Definitions and Acceptance of the Terms and Conditions
Benedict Marketing Ltd accepts publication of advertisements on the terms and conditions set out below (‘Terms’).
1. These Terms apply to online commercial and classified advertisements on www.myweekin.co.uk
2. By submitting an advertisement, the Advertiser accepts and agrees to be bound by these Terms in full.
Content of Advertisements
3. Benedict Marketing Ltd may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such Advertisement.
4. The publication of an Advertisement by Benedict Marketing Ltd does not mean that Benedict Marketing Ltd accepts the Advertisement has been provided in accordance with these Terms or that Benedict Marketing Ltd has waived its rights under these Terms.
5. The Advertiser guarantees to Benedict Marketing Ltd that:
a. any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
b. it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
c. the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice, are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights);
d. the Advertisement will not be prejudicial to the image or reputation of Benedict Marketing Ltd or www.myweekin.co.uk, and will not contain anything that Benedict Marketing Ltd in good faith considers to be offensive or otherwise inappropriate;
e. all Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of www.myweekin.co.uk.
6. The Advertiser guarantees to Benedict Marketing Ltd that any landing page and/or destination site linked to from the Advertisements will
a. be legal, decent, honest and truthful,
b. not be contrary to the provisions of any applicable law, regulation or code of practice,
c. not be libellous or obscene,
d. not infringe the rights of any person (including any person's intellectual property rights);
e. not be prejudicial to the image or reputation of Benedict Marketing Ltd or myweekin.co.uk;
f. be free from viruses, adware, malware, and/or bit torrents,
g. not cause an adverse effect on the operation of www.myweekin.co.uk, and
8. Benedict Marketing Ltd and its service providers will only use any Advertiser Data solely in relation to the Advertiser's particular advertising campaign. All such Advertiser Data collected by Benedict Marketing Ltd will be treated as the confidential information of the Advertiser and will not be disclosed by Benedict Marketing Ltd to any third party (other than Benedict Marketing Ltd's service providers for the purpose of Benedict Marketing Ltd complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
9. If the Advertisement that appears on www.myweekin.co.uk contains a substantial error solely due to a mistake on Benedict Marketing Ltd's part, Benedict Marketing Ltd shall, on request, amend and re-publish the Advertisement at no additional cost to the Advertiser.
10. In the event of an Advertisement on myweekin.co.uk containing a substantial error solely due to a mistake on Benedict Marketing’s part, Benedict Marketing Ltd shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Benedict Marketing Ltd and the Advertiser, and Benedict Marketing Ltd's maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement paid by or on behalf of the Advertiser.
11. In respect of Advertisements on www.myweekin.co.uk, Benedict Marketing Ltd does not guarantee continuous, uninterrupted access by users of the site but will use reasonable efforts to provide this. In addition, Benedict Marketing Ltd will not be responsible for any failure or delay affecting production of www.myweekin.co.uk and any Advertisements contained therein, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Benedict Marketing Ltd.
12. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
13. The Advertiser will fully reimburse Benedict Marketing Ltd for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by Benedict Marketing Ltd in accordance with these Terms.
14. Benedict Marketing Ltd owns the copyright in all Advertisements written or designed by it or on its behalf.
15. The Advertiser grants Benedict Marketing Ltd the right (free of charge) to:
a. use such of the Advertiser's names, trade marks and/or logos as Benedict Marketing Ltd may consider necessary for the purposes of publishing the Advertisements;
b. reproduce the Advertisement in any media at any time from the date the Advertisement was last published, for promotional purposes.
16. Any client wishing to cancel an online advertisement prior to the end of the advertisement’s allotted and prepaid period of appearance may do so by submitting a request by email, telephone or post (see below for details and address).
17. No refund will be given for the cancellation of prepaid online advertising.
Amendment to advertisements
18. Active online advertisements on myweekin.co.uk cannot be amended by the Advertiser. In exceptional circumstances Benedict Marketing Ltd will consider amending the advertisement on behalf of the Advertiser. This will incur an additional charge to be agreed by both parties and paid before the amendment is implemented.
19. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
20. If Benedict Marketing Ltd fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
21. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
22. These Terms and the documents referred to herein replace all previous agreements between the Advertiser and Benedict Marketing Ltd, and are the entire agreement between the Advertiser and Benedict Marketing Ltd in respect of the Advertisements on ww.myweekin.co.uk. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
23. Subject to clause 12 (statutory rights of consumer), these Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
V.1.0 March 2016
Contact details for Benedict Marketing Ltd for advertising clients of myweekin.co.uk
Telephone: 07502 357367
Mail: Office 5, The Sackhouse, Jicklings Yard, Wells-next-the-Sea, NR23 1AU