Baylis Media Ltd
Friday 31 October 2014 4:43 PM
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Terms and Conditions

Terms and Conditions for Website Usage


In these terms of use "we/us/our" means Baylis Media Limited (company number 382741) and its subsidiary companies from time to time. "The Websites" means all the websites owned and/or operated by us, including without limitation the websites listed in Schedule A as may be amended from time to time. Use of the Websites is subject to the following Terms of Use.

On using the Websites on this and subsequent occasions you will be deemed to have accepted these Terms of Use. We may change these Terms of Use at any time by posting changes online. Please review these Terms of Use regularly to ensure that you are aware of any changes.

Certain areas of the Websites may be restricted and you will only be able to access these through registering your details with us ("the Registered Areas"). You may be provided with login account details for these Registered Areas which may include, without limitation, forums and advertising areas, and you shall be responsible for any use of your user profile on the Registered Areas. All personal data which we collect through the Websites will be treated in accordance with our Privacy Policy (see below).

1. Disclaimer

The content of the Websites is intended for general information only and is not be relied upon as advice on which to base any decision. If you have concerns about the accuracy of any content displayed on the Websites please let us know.

The Website may contain hypertext links to websites operated by third parties. We do not have control of such websites and you acknowledge that we have no responsibility or liability for their content. You may be asked to supply information to such third parties and you should check the terms and conditions of such third party site. We accept no liability for any transaction you enter into with such third party through the Websites, and, if you have concerns about the effects of any such transaction you should seek professional legal advice. We recommend that you always obtain proper dated receipts with addresses, proof of identification and serial numbers where applicable.

2. Your Responsibilities

You agree not to copy, reproduce, transmit, extract, adapt or distribute materials from the Websites, except for your own personal non-commercial use. All intellectual property rights in any material displayed by us on the Websites are expressly reserved to us.

3. Liability

3.1 Although every care is taken in the preparation of the Websites, you hereby acknowledge that it is not technically possible to run the Websites free of all faults, and we give no warranties as to the continuous operation of the Websites and accept no liability for any time the Websites are not operational due to faults or maintenance. We give no warranty that any downloads will be free of viruses.

3.2 We shall not be liable in contract, in tort or otherwise for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with your use of the Websites.

3.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law excluded, save that nothing in these Terms of Use excludes or limits liability for our fraud or death or personal injury caused by our negligence. Without limitation to the foregoing we give no warranties or representations as to the completeness or accuracy of the information on the Websites, the ownership, quality, authenticity, compliance with description or fitness for purpose of any goods or services advertised, or the completeness of the results of any search of the Websites.

3.4 If notwithstanding the provisions of these Terms of Use purporting to exclude or limit our liability we are found liable to you then our total liability to you in contract, tort or otherwise in arising in connection with these conditions shall be limited to the return of such fees paid or payable by you to us for the use of the Websites in connection with which such liability arises.

3.5 The material on the Websites is designed to comply with English law and we cannot be held responsible for any non-compliance with applicable local laws in any other jurisdiction.

4. Contributions to the websites

4.1 If you submit any contribution to the Websites (including any text, photographs, graphics, video or audio) you agree to grant us a perpetual, unconditional, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, edit, translate, amend, adapt and distribute your contribution on the Websites or otherwise. We reserve the right not to post any contribution, and may monitor and/or remove your contributions at any time without notice to you.

4.2 You warrant that your contribution is your own original work and/or that you have the right to make it available to us and that your contribution does not infringe any third party privacy, intellectual property, contractual or other proprietary right. You shall indemnify us if we incur any liability arising out of or in breach of this warranty. You waive any moral rights in your contribution.

4.3 You agree not to use the Websites to engage in any activity which is unlawful (including but not limited to defamation, invasion of privacy, harassment, obscenity, the transmission of child pornography or blasphemous or racist material). In particular (but without limitation) you shall not post any contribution which is in breach of these terms of use. You must not submit the same or similar contribution many times, or submit off-topic material in subject-specific areas. You must not use the Websites to create or send any viruses, worms, Trojan horses or other files which disrupt the use of the Website or of any connected network software or hardware.

4.4 We may terminate your access to the Registered Areas with immediate effect if in our sole opinion you are in breach of any of these Terms of Use, and you shall indemnify us against all losses, damages and other expenses that may be incurred by us as a result of such breach.

4.5 An element of content posted to this site is created by members of the public. This includes comments contributed in response to articles and opinions and comments posted within our message board forum. The views expressed are theirs and unless specifically stated are not those of the website publisher. We are not responsible for any content posted by members of the public to this site or for the availability or content of any third party sites that are accessible through this site. Any complaint made by a member of public related to any of these contributed comments will be investigated promptly and, if it is deemed that the comment contravenes guidelines on decency or legal requirement, they will be removed at the earliest available point. Users should be aware that the website publisher may divulge their details if they post defamatory content.

5. Advertisements

5.1 All advertisements must comply with the British Code of Advertising Practice and all other relevant advertising (or other) legislation.

5.2 You confirm that you have all relevant consents, licences and approvals to publish the advertisement and that such publication shall not breach of any third party intellectual property or other rights, and you shall indemnify us in respect of all actions, proceedings, costs and claims arising from any breach of this condition.

5.3 If we provide artwork and design facilities to you in order to produce copy for advertisements then we will retain all intellectual property rights arising in the resulting designs and layouts unless otherwise agreed between you and us in writing. If we supply the artwork for your advertisement you shall only use it for the purposes of that advertisement unless otherwise agreed with us in writing.

5.4 You confirm that you have the right to sell the goods and/or offer the services set out in the advertisement and that they comply with any applicable law or regulation.

5.5 By submitting an advertisement to us, you assign all copyright in the advertisement to us and agree to waive all moral rights in relation to the advertisement. We may amend or edit any advertisement without notice to you and/or to remove the advertisement from the Websites if in our sole opinion it is in breach of these Terms of Use.

5.6 It is your responsibility to check that your advertisement is correct and to notify us of any errors. We accept no liability for any advertisements not received by us or received in a corrupted form; for advertisements on the Websites becoming out-of-date, containing typographical errors, or otherwise being factually inaccurate or omitted from publication by us, or for loss or damage to your artwork or photos We shall not be liable to you in contract, in tort or otherwise for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with your advertising on the Websites.

5.7 It is your responsibility to check that your advertisement is correct and any errors found shall be notified to us within one week of publication. No repeat advertisement, refund or adjustment will be made where in our opinion the error, misprint or omission does not materially detract from the advertisement. Refunds may occasionally be offered at the discretion of the management.

5.8 All copy supplied electronically must be in the formats specified in our guidelines for the transfer of electronic copy (available on request).

5.9 If notwithstanding the provisions of these Terms of Use purporting to exclude or limit our liability we are found liable to you then our total liability to you in contract, tort or otherwise shall be limited to the total of such fees paid or payable by you to us for the advertisement in connection with which such liability arises.

5.10 You agree that you are responsible for all complaints, legal actions or threatened legal actions relating to an advertisement and agree to keep us indemnified from all costs, damages and other losses howsoever arising from the publication of any advertisement on the Websites (excluding those losses arising exclusively from editorial changes made by us on your advertisement).

5.11 You agree to further indemnify us against any losses we suffer as a result of your sending us material containing viruses or other files which cause damage or corruption to the Websites.

5.12 The advertisement rates are subject to revision by us without notice to you at any time. We reserve the right to make additional charges where extra production work in colour copy is involved.

5.13 Whilst every endeavour will be made to forward replies sent to box numbers, our staff will not supply addresses or other details of holders of box numbers, and we accept no liability in respect of any loss or damage alleged to arise from any delay or non-delivery caused.

5.14 Payment for advertisements must be made in advance, except where credit facilities have been granted in writing by us. Where credit facilities are offered the payment terms are subject to the rules currently in force (details of which are available on request). The existence of a query on any individual item in an account shall not affect the due date for payment of the balance of the account.

5.15 Advertisements, once accepted, cannot be cancelled, save that, in the case of a series booking, the advertisement may be cancelled after the first insertion, but no refund will be given for any remaining week or weeks.

5.16 Advertisers are invited to submit editiorial and pictures for use in Baylis Media advertising features. This is a free service and therefore we cannot guarantee that copy will be published.

Baylis Media reserves the right to change or alter either part or all of the editorial in order to maintain the standard and style of the Baylis Media.

6. Competitions

6.1 Competitions are open to all UK residents other than current Baylis Media Ltd employees or their immediate families, or employees of partner organisations and their families, or anyone else connected with the creation or administration of the competition.

6.2 If you win a competition, you shall, if we ask you to do so, agree to be interviewed and photographed for our own publicity purposes.

6.3 The closing date for entries will be specified in the competition.  After this time the competition is closed and no entries will be accepted. Winners will be notified by the date specified in the competition. The judges' decision will be final and no correspondence will be entered into.

6.4 All prizes are subject to availability and, should any prize be unavailable, a prize of similar price or specification will be substituted. Prizes are non-transferable and no cash alternative will be offered.

6.5 Where the competition format requires, entries must be on an official and original entry form. Copies will not be accepted. Proof of postage or email is not proof of entry.

6.6 All information obtained from entries will be used solely by Baylis Media Ltd and the competition sponsor and will not be shared with any third parties. By entering a competition using your email address you agree for your email to be used for marketing purposes. You can opt out of the marketing newsletter if you wish to do so by clicking on the link at the bottom of the newsletter.

6.7 By entering the competition you agree to be bound by the rules and any other requirements set out in the competition material.

7. General

7.1 These conditions shall be interpreted, construed and enforced in all respects in accordance with English law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these conditions.

7.2 If any provision of these conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.

7.3 No failure by us to exercise any of our rights under these conditions shall operate as a waiver of our rights.

7.4 The contract formed on these conditions between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise and no third party shall have any right to enforce it.

7.5 Your rights under these conditions are personal to you and us and you shall not assign or transfer them. We shall be able to assign or transfer our rights under these conditions at will.

The websites:

http://maidenhead-advertiser.co.uk

http://twyford-advertiser.co.uk

http://burnham-advertiser.co.uk

http://windsor-advertiser.co.uk

http://windsorexpress.co.uk

http://sloughexpress.co.uk

http://findahometoday.co.uk

http://baylis-trust.org.uk

http://mybaylisaccount.co.uk

http://www.baylismediaarchive.co.uk

http://www.baylismediaphotos.co.uk

 


Privacy Policy

 

 

What is covered by the Privacy Policy?

Your privacy and safety is important to us. We do not collect any more personal information than is necessary for the operation of the Websites.

By using the Websites and submitting your information to us, you consent to the use and disclosure by us of your information as set out in this privacy policy. By sending us your details to post on the Websites, you are deemed to agree to such posting. We may change this privacy policy at any time by posting changes online.

This privacy policy does not apply to sites that you access via a link to our Websites; you should check the privacy policies of such sites.

In this privacy policy "we/us/our" means Baylis Media Limited (company number 382741) and "the Website" means the websites listed in our Terms and Conditions of Website Usage.

What security is in place to keep your personal data secure?

We have appropriate security measures in place to prevent unauthorised access to the information you provide, but we cannot guarantee that any information we receive or store electronically is totally secure.

What personal information is collected by us, and do we use cookies?

The information we collect via the Website may include:

- any personal details you provide to us through completing electronic forms and sending emails, such as your name, address and telephone number; and

- data recorded by the Website which allows us to recognise you and your preferred settings. This saves you from re-entering information on return visits to the Website. Such data is recorded locally on your computer through the use of cookies (small test files which contain a unique identification number written to a user's hard disc and read by a server program). Most browsers can be programmed to reject or warn you before downloading cookies and information regarding this may be found in your browser's "help" facility.

If you post your information on any of our Websites, your information may be collected and processed by other users of the Websites. We have no control over how these users may process your data.

Is it possible to access and browse our Website without disclosing personal data?

Yes, some areas of the Website can be accessed without disclosing personal information. However, other services offered by the Websites will ask for personal details.

How do we use the personal information we gather?

Any personal information we collect from the Websites will be used in accordance with the Data Protection Act 1998 and other applicable laws.

Such personal data may be used to provide you with details of our services, to provide marketing information if you indicate that you want to receive such information and to help us analyse site usage in order to develop the Websites and for our general administrative purposes.

Do we disclose our users' personal information to third parties?

We will not without your consent sell, share or transfer your personal information to third parties except as set out in this Privacy Policy or that we are required to do by law. Such third parties will not be allowed to use your personal information for their own purposes.

We may freely pass your personal information to other companies owned by us.

We may also pass your personal information to other companies to carry out the purposes set out above.

Do you have the right to access and/or change the information we hold about you?  

Yes. In order to receive a copy of any information that we currently hold about you or to change such information please use our feedback system to contact us or write to us at:

Baylis Media Ltd

Newspaper House

48 Bell Street

Maidenhead

Berks SL6 1HX

 


 

Advertisers

CONDITIONS OF ACCEPTANCE

Orders for insertion of advertisements in the Maidenhead Advertiser Series and the Slough and Windsor Express Series and associated websites are accepted subject to the following conditions:-

1. Advertisement copy shall be legal, decent, honest and truthful; shall comply with the British Code of  Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority; and shall comply with the requirements of current legislation. In placing the Advertisement the Advertiser agrees that the Company may at its option publish the Advertisement in electronic format.

2.* While every endeavour will be made to meet the wishes of advertisers, Baylis Media Ltd (the publisher) does not guarantee the insertion or position of any particular advertisement nor does the publisher guarantee to place advertisements in alphabetical order or in specific categories.

3. Whilst doing its upmost to avoid error, the publisher does not hold itself responsible for any mistakes that arise in course of publication. Mistakes must be notified to the publisher within one week of insertion, after that period has elapsed claims for credit cannot be considered. The publisher will not accept responsibility for repetition of any error on subsequent insertions and therefore requests that advertisers kindly check their advertisements weekly.

4. In the event of any error, misprint or omission in the printing and publishing of an advertisement or part of an advertisement (not being a matter covered by Clause (5) of this Contract) the publisher will either reinsert the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement. In no circumstances shall the total liability of the publisher for any error, misprint or omission exceed:

(a) the amount of a full refund of any price paid to the publisher for the advertisement in connection with which liability arose.

(b) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.

5. The publisher reserves the right to:-

(a)* cancel the order at any time by giving reasonable notice before the next insertion, but in that event the advertiser / advertising agency shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped;

(b)* make any alteration it considers necessary or desirable in an advertisement and to require copy to be amended to meet its approval

(c)* increase the advertising rates at any stage. Any rate increase will effect all current bookings unless prior agreement has been made

6. The copyright for all purposes in all artwork, copy and other material which the publisher or his employees have contributed to or reworked shall vest in the publisher.

7.* Copy will be changed as required by the advertiser / advertising agency, provided adequate time is allowed.

8.* Omissions or wrong insertions will only be made up with the agreement of the advertiser / advertising agency.

9.* The publisher will allow to an advertising agency the right to cancel any unexpired part of an order without penalty in the event of the death or failure of its client.

10.* Advertisement orders are issued by an Advertising Agency as a Principal and must be on the Agency’s official form. (When copy instructions not constituting an official order are issued, they shall be clearly marked at the head “Copy instructions - Not an Order”).

11.* Proofs are to be passed by the Agency before insertion if time permits.

12.* Voucher copies, tear sheets or other proof of insertion, as agreed, are to be supplied to the agency as soon as possible after publication in an electronic format unless otherwise agreed.

13.* The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authority and permission has been secured in respect of the use in the advertisement(s) of pictorial representations of (or purporting to be of) living persons, and of references to the words attributed to living persons.

14.* The advertiser / advertising agency agree to indemnify the publisher in respect of all costs, damages, or other charges falling upon the newspaper as a printed or electronic format as the result of legal actions or threatened legal actions arising from the publication of the advertisement, or any one or more of the series of advertisements, published in accordance with the copy instructions supplied to the newspaper in pursuance of the advertiser / advertising agency’s order. In any case where a claim is made against the newspaper or the newspaper is sued and the advertiser / advertising agency may ultimately be liable under the terms hereof, notice in writing shall be given to the advertiser / advertising agency, and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of. (Advertisements of prospectuses and company meetings are excluded from clauses (14) and (15).

15. All gross advertising rates (except classified lineage and semi-display) are subject to 0.1% Advertising Standards Board of Finance surcharge payable by advertisers to help finance the self-regulatory control system administered by the Advertising Standards Authority.

16. When monthly credit is allowed, payment for an advertisement is subject to the cash flow rules currently in force and as agreed between the Newspaper Society, the Newspaper Publishers Association Ltd., the Institute of Practitioners in Advertising and the Incorporated Society of British Advertisers. The due date for payment is as shown on the invoice submitted by the publisher.

17. The publisher shall not be liable for any loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any newspaper or edition in which any advertisement is scheduled to appear.

18. Every endeavour will be made to forward replies to box numbers to the advertiser as soon as possible after receipt by the publisher, but the publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies (howsoever caused). The advertiser authorises the publisher to return to its originator any communication which, in the opinion of the publisher, should not be delivered to the advertiser.

19. The layout, design, type faces / sizes, border, etc. of any advertisements which are not complete artwork are left entirely to the discretion of the publisher.

20. Due to the heavy demand for advertising space, some advertising pages may be restyled to nine columns. The publisher apologises for any inconvenience caused by this method but believe this is preferable to the alternatives of limiting space or having to hold advertisements over to a later issue.

21. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an agency’s order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.

22. Cancellation and amendments to advertisements Cancellation of display, semi-display and lineage advertisements ordered for the current week’s issue must be received at least two days before the newspaper’s deadline. Advertisers cancelling advertisements will be given a stop number, which is proof of cancellation and should be quoted if any subsequent query arises. No claims for credit will be considered without a stop number. If pre-paying for an Advertisement please note that if you qualify and require the series rate you cannot cancel the booking until it’s run its course.

23. ARTWORK - Clients who require artwork or disks / CDs returned must provide stamped addressed envelopes.

24. The publisher regrets that all advertisements accepted are subject to a credit limit of £315 except on approved monthly accounts.

25. The publisher reserves the right to impose an administration charge (no greater than that imposed on ourselves) for the processing of credit / debit card transactions. If payment by cheque is not honoured, an administrative charge may be applied.

26. Freebees advertising will only appear if space permits. The publisher reserves the right to hold any or all advertising over for publication in an alternative week’s publication.

Freebees advertisements are subject to the following terms and conditions:

  • For use by private customers only
  • One item per advertisement.
  • Only three Freebees advertisements will be accepted per household for any one publication
  • A maximum of 25 words is allowed.

27. Advertisements placed in our recruitment section of set size may also be published in Jobs Weekly (when published). If an individual does not wish this to be the case please advise by writing to: Baylis Media Ltd., Newspaper House, 48 Bell Street, Maidenhead, SL6 1HX.

28 Prepaid advertisements. The following must be prepaid: Cars for sale; Cars wanted; Motor-cycles for sale; Motor-cycles wanted; Property for sale; Property wanted; Accommodation wanted; Accommodation to let; Property exchange; Home Services and Farm and Garden and private Advertisements from outside our circulation area and advertisements under £25 per insertion.

29. Data Protection.

All requests to amend, delete, suppress and gain access to personal data should be made in writing to the Data Controller, Baylis Media Ltd., Newspaper House, 48 Bell Street, Maidenhead, SL6 1HX.

Telephone calls may be monitored for staff training purposes.

Occasionally, we may use your details for marketing purposes only. If you would prefer us not to, please write to the Data Controller, Baylis Media Ltd., Newspaper House, 48 Bell Street, Maidenhead, SL6 1HX.

30. Advertising Rates

A full list of our Advertising Rates may be obtained by telephoning The Maidenhead Advertiser on 01628 680680 or Slough and Windsor Express on 01753 825111 or writing to Baylis Media Ltd, Newspaper House, 48 Bell Street, Maidenhead, SL6 1HX.

* Based on the STANDARD CONDITIONS for the transactions of business between Newspapers and Advertising Agencies, agreed between the Newspaper Society and the Institute of Practitioners in Advertising in 1936 and revised in 1937 and 1954. Trade Descriptions Act 1968. All advertisements will be accepted only on the express conditions that the advertiser warrants that the advertisement does not in any way contravene the provisions of the Trade Descriptions Act 1968.
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