The websites listed in Appendix A, and the subdomains of it ("the Website") along with the publications in Appendix B ("the Publication") are published and operated by NonStop Gh, Suite 201, Frimley House, 35 High Street, Frimley. Surrey. GU16 7JQ and the operating companies listed in Appendix B ("the Publisher").
Use of and access to the Website is subject to the following terms which include:
- Copyright Notice and Licence;
- Submitting Content;
- Terms and Conditions of Acceptance of Advertisements;
- Registration Terms and Conditions; and
- Disability Access Statement.
Access to particular areas of the Website may be subject to additional terms to which you must consent in order to use those areas.
- BY ENTERING THE WEBSITE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE LEAVE THE WEBSITE IMMEDIATELY.
- Links. No metatags hyperlinks or other forms of linkage whatsoever to any other site may be imposed on the website without the prior express written consent of the Publisher.
- Viruses. If you knowingly send or infect the Website with a virus, Trojan horse, worm, etc then the Publisher retains the right at its sole discretion to pursue you for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred by it as a result of your actions.
- Liability. The Publisher accepts no liability in respect of the content of any third party material appearing on the Website or in respect of the content of any other website to which the Website may be linked from time to time. The Publisher makes no warranty in respect of the contents of this Website and accepts no liability for any loss or damage whatsoever and however arising whether directly or indirectly as a result of access to and use of this Website including without limitation acting or failing to act in reliance on any information contained herein.
- Indemnity. You understand that you are personally responsible for your behaviour while on the Website, and agree to indemnify and hold the Publisher, all other companies within the NonStop Gh, their parents, subsidiaries, affiliates, and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including legal fees and costs) that they may incur in connection with a third party claim or otherwise, in relation to your use of the Website, access to the Website, your violation of either these Terms or the rights of any third party, disclosure of membership passwords and any other matter in connection with your participation in the services on the Website.
- Force Majeure. The Publisher does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that the Publisher or the server(s) that makes it available are free of viruses or bugs.
COPYRIGHT NOTICE AND LICENCE
- Ownership. Except in the case of the Forums and any other content you create, the copyright in the Website and its contents belongs to the Publisher, or has been included with the consent of other copyright owners. Reproduction in any form, printing or downloading of part or all of the contents is forbidden save in accordance with the licence granted below.
- Licence to copy for personal use: You may print copies of any item in hard copy provided that you do not edit, alter, amend or delete any part of it or combine it with other material. You may recopy the material to individual third parties for their personal information only if you acknowledge the Website as the source of the information by including such acknowledgement and the address of the Publisher and the Website in the copy of the material AND you inform the third party that the material may not be copied or reproduced in any way. You may not supply the material to any third party for commercial gain.
- Web Aggregation: If you are a paid-for web aggregator you require a license to redistribute the content of this site.
- No Transmission. No part of the Website or the contents thereof may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system. Any waiver of, or failure to delay to enforce, this provision by the Publisher in the event of any breach of it on one or more occasion shall not prevent it from subsequently enforcing it in respect of that or any condition breach.
- Ownership. If you submit content to the Publisher (including without limitation any text, photograph, graphics, video or audio), you grant the Publisher a licence to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display in public that content in any form and media on or in connection with the Site, at no cost to us and for as long as we require and you warrant that you own or have rights to the intellectual property in such content and have the right to grant this licence. You waive any moral rights in your contribution. You will indemnify us and keep us indemnified from and against all costs, claims, damages and expenses made against or incurred by us as a result of a third party alleging that the use of such content by us infringes the intellectual property rights of a third party.
- Submissions. When submitting content, you agree not to do any of the following:
- defame, abuse, harass, stalk, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, rights of intellectual property, confidentiality, or rights of privacy);
- upload or transmit any material which is unlawful, indecent, defamatory, hateful or racially, ethnically or otherwise offensive or objectionable, politically sensitive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
- upload or transmit files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received and can prove all necessary consents;
- upload or transmit any materials that infringe any patent, trademark, copyright or other proprietary rights of any third party;
- upload or transmit material that you do not have a right to make available under any law or contractual or fiduciary relationship (such as confidential information);
- upload or transmit any computer viruses, macro viruses, Trojan horses, worms, corrupted files or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or other electronic device;
- use the system of uploading or transmitting content (or any part thereof) in a way that may cause the system (or the servers or networks connected to the system) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the system is in any way impaired;
- where you are not the author of any material you are uploading or transmitting, delete any author attributions, legal notices or proprietary designations within the material.
TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS (NEWSPAPER AND WEBSITE)
The Publication and the Website are produced and published by the Publisher.
In these Conditions:
- "the Publisher" means NonStop Gh and its associated Agency Companies.
- "the Advertiser" means any person or company placing with the Publisher an order for the publication of an advertisement in any of the Publisher’s newspapers, other publications and/or hosted websites. For the avoidance of doubt, in this section the words "published" or "Publication" shall mean published in any newspaper and/or on any Website(s) owned and produced by the Publisher.
Orders for insertion of advertisements in the Publication and/or on the Website are accepted subject to the following conditions:-
- Warranty. The placing of an order constitutes a warranty from the Advertiser and/or advertising agency to the Publisher:
- that the advertisement is legal, decent, honest and truthful, complying with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation; and
- that the advertisement is not defamatory and does not infringe the copyright, moral rights or any other rights of any third party.
- Links. No hyperlinks or metatags may be included in any advertisements save with the express prior permission of the Publisher.
- Indemnity. The Advertiser and/or advertising agency agrees to indemnify the Publisher in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s).
- No Guarantee. While every endeavour will be made to meet the wishes of advertisers, the Publisher does not guarantee the publication of any particular advertisement or its publication on any particular date or in a particular part or edition of the publication/website or to be inserted under a particular classification.
- Errors. It is the responsibility of the Advertiser/advertising agency to check the first appearance of any series of advertisements and notify the Publisher immediately of any errors. The Publisher assumes no responsibility for the correction of errors unless notified by the Advertiser. In the event of any error, misprint or omission in the Publication or the Website of an advertisement or part of an advertisement (however caused) the Publisher will either re-publish 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-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
- Limitation of Liability. In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed:
- the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose; or
- the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which the liability arose.
- Save as set out above, the Publisher accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of publication of any advertisement or of any title or website in which any advertisement is or was scheduled to appear.
- Without prejudice to the foregoing, the Publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward replies to box numbers to the Advertiser (however caused). The advertiser hereby authorises the Publisher to return to its originator or destroy any communication which, in the reasonable opinion of the Publisher, should not be delivered to the Advertiser.
- The Publisher may refuse any advertisement or if already accepted, 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; and
- require any alteration it considers necessary or desirable in any advertisement.
- Refusals and Amendments. Mail order advertisements will not be accepted for publication by the Publisher unless the Advertiser completes and returns to the Publisher a Mail Order Guarantee Form, produced by the Newspaper Society, prior to the deadline for publication of the advertisement.
- Cancellation. An advertising agency may cancel any unexpired part of an order without penalty in the event of the death or failure of its client. Orders cannot be cancelled once the Publisher has commenced to carry out the order in accordance with the first publication date requested by the Advertiser. In other cases the Publisher will require seven clear working days’ notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less that twenty-eight clear working days’ notice. All cancellations must be notified in writing. E-mail notification of cancellation is not acceptable.
It is the responsibility of the Advertiser to retain a note of any ‘stop number’ issued by the Publisher.
- Self Service Advertising. The Publisher reserves the right to edit any advertisements created through its online self service facilities. The Publisher may remove photographs and alter text based content. It is the responsibility of the Advertiser to check their self-created online advertisement on a regular basis and to notify the Publisher of any apparent issues. All self service access is password controlled. It is the responsibility of the Advertiser to keep their password confidential. You, the Advertiser, are completely responsible for activities that happen under your account and password. If you think there has been unauthorised use of your account or password, you agree immediately to notify the Publisher and co-operate with the Publisher to resolve it. The Publisher will not issue compensation should the web site be temporarily unavailable for any period of time. Any notice of advertisement withdrawal must be submitted to the Publisher in writing. The Publisher will endeavour to carry out the request within a time period agreed with the Advertiser.
- Copyright. The copyright for all purposes in all artwork, copy, video, audio and other material which the Publisher or his employees have originated, contributed to or reworked shall vest in the Publisher. The Advertiser authorises the Publisher to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisements (including, but not limited to text, artwork, video and photographs) and to include and make them available in any information service, electronic or otherwise.
- Consents. The placing of an order by the Advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or any other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and (b) any material the copyright in which vests in a third party.
- Risk. Any material submitted by the Advertiser is held by the Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement unless the Advertiser has given instructions to the contrary.
- Box Numbers. The Publisher will endeavour to forward all replies to a box number to the Advertiser as soon as is possible after receipt, 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 examine material passing through boxes and to return to its originator any communication which, in the opinion of the Publisher, should not be delivered to the Advertiser. Advertisements from dealers are not accepted under a box number.
- Rates. The rates charged for the transmission of any advertisement shall be those set out in the Publisher's rate card in force at the time the order is placed. The rate card is subject to change at any time and may vary between Companies and publications within the NonStop Gh. Copies are available on request. It is the responsibility of the Advertiser to bring to the Publisher's attention at the time of booking any discount, allowance or exemption from VAT (Value Added Tax) to which entitlement is claimed.
- Advertising Agencies. Commission will only be granted to agencies formally recognised by the Newspaper Agency or the Publisher at the time of placing the order. The rate of commission payable will be determined by the Publisher and may be varied or withdrawn at the Publisher's discretion at any time, subject to giving the advertising agency seven days written notice thereof. All advertising agencies claiming commission must quote order numbers for every booking made. The Publisher reserves the right to vary these terms of acceptance of advertising and payment in respect of any advertising agency at the Publisher's discretion, subject to giving the advertising agency seven days written notice thereof.
- Time of Payment. Pre-payment may be required for any advertisement at the Publisher's discretion. Where pre-payment is not required, subject to completion and approval of a Credit Application Form, payment shall be made for each advertisement within seven days of the date of the invoice, except that payment of advertisements charged to an approved credit account shall be made no later than:
- that specified to the Advertiser when credit terms are granted; or
- the 30th day of the month following the month in which the invoice was dated.
Should the Advertiser be in breach of these terms, or of any contract with the Publisher, then the full amount in respect of all advertising published and all other amounts accruing from the Advertiser shall become due and payable. The Publisher reserves the right to withdraw credit facilities from any Advertiser at the Publisher's discretion subject to giving the Advertiser seven days written notice thereof, if practicable, or forthwith upon the issue of any Court proceedings against the Advertiser. All payments must be accompanied by the remittance advice issued by the Publisher or a similar document approved by the company. Any query in respect of an invoice must be brought to the attention of the Publisher in writing within seven days of its issue.
The Publisher shall be entitled to add to any sums due any reasonable costs and expenses (including administrative costs) incurred by the Publisher in obtaining payment. The Publisher shall be entitled to an administration charge from the Advertiser of £25.00 in respect of any cheque tendered which is not met upon presentation, or for any unmet Direct Debit (and to vary this charge at any time without notice). The Publisher reserves the right to exercise a lien over any documents or other property of the Advertiser in its possession if the Publisher's charges are not paid in accordance with these terms and/or the Publisher's rate card from time to time.
- Data Protection. The Publisher will hold personal information obtained in dealings with customers and process it in accordance with the Publisher’s Data Protection Notice. A primary use of Advertiser personal information is for the marketing purposes of the Publisher and its associated business partners. If an Advertiser does not wish for their personal information to be used for this purpose this should be indicated at the time of booking the advertisement. Any subsequent request to remove consent for personal information to be used for marketing purposes should be submitted in writing to NonStop Gh, Suite 201, Frimley House, 35 High Street, Frimley. Surrey. GU16 7JQ.
- Disclosure of Identity. The Publisher reserves the right to disclose the name and address and any other account details of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where the Publisher in its sole discretion deems it reasonable, to other third parties.
- Advertising Orders. Advertising 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 "Copy instruction - not an order".
- The Newspaper Society. The terms of the Recognition agreement between the Newspaper Society and the Publisher, or between the Newspaper Society and the Newspaper Proprietors Association and recognised advertising agencies are deemed to be incorporated in these conditions of acceptance of advertisement orders for the publication and transmission of all advertisements accepted from the recognised advertising agency. Without prejudice to the generality of these terms, these conditions of acceptance specifically extend to any personal guarantee given by the Directors or any other person on behalf of a recognised agency at the time of recognition in respect of any unsatisfied liabilities of the agency in the event of the agency’s liquidation or insolvency. Such guarantee is part of these conditions of acceptance.
- Acceptance. 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 or advertiser’s order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.
- The Publisher is committed to protecting your privacy. The Publisher knows that you care how information about you is used and appreciates your trust in it to do that carefully and sensibly. At times you will be asked to submit personal information about yourself (name, email address, postcode etc.). By entering your details in the fields as requested you enable the Publisher to provide you with the services you select. Whenever you provide such personal information, the Publisher will treat that information in accordance with this notice and policy. All email correspondence include instructions on how to ‘unsubscribe’ from the service to which you have subscribed. Our services are designed to give you the information that you want to receive, not to bombard you with information you do not want. The Publisher will act in accordance with current legislation. This notice and policy do not apply to companies that the Publisher does not own or control.
- Use of Data. The Publisher will use your personal details and information it obtains from other sources to provide you with its goods and services, for administration and customer services, for credit scoring, for marketing, to analyse your purchasing preferences and to ensure that the content, services and advertising that it offers are tailored to your needs and interests. The Publisher may keep your information for a reasonable period for these purposes or to maintain suppression lists. The Publisher may need to share your information with its service providers, with other companies within the Johnston Press Plc Group and with its agents for these purposes. The Publisher may disclose personal data in order to comply with a legal or regulatory obligation.
- IP Address. When you visit our site, we may also log your IP address, a unique identifier for your computer or other access device.
- Web Beacons. The Publisher also includes web beacons (also known as clear GIFs or web bugs) in its emails to track the success of its marketing campaigns. This means that if you open an email from the Publisher it can see which pages of the Website you visit. The Publisher’s web beacons do not store additional information on your computer, but by communicating with the cookies on your computer, they can tell the Publisher when you have opened its email. The Publisher will still know how many of its e-mails are opened and will automatically receive your IP address, a unique identifier of your computer and other access device, but this will not identify you as an individual.
- Credit References. In assessing your application for credit, to prevent fraud, to check your identity and to prevent money laundering, the Publisher may search the files of credit reference agencies who will record any credit searches on your file. The Publisher may also disclose details of how you conduct your account to such agencies. The information may be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated, for fraud prevention, money laundering prevention and occasionally for tracing debtors. Information used for these purposes will include publicly available information such as electoral roll, county court judgments, bankruptcy orders or repossessions.
- Credit Reference Agencies. The Publisher may ask credit reference agencies to provide a credit scoring computation. Credit scoring uses a number of factors to work out risks involved in any application. A score is given to each factor and a total score obtained. Where automatic credit scoring computations are used, acceptance or rejection of your application will not depend solely on the results of the credit scoring process.
- Sharing Data. The Publisher may also share your information with its business partners in the travel, property, automotive, financial services, leisure, entertainment, advertising, media, retail and mail order business for marketing purposes or it may send you information about other organisations’ goods and services. The Publisher or its business partners may contact you by mail, telephone, fax, e-mail or other electronic messaging service with offers of goods and services or information that may be of interest to you e.g. holidays, cars, property, financial and leisure services, entertainment, media products, advertising, clothing or household goods. By providing the Publisher with your fax number, land line and/or mobile telephone numbers or email address you consent to being contacted by these methods for these purposes. If you do not wish to receive marketing information from the Publisher or from the Publisher’s business partners tick the appropriate box or include the appropriate command word on the form you complete.
- Sensitive Personal Data. By providing the Publisher with your personal information, you consent to it processing your sensitive personal data, such as health data, for the purposes in Paragraph 8.
- Transfer of Personal Data out of the UK. By providing the Publisher with your personal information you also consent to the Publisher transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary for the above purposes. If the Publisher does make such a transfer, it will, if appropriate, put a contract in place to ensure that your information is protected.
- Third Party Data. If you provide the Publisher with information about another person, you confirm that they have appointed you to act for them, to consent to the processing of their personal data including sensitive personal data and that you have informed them of the Publisher’s identity and the purposes (as set out above) for which their personal data will be processed.
- Secure Server Software. The Publisher offers the use of a secure server when you place orders or access your account information. SSL (the secure server software) encrypts your information before it is sent to us. The Publisher also takes appropriate measures to ensure that the information disclosed is kept secure, accurate and up to date and kept only for so long as is necessary for the purposes for which it is used.
- Links to Third Party Sites. The Publisher links to a wide variety of other sites and it displays advertisements from third parties on the Website. The Publisher is not responsible for the content or privacy policies of these sites and third party advertisers, nor for the way in which information about their users is treated. In particular, unless expressly stated, the Publisher is not an agent for these sites or advertisers nor is it authorised to make representations on their behalf.
- Changes to this Policy. This data protection notice may change and therefore you should review it regularly. The Publisher will of course notify you of any changes where we are required to do so.
DISABILITY ACCESS STATEMENT
The Website has been built in compliance with W3C WAI standard Single A, to ensure accessibility to all users, irrespective of their physical ability.
Great effort has been employed to ensure old content meets the above standards. Due to high volumes of content not all old content meets the W3C WAI standards.
The site is tested to support IE6, Mozilla, Firefox and Chrome.
The Publisher is dedicated to supporting all users. If you experience any difficulties using the Website please contact the Publisher.