NewBay Media European Terms And Conditions

Last Updated: April 10, 2017.

US RESIDENTS PLEASE REFER TO OUR US TERMS AND CONDITIONS

 

NEWBAY MEDIA TERMS OF USE

Last Updated:

  1. What are Terms of Use?

These are our Terms of Use. Together with the other documents referred to below, tells you the rules for using:

  • websites owned or controlled by us (the “Website” or “Websites”);
  • any services accessible via the Website for example the booking of events; or
  • any mobile application software downloadable via our Website (the “App”);
  • any other online and offline products (including subscriptions) and services on or via any platform or technology (but not including any service that is provided by a third party such as Facebook in which case that third party’s own terms of use shall apply)

(together referred to as “Services”).

Please read these Terms of Use carefully before you start to use our Services, as these will apply to your use of our Services.

  1. Who are we and how to contact us?

The Services are operated and provided by NEWBAY MEDIA EUROPE LIMITED (“we”, “our” or “us”) and we are a company registered in England and Wales with company number 03641099 and having its registered office at 16 Old Bailey, London, EC4M 7EG.

  1. What are you accepting by using our Services?

By using our Services, you confirm that you accept:

that you agree to comply with them.  We recommend that you print a copy for future reference.

If you, your company or institution has a bespoke or multi-user corporate subscription with us (the “Corporate Packages”), then additional Terms and Conditions may apply (the “Corporate Terms”). In such instance, where there is a conflict between the provisions of the Corporate Terms and these Terms of Use, the Corporate Terms will prevail.

If you do not agree with any of the terms contained within the above listed documents, you must not use our Services.

We may amend these Terms of Use from time to time to make sure we remain compliant with relevant laws and regulations and where we improve or change our Services. We are not required to provide any individual notice, so please ensure you check the Terms of Use page frequently. We will always publish the date these Terms of Use were last updated at the top of this document. Your continued access and use of our Services will constitute as acceptance by you of the last updated Terms of Use.

  1. Access to our Websites, App, products or services

We do not guarantee that our Services or any content displayed on or via our Services will always be available or uninterrupted. Access to our Services is permitted on a temporary basis. We may deny access to, close, suspend, change part or whole of our Services without any notice. We will not be required to provide you with any notice and we will not be liable to you in these instances.

You are responsible for making all arrangements necessary to have access to our Services.

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of and comply with these Terms of Use and other applicable terms.

You may need to pay a fee to use some of our Services. If there are any charges associated with any of the Services, we will make it clear before you incur any charges and you will be responsible for any charges incurred from that point on.

The App is only available to users who have an Android or iOS device which is internet enabled. The supported operating systems are as follows:

                                 Android:  Kit Kat, Lollipop, Marshmallow, Nougat

                                 iOS:        iOS 8 (and above)

If you are using the App, you will also need a minimum of 30.0Mb of spare storage space on your chosen device. We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.

If you are experiencing any issues with the Services, then you can contact us by email at uk.digital@nbmedia.com.

  1. Can we change our content?

We may update, edit or remove content published via or on our Services from time to time. However, please note that any content available via our Services may be out of date at any given time, and we are under no obligation to update it. We will endeavour to give you reasonable notice before there are any major changes to our Services.

  1. What do you need to know about subscriptions?

Some Services or parts of Services are only accessible by becoming a subscriber and creating an account with us. This may involve paying a fee. Certain Services will offer either standard subscription packages or Corporate Packages. Your subscription entitlements and the duration of your subscription will depend on which option you choose. The exact entitlements for your selected option will be made clear to you before you purchase your subscription.

The subscription package you have chosen will specify whether VAT or other applicable taxes are included in the price before you pay for your subscription.

Your subscription will commence once payment has been received. Payment may be made using all major credit or debit cards and by direct debit. If we are unable to take the payment from you but have already provided you with access to Services only accessible to subscribers, then we may stop you using such Services until payment has been received.

You can change your subscription option by contacting uk.subs@nbmedia.com or +44 (0) 20 7354 6004. If you decide you wish to change your subscription option, you agree to pay the new subscription price set out in the confirmation of change email we send to you.

If you choose to take out a trial subscription with us, the trial period and trial entitlements will be made clear to you either at the point you register for an account or when we send our confirmation email to you. Following the end of the trial period, you will be given the option to select a different subscription option. Where you have registered for a trial subscription, you will not be able to re-register for the same subscription for one calendar year from the date your trial subscription ended.

  1. How can you keep your account secure?

If you create an account, you may be provided with a user identification code or any other piece of information as part of the security procedure. You will also be asked to choose a password for your account. To keep your account safe, you must not share this information with any third party.

If you know or suspect that someone else knows your security details, you must change your password immediately and promptly notify us.

You also agree that you will not register multiple email addresses.

We reserve the right to terminate or restrict your use of the Services, at any time, if:

  • in our reasonable opinion you have failed to comply with any of the provisions in the Terms of Use;
  • where we suspect or know that you are engaged in illegal or fraudulent use of the Services; or
  • where we suspect or know that a third party has unauthorised access to your account.
  1. What do you need to know about events?

We post information, promote and sell tickets for our own events or conferences via our Services. Where your use of the Services relates to the booking, attendance or other activity in connection with our events and conferences, the Events Terms found here http://www.newbaymedia.com/euro-events-terms-and-conditions/ will prevail (in case of conflict) over these Terms of Use.

We also sometimes allow event organisers, planners and other charitable organisations to post information, promote and sell tickets for their events, conferences or courses via our Services. Your booking, attendance and any other activity in connection with the third party events, conferences or courses will be subject to the third party’s terms and conditions. Please ensure you read these.

  1.   What do you need to know about our job boards?

Employers and recruitment agencies may post information about job vacancies via our Services (“Vacancy” or “Vacancies”). Except for Vacancies with us, we have no control over the information posted about Vacancies. We cannot confirm the accuracy, reliability or completeness of the Vacancies or other information submitted by any third party, employer or recruitment agency including their identity.

If you decide to apply for one of the Vacancies, you will be asked to submit an application form on our Website with the option of attaching a covering note and CV (together the “Application(s)”). Please note that all Applications are provided directly to the relevant employer or recruitment agency who posted the job advert. We do not keep or store any part or whole of the Application unless you are applying for a Vacancy with us. By submitting the application form, you authorise us to provide the Application to the relevant employer or recruitment agency.

We cannot guarantee that the employer or recruitment agency will receive, access, read or respond to the Application or that there will be no mistakes in the transmission of the Application.

If an employer or recruitment agency makes a job offer to you based on your Application, you should verify the validity of this job offer before taking any other action. We cannot guarantee the validity of job offers.

You should also familiarise yourself with any third party employer’s or recruitment agency’s terms and conditions and privacy policies. We cannot take responsibility for their websites.

If you are an employer or recruitment agency or would otherwise like to advertise a vacancy, please read our advertising terms and conditions contained here http://www.newbaymedia.com/euro-ltd-standard-terms-and-conditions-of-acceptance-of-advertisements/ .

  1. How can you use the materials from our Services?

We are the owner or the licensee of all intellectual property rights in our Services. These intellectual property rights include by are not limited to: trademarks, copyrights, trade names, logos and other similar rights.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Unless otherwise stated, you may print off one copy, and may download extracts, of any page(s) from our Website or publication for your personal use or, in the case of a business user, for use within your organisation. You may draw the attention of others within your organisation to content posted on our Website, App or publications.

You must not modify the paper, newsletter, 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.

Third party content which may be included in the content of our Services is generally licensed to you under these Terms of Use. If other terms and conditions apply in relation to such third party content, we will bring these to your attention.

You must not commercially exploit any of the content on our Services. If you would like to sell or otherwise use any of the content on our Services for commercial purposes then you must obtain a licence from us or our licensors. You can make a request for consent by contacting uk.digital@nbmedia.com.

The display of the content on our Services does not imply that a license of any kind has been granted to you, subject to the terms governing mobile devices, below.

You must not post or publish any copies or downloads of materials which come from our Services on any networked computer, or make any statements or undertake any actions which could result in liability for us.

Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged.

Except as expressly authorised by us, you will not create a database in electronic or paper form comprising all or part of the material appearing on any of our Services or any part or whole.

Subject to the Terms of Use, we grant you a non-transferable, non-exclusive, license to install and use the software we make available for any mobile devices, in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use.

You agree that you will not:

  • copy the App, except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
  • rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the App;
  • make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any App, or attempt to do any such thing except to the extent that (by law) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
    1. is used only for the purpose of achieving inter-operability of the App with another software program;
    2. is not unnecessarily disclosed or communicated, without our prior written consent to any third party; and
  • is not used to create any software that is substantially similar to the App.
  1. Accuracy of the content provided via our Services

The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You should 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 keep the information on our Services up-to-date, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Certain of the content on our Services may be provided by third parties. We have no control over any third party content. Your use of such content is at your own risk and we strongly suggest that you verify the accuracy of the content before using it.

  1. What do you need to know about the links via our Services?

Our Website, App and communications with you may include links to other internet sites that are not controlled or maintained by us. Such links should not be interpreted as approval by us of those linked websites and we make no representations or warranties about those sites or their content, nor that the links are live. The links are provided by third parties and are for information purposes only.

  1. What links can you create to our Website?

You may create links to the home page of our Websites but no other page, provided that you:

  • create the link in such a way that is fair and legal and does not damage our reputation or take advantage of it;
  • create a link in such a way that creates any form of association approval or endorsement on our part where none exists;
  • create a link that doesn’t imply that any of the content of our Website is your own or licensed to you.

We reserve the right to withdraw linking permission at any time without notice.

  1. How do we process your personal information?

Our Privacy Policy http://www.newbaymedia.com/euro-privacy-policy/ sets out what personal data and other information we collect and how it will be used. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate. If you do not agree, please stop using the Services.

Cookies help us make this site available to you and deliver products or services to you from time to time.  By using the Website and our App, you agree to our use of cookies as explained in our Cookie Policy http://www.newbaymedia.com/euro-cookies-policy/.  If you do not agree please follow the advice in our Cookie Policy and take the recommended action.

  1. What could we be liable for?

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Except as expressly provided in these Terms of Use, we exclude all representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
We shall not be liable to you or in breach of these Terms of Use for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
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:

  • use of, or inability to use, our Services; or
  • use of or reliance on any content displayed on our Services.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

You agree that to the extent as permitted by law, your sole remedy for any problems you may encounter whilst using the Services, is to stop using the Services in part or in whole.

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.

  1. What do you need to know about third party advertising?

We offer third party advertising opportunities for advertisers and business partners via our Services. We do not accept any responsibility for the content of these advertisements. This is the responsibility of each individual advertiser, who is accountable for the advertising material, including, without limitation, any errors, omissions or inaccuracies.

  1. Your responsibility to help prevent viruses

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment. We do not guarantee that our applicable Services will be secure or free from bugs or viruses.

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.

  1. What else should you know?

You may not transfer any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. If we fail to enforce any provision of these Terms of Use, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in these Terms of Use shall confer on any third party any benefit or the right to enforce any term of Terms of Use.

If you wish to cancel a subscription, please contact us at uk.subs@nbmedia.com..

If you are a consumer using our Services for purposes which are wholly or mainly outside of a trade, business, craft or professional purpose, you have the right to cancel your subscription within 14 days of purchase as required by Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To the extent required by law, we will refund you on a pro-rata basis the subscription payment received from you using the same method of payment that you used to purchase your membership. You will not be entitled to a refund if you cancel after 14 days of your subscription purchase.

We are a member of the Independent Press Standards Organisation (which regulates the UK¹s magazine and newspaper industry). We abide by the Editors Code of Practice and are committed to upholding the highest standards of journalism. For more information, please visit IPSO’s www.ipso.co.uk.

  1. What is the applicable law?

These Terms of Use are governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the courts of England and Wales.

Nothing in these Terms of Use affect your statutory rights as a consumer.

We do not recognise any other languages for the conclusion of this contract between you and us.

  1. How can you contact us?

If you have any questions about these Terms of Use or any other documents referred to in Section 3 above, then please do not hesitate to contact us at NewBay Media, 4th Floor, The Emerson Building, Emerson Street, London, SE1 9DU, England or email us at uk.digital@nbmedia.com.

If you have any comments or feedback on our Services, please contact us at NewBay Media, 4th Floor, The Emerson Building, Emerson Street, London, SE1 9DU, England or email us at uk.digital@nbmedia.com

 

  1. How can you make a complaint?

If you believe that your intellectual property or other rights are being infringed by our Services, or if you are dissatisfied with our Services, in the first instance please contact uk.digital@nbmedia.com..

If you are unable to resolve your dispute with us directly, you may wish to use the European ODR platform http://ec.europa.eu/odr.