiser details and copy to exercise Our rights and perform Our obligations under these Conditions and publish The Advertiser’s Advertisement (including by passing them to other group companies and/or sub-contractors as reasonably necessary to do so);

4.7.5 if The Advertiser is 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;

4.7.6 that We may store, reproduce and distribute copy relating to any Advertisement, including by electronic means but we do not guarantee this;

4.7.7 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;

4.7.8 that We may hold The Advertiser details on record for a reasonable period and contact The Advertiser about future advertising opportunities which We believe may be of interest to The Advertiser;

4.7.9 that We may use The Advertiser details to contact The Advertiser for feedback relating to The Advertiser’s Advertisement and/or the Title in which The Advertiser advertised;

4.7.10 that We shall have no liability for any variation of up to 10% in the final published size of any Advertisement;

4.7.11 that We are under no obligation to supply artwork to other organisations or publications unless expressly agreed by Us in writing; and

4.7.12 to provide the copy/artwork required for the Advertisement to Us by the publication deadline specified by Us.

4.8 We do not guarantee:

4.8.1 insertion of an Advertisement in a particular issue of a Title;

4.8.2 special position of an Advertisement or that an Advertisement will appear in colour in any Title;

4.8.3 that an Advertisement will have a particular classification; or

4.8.4 the level of distribution of a Title.

4.9 We may carry forward an Advertisement not inserted in an issue of a Title to the next suitable issue of that Title.

 

Suspension and Cancellation

5.1 We will begin processing an Order when it is received. We are not obliged to accept a request from The Advertiser to cancel an Order once it has been received. All cancellation requests by The Advertiser should be made not less than four working days prior to publication date of the Advertisement concerned. We may require that any cancellation request be provided in writing. We reserve the right to charge The Advertiser for the price of the Order in the event of a cancellation at the request of The Advertiser.

5.2 If We agree to cancellation of part of a series of Advertisements, We may surcharge The Advertiser for any Advertisements in that series which are not cancelled.

5.3 We may at any time suspend or cancel at our sole discretion any Order after it has been accepted without notice or obligation to give a reason.

5.4 If We suspend or cancel an Order due to a breach of these Conditions by The Advertiser, We may charge The Advertiser the price for the Order and for any loss of income caused by suspension or cancellation.

5.5 If We cancel an Order otherwise than due to a breach of these Conditions by The Advertiser or at The Advertiser’s request, then, to the extent cancelled, We will refund any pre-payment made by The Advertiser but will have no further liability.

 

Artwork

6.1 We retain copyright (and any other intellectual property rights) in all Our artwork, copy and other materials in any Advertisement (even if combined with any of The Advertiser’s copyright materials). In addition, The Advertiser agrees that We own the copyright in the typographical arrangement of all Advertisements. No copy in any form will be returned to The Advertiser unless agreed in writing by Us at the time of placing the Order. If We agree in writing to return The Advertiser’s copy following preparation of the Advertisement, the copy will be returned to The Advertiser at The Advertiser’s risk and expense.

6.2 We will not be liable for accidental loss or damage to The Advertiser’s copy, including artwork and photographs, in any format.

6.3 Any material submitted by The Advertiser is held by Us at The Advertiser’s own risk and should be insured by The Advertiser against loss or damage from whatever cause. We reserve the right to destroy without notice all such property after the date of its last appearance in an Advertisement unless The Advertiser has given Us written instructions to the contrary.

6.4 If The Advertiser places an Order but fails to provide copy/artwork by the publication deadline, We may repeat any previous relevant Advertisement from The Advertiser for which We have copy, or use a filler advert, and charge The Advertiser the full price of the Order in any event.

 

Liability

7.1 We will not be liable in any circumstances in contract, delict (including negligence) or otherwise for any loss, injury or damage (including but not limited to those of an indirect or consequential nature, economic loss, pecuniary loss, loss of turnover, loss of revenue, loss of profit or depletion of goodwill) suffered by The Advertiser as a result of:

7.1.1 any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in a second or subsequent Advertisement in a series and which is published subsequent to the first Advertisement in that series and in respect of which The Advertiser has failed to bring any error, misprint or omission to Our attention within one week of the date of publication of the first Advertisement in that series;

7.1.2 any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in an Advertisement which does not in our option, acting reasonably, detract from the essence of that Advertisement;

7.1.3 any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in an Advertisement, a proof of which has been issued to and approved by The Advertiser or, if The Advertiser is an agency acting for a client, the client;

7.1.4 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;

7.1.6 any total or partial failure (however caused) of publication, dissemination or distribution of any Title in which an Advertisement is scheduled to appear;

7.1.7 service interruption due to failures in the world wide web, the transmission of viruses or other malicious computer code through the internet, the acts or omissions of providers of telecommunications services or faults in or failures of their networks and equipment, or disruption caused by system failure, maintenance or repair (whether planned or not);

7.1.8 any failure to print (or to publish online) an Advertisement in any particular issue of a Title;

7.1.9 any failure to print (or to publish online) an Advertisement in a particular position within a Title;

7.1.10 any failure to print (or to publish online) an Advertisement under a particular classification;

7.1.11 any difference between actual distribution figures for any issue of a Title in which an Advertisement appears and the typical average distribution figures audited for and issued by Us,

7.1.12 the failure to distribute a Title to a specific geographical area, town, village or street;

7.1.13 any difference between the actual website audience figures for any Title and the audience figures used in any statement of the website audience figures provided by Us;

7.1.14 any error or inaccuracy in Our marketing material or in any statements issued by Us in relation to our advertising services; or

7.1.15 any delay, non-delivery or mis-delivery of any response to an Advertisement directed through Our Box Number service or website Title.

7.2 Where there is an error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in an Advertisement in respect of which liability is not excluded in terms of Clause 7.1 above, We will, at Our choice, either publish the corrected Advertisement, or depending upon how payment for the Advertisement was made, issue The Advertiser with a credit note or refund The Advertiser’s 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.

7.3 Our total liability to The Advertiser in contract, delict (including negligence) or otherwise (unless otherwise excluded) in connection with an Order shall be limited to the price paid for the Order.

7.4 Nothing in these Conditions attempts to or 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.

7.5 Any distribution complaints made to Us will be investigated following the standard distribution procedures

Prices and Payment

8.1 Unless otherwise agreed by Us, the price of each Advertisement shall be the price set out in Our then current rate card at the time we accept the Order. We reserve the right to alter Our rate card from time to time and without prior notice. All prices quoted unless otherwise specified are for mono advertising. Full colour advertising may be available upon payment of the full colour premium in line with Our then current rate card.

8.2 Except where We state otherwise, all prices set out in Our rate card are exclusive of Value Added Tax which The Advertiser shall pay to Us in addition.

8.3 The Advertiser will pay for an Advertisement on placing an Order, unless credit terms have been agreed by Us. The Advertiser will be sent an invoice unless The Advertiser has pre-paid (or a direct debit arrangement is in place), in which case The Advertiser will only be sent an invoice if The Advertiser requests one. All credit terms will be subject to the terms of Our Credit Application Form.

8.4 If The Advertiser does not pay a sum due to Us by the due date, all sums due by The Advertiser to Us become payable on the due date for the sum not paid and We may suspend further advertising for The Advertiser and charge The Advertiser compensation and interest according to the Late Payment of Commercial Debts (Interest) Act 1998.

8.5 If We offer a price discount to The Advertiser in respect of an Order for a series of Advertisements, We reserve the right to withdraw the discount and charge the full price for the Advertisements where The Advertiser requires a change to be made to any Advertisement or the agreed advertising schedule during the publication of the series of Advertisements.

8.6 A query on an item on an invoice issued by Us will not affect the time at which The Advertiser are liable to pay the rest of that or any other invoice issued by Us.

8.7 Any price quotation or offers of advertising given by Us, whether in writing or verbal, are only valid for seven days from the date of the quotation or offer and are subject to these Conditions.

 

Force Majeure

9.1 We shall not be in breach of Our obligations to The Advertiser nor liable for any delay in performing or failure to perform, any of Our obligation to The Advertiser if such delay results from events, circumstances or causes beyond Our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

 

Severance

10.1 If any court or competent authority finds that any provision of these Conditions is invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.

10.2 If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

 

Waiver

11.1 A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by Us or The Advertiser in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

 

Assignation and Sub-contracting

12.1 The Advertiser may not assign (transfer), sub-contract or deal in any way with any of its rights or obligations under the contract with Us.

12.2 We shall be entitled to assign and to sub-contract Our rights and obligations under the contract with The Advertiser.

 

Applicable Law and Jurisdiction

13.1 These Conditions and the contract between Us and The Advertiser shall be governed by and construed in accordance with the laws ofScotland and We and The Advertiser submit to the non-exclusive jurisdiction of the Scottish courts.

 

Information About Us and How to Contact Us

14.1 If you have any questions please contact Us. You can contact Us by telephone on: 01461 202417, by email to  jm@argyllmedia.co.uk or by post at Argyll Media Limited, 219 Argyll Street, Dunoon, PA23 7QT

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