BanbridgeGuide.com/Gekkoshot Advertising Terms and Conditions.
Last updated January 2008
You shall deliver advertising content ("Advertisement") for inclusion in one of our websites ("Website") or e-mails to us in compliance with the fields on our booking form ("Booking Form"). We shall have no obligation to publish any Advertisement that is not received in accordance with these Requirements, and reserve the right, where we have reasonable objections, to decline to publish, reject, cancel, modify or edit any Advertisement or Booking Form and remove any Advertisement from any page or position on the Website without incurring any liability or obligation to you.
If we elect not to publish any Advertisement, we shall notify you that this is the case and you must supply alternative copy at your cost as soon as possible and in any case no later than 3 days prior to the intended date of publication or transmission. You shall remain liable to pay in full for any advertising space you have booked, irrespective of whether or not such alternative copy has been supplied to or accepted by us within the above timeframe.
Invoicing and payment
You can pay your advertising fee at the time of returning your booking form. This will make you eligible for a 5% discount of the total fee.
Alternatively we shall invoice you for the Fees on the date on which your listing is published and payment shall be made directly to us within 7 days from that date of publish online. All sums invoiced shall be exclusive of any Value Added Tax properly chargeable which shall remain payable by you, where applicable. Amounts paid after the Due Date shall bear interest at the rate of 4 % per annum above the base lending rate of Barclays Bank plc from time to time from the date when payment should have been paid until the date of actual payment, whether before or after judgment.
6 Month Money Back Guarantee
We offer a full money back guarantee of your listing fee if our service does not live up to expectations.
Terms that apply.
Minimum term is 90 days before a refund can be requested.
A refund can be requested right up until 6 months after your listing has been activated. After the 6 months a refund cannot be issued.
Before a refund can be issued a 60 day review period will be in effect where both parties agree to sign a review agreement that allows Banbridge Guide to continue advertising for the client and exhaust all means of extra promotion to properly reflect our money back offer and demonstrate both parties commitment and input. This agreement can be completed online by request.
Customers cannot request a refund without first entering into a review agreement period with a valid signed agreement of action and intent.
All refund requests must be made in writing to our office address and must include an inv number, account code or listing ref from your listing. Claims missing any of this information will not be processed. All claims have to be made by the original customer and not via a third party or colleague.
Upon receipt of a valid refund claim a full refund will be issued within 30days and your listing will be removed from our website.
By using our service you agreed to these refund and payment conditions
Liability and warranties
Nothing in this document shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. We shall not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent representations) or otherwise arising out of or in connection with this document for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this document, suffered or incurred by that party arising out of or in connection with the provisions of any matter under this document. We exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to our provision of services under this document, whether imposed by statute or by operation of law or otherwise, that are not expressly stated in this document, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
You represent, warrant and undertake to us that the Advertisement complies with all applicable statutes, rules, regulations, guidelines and codes in respect of electronic and on-line advertising and all other relevant industry codes of practice and any other regulations or statutes which may apply and that no Advertisement contains any material which is defamatory or otherwise likely to cause offence or harm to any party.
You shall fully indemnify us forthwith on demand and hold us harmless against any and all expenses, costs, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from any Advertisement.
Without prejudice to any other provision of this Agreement, we shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, transmitter or satellite degradation, failure of the Internet, interruption or failure or any other condition beyond our control affecting production or delivery of the Website and any Advertisements incorporated in it in any manner.
You may not resell, assign or transfer any of your rights under this document without our prior written consent. Unless specifically agreed otherwise in the applicable Booking Form, bookings for advertisements are non-cancellable and non-refundable, and we shall destroy Advertisement copy without further reference to you if it is not published or transmitted for a continuous period of three months.
Unless otherwise expressly stated, nothing in this document shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to this Agreement. This document constitutes the complete and entire agreement between the parties, and (except for any negligent or fraudulent representations) shall supercede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the parties.
This document shall be governed by and construed in accordance with the laws of Northern Ireland, England and Wales and you submit to the non-exclusive jurisdiction of the English/UK Courts.
TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
BanbridgeGuide.com ("BanbridgeGuide.com") brings you this website ("Website") on condition you accept the following terms and conditions ("Terms and Conditions"). Your use of this Website constitutes your agreement to all such terms, conditions and notices. This Website contains links to other websites operated by BanbridgeGuide.com (the "BanbridgeGuide.com Sites"), and your use of each BanbridgeGuide.com Site is also subject to the Terms and Conditions of Use and other terms and conditions, if any, contained within each BanbridgeGuide.com Site.
All Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this Website are copyright BanbridgeGuide.com or its content providers, unless otherwise expressly indicated. All rights reserved.You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of BanbridgeGuide.com. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
3. CONTENT SUBMITTED TO THE WEBSITE
You acknowledge that BanbridgeGuide.com does not always monitor Content (as defined below) submitted by users, but that BanbridgeGuide.com shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, BanbridgeGuide.com shall have the right to remove any Content that violates the Terms and Conditions of Use or is in any other way inappropriate or objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.You may not submit third party proprietory information to BanbridgeGuide.com without first obtaining permission from the owner. Any Content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing BanbridgeGuide.com to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to irrevocably and unconditionally waive on your behalf in perpetuity in respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.
3.1 CONTENT SUBMITTED TO READER GALLERIES AND PORTFOLIOS
By posting your photographs on the Gallery section of this Website you grant BanbridgeGuide.com an irrevocable, royalty free, non-exclusive, worldwide license allowing BanbridgeGuide.com to display your work on this Website. BanbridgeGuide.com undertakes not to publish your images outside of this Website without obtaining your permission first.
4. LINK TO THIRD PARTIES
This Website and the BanbridgeGuide.com Sites may contain links to websites operated by parties other than BanbridgeGuide.com. Such links are provided for your convenience only. BanbridgeGuide.com does not control such websites, and is not responsible for their contents. BanbridgeGuide.com's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. For example, users may be able to buy goods and services via the Website, some of which may be through third party retailers who link to the Website.Users may also enter into correspondence with or participate in promotions of advertisers on the Website. BanbridgeGuide.com in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. BanbridgeGuide.com assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.
5. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BanbridgeGuide.com, are entirely responsible for all Content that you upload to, post on or otherwise transmit via this Website. BanbridgeGuide.com does not control all the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable.
You further understand that this Website contains or will contain bulletin boards, chat areas, review sections and other interactive areas, and you agree to use the Website in a way that is proper and related to the Website. For example, you agree that when using the Website you will not:
Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or invasive of another's privacy.
Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or any Content (or use the Website in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
Upload, post or otherwise transmit any Content that contains any patent, trademark, copyright or other intellectual property rights of any party, unless you own or control the rights thereto or have received all necessary permissions.
Upload, post or otherwise transmit any material that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of any BanbridgeGuide.com Site or any servers or networks connected to such BanbridgeGuide.com Site or another's computer, or any chain letters, pyramid-selling schemes, bulk mail or mails bombs or other such programs.
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
Restrict or in any way inhibit any other user from using the Website.
Use the Website in a manner that is inconsistent with these Terms and Conditions and/or not in accordance with all relevant laws and regulations or for any illegal purpose.
You agree that you do not object to BanbridgeGuide.com or such third parties contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
7. DISCLAIMER / LIABILITY
Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and BanbridgeGuide.com hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, BanbridgeGuide.com shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website.
In relation to Content uploaded by users, BanbridgeGuide.com shall not be responsible for any such Content posted by users in chat rooms or other community areas. All such Content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of BanbridgeGuide.com.
Notwithstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law. BanbridgeGuide.com will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by BanbridgeGuide.com or on its behalf, for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses;
in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude or limit BanbridgeGuide.com's liability for death or personal injury resulting from the negligence of BanbridgeGuide.com or that of its servants, agents or employees.You agree to indemnify BanbridgeGuide.com in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of any of the BanbridgeGuide.com Sites.
8. ACCESS RESTRICTION
BanbridgeGuide.com reserves the right to deny in its sole discretion any user access to this Website or any other BanbridgeGuide.com Site, or any portion thereof, without notice.BanbridgeGuide.com also reserves the right to remove any Content that it deems in its sole discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.
9. ONLINE COMPETITIONS
The rules set out below ("Competition Rules") apply to each competition BanbridgeGuide.com runs on any of the BanbridgeGuide.com Sites ("Competition"). By participating in each Competition the user as an entrant agrees to be bound by the Competition Rules (and any other rules which BanbridgeGuide.com tell you apply to the Competition) and by the decisions of BanbridgeGuide.com, which are final in all matters relating to the Competition. No correspondence will be entered into and BanbridgeGuide.com reserves the right to disqualify any entrant and/or winner in its absolute discretion.
No purchase is necessary to enter a Competition. All prizes are non-transferrable and no cash or credit alternatives will be offered. Arrangements for the fulfilment of prizes may be made by a third party sponsor. BanbridgeGuide.com reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value. All entries must be received by the deadline for that Competition and late or incomplete entries will be disqualified. By you entering a Competition, if you are a winner, you grant BanbridgeGuide.com permission to use your name and likeness for advertising and future promotional purposes.
By you entering a Competition you:
(a) assign to BanbridgeGuide.com all rights, title and interest (including, without limitation, all intellectual property rights however arising and in whatever media throughout the world) in perpetuity, in all creative material uploaded onto any of the BanbridgeGuide.com Sites or otherwise provided by you where such creative material is the subject of the Competition;
(b) irrevocably and unconditionally waive on your behalf in perpetuity the benefit of any provision of law known as moral rights of authors of any similar law in any country;
(c) acknowledge that BanbridgeGuide.com may use such creative material in any way it sees fit without further payment to you;
(d) warrant to BanbridgeGuide.com that such creative material is wholly original to you (in the sense of not being copied), does not libel, defame, cause injury to, or invade the privacy of or otherwise infringe or violate the rights of any third party and the use of such creative material by BanbridgeGuide.com will not infringe the rights of any third party; and
(e) consent to BanbridgeGuide.com passing your name and address to any third party to deliver the prize or prizes to you.
Winner(s) will be notified by e-mail as soon as possible after the Competition draw/decision. For the names of the winner(s), please send an e-mail to help@BanbridgeGuide.com.com specifying the Competition. If you are a winner, you may have to complete additional legal documents and return them to BanbridgeGuide.com within three working days of receipt from BanbridgeGuide.com. Non-compliance or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected.
The receipt, by you if you are a winner, of any prize is conditional upon compliance of any and all laws, rules and regulations including, without limitation, the Competition Rules and any further rules relating to such Competition as BanbridgeGuide.com may impose. Winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description including those associated incidental expenses associated with claiming the prize.
BanbridgeGuide.com reserves the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to the employees of BanbridgeGuide.com or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors. Winner(s) of the Competitions agree that neither BanbridgeGuide.com nor its employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. No responsibility can be accepted for entries lost of delayed in transmission or for damage or loss resulting from misdirected or incomplete entries arising from transmission and/or computer malfunctions, viruses, bugs or other similar causes.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and BanbridgeGuide.com concerning your use of the Website and supersedes any previous arrangement, agreement, undertaking or proposal, written or oral between you and BanbridgeGuide.com in relation to such matters. No oral explanation or oral information given by either party shall alter the interpretation of these Terms and Conditions. You confirm that in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that your agreement contained in this paragraph shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Terms and Conditions.
These Terms and Conditions of Use shall be governed by and construed in accordance with UK law and the parties submit to the exclusive jurisdiction of the UK Courts.
If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
BanbridgeGuide.com's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BanbridgeGuide.com in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and BanbridgeGuide.com.