|
Upon placing an order you ("The Advertiser") will bebound
by the following terms and conditions:
1. In the terms and conditions "the publisher" means
Metropolis International (UK) Ltd.
2. The publisher reserves the right to amend the content,
heading, or insertion date of any advertisement. The Publisher
shall make any reasonable attempt, where practicable,
to contact the advertiser prior to such amendment and
the Advertiser shall in these circumstances have the option
to cancel the advertising contract. These conditions will
only apply where the Advertiser does not in his advertisement
comply with relevant legislation or where no new advertising
copy (which is in these terms and conditions means text
and/or graphics as appropriate) has been supplied or where
the Advertiser is an account customer and the Publisher's
credit terms have been exceeded.
3. In all other cases the Publisher will only accept
cancellations or amendments as follows:
|
(i)
|
In the case of advertisements booked to appear
in printed publications, the request for cancellation
or amendment must be received on a Monday before
5pm for the following Mondays issue. Although cancellation
or amendment requests can be made by telephone,
a cancellation number will be given to the advertiser
over the telephone. This cancellation number must
then be quoted in written confirmation of cancellation
or amendment. Telephone cancellations or amendments
will not be accepted in any other circumstances
after the deadline for written cancellation and
amendment.
|
|
|
|
|
(ii)
|
In the case of advertisements booked directly on
line in one of the Publishers electronic products,
notice of cancellation must be given by email from
the Advertiser to the Publisher, following which
the advertisement may then be removed prior t the
original expiry date.
|
4. The Publisher will not be liable for any loss arising
from the failure to publish any advertisement in a specific
section or on a specific page or from the failure to publish
any advertisement in a specific issue or at all is such
failure is caused by circumstances beyond the control
of the Publisher.
5. The publisher shall not be liable in respect of errors
contained in the advertisements, where wrong information
has been supplied to the Publisher by the Advertiser or
where the Advertiser has failed to correct advertising
copy submitted by the Publisher, provided that the Publisher
has allowed the Advertiser sufficient time to correct
the advertising copy.
6. The Publisher shall be entitled to destroy all material
held in respect of any advertisement if the Advertiser
does not reclaim it within 6 months from the date of publication
of the last advertisement.
7.1 Account facilities are only available to trade advertisers.
When assessing applications for credit terms the Publisher
will make a search with a credit reference agency, which
will keep a record of that search and will share that
information with other businesses. The Publisher may also
make enquiries about the principal directors with a credit
reference agency. The publisher will monitor and record
information relating to your trade performance and such
records will be made available to credit reference agencies
who will share that information with other businesses
in assessing applications for credit and fraud prevention.
Such information will also be made available to other
organisations to assess applications for credit.
7.2 The Publisher reserves the right to amend, suspend
or withdraw account facilities at their absolute discretion
without notice. The Publisher shall attempt, where practical,
to contact the Advertiser prior to such amendment, suspension
or withdrawal. This will apply where eg the Publisher
receives unsatisfactory bank references or where an Advertisers
account is unpaid under the Publisher's credit terms.
8. The advertiser should be aware that his advertising
must comply with the current UK legislation including
The Trades Descriptions Act, The Fair Trading Act, The
Consumer Credit Act, The Sex Discrimination Act, The Race
Relations Act and The Business Advertisements (Disclosure)
Order. In addition all advertisements must comply with
the British Code of Advertising Practice.
9. The Advertiser shall be responsible for any losses,
expenses or other costs incurred by the publisher arising
in respect of the advertisement and/or its publication,
(eg if we have published an advertisement in good faith
and then action is taken against us by a third party because
of the content of the advertisement). This term will apply
only where the Publisher has not acted negligently.
10. Where the Publisher has (without making an additional
charge to the Advertiser for doing so) prepared or arranged
for the preparation of artwork, drawings, sketches, photographs
and text the Advertiser here grants to the Publisher all
intellectual property rights in such artwork, drawings,
sketches, photographs and text and these shall at all
times remain the Publishers property. No license is granted
to the Advertiser or any other person in respect of these
intellectual property rights. The Advertiser undertakes
not to reproduce or authorise any other person to reproduce
the said artwork, drawings, sketches, photographs and
text without the written consent of the Publisher.
11. The Advertiser agrees to notify the Publisher of
his trading status. It is an offence for traders to represent
themselves as private advertisers. The publisher can accept
no liability in respect of any trade advertisement where
the Advertiser's status as a trader has not been disclosed
to them.
12. The Advertiser is responsible for ensuring that noadvertising
copy supplied to the Publisher: (i) infinges or prejudices
the rights of any third party (including intellectual
property rights); or (ii) is defamatory of any third party;
or (iii) infringes any laws, regulations or voluntary
codes of conduct within any country in which the advertisement
is to bepublished.
13. All advertising copy must be received prior to the
Publisher's copy deadline and the Publisher shall not
be liable in the event of late delivery of copy by the
Advertiser. It is the responsibility of the advertiser
to supply copy to the Publisher and if it is not received
within the copy deadlines, the Publisher shall be entitled
to publish a previous advertisement (if appropriate).
The publisher shall in these circumstances attempt, where
practicable, to contact the Advertiser prior to publication.
14. The Publisher shall be entitled at its election,
and without additional cost to the Advertiser, to publish
the Advertiser's advertisement, or an appropriate extract,
additionally in other formats(including electronic formats)
than the format in which the advertisement was originally
booked, UNLESS the Advertiser instructs the Publisher
no to do so.
15. It is the intention of the publisher that all the
terms of the agreement between the Publisher and Advertiser
are contained in this document. If the advertiser wishes
to rely on any variation to these terms, such variations
must be agreed with the Publisher at the time that the
contract is entered into and confirmed in writing to the
Publisher as soon as possible thereafter. 16. The agreement
will be governed by the law of England and Wales and the
Publisher and Advertiser agree to submit to the exclusive
jurisdiction of the Courts of England and Wales in respect
of any disputes arising under the agreement.
Notes: All advertising is subject to the approval of
advertising copy and, where appropriate, an Advertiser's
Undertaking form must be completed.
Access to the Website is subject to the following terms and conditions. Please take the time to read through these before continuing to use the Website.
On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.
In these terms and conditions:
"we/us/our" means Metropolis International (UK) Ltd trading as iemuk.com;
"Website" means the Website;
"you"/"your" means the user of the Website.
Content
In consideration of our agreeing to permit you to use the Website to search our database of products, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of products to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the product or service in question.
The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material. The products and services advertised on this website from private and trade dealers are not endorsed or sold by IEM in any way and responsibility for any goods or services lie with the vendor.
We give no warranties, conditions, guarantees or representations, express or implied, as to:-
(a) the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
(b) the content of the advertisements for products included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such products;
(c) the completeness of the results of any search of our database or that the products selected by the search are the only products on our database which might meet the searcher's requirements.
(d) Any prices given for products or services on this website by advertisers should be seen as indicative only and maybe subject to change. It is the users responsibility to check these with the vendor before purchasing.
Copyright and trade marks
All rights, including copyright, in the content of these web pages and in the photographs of any products displayed on the Website from time to time and all database rights in our database of products, are owned or controlled for these purposes by us.
All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trade marks, names or logos.
Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.
Liability
We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an "as is" and "as available" basis.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
We shall not be liable for any damages, including without limitation, direct, indirect or consequential damages, howsoever arising out of your use of the Website or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on the Website or any website to which the Website is linked.
Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence.
Links to other sites
The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
Links to the Website
You may establish a hypertext link to the home page of the Website, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.
Registration details
To gain access to certain services on the Website you may need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
General
We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 7 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.
These terms and conditions of access together with our privacy policy contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law.
If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.
If you do not agree to obey these terms and conditions you must stop using the Website immediately.
Correspondence
All correspondence relating to the Website should be sent to:
IEM
Commercial Union House
42 Mawdsley Street
Bolton
BL1 1LF
Email: admin@iemuk.com
Telephone: 01204 399000
|