Terms

Newton Mearns website user terms and conditions of use

1. TERMS AND CONDITIONS OF USE

These Terms govern your use of this Website. Please read these Terms carefully. If you do not agree with any of the Terms do not use this Website. If you continue to use this website you will be deemed to have accepted these terms and conditions.

2. USE OF MATERIALS

2.1 For the purposes of these Terms and Conditions, "materials" means material including, without limitation, text, video, graphics and sound material, published on Newton Mearns whether copyright Newton Mearns Limited or a third party.

2.2 You may download and print extracts from the materials for your own personal non-commercial use only.

2.3 You may make an electronically stored, transient copy of the extracts from the materials for the purpose of viewing it while connected to the Internet only.

2.4 You may only make one copy of any extracts from the materials.

2.5 Except as otherwise stated above, the materials may not be copied, reproduced, reformatted, distributed, emailed, faxed, republished, downloaded, displayed, posted or transmitted in any form whatsoever, or by any means, without explicit written permission of Newton Mearns.

2.6 You may not display, distribute, or copy any of the materials to any third party. This includes, but is not limited to, "caching" or "mirroring" any materials for access by third parties.

2.7 Newton Mearns may be prepared to allow you to distribute or reproduce parts of the materials in certain circumstances. Please email Newton Mearns if you wish to apply for permission to do so.

3. COPYRIGHT

3.1 Unless otherwise stated, the copyright in the materials are owned by or licensed to Newton Mearns. All rights reserved.

4. DATA PROTECTION ACT

4.1 Newton Mearns agrees to comply with all relevant legislation including all provisions of the Data Protection Act 1998.

4.2 Unless you have indicated that you do not wish to receive direct digital marketing material, your personal details will be included on a database compiled for direct digital marketing purposes. From time to time you may receive direct digital marketing information, either from us or from third parties.

4.3 If you have not indicated that you do not wish to receive direct digital marketing material, but change your mind about this, you should notify Newton Mearns. As soon after this as is reasonably practicable, we will remove your name from the direct digital marketing database

4.4 By agreeing to these Terms, you consent to information about you being collected and held by Newton Mearns. Please see our privacy policy.

5. YOUR OBLIGATIONS

5.1 You undertake to ensure that all information provided to an advertiser on this Website either directly or indirectly is in all respects, true and accurate and not misleading or deceptive or unlawful. You undertake to indemnify Newton Mearns in respect of any failure to do so.

5.2 You expressly warrant that you are over 18 years of age and are a United Kingdom resident.

5.3 You must not rely on any materials we have published on Newton Mearns without first taking specialist professional advice.

6. DISCLAIMER OF LIABILITY

6.1 Newton Mearns does not accept any responsibility for any statement in the materials. Nothing in the material is provided for any specific purpose or at the request of any particular person.

6.2 Newton Mearns does not accept any responsibility liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to or inability to use the materials or any part of it.

6.3 The materials may contain technical inaccuracies and/or typographical errors, may be updated from time to time and may sometimes be out of date. Newton Mearns accepts no responsibility as to the accuracy, completeness or fitness for any purpose of any materials on, or the reliability of access to this Website (or any website that is, or may become, linked to this Website). Newton Mearns accepts no responsibility for keeping materials up-to-date or any liability resulting from its failure to do so.

6.4 Newton Mearns shall have no liability for any lost data.

6.5 Newton Mearns reserves the right, at its discretion, to remove/delete any data.

6.6 You can access other sites via links from Newton Mearns. These sites are not under our control and Newton Mearns is not responsible in any way for any of their contents.

7. WARRANTIES AND REPRESENTATIONS

Newton Mearns makes no warranty or representation:

7.1 that it has verified any of the materials on this Website (or any website that is, or may become, linked to this Website) or has vetted any advertiser either as to their status or bona fides;

7.2 that any of the materials on this Website (or any website that is, or may become, linked to this Website) is free from any computer viruses, "cookies", or any other malicious or impairing computer programmes. You must take your own precautions in this respect as Newton Mearns accept no responsibility in this respect.

8. THIRD PARTY MATERIALS

You will see advertising material submitted by third parties on Newton Mearns. Individual advertisers are solely responsible for the content of advertising material which they submit to Newton Mearns, including ensuring that it complies with all the relevant legislation. Newton Mearns accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

If you want to advertise on Newton Mearns, please e-mail info@armchairadvice.co.uk

9. GOVERNING LAW AND JURISDICTION

The use of this Website and these Terms shall be governed by, and construed in accordance with, the laws of England and each party irrevocably submits to the exclusive jurisdiction of the English courts.

10. CONTRACTING PARTY

Newton Mearns is a trading name of Greg Paine, registered office Thicket Meadows North, Newlands Drive, Maidenhead, Berks. SL6 4LL.

11. REVISION

Newton Mearns hereby reserves the right to revise these Terms at any time. Please ensure that you review these terms and conditions regularly. You will be deemed to have accepted a variation if you continue to use the site after a variation has been posted.

12. Force majeure

Although we will do our best to provide constant, uninterrupted access to Newton Mearns, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

© Newton Mearns 2006

Newton Mearns website advertiser terms and conditions of use

1. ADVERTISER TERMS & CONDITIONS

These Terms are deemed accepted by the Advertiser when the Services of Newton Mearns have been accessed or ordered by the Advertiser.

2. DEFINITIONS

The "Advertiser" includes, without limitation, any person using and purchasing the Services.

The "Advertisement" includes, without limitation, any materials placed on or linking to the website by or on behalf of the advertiser.

The "Person" includes, without limitation, consultants, employers, recruitment consultancies, employment agencies and advertising agencies using the system to place advertisements or materials.

In the circumstance of any agency acting on behalf of one of their own clients, Newton Mearns will charge the agency, and not the agency's client.

The "Applicant" includes, without limitation, means any person applying to any materials advertised on the Website.

The "Services" means the service provided by Newton Mearns of placing advertising or materials on the Website.

The "Website" means any electronic service provided by Newton Mearns or connecting to it in any manner.

3. OBLIGATIONS OF Newton Mearns

Newton Mearns agrees to use its reasonable endeavours to enable Applicants the facility of viewing the adverts of Advertisers on the Website.

4. OBLIGATIONS OF THE ADVERTISER

4.1 The Advertiser undertakes to use all reasonable precautions against access of the Website by any unauthorised persons including, without limitation, the use of user names and passwords and the securing of information relating to communications between Advertisers' hardware and the Website.

4.2 The Advertiser undertakes to comply with the provisions of the Data Protection Act 1998 and any other relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.

4.3 The Advertiser is responsible for ensuring that the content of any advertisement is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation.

4.4 The Advertiser agrees to comply with all relevant industry Codes of Practice.

4.5 The Advertiser acknowledges that it is not vested with any proprietary rights in respect of the Website, or any information submitted by any Applicant or derived from any applicant.

4.6 The Advertiser shall indemnify Newton Mearns against all claims made by third parties in respect of the misuse of data supplied to the Advertiser.

4.7 The Advertiser shall ensure that the Applicant is fully aware of any conditions imposed by law which must be satisfied by the Applicant.

5. RATES

The advertising rates shall be those rates as agreed between Newton Mearns and the Advertiser from time to time.

6. PAYMENT

6.1 Payment in respect of the advertisement is due in advance of publication except where Newton Mearns has confirmed its agreement in writing to allow credit to the Advertiser. In this case the due time for payment shall be no later than 2.00pm if (i) the Advertiser is a recognised agency under the Joint Recognition Scheme of the Newspaper Publishers Association Limited and the Newspaper Society, on the last working day of the month following that in which the advertisement appeared; or (ii) in any other case, on the last working day prior to the 16th day following the end of the month in which the advertisement appeared. Full details of each remittance are to be supplied to Newton Mearns by the due time.

6.2 Payment shall mean (i) the receipt by Newton Mearns at its principal place of business (or elsewhere as it may direct) of cash or a cheque subsequently honoured or at its bank of moneys transferred electronically or through the clearing bank's giro credit system; or (ii) payment by credit card.

6.3 If the Advertiser fails to make any payment by the due time then all moneys owing by the Advertiser to Newton Mearns shall immediately become due and payable and the provisions of clause 6.6(b) shall forthwith apply to such moneys.

6.4 It is Newton Mearns practice to provide an invoice for each advertisement. Open item statements are provided to each Advertiser to whom credit is extended at the beginning of each month in which payment is due.

6.5 Liability for payment arises from publication of the advertisement. Further, all items on the statement are deemed to be payable, any errors or omissions must be communicated to Newton Mearns in time to be rectified before payment becomes due. Payment for the advertisement shall be made as aforesaid whether or not the Advertiser provided Newton Mearns with an order number at the time the advertisement was booked.

6.6 The Advertiser agrees to pay to Newton Mearns in respect of each advertisement for which payment is not made by the due time: a) the sum of £30.00 as an administration charge; and b) interest on the amount paid late at the rate of 7% per annum above the base rate of LloydsTSB Bank PLC accruing from day to day (including the date on which payment was due) both before and after judgement.

7. ADVERTISEMENTS

7.1 The Advertiser may cancel an advertisement before the advertisement has completed its term, but shall not be entitled to a refund for the time not used.

7.2 The Advertiser may extend the term of an advertisement at the agreed rate.

7.3 The Advertiser may purchase advertising slots available over an agreed period of time and in respect of which there may be an agreed level of updates (ie replacement advertisements for that slot).

7.4 Newton Mearns reserves the absolute right, without giving any reasons, to decline, cancel or remove any advertisement for any reason and at any time without prior notice.

7.5 Newton Mearns will use its reasonable endeavours to publish the advertisement on the agreed publication date.

7.6 Newton Mearns does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the advertisement.

8. LIABILITY

8.1 Newton Mearns does not verify or guarantee any Applicant's details whether forwarded to Advertiser via Newton Mearns or otherwise. Newton Mearns accepts no responsibility as to the suitability of Applicants who respond to Advertisements.

8.2 The Advertiser shall satisfy itself as to the suitability of any Applicant and any reference information provided about or from the applicant.

8.3 Newton Mearns does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to, indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from Advertiser's use of (or inability to use) this Website.

8.4 Newton Mearns makes no warranty that this Website is free from computer viruses, "cookies", or any other malicious or impairing computer programmes.

8.5 Newton Mearns makes no warranty that this Website will operate uninterrupted and error-free.

8.6 Newton Mearns does not accept liability, of any description, however arising, for any loss or damage caused to any Advertiser, or any other third party, arising from any virus or other impairing computer program contained in any materials submitted by any Applicant.

9. INDEMNITY

The Advertiser agrees to indemnify and to keep indemnified, Newton Mearns in respect of, but not limited to, all damages, costs or liabilities that Newton Mearns may incur arising from an Advertiser's advertisement, and in particular resulting from but not limited to the following:

9.1 the publication of any defamatory statement;

9.2 breach of copyright;

9.3 any claims made by any person in respect of race, religion, age, sex or disability discrimination.

10. REVISION

Newton Mearns hereby reserves the right to revise these Terms at any time. Please ensure that you review these terms and conditions regularly. You will be deemed to have accepted a variation if you continue to use the site after a variation has been posted.

11. Force majeure

Although we will do our best to provide constant, uninterrupted access to Newton Mearns, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

© Newton Mearns 2010