This Agreement sets forth the terms and conditions which apply to the use of East Coast Promotions Limited (Covers all Publications within the Portfolio) and/or its affiliates (collectively, “the Company”) including but not limited to Industry Africa & other publications, online or print. The right to use any product or service offered by the Company is personal to you and is not transferable to any other person or entity.
The “Company Sites” shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by the Company on the World Wide Web. The Company Sites consist of information services and content provided by the Company, affiliates of the Company and third parties. The term “Community Areas” means the bulletin boards, chat rooms and other user participatory areas on the Company Sites.
The Company shall have the right at any time to change or discontinue any aspect or feature of the Company sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
USE OF THE COMPANY SITES AND THE COMMUNITY AREAS.
1.The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in the Company’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with the Company’s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by the Company.
2.The Company Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Company Sites are copyrighted as a collective work under the EU copyright laws. The Company is the owner of the copyright in all the Company Sites. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Company Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Company Sites without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Company Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3.You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
- You hereby grant to the Company, and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to the Company (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
- You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.
- You shall provide the Company with accurate, complete and updated information provided by you at the time of registration.
- You shall not engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Company Sites, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Sites’ services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
- The Company Sites contain links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
- You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of thr Company Sites and Community Areas and all charges related thereto.
- The foregoing provisions of this Section 3 are for the benefit of the Company, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
- The Company has carefully designed the Company Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Company Sites in any way that interferes with that purpose. In particular, the Company prohibits any party from displaying the content on the Company. Sites in any format where third party advertising or other materials that the Company did not authorize is viewed or viewable together with the Company’s proprietary content.
The Company shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by the Company. from time to time. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, the Company shall have the right, but not the obligation, to remove
East Coast Promotions Limited (Covers all Publications within the Portfolio).
In these terms and conditions, “the Advertiser” means the party booking advertising space together with any agent acting on their behalf and “the Publisher” means East Coast Promotions Limited, which publishes advertisements under various titles including but not limited to; “Industry Africa”, “Total World Energy” and “Wine and Spirit Pursuit”.
“Advertisement” includes any form of promotion either printed or digitally in one of the publisher’s titles, or inserted thereto, any sponsorship of any event or function of the Publisher’s or any service provided by the Publisher to the Advertiser for which the Publisher customarily receives payment.
“Publication date” means the date of which the publication is listed live digitally and gets sent to press. These dates are listed on the Booking form contractual agreement
- These terms and conditions shall apply to all advertisements accepted for publication by the Publisher and represent the whole of the terms and conditions that govern the contract for the sale of the advertisement except insofar as shall be specifically agreed in writing by the Publisher, notwithstanding the Advertiser’s use of a confirmation, purchase order or any other document containing other terms and conditions. The Advertiser shall not be entitled to rely on any representation (save for fraudulent representations) or warranty, express or implied, which is not contained herein.
- All advertisements are accepted subject to the Publisher’s approval of the copy and to the availability of advertising space. Reasonable efforts will be made to place an advertisement in the section apparently most relevant to the Advertiser, but the Publisher reserves the right to make the final decision as to the position of the Advertisement without obtaining the Advertiser’s approval thereto. Any free listing is offered ex gratia, and whilst the Publisher will consider the wishes of the Advertiser, the Publisher reserves the final decision whether to include the same and as to its format and wording and shall not be required to obtain the approval thereto of the Advertiser.
- The Advertiser warrants that the advertisement does not contravene any relevant statute or regulations made thereunder, nor is it in any way defamatory or illegal or an infringement of any other party’s rights, or an infringement of the prevailing edition of the British Code of Advertising Practice (or the equivalent in any other country where the publication might be distributed). The Advertiser further warrants that the advertisement complies with the laws applicable in the UK and/or in the countries in which the publication will be published.
- The Advertiser will indemnify and keep indemnified the Publisher in full against any losses, costs, claims (actual or threatened) and expenses howsoever incurred by the Publisher arising, directly or indirectly, out of the advertisement or in respect of any breach by the Advertiser of these terms and conditions and the Advertiser must be prepared to pay the amount of loss suffered and/or expenses incurred by the Publisher as a result of the advertisement and/or in respect of a breach of this contract.
- The Publisher reserves the right to omit an advertisement at any time before publication at the Publisher’s absolute discretion. Such omission will be notified to the Advertiser as
soon as possible by email or by post. The Publisher shall repay to the Advertiser any sums paid in advance concerning the omitted advertisement or set-off the same against sums due to the Publisher and the Advertiser accepts and understands that it will not have any claims of any nature against the Publisher where an advertisement is so omitted.
- The publication of the advertisement must be at the absolute discretion of the Publisher and the date of the publication can be changed by the Publisher without notice being given to the Advertiser and without the Publisher being in breach of contract in any way.
- Reasonable care will be taken to avoid mistakes, but the Publisher cannot accept liability for any errors due to the acts, omissions or defaults of third parties or sub-contractors or inaccurate copy instructions or materials or other acts or defaults beyond its control. The Publisher shall not be liable for any errors in the advertisement unless any proof is returned in enough time (as the Publisher shall in its absolute discretion determine) for corrections to be made before the publication goes to press.
- Advertisements are accepted on condition that the price quoted for the advertisement binds the Publisher only in respect of the next issue going to press. The Publisher reserves the right, by giving notice to the advertiser at any time before the advert is published, to increase the price of the contract to reflect any increases in the cost to the publisher which is due to any factor beyond its control.
- Full payment of the contract plus VAT, where applicable, is due upon the date of publishing, invoices will be sent upon publishing and are due for payment upon receipt of invoice. Interest at 5% per month calculated from the invoice date will be charged on overdue accounts.
- All insertions shall be submitted by the Advertiser by the copy date as specified on the confirmation or other written or electronic document in proper “mechanical form” (as set out in the media pack of the appropriate publication which is available to download from the publication’s web site). If the Publisher does not receive the advertising copy in proper “mechanical form” from the Advertiser and if this requires the Publisher to perform additional production work, the Publisher reserves the right to make reasonable additional charges to the Advertiser for the cost of such work. The Publisher accepts no responsibility whatsoever for any errors in any materials or information supplied by the Advertiser.
- Proofs of advertisements will only be sent on written request by the Advertiser personally and if enough time is available to complete such actions so as not to delay publication. Any amendments to the proof provided must be advised to the Publisher within 24 hours or the Publisher shall be entitled to assume the proof has been approved.
- Cancellations for “single” or “series advertisements”: Strictly no cancellation of any advertisement can be made. Any abortive costs already incurred by the Publisher in connection with the advertisement will be payable by the Advertiser. In the case of no payment being made upon due date the debt will be passed to our local debt collection teams.
A “series advertisement” is a booking for one or more insertions and confirmed as such in one confirmation, email or other written document, where the advertisement is placed for the same principal or members of the same group of companies and the Advertiser receives the benefit of improved terms whether by price or other advantage. For the purposes of these Terms and Conditions, a “series advertisement” will be treated as though it is one advertisement with a publication date of the first date an insertion under the confirmation is due to appear. Each booking under a “series” advertisement is deemed to be a separate advertisement for the purpose of invoicing and will be invoiced at date of publication and is payable in accordance with the terms contained herein In calculating any cancellation fee that the publisher is in its absolute discretion prepared to accept, any beneficial rate for the advertising will be replaced by the full rate card price for any advertisement which will be used in calculating the amount the Publisher in its absolute discretion may accept.
- The Advertiser must supply a copy of the proposed advertisement (the “Copy”) to the Publisher by the copy date. If the Copy and instructions are not received by this copy date, the Publisher may treat the Advertiser as having cancelled and reserves the right to insert either a previously submitted advertisement (if held) or to create an advertisement using such information as is available to the Publisher at the time. In all such cases the full cost of the advertisement will be due for settlement by the Advertiser and the Publisher shall be under no liability whatever to the Advertiser for any direct loss/or expense or indirect loss and/or expense suffered by the Advertiser or liability to third parties incurred by the Advertiser directly or indirectly arising from such an advertisement. If the advertisement is received after this copy date and the Publisher elects to place the advertisement no guarantee can be given that proofs will be supplied, or corrections made.
- All complaints or claims regarding advertisements published must be made in writing within 14 days following the date of the Publisher’s invoice and sent to the Publisher by email or other written communication where receipt can be guaranteed, failing which any complaints shall be of no force and effect.
- Advertiser’s property, artwork etc, are held at the Advertiser’s risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to dispose of all artwork 14 days after publication. Artwork will be returned if, prior to publication, the Publisher receives by email or other written communication, a request for such return. The Advertiser warrants that it is the owner of the intellectual property rights in the artwork, logo and designs which it shall provide to the publisher to use in any advertisement and the Advertiser shall indemnify the Publisher and keep it indemnified against all or any costs, claims, damages, demands and expenses which may be incurred by or made against the Publisher by any third party by reason of the Advertiser being in breach of this condition.
- In no event shall the liability of the Publisher for any breach of contract or in tort exceed the price paid by the Advertiser for the advertisement.
- In no event shall the Publisher have any liability, either in contract or in tort, for any consequential loss or damage including loss of profit.
- In the event the Advertiser fails to pay any sums that are due hereunder and in consequence thereof legal action is commenced, the Advertiser agrees to pay all legal fees incurred thereby, in addition to interest and costs pursuant to law.
- For security reasons, telephone conversations may from time to time be recorded. This is to ensure that if necessary we can verify that we will deliver to our clients all that has been promised verbally.
- No waiver by the publisher of any breach of the contract by the Advertiser shall be considered as a waiver of any subsequent breach of the same or any other provisions.
- If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of those terms and conditions and the remainder of the provision in question shall not be affected.
- The Publisher shall not be bound by or be liable in respect of any representation or warranties of any nature made by any of its employees or agents who act or purport to act on its behalf, save and unless such representation or warranty is reduced to writing and is signed by a duly authorised representative of the Publisher.
- Feature company refers to companies which editorial articles are written about, East Coast Promotions is not required to have contact with those companies nor an interview, in the case of an interview being withdrawn we hold the right to produce the article using publicly available non copywrite information available to us.