Membership Terms and Conditions
Advertiser: The company, business. partnership or individual who books to become a Member/take Membership with the Publisher.
Business Listing: Information on the Advertiser’s business on the website www.visitmilfordonsea.co.uk under a section specific to the Advertiser’s business. Comprising of Content as supplied by the Advertiser to the Publisher as identified in the Welcome Pack.
Cancellation Date: 14 days after the date specified on the Confirmation Email.
Charge: The cost of the annual Membership as specified on the Publisher’s website, which is payable annually by the Advertiser to the Publisher.
Content: Information on the Advertiser’s business for their Product Page or Business Listing, as provided by the Advertiser to the Publisher whether in form of images, photography, artwork or copy to be used by the Publisher on the Publisher’s website.
Contract: The legal agreement between the Advertiser and the Publisher, which shall become binding on both parties when the Membership Booking, agreement of these Terms and Conditions and the Charge is completed/paid by the Advertiser and sent to the Publisher.
Confirmation Email: The booking email correspondence sent from the Publisher to the Advertiser, confirming the Membership Booking, Membership Term and Cancellation Date.
Copy Deadline: The date as set out in the Confirmation Email for submission of Content.
Member/Membership: To join/sign up to the website Visit Milford on Sea, on an annual basis, which provides services to the Advertiser as detailed on the Publishers website.
Membership Booking: The procedure of joining, which must be completed by the Advertiser and submitted to the Publisher.
Paid Invoice: Document showing that the Charge of the annual membership has been paid for the Advertiser’s business records.
Product Page: A one-page business information page on the website visitmilfordonsea.co.uk under a section specific to the Advertiser’s business comprising of Content as supplied by the Advertiser to the Publisher as identified in the Welcome Pack.
Term: The time period of the Membership agreement as confirmed to the Advertiser by the Publisher in the Confirmation Email.
The Publisher: Visit Milford on Sea and whose address is Highlands, Milford on Sea SO41 0TP and whose website is visitmilfordonsea.co.uk
Welcome Pack: Information sent to the Advertiser, on completion of the Membership Booking in order to set up the Advertiser’s Product Page.
1. CONTRACT ARRANGEMENT
1.1 The Contract is made between the Publisher and the Advertiser (who books to become a Member on the Publisher’s business Visit Milford on Sea – visitmilfordonsea.co.uk).
1.2 A verbal booking to become a Member shall be binding on the Advertiser for 10 days. At any point during that time, the Publisher will send a Confirmation Email to the Advertiser with details on how to complete the online Membership Booking.
1.3 All Membership Bookings are to be made online via the Publisher’s website visitmilfordonsea.co.uk
1.4 The Advertiser’s Membership on the Publisher’s website visitmilfordonsea.co.uk will be on an annual Term basis, with the period Term as specified in the Publisher’s Confirmation Email to the Advertiser.
1.6 Once the Advertiser’s Membership Booking, confirmation of the agreement of the Terms and Conditions and the Advertiser’s Charge has been received by the Publisher, the Contract between the Publisher and the Advertiser is now binding, unless the Publisher deems clause 1.8 has been breached.
1.7 The Publisher will send a copy of the Paid Invoice to the Advertiser for their business records once payment of the Charge, the Membership Booking and the confirmation of these said Terms and Conditions has been received.
1.8 The Publisher reserves the right to cancel the Contract and omit any Content submitted by the Advertiser, which was due to be published should:
a) The Advertiser be in breach of the payment and credit Terms and Conditions as detailed within these terms and conditions.
b) In the Publisher’s reasonable opinion, any of the Content be obscene, defamatory or infringe the intellectual property rights of a third party or otherwise be contrary to any law that may from time to time be in force in England and Wales or to any other rules, law that may from time to time be in force in England and Wales or to any other rules, regulations, guidance, codes of practice or industry standards.
c) The Content be of an unacceptable standard or quality.
d) The Advertiser’s business is not of relevance to the target audience of the Publisher’s website visitmilfordonsea.co.uk
e) The Publisher reserves the right to refuse/cancel membership and resultant benefits if the Advertiser acts in a manner or carries out activities that are counter-productive to the aims of the Publisher and the Publisher’s website visitmilfordonsea.co.uk or brings the area into disrepute.
2.1 The Contract hereby entitles the Advertiser to a one-page Product Page or Business Listing as specified in the Membership Booking on the Publisher’s website Visit Milford on Sea visitmilfordonsea.co.uk in a section of the website, as agreed between the Publisher and Advertiser.
2.2 The Advertiser must supply Content, to the Publisher for approval prior to the Content being uploaded on the Publisher’s website (milfordonsea.co.uk) in accordance with the Membership Welcome Pack.
2.3 In the event of an omission resulting from failure to deliver suitable Content before the Copy Deadline, as advised in the Publisher’s Confirmation Email, the cost of the Membership cannot be refunded to the Advertiser.
2.4 In the event of failure by the Advertiser to deliver suitable Content before the Copy Deadline, the Publisher, at its sole discretion, reserves the right to use Content from another source or to repeat Content already in its possession from a previous Membership placed by the Advertiser.
2.5 The Publisher, shall be entitled at its sole discretion to refuse the inclusion of any Content or an Advertiser, on the Publisher’s website milfordonsea.co.uk.
2.6 In circumstances where the Publisher refuses inclusion of any Content on the Publisher’s website, the Publisher may:
a) cancel the Membership Booking by giving notice in writing to the Advertiser; or
b) require the Advertiser to amend the Content. If the Advertiser fails to make the required amendment under this clause or if such amendment does not meet the approval of the Publisher then without prejudice to clause 2.1 the Publisher may cancel the Membership Booking by giving four weeks’ notice in writing to the Advertiser.
2.7 It is the responsibility of the Advertiser to inform the Publisher of any changes to its individual Content during the course of the Contract’s Term.
3.1 The Publisher accepts no liability in relation to the Content from the Advertiser’s and the Advertiser shall indemnify the Publisher against any claim, loss, damage and/or expense that the Publisher may incur as a direct or indirect consequence of Content from the Advertiser’s Content or publishing the Content in accordance with the instructions of the Advertiser.
3.2 Although every effort is made to avoid errors, if they should occur then the Publisher will not be liable to the Advertiser in any of the following circumstances:
a) Where the error is due to inaccuracy or imprecise instructions from the Advertiser.
b) Where the Content has been given only verbally to the Publisher.
c) Where the error is a typesetting error, which has occurred during the free typesetting service offered by the Publisher to the Advertiser
d) Where the Advertiser has not informed the Publisher of any changes to the business such as opening hours, change of address etc.
3.3 The Publisher shall not be liable to the Advertiser for any indirect or consequential loss, including but not limited to loss of revenue, loss of business or loss of goodwill or reputation.
3.4 The Advertiser hereby warrants that the Content they provide does not infringe the intellectual property rights of any third party.
3.5 The Advertiser further warrants that the Content complies with all relevant statutory requirements and does not breach any relevant advertising codes or guidance issued by the Advertising Standards Authority or any other competent body. Furthermore, the Advertiser shall use all reasonable endeavours to ensure that the Content will not contain any material or factual inaccuracies.
3.6 The Publisher shall be under no liability for any delay or failure to deliver the Membership Booking or otherwise perform any obligation as specified in this Agreement if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
3.7 The Advertiser warrants that it owns or has the right to use and permit the Publisher to use the Content in accordance with these Terms and Conditions. Furthermore, the Advertiser has the power and capacity to enter into the Contract with the Publisher.
4.1 A person who is not a party to this Agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
4.2 The Advertiser acknowledges that the Publisher is subject to the requirements of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 may be obliged to disclose information in relation to this Agreement without consulting the Advertiser.
4.3 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales.
4.4 The Publisher shall be under no liability to the Advertiser where it is unable to comply with the terms of the Contract for any reason beyond its reasonable control (‘Force Majeure Event’) including without prejudice to the generality of the foregoing act of God, war, fire, flood, or any other natural disaster, failure of power supply, industrial action, pandemics and epidemics or any action taken by employees or sub-contractors or otherwise.
5. Terms of Payment
5.1 Full payment of the annual Charge is due upon completion of the Membership Booking.
6.1 Cancellation can be accepted only if it is received by email by the Publisher before the Cancellation Date, which is specified in the Publisher’s Confirmation Email. Cancellations received later than that date will not be authorised.
6.2 If an Advertiser ceases to trade after the Cancellation Date no refund or reimbursement of the Membership Charge will be made. The Advertiser must inform the Publisher that the business has ceased trading, then the Publisher will remove the Advertiser’s product page from the website.
Linda Scott/Rachel Lewis
Visit Milford on Sea
Milford on Sea
T: 07967 502323/07780 703063