Terms and conditions
Please read this agreement carefully. It sets out the terms under which MGN Ltd offers you use of its interactive services as defined in clause 1.1 of this agreement and this website ("the Site")." BY USING ANY OF THE INTERACTIVE SERVICES AND/OR THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.
USER TERMS & CONDITIONS ("the agreement")
This agreement is made between you and MGN Ltd (registered number 2571173) whose registered office is One Canada Square, Canary Wharf, London E14 5AP ("MGN Ltd"). MGN Ltd’s VAT number is 440 3567 67
1. Interactive Services
1.1 MGN Ltd may make available to you chat areas, forums and/or other means by which communications, including User Generated Content, may be made available and/or disseminated publicly on the Site; shopping and other commercial and/or transactional services; advisory services; and/or competitions and/or prize draws (all together the "Interactive Services").
1.2 The Interactive Services may be operated by third parties and where they are this will be made clear to you. Where such Interactive Services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without MGN Ltd as a party and MGN Ltd cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
2. Use of the Site and the Interactive Services
2.1 The Site and the Interactive Services are for personal and non-commercial use only. You may download and print portions of the Site and/or the Interactive Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Interactive Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site and/or the Interactive Services, including User Generated Content (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of MGN Ltd is strictly prohibited. You also agree not to frame to the Site for any purpose, unless specifically authorised by MGN Ltd to do so.
2.2 You agree that you shall not use the Site or the Interactive Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm MGN Ltd's computer systems or any third party computer system; and
2.3 (a) You agree that you will not submit any material to the Site, including, without limitation, comments, reviews, ratings and material included on your Profile page ("User Generated Content”):
(i) that is in any way, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
(ii) in respect of which you do not have the necessary licences or approvals;
(iii) which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world;
(iv) which is or could be technically harmful;
(v) which is or may be deemed to be advertising or promotional materials including "spam” email;
(vi) which makes excessive demands for bandwidth;
(vii) which is inaccurate or misleading.
(b) You will not impersonate any person or entity when submitting User Generated Content or misrepresent any affiliation with any person or entity.
(c) You acknowledge that MGN Ltd has no obligation to monitor any User Generated Content but MGN Ltd has the sole discretion to modify or delete any such User Generated Content in its sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such User Generated Content anywhere in the world.
(d) In the event that you are in breach of these Terms and Conditions and/or MGN Ltd’s Standards for User Generated Content at any time, MGN Ltd may forthwith terminate any account that you have with it and you may not open another account with MGN Ltd and MGN Ltd reserves the right to terminate any such account. In the event that you continue to contravene these Terms and Conditions and/or the Standards for User Generated Content MGN Ltd reserves the right to contact your employer, school or college or your internet service provider.
(e) MGN Ltd will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of or any other information in relation to anyone who has submitted User Generated Content to MGN Ltd in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content. We may also disclose such information where we are advised by our lawyers that a court order would be granted requiring us to disclose it, even if no legal proceedings have been commenced in relation to the same.
(f) The Site enables users of the Site to view the Profile pages of registered users and enables registered users with Profile pages to share personal data with other registered users who have Profile pages. You agree that you will only use other users’ personal data published on the Site in accordance with the applicable laws and regulations (including, without limitation, data protection laws) and, without limitation to the other provisions of these Terms and Conditions, that you will only use other users’ personal data for lawful purposes and as expressly permitted by such other user(s).
(g) You will not access or attempt to access the accounts of other users or penetrate or attempt to penetrate MGN Ltd’s security measures.
(h) You acknowledge that submitting any UGC to the Site does not guarantee that the UGC, or any part of it will appear on the Site. You cannot edit or remove UGC once you have submitted it to the Site. However, if you become aware of any inaccuracy in UGC submitted by you, please contact MGN Ltd at firstname.lastname@example.org
2.4 If you publish any User Generated Content via the Interactive Services by way of contributions to chats, discussions or user reviews or comments or via your Profile page, you automatically and hereby grant to MGN Ltd a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content into any form, medium or technology now known or hereafter developed. In addition, as between you and MGN Ltd, you assert and waive any and all moral rights in such User Generated Content.
2.5 The intellectual property in all design, text, graphics and other material (other than User Generated Content) and the selection or arrangement of such material in the Site and/or the Interactive Services is owned by MGN Ltd and/or its respective licensors.
2.6 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site and/or the Interactive Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Sites, the Interactive Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services and/or the UGC has been so made available for guidance only. MGN Ltd has no responsibility or control over the contents of UGC which may not be accurate and MGN Ltd cannot be held liable for any contents of UGC or any consequences of you relying on it. Please be aware that any information and/or data in UGC provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any UGC.Your use of all and any information and/or data included in and/or on the Sites, the Interactive Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services and/or the UGC is therefore entirely at your own risk. All liability of MGN Ltd, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Interactive Services is expressly excluded to the fullest extent permitted by law.
2.7 The Site and/or the Interactive Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and MGN Ltd is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
Sometimes we include links to other websites; if you click on one and make a purchase of a product or service, we may receive a commission
2.8 The onus for ensuring that material presented on the Internet is legal rests with the original content provider, and MGN Ltd will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of these Terms and Conditions. Notwithstanding, MGN Ltd shall have the right to remove any items it believes may be illegal or otherwise in breach of these Terms and Conditions.
2.9 MGN Ltd is the owner of:
(a) those trade mark(s) indicated as such throughout the Site from time to time; and
(b) all other trade marks used in the Site and/or the Interactive Service which are not licensed to it by any third party.
All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
2.10 The provisions in clause 5 on Data Protection and Use of Personal Information apply in respect of your use of the Site and/or the Interactive Services.
3. Availability and Security of the Site and the Interactive Service
3.1 Due to the nature of the Internet, MGN Ltd does not promise full and error free operation of the Site and/or the Interactive Services at all times. All liability of MGN Ltd, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Interactive Services is excluded, insofar as it is possible to do so in law.
3.2 MGN Ltd shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on you are kept secure. However, due to the nature of the Internet, MGN Ltd cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that MGN Ltd is unable to exclude such liability by law).
4.1 Where you are asked to complete a MGN Ltd registration form the personal details that you provide must be true, accurate and complete.
4.2 You will keep your password(s) relevant to the Site and/or the Interactive Services and/or UGC confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the Site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify MGN Ltd immediately by email to email@example.com of any unauthorised use of your account of which You become aware.
4.3 You will not create additional accounts for the purpose of abusing the functionality of the Site or other users or for any other reason in breach of these Terms and Conditions.
4.4 You can cancel your registration at any time by contacting firstname.lastname@example.org .
5. Data Protection and Use of Personal Information
The Site and the Interactive Services are currently made available without charge to you by MGN Ltd. However, you are responsible for all telephone charges necessary to access and use the Site and the Interactive Services which are made available.
MGN Ltd may permanently terminate your access to the Interactive Services immediately for any reason.
Where a claim is brought against MGN Ltd by a third party in relation to your use of the Site and/or the Interactive Services and/or any User Generated Content you agree to fully reimburse MGN Ltd and all companies within the MGN Ltd group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by MGN Ltd or companies within the MGN Ltd group in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Interactive Services and/or any User Generated Content which is included on the Site and/or the Interactive Services.
9. Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
11.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without MGN Ltd's prior written consent.
11.2 MGN Ltd reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as MGN Ltd or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
12. No Waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
13. Variation of Terms
MGN Ltd reserves the right to vary this Agreement from time to time and such changes shall become effective as soon as they are posted. Your continued use of the Site constitutes your agreement to all such changes.
14. Law and Jurisdiction
Where the Site and/or the Interactive Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Interactive Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.
Conditions of Advertisements
The following conditions govern the Publisher’s dealings with all advertisements of any kind and in any format (referred to below as "adverts”) submitted for publication in the Publisher's print/digital publications and/or websites. These conditions apply to each contract for the publication of an advert.
1."The Publisher” means the proprietor of the publication and/or the website in which the advert appears. "The Advertiser” means the person, firm, company, organisation, or representative of any such party, who places an order with the Publisher for the insertion of an advert in any of the Publisher’s print/digital publications and/or websites.
2.The Advertiser warrants that:
a) it has full power and authority to enter into a contract for the publication of an advert on these conditions and perform its obligations under all such conditions;
b) the advert (and any description of any goods, services or schemes featured in it) is accurate and not misleading, deceptive or fraudulent, and does not include or amount to any aggressive commercial practice or otherwise contravene the provisions of the Consumer Protection from Unfair Trading Regulations 2008 or the Business Protection from Misleading Marketing Regulations 2008;
c) the advert complies with all relevant laws, statutes, regulations and codes of practice applicable in the UK, the European Union and any territory targeted by the advert, including the British Code of Advertising Practice currently in force and the codes, rulings, determinations and requirements of the Advertising Standards Authority;
d) the advert does not include, or provide access to, any promotion or advertisement of any activities, services or products of an unlawful or immoral nature, such as hate or abuse, mail fraud or spam, racism or discrimination of any manner, illegal substances, pornographic materials, pyramid schemes, betting and gambling, weaponry, and politically sensitive materials;
e) any advert offering credit or hire facilities complies with the Consumer Credit Act 1974 and all regulations made under it;
f) in respect of any advert offering financial products and/or investment services or advice, the Advertiser and the advert comply with the provisions of the Financial Services and Markets Act 2000 and all regulations made under it, and will ensure that the advert does not suggest (including by implication) that the products, services or advice being advertised are promoted or endorsed by the Publisher;
g) the publication of an advert will not breach any contract or infringe any copyright, trademark, intellectual property right or other personal or proprietary right of any person;
h) if the advert contains information from which any living individual could be identified (for example, a person's name or picture), the Advertiser has obtained that individual's consent to the submission and publication (and re-publication) of the advert by the Publisher, and their acceptance of these conditions; and
i) the advert is not defamatory, does not constitute contempt of court, complies where relevant with the Representation of the People Act 1983 and subsequent election law, and is decent, honest and truthful.
Advertisers placing adverts offering goods or services of a business, commercial or trade nature will be deemed "Trade Advertisers”, and as such, must include their names in the advert. Trade Advertisers must make it clear they are selling goods in the course of business either by content, format, size or place of the advertisement, or by including words such as "trade”, "dealer”, "agent”, "wholesaler”, "(T)” etc., in each advert they submit for publication.
Subject to clauses 7 and 8 hereof, the Publisher accepts no liability whatsoever for any loss or damage however caused, arising out of:
a) any error, inaccuracy or omission in the printing of any advert;
b) any failure to publish an advert on the day/date or days/dates specified by the Advertiser;
c) breach by the Advertiser of any of the warranties set out in clause 2 above;
d) any delay in forwarding, or omission to forward, replies to box numbers to the Advertiser; or
e) the publication (or any re-publication in accordance with clause 9) of any advert.
The Publisher will use reasonable endeavours to publish adverts on the day/date or days/dates specified by the Advertiser but insertion days/dates cannot be guaranteed. In particular, the Publisher reserves the right to delay publication of the advert in the event of any urgent or important news-related occurrences (such as terrorist attack, war, major disaster or other important news events).
The Publisher does not review any adverts submitted by any Advertiser before publication. In the event that the Publisher has reason to believe or becomes aware prior to publication that the contents of the advert is in breach of these conditions, the Publisher reserves the right to reject the advert, and in such a case, the advert will not be published and the Advertiser will remain liable to pay the Publisher’s full charges.
Whilst every effort is made to minimise errors in adverts, mistakes sometimes occur. The Publisher will use reasonable efforts to ensure that adverts submitted by Advertisers are reproduced for publication accurately at all times. However, Advertisers should check their adverts and inform the Publisher of any errors immediately. The Publisher cannot accept responsibility or liability for any errors within a published advert that:
a) were present in the version of the advert submitted by the Advertiser; or
b) that have not been notified to the Publisher in writing by the Advertiser within 6 days following first publication of the relevant advert. Typographical or minor changes which do not affect the value or meaning of an advert will not count as errors for the purposes of this clause 7. Without prejudice to clause 3, the Publisher’s liability for any errors it introduces into an advert, where proved, is limited to the fees paid by the Advertiser for the advert in question. Without obligation, the Publisher may, at its discretion, settle any such liability by giving a credit for its charge for the advert or publish a corrected version of the advert without charge. The Publisher reserves the right to make reasonable changes to the size of adverts as they appear on the publication, and for the avoidance of doubt, makes no guarantee that an advert will appear exactly in accordance with any size specifications given. Adverts purported to be "full-page” or "half-page” shall be sized at the Publisher’s sole discretion.
The Publisher’s agreement to publish an advert is conditional upon it seeing the proposed advert prior to publication. The Publisher reserves the right to reject part or all of the Advertiser’s copy (wording) or artwork at its sole discretion.
By submitting an advert, the Advertiser authorises the Publisher to re-publish that advert, in whole or in part, and in the same or amended form, in any of the Publisher's print or digital publications or website(s) and/or any supplement to any such publication or website, at any time, without the need to seek any further consent from the Advertiser or any other person.
The submission of an advert by the Advertiser shall be deemed to constitute acceptance of these conditions. The parties expressly agree that any terms stipulated by an Advertiser on an order form or elsewhere shall be superseded insofar as they conflict with any of these conditions.
The charges payable to the Publisher by the Advertiser in return for publication of the adverts will be as set out on the Publisher's relevant website from time to time. All charges must be paid in full by the time the Advertiser submits the advert for publication, unless account credit facilities have been specifically granted by the Publisher. Account credit facilities are granted at the absolute discretion of the Publisher, and the Publisher reserves the right to refuse to grant such account credit facilities as it sees fit.
Advertising agencies and other agents that submit adverts for publication warrant that they contract with the Publisher as a principal even though they may be acting in a representative capacity, and will therefore have full responsibility and liability for compliance with all obligations of Advertisers set out in this agreement.
The contract between the Advertiser and the Publisher shall be construed under, and governed by, the laws of England and Wales, and the parties agree that the English courts shall have exclusive jurisdiction.
It is the responsibility of Advertisers to ensure they are aware of and comply with applicable deadlines, and to ensure that any copy, artwork or assets have been received by the Publisher before any such deadline.
The Publisher will not be liable for any loss of copy, artwork, photographs or other assets. Such items will only be returned at the Publisher’s discretion. The Advertiser must therefore retain sufficient copies of such items for its own purposes prior to submission of any advert.
The Publisher will not provide proof of insertion to the Advertiser unless it is a recognised advertising agency. The Publisher may make a copy of a publication available to an Advertiser at its discretion if a request to do so is made at the time of the booking.
In the event that an Advertiser wishes to cancel an advert, they must submit a written request to do so to the Publisher at least three (3) working days before the intended publication of the advert. Cancellation requests will be considered by the Publisher on a case by case basis, and the Advertiser acknowledges that the Publisher is not obliged to agree to any requested cancellation. Invoices for publication of an advert will remain payable unless cancellation of that advert has been confirmed by the Publisher in writing.
The Publisher will use all reasonable endeavours to forward to the Advertiser any replies to the advert which are sent to the Publisher's mailbox as soon as possible after receipt by the Publisher, but the Publisher accepts no liability in respect of any loss or damage arising or alleged to have arisen, however caused, as a result of any delay in forwarding, or omission to forward, or loss of, such replies.
The Advertiser agrees to the reasonable processing by the Publisher of any personal data relating to the Advertiser, and confirms and warrants that it has sought and obtained consent to such reasonable processing from any other individual who could be identified from the advert (or the advert together with additional information), as defined in the Data Protection Act 1998, for the purposes of providing advert insertion services to the Advertiser, and for any subsequent re-publication of the advert in accordance with clause 9. Processing of such personal data by the Publisher will comply with all relevant legislation, including but not limited to the Data Protection Act 1998. The service requested by the Advertiser may require the Publisher to carry out credit searches with a credit-reference agency which will record the fact that a search has been made. This may necessitate the sharing of the Advertiser’s information with other lenders and credit-reference agencies; however, the Publisher will only use information from such searches to make credit-granting decisions and, if necessary, for fraud prevention or tracing debtors. By placing adverts, the Advertiser gives its consent to its personal data being stored, processed and disclosed for these purposes. If the Publisher is required by Trading Standards, the Police, a court or any other relevant authorities to disclose information relating to any advert or Advertiser, the Advertiser authorises any such disclosure of that information. Any such information will be disclosed by the Publisher in good faith, and the Advertiser acknowledges that it will have no cause of action against the Publisher, and the Publisher shall have no liability to the Advertiser, in respect of any such disclosure.
THE ADVERTISER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. The Advertiser shall indemnify the Publisher against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Publisher arising out of or in connection with:
(a) any breach of any of the warranties contained in clause 2; (b) any breach or negligent performance or non-performance by the Advertiser of this agreement; or (c) any claim made against the Publisher for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the advert.
The Publisher’s obligations do not exceed those contained in these conditions, and any further purported liability of the Publisher is expressly excluded to the fullest extent allowed by law.
No waiver by the Publisher shall be effective except in relation to the matter for which it was specifically given.