Effective Date: 3 February 2021
Hurst Media Company Limited – Standard Terms and Conditions
“Client” means a person, company, partnership or legal entity that enters into a contract with HMC for the provision services subject to these terms and conditions;
“Client Personal Data” means all information and data (including texts, documents, drawings, diagrams, images or sounds) owned by, licensed to (other than by the Supplier) or relating to the Client and/or any of its customers, which is in each case generated by, supplied to, or is otherwise retained by, HMC pursuant to or in connection with the this agreement;
“Data Protection Legislation” means all applicable law, from time to time, relating to the processing of personal data and privacy including (where applicable) the GDPR;
“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament.
“HMC” means Hurst Media Company Limited details contained below.
“Advertiser” means any person firm or company who enters into an agreement with HMC.
“Press Deadline” means the date HMC provides files to the media owner for publication.
1) Payment terms are offered based on the credit score of any client as per our credit check supplier (CreditSafe). All non-UK customers are required to pay in advance of publication in full. Subject to credit being granted, HMC’s standard terms are 50% of the total amount of the contract price agreed is due at the time of booking and the balance due within seven (7) days of publication. This first 50% shall constitute a non-refundable part payment of the contract price. The balance of the contract price shall be payable seven (7) days from publication of the advertisement (or first publication in the case of a series booking). If the agreement covers both print and digital formats, the balance is due seven (7) days from the occurrence of the earliest event.
2) The specification and distribution details are contained in HMC media information specific for the above publication or web listing, a copy of which the Advertiser acknowledges receipt, or confirms has read at: https://www.hurstmediacompany.co.uk/products/
3) Invoices are strictly net at the price agreed and exclusive of applicable VAT or other direct sales taxes and payable without deduction unless agency commission is agreed in writing as deductible at a specific rate.
4a) The contract shall deemed to have been made at the offices of HMC.
4b) Acceptance of these terms and conditions may be effected by written confirmation (including by email or completed order form) from the Client to HMC. Acceptance of these terms and conditions by email to the Client will constitute a legally binding agreement between the Client and HMC.
4c) By accepting these terms and conditions the Client acknowledges that this is a business-to-business contract and therefore is not subject to any statutory cooling off provisions and that the only rights of cancellation are those governed in these terms and conditions (see clause 22). All confirmed orders are final and the Client has no rights of cancellation upon written (including by email or completed order form) confirmation of an order for services from HMC.
5) The Advertiser is solely responsible to submit to HMC suitable advertisement/advertorial copy in electronic format (in accordance with HMC’s specifications) by the specified date. The Advertiser warrants and represents that the advertisement (a) does not contravene the Trade Descriptions Act 1968 nor any other law, statute or regulations in England and/or in any other country where the advertisement might appear as a result of its publication by the Publisher (b) is not in any way defamatory or illegal or an infringement of the rights of any third party (c) complies in all respects with the British Code of Advertising Practice and any other relevant advertising standards prevailing (in England and/or in any other country where the advertisement might appear as a result of its publication by the Publisher) at the time the advertisement is published. The Advertiser will also indemnify the Publisher, its suppliers and distributors against any damage they may sustain in consequence of publication of an advertisement, (such as copyright claims by a third party).
6) All advertisements/advertorials are accepted at the publisher’s discretion as to suitability. If the Publisher exercises its rights under this paragraph at any time, the Publisher shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing.
7) Where the Advertiser requires HMC to create any advertisement /advertorial or other content on its behalf, Advertiser agrees to pay to HMC a production charge of 25% of the value of the contract price, or a minimum charge of £600. The service provided is outlined in HMCs Rate Pack that is available at: https://www.hurstmediacompany.co.uk/products/
8) HMC reserves the right to make grammatical changes and minor corrections to conform to HMC’s house style.
9) In the event that HMC’s stated payment terms are not met, the entitlement of the Client to any discounts applied to the Client’s original booking(s) is forfeit, and the price for the advertisement insertions will default to that published on the current ratecard at the time of booking. In the event of late payment (i.e. payment outside of HMC’s agreed payment terms), HMC reserves the right to claim for payment in full from the Advertiser as per the current published ratecard and reserves the right to charge statutory interest on that amount. Statutory interest is calculated at the rate of 8% per annum above the Bank Of England’s base rate, and is calculated daily. If HMC exercises its right to charge statutory interest, it is calculated from the day after due date until payment is received by HMC, and before as well as after judgement if applicable.
HMC’s invoice for interest charges shall be final and binding upon the Client.
10) All reasonable efforts will be made by HMC to fulfil its obligations, but should HMC be prevented or delayed in carrying out any of their obligations by reason of an Act of God, war, lock-out, fire, flood, delays in transit, strikes, riots, postal delay or any other unexpected or exceptional causes or circumstances beyond their control the time for delivery shall be extended until a reasonable time after the event preventing or interfering with the due performance of HMC’s obligations has ceased, and in no circumstances is HMC to be liable for any consequential loss or damage suffered by the Advertiser as a result thereof. For clarity, HMC will not be liable for any loss occasioned by the failure of an advertisement to appear from any cause whatsoever.
11) The terms of the contract as stated in HMC’s official Order constitute the entire contract between the Advertiser and HMC. Any variations to the contract terms are only valid if signed by a director of HMC.
12) Every effort will be made to meet the expressed wish of an Advertiser regarding specified positions, but no guarantee can be given unless a supplementary positioning charge has been agreed.
13) While HMC will take reasonable care of any material supplied by the Advertiser whilst in HMC’s custody, HMC shall not be liable for loss or damage of material in transit or whilst with any third party.
14) In the event that the Advertiser is in default of its obligations under paragraph 5 (or gives notice that it does not intend to fulfil such obligations prior to the date for submission of advertising copy) the Advertiser agrees to pay HMC as liquidated damages the lesser of:
a) 100% of HMC’s rate card price for the advertisement (or aggregate price in the case of a series of advertisements) prevailing at the date of this order or;
b) the contract price as agreed between HMC and Advertiser credit being given for any payments made by the Advertiser in respect of this order prior to the default or notice.
15) In the event that the Client enters into liquidation (whether compulsory or voluntary); company administration; or is placed into receivership; or comes to any arrangement with its creditors, whether formal or informal; or becomes unable to pay its liabilities as and when they fall due; or is presented with a valid winding-up petition by the court; or is subject to a successful winding-up petition by the court, those in control of the Client at the time (i.e. directors/partners/owners for, respectively, a limited company/partnership/sole trader), warrant that all outstanding debts will be paid to HMC, and undertake to fulfil the payment liability personally, on a joint and several basis.
16) In the event of any conflict between these standard terms and conditions and HMC’s official order form, the order shall prevail.
17) HMC reserves the right to vary date of publication or advertising going live on the website by not more than +/-21 days and will notify Advertiser if there is a change to the scheduled date as soon as is reasonably practicable. In any event, time shall not be of the essence as regards the publication date.
18) HMC does not accept liability for printing errors, including variations in the quality of colour reproduction, and such variations shall not be deemed cause for the Advertiser withholding payment.
19) HMC reserves the right to charge the single insertion rate for each advertisement published in the event of the Advertiser failing to complete a series booking.
20) All disputes or complaints must be made in writing to HMC as soon as the Advertiser is aware and in any event within 28 days of publication.
21) In no event shall the liability of the Publisher for any breach of contract or in tort exceed the price paid or payable by the Advertiser for the advertisement.
22. The Client may cancel a booking by agreeing to pay a severance fee. The level of this fee is a percentage of the booking value, and varies depending on how close the cancellation is to the copy deadline.
(i.) If the copy deadline is more than 30 days in the future the fee is 33% + VAT of the booking value.
(ii.) If the copy deadline is more than 7 days in the future but fewer than 30 days away the fee is 66% + VAT of the booking value.
(iii.) If the copy deadline is within 7 days the fee is 100% + VAT of the booking value.
(iv.) A separate cancellation invoice on 7-day terms will be raised by the accounts department, and the original invoice credited in full once payment is received.
(v.) In the event the cancellation invoice is not paid within terms, it will be cancelled and the full amount of the original contract will stand.
23) DATA PROTECTION
For the purposes of this clause 14, “data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” have the meanings ascribed to them in Data Protection Legislation.
Data controller and Data processor
(i) Both parties will comply with their obligations under the Data Protection Legislation, in the case of Client, as data controller and, in the case of HMC, as data processor. In particular, HMC undertakes to:
a) abide by, and procure that its employees, representatives, subcontractors and agents abide by, the Data Protection Legislation; and
b) provide reasonable assistance to Client in complying with their respective obligations under Data Protection Legislation in relation to the performance of any services provided by HMC to the Client.
(ii) Without limiting the foregoing, HMC shall:
a) act only in accordance with Client’s (or the relevant Client Affiliate’s) written instructions with regard to the processing of Client Personal Data. If HMC is required to process Client Personal Data for any other purpose by applicable law, HMC shall inform Client of this legal requirement, to the extent permitted to do so by the applicable law;
b) maintain written records of data processing activities to include all categories of personal data processing activities carried out on behalf of the Client containing the information prescribed in relation to data processors GDPR, provided that this obligation shall only apply with effect from the date that the GDPR is entered into force (and provided that Client shall provide HMC with all relevant information about the personal data that it requires HMC to process data pursuant to services provided to its clients and to enable HMC to maintain such records;
c) not transfer such Client Personal Data and information to a country or territory outside the European Economic Area (the “EEA”) without Client’s (or the relevant Client Affiliate’s) express written consent;
d) ensure appropriate technical and organisational measures are in place to safeguard against any unauthorised or unlawful processing and against accidental, alteration, or disclosure of Client Personal Data
e) immediately notify Client in the event that it receives a request or notice from a data subject exercising his/her rights under the Data Protection Legislation for Client to resolve and to assist the Client promptly with all requests and notices which may be received from data subjects. This includes, upon the applicable Client entity’s written request and to the extent permitted by the Data Protection Legislation, where the applicable Client entity cannot itself access such data, promptly providing at no charge such entity with such copies of any Client Personal Data in the possession or control of HMC which are requested by that Client entity (in the format and medium reasonably required by that entity);
f) shall promptly carry out any request from a Client requiring HMC to amend, transfer, lock or delete any of Client Personal Data in the possession or control of HMC;
g) on the expiry or termination of the services, immediately cease to use Client Personal Data and shall arrange for its safe return or destruction as notified by Client in writing at the relevant time;
h) promptly notify Client upon receiving any notice or communication from any data protection supervisory or government body, including the Office of the Information Commissioner, which relates directly or indirectly to the processing of the personal data, for Client to resolve; and
i)if any Client Personal Data in the possession or control of HMC becomes lost, corrupted, destroyed, altered or rendered unusable for any reason, immediately (but, in any event, thirty six (36) hours of becoming aware) notify Client of any and all circumstances having led to such incident, as Client or any data protection supervisory or government body, including the Information Commissioner’s Office, may reasonably require to comply with its security breach obligations under the Data Protection Legislation.
(iii) The Client acknowledges that it may from time to time require HMC to collect personal data for marketing purposes (“Marketing Data”).The Client shall only use the Marketing Data in accordance with any informed consent and/or marketing preferences provided by the applicable data subject.
(iv) The Client shall indemnify and hold harmless HMC against any costs (including legal costs), expenses, fines, penalties (including fines and penalties from a regulator) and losses arising from directly or indirectly from any breach of clause 14.
(v) Without limiting the foregoing, the Client shall;
a) comply with Data Protection Legislation and ensure that any instructions it issues to HMC, including the transfer itself, shall comply with Data Protection Legislation; and
b) have sole responsibility for the accuracy, quality, and legality of Personal Data, and the means by which the Client acquired Personal Data and shall establish the legal basis for Processing under Data Protection Legislation.
(vi) Client warrants that;
a) the disclosure of Personal Data to HMC is limited to what is necessary in order for HMC to perform services it is contractually obligated to provide to the Client;
b) such Personal Data is accurate and up-to-date at the time that it is provided to HMC;
c) it shall provide advance written notice to HMC of its intention to transfer Personal Data to HMC for use in the provision of services.
(vii) Client shall;
a) collect Personal Data in a manner compliant with Data Protection Legislation, including by providing all notices and obtaining all consents as may be requested under Data Protection Legislation in order for HMC to lawfully and fairly process Personal Data in connection with/arising out of the provision of the provision of services; and
b) ensure compliance with appropriate technical and organisational;
c) notify HMC upon becoming aware that Personal Data has become inaccurate or out of date.
24)This agreement shall be subject to the laws of England and Wales. The Advertiser submits to the non-exclusive jurisdiction of the English Courts.
Hurst Media Company LTD, United House, North Road, London N7 9DP
Registered Office: United House, North Road, London N7 9DP
UK Reg No: 08375910
VAT No: 161866882
Hurst Media Agency’s Terms and Conditions
Hurst Media Agency’s Terms and Conditions
Hurst Media Agency Limited (“HMA”) acts in good faith in an advisory capacity as a consultancy. Full details of what is included in the services we have agreed to supply to you are set out in the media proposal submitted by HMA to our clients and attached to these terms and conditions (“the services”). This might involve recommending appropriate third parties to companies. HMA will not be liable for the acts or omissions of third parties.
HMA does not warrant or guarantee that the services will generate any particular level of campaign response or sales even where the media proposal may refer to the response levels that may be generated.
HMA accepts a limitation of liability attributed to us due to any proven negligence on our part. This liability is limited to £500 for any one claim or series of claims.
HMA does not exclude a limit of liability in any way for death or personal injury caused by its negligence.
For the purpose of this clause the following definitions shall apply.
Client means client of HMA.
Client Personal Data means all information and data (including texts, documents, drawings, diagrams, images or sounds) owned by, licensed to (other than by the Supplier) or relating to the Client and/or any of its customers, which is in each case generated by, supplied to, or is otherwise retained by, HMA pursuant to or in connection with the this agreement;
Data Protection Legislation means all applicable law, from time to time, relating to the processing of personal data and privacy including (where applicable) the GDPR;
GDPR means the General Data Protection Regulation (EU) 2016/679 of the European Parliament.
For the purposes of this clause, “data controller“, “data processor“, “data subject“, “personal data“, “processing“, and “appropriate technical and organisational measures” have the meanings ascribed in the Data Protection Legislation. Data controller and data processor
Both parties will comply with their obligations under the Data Protection Legislation, in the case of Client, as data controller and, in the case of HMA as data processor. In particular, HMA undertakes to:
abide by, and procure that its employees, representatives, subcontractors and agents abide by, the Data Protection Legislation; and
provide reasonable assistance to Client in complying with their respective obligations under Data Protection Legislation in relation to the performance of this Agreement. Without limiting the foregoing, HMA shall:
act only in accordance with Client’s written instructions with regard to the processing of Client Personal Data. If HMA is required to process Client Personal Data for any other purpose by applicable law, HMA shall inform Client of this legal requirement, to the extent permitted to do so by the applicable law;
maintain written records of data processing activities to include all categories of personal data processing activities carried out on behalf of the Client containing the information prescribed in relation to data processors GDPR, provided that this obligation shall only apply with effect from the date that the GDPR is entered into force (being ts two years and twenty days following its publication in the Official Journal of the European Union) and provided that Client shall provide HMA with all relevant information about the personal data that it requires HMA to process under this Agreement to enable HMA to maintain such records.;
not transfer such Client Personal Data and information to a country or territory outside the European Economic Area (the “EEA“) without Client’s express written consent. ensure appropriate technical and organisational measures are in place to safeguard against any unauthorised or unlawful processing and against accidental, alteration, or disclosure of Client Personal Data
immediately notify Client in the event that it receives a request or notice from a data subject exercising his/her rights under the Data Protection Legislation for Client to resolve and to assist the Client promptly with all requests and notices which may be received from data subjects. This includes, upon the applicable Client entity’s written request and to the extent permitted by the Data Protection Legislation, where the applicable Client entity cannot itself access such data, promptly providing at no charge such entity with such copies of any Client Personal Data in the possession or control of HMA which are requested by that Client entity (in the format and medium reasonably required by that entity);
subject to any obligations of confidentiality not disclose Client Personal Data to, or appoint a sub-processor which is, a third party, other than with the prior written agreement of Client or as otherwise permitted in the Agreement (other than in this clause 3.6 );
HMA shall promptly carry out any request from a Client requiring HMA to amend, transfer, lock or delete any of Client Personal Data in the possession or control of HMA; on the expiry or termination of this Agreement for any reason, immediately cease to use Client Personal Data and shall arrange for its safe return or destruction as notified by Client in writing at the relevant time;
promptly notify Client upon receiving any notice or communication from any data protection supervisory or government body, including the Office of the Information Commissioner, which relates directly or indirectly to the processing of the personal data under this Agreement, for Client to resolve; and
if any Client Personal Data in the possession or control of HMA becomes lost, corrupted, destroyed, altered or rendered unusable for any reason, immediately (but, in any event, thirty six (36) hours of becoming aware) notify Client of any and all circumstances having led to such incident, as Client or any data protection supervisory or government body, including the Information Commissioner’s Office, may reasonably require to comply with its security breach obligations under the Data Protection Legislation.
4.1 The Client acknowledges that it may from time to time require HMA to collect personal data for marketing purposes (“Marketing Data”). The Client shall only use the Marketing Data in accordance with any informed consent and/or marketing preferences provided by the applicable data subject. 4.2 The Client shall indemnify and hold harmless HMA against any costs (including legal costs), expenses, fines, penalties (including fines and penalties from a regulator) and losses arising from directly or indirectly from any breach of clause 4.1.
Without limiting the foregoing, the Client shall;
comply with Data Protection Legislation and ensure that any instructions it issues to HMA, including the transfer itself, shall comply with Data Protection Legislation; and have sole responsibility for the accuracy, quality, and legality of Personal Data, and the means by which the Client acquired Personal Data and shall establish the legal basis for Processing under Data Protection Legislation.
Client warrants that;
5.3.1.the disclosure of Personal Data to HMA is limited to what is necessary in order for HMA to perform the Services;
5.3.2.such Personal Data is accurate and up-to-date at the time that it is provided to HMA;
5.4.1.collect Personal Data in a manner compliant with Data Protection Legislation, including by providing all notices and obtaining all consents as may be requested under Data Protection Legislation in order for HMA to lawfully and fairly process Personal Data in connection with/arising out of the provision of the Services and as otherwise contemplated by the remainder of the Agreement
5.4.2.ensure compliance with the security measures;
5.4.3.notify HMA upon becoming aware that Personal Data has become inaccurate or out of date.
All attempts will be made to deliver the services in full on or before the completion date agreed by both parties but time is not of the essence. HMA cannot be held accountable for technical difficulties out of our control nor can we assist with technical problems beyond the range of services we offer. In the event of any complications all reasonable endeavours will be made to ensure that the contract is delivered in full and on time.
Cancellation and Amendments
Amendments and cancellations must be made in writing. A requested amendment may result in an increase in the cost and time required to complete the project and therefore an increase in price. Any price increases will be notified to you. Cancellations of contracted work may result in a charge to you for costs already incurred by HMA in the delivery of the services.
HMA will endeavour to replace the commitment with a contract or project of equivalent value. Total cancellation will incur if a new arrangement is not made or if a replacement contract cannot be secured and in these circumstances a cancellation charge will then be levied.
Any cancellation of services up to 6 weeks prior to commencement will be charged at 100% of the price. Cancellation prior to 6 weeks before the commencement date will be refunded in full.
Under exceptional circumstances, HMA reserves the right to cancel any commitment with you, without any obligation on its part, should:
1 There be any occurrence beyond the reasonable control of HMA, which will prevent us from performing our duties.
2 If HMA believes the arrangements made will prejudice our reputation.
3 If the client or third party has an unsettled account or dispute with HMA.
4 If HMA becomes aware of changes in the client’s financial situation.
5 If the client fails to comply with these terms and conditions.
Material produced by HMA is the result of creative skill and significant labour and the copyright of the work rests with HMA. Artwork produced on behalf of, and paid for in full by, a client carries joint copyright. HMA is the sole owner of any artwork produced that is not paid for. Permission must be sought before any material can be copied; adapted; issued; distorted; rented; lent; presented to the public or broadcast. Infringement of copyright is a criminal offence.
Invoices are sent upon confirmation of media bookings. Payment by cheque, made out to HMA, must be received by the date stated on the invoice. BACS transfer can be arranged; details are available upon request.
Failure to pay in full by the deadline stated on the invoice will result in an interest charge of 8% above the base interest rate on total amount owed. Our accountants will issue updated invoices every seven days thereafter from the due date until payment is received. After 14 days any unpaid debts will be pursued and collected by the Company solicitors. All debt recovery or court costs incurred will be added to the sum owed by the client.
HMA, although it will act as an intermediary, cannot be held financially accountable for the acts or omissions of its clients or third parties.
These terms and conditions and any dispute arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.
Competition Terms & Conditions
1. The Promoter
The promoter is: Hurst Media Company Ltd whose registered office is at United House, North Road, London N7 9DP
2. The Competition
2.1 The title of the competition is indicated on submission form.
3. How To Enter
3.1 The competition will run for a period of one month unless stated otherwise.
3.2 All competition entries must be received by the Promoter by no later than 5pm on the Closing Date. All competition entries received after the Closing Date are automatically disqualified.
3.3 To enter the competition enter online by submitting the online entry form provided on www.hurstmediacompany.co.uk by the Closing Date.
3.4 No purchase necessary and there is no charge to register for use of the website.
3.5 The Promoter will not accept:
(a) responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of transmission as proof of receipt of entry to the competition.
3.6 By submitting a competition entry, you are agreeing to be bound by these terms and conditions.
3.7 For help with entries, please contact the consumer helpline on 020 3 940 2744 OR see www.hurstmediacompany.co.uk
3.8 The competition entries will be randomly selected for a winner by the Promoter – using a selection method entirely at the Promoter’s discretion.
4.1 The competition is open to all residents in the UK aged 18 years or over except:
(a) employees of the Promoter or its holding or subsidiary companies;
(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
4.2 In entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition.
4.3 The Promoter will not accept competition entries that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, reconstructed, forged or tampered with;
(d) photocopies and not originals; or
4.4 There is a limit of one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
4.6 Competition entries cannot be returned.
5. The Prize
5.1 The prizes are relevant to the individual competition submission page
5.2 There is no cash alternative for the prize.
5.3 The prize is not negotiable or transferable.
5.4 In order to claim the prize you must respond to email notifying you have won within seven (7) days.
6. Winner Announcement
6.1 The winners of the competition will be contacted directly by the Promoter.
6.2 Save in respect of manifest error – the selection of the winner of the Competition in accordance with clause 3.8, is final and may not be challenged or discussed with the Promoter. The Promoter is under no obligation to provide any details of the selection process defined in clause 3.8.
6.3 The Promoter will contact the winners personally as soon as practicable after the Announcement Date, using the telephone number or email address provided with the competition entry. The Promoter will not amend any contact information once the competition entry form has been submitted.
7. Claiming The Prize
7.1 If you are the winner of the prize, you will have 7 days from the date of Publication to claim the prize by following the procedure set out in condition 5.4. If you do not claim the prize by this date, your claim will become invalid.
7.3 The Promoter does not accept any responsibility if you are not able to take up the prize.
8. Limitation of Liability
Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
9. Ownership of Competition Entries and Intellectual Property Rights
9.1 All competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
9.2 By submitting your competition entry and any accompanying material, you agree to:
(a) assign to the Promoter all your intellectual property rights with full title guarantee; and
(b) waive all moral rights, in and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
9.3 You agree that the Promoter may, but is not required to, make your entry available in Calibre Quarterly magazine and on any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.
10. Data Protection and Publicity
10.1 If you are the winner of the competition, you agree that the Promoter may use your name, image and town or county of residence to announce the winner of this competition and for any other reasonable and related promotional purposes.
10.2 You further agree to participate in any reasonable publicity required by the Promoter subject to our Privacy Notice – if we deem your consent is require for activity, we will seek such consent as appropriate.
11.1 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.
11.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
11.3 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
Other applicable terms
Information about us
hurstmediacompany.co.uk is a site operated by Hurst Media Company Limited (we or us). We are registered in England and Wales under company number 08375910 and have our registered office at United House, North Road, London N7 9DP. Our Head Office is at United House, North Road, Islington, London, N7 9DP. Our VAT number is 161866882. We are a limited company.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
If you are a business user, please note that in particular, we will not be liable for:
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Rights you license
When you upload or post content to our site, you grant the following licence:
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes, and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact: email@example.com
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
“HURST MEDIA COMPANY” is a UK registered trademark of Hurst Media Company Ltd.
To contact us, please email firstname.lastname@example.orgThank you for visiting our site.
This acceptable use policy sets out the terms between you and us under which you may access our website hurstmediacompany.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
hurstmediacompany.co.uk is a site operated by Hurst Media Company Limited (we or us). We are registered in England and Wales under company number 08375910 and we have our registered office at United House, North Road, London N7 9DP. Our Head Office is at United House, North Road, Islington, London, N7 9DP. Our VAT number is 161866882. We are a limited company.
You may use our site only for lawful purposes. You may not use our site:
You also agree:
We may from time to time provide interactive services on our site, including, without limitation:
>Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Last Updated – 25 May 2018
Hurst Media Company Limited (including its affiliate and subsidiary companies see below) (”We”, “us”) are committed to protecting and respecting your privacy.
For the purpose of the General Data Protection Regulations EU 2016/679 (the Regulations), the data controller is Hurst Media Company Limited (No. 8375910) of United House, North Road, Islington, London, N7 9DP
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
Information you give us. This is information about you that you give us by filling in forms on our site www.hurstmediacompany.co.uk and/or www.celebritysecrets.com (our sites) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for’ page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
Personal information (or personal data as defined by the Regulations) for purposes of this Privacy Notice, means any information that (i) directly and clearly identifies an individual, or (ii) can be used in combination with other information to identify an individual.
The following is a non exhaustive list of Personal Information We may collect from our employees:
We will process employee data for the essential performance of rights and obligations under a contract of employment, for example payroll and pension benefits or to comply with laws and regulations such health and safety or tax.
We also process employee data for legitimate business purposes including but not limited to:
Sensitive employee data such as salary and performance evaluations may be accessible by other Hurst Media Company Limited employees (or our Human Resource advisers) only if required for legitimate purpose related to human resource functions or associated employee issues.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
Information you give to us. We will use this information:
to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form OR registration form);
to notify you about changes to our service;
to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you. We will use this information:
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our site safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
You agree that we have the right to share your personal information with:
Any member of our group, which means our subsidiaries (including those listed below), our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
Selected third parties including:
business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers without express written informed consent, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
analytics and search engine providers that assist us in the improvement and optimisation of our site;
credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We will disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
If Hurst Media Company Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
INFORMATION PROCESSOR ACTIVITIES
Hurst Media Company Limited (and its affiliates and subsidiaries) operate as a data processor for our business customers located in the EU and other locations worldwide. Our business customers remain the data controllers with respect to any customer data that they provide to us for our provision of services. We therefore act in accordance with the instructions of such customers regarding the collection, processing, storage, deletion, access, rectification, portability and transfer of customer data.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at DataPrivacy@hurstmediacompany.co.uk .
We will make reasonable efforts to adhere to any requests made either (i) under this section or (ii) the section marked “Access to Information” – unless the requests are prohibited as a matter of law or there is a legitimate purpose for retaining the data pursuant to the Regulations.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
Your right of access can be exercised in accordance with the Regulations. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. We reserve the right to verify your identity before we comply with any request. If you would like to request a copy of the personal information we hold on you please contact us at:
Hurst Media Company – Privacy
United House, North Road, Islington, London, N7 9DP
MONITORING AND ENFORCEMENT
If personal information of EU individuals is received directly from our clients, we will provide reasonable assistance to our clients:
HURST MEDIA COMPANY LIMITED – AFFILIATES AND SUBSIDIARIES
Hurst Media Agency Limited
Hurst Media Company (Assets) Limited.
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