These Terms & Conditions govern your use of the website operated under the brand “AGRI TRADER” The title “AGRI TRADER” is licensed to AGRI TRADER Limited (hereinafter “ATL” or “Publisher). This Company is Registered in England & Wales and have their Registered Office at Bluebell Offices, Church Lane, Newcastle Emlyn, Carmarthenshire, SA38 9AB. ATL’s Company Registration No. is 07912802.
This Website is operated by “ATL” under licence and any notices, complaints, observations or questions should be sent to its Registered Office as above. COPYRIGHT NOTICES Unless otherwise specified the copyright in the contents of all the pages in the websites are owned or licensed to “AGRI TRADER". Unless otherwise specified, the authors of the literary and artistic works in the pages in the websites have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
CONDITIONS OF YOUR USE OF THE WEBSITES
Except as stated below, the contents of the websites may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of “AGRI TRADER".
You may not distribute, display or copy any of the contents of the pages contained in the websites to third parties including, but not limited to “caching” any material on the websites for access by third parties and “mirroring” any material on the websites.
You may not provide a link to the websites from any other website without first obtaining AGRI TRADER‘s prior written consent. You may print or download to disk the contents of an individual page of the websites for the purpose of private and personal non-commercial use.
You may also permit your computer to make an electronically stored, transient copy of the content in the websites for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.
EXCLUSION OF THE WEBSITE OPERATOR’S LIABILITY
The information contained in the material in the websites is only for information purposes. AGRI TRADER makes no warranties or representations as to its accuracy or reliability. The material on the websites does not constitute advice and you should not rely on any material in the websites to make (or refrain from making) any decision or take (or refrain from taking) any action.
“AGRI TRADER" shall not make any warranty or representation as to the accuracy or fitness for purpose of any material on the websites or the reliability of the access to the websites. In no event do we accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from performance of, use of or inability to use the websites. While AGRI TRADER endeavours to ensure that the websites is normally available 24 hours a day, AGRI TRADER shall not be liable if for any reason the websites is unavailable at any time or for any period. Access to the websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond AGRI TRADER’s control. AGRI TRADER makes no warranty that the websites (or websites which are linked to the websites) is free from computer viruses or any other malicious or impairing computer programme. The pages contained in the websites may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. All users are advised to check advert details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.
THIRD PARTY MATERIAL AND ADVERTISEMENTS
The websites contains material (including but not limited to advertisements) submitted and created by third parties. All advertisements published in AGRI TRADER are subject to the Advertising Terms and Conditions. All third party material is published by AGRI TRADER in good faith.
AGRI TRADER do not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and AGRI TRADER specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and AGRI TRADER takes no responsibility for such material.
In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party‘s terms and conditions and AGRI TRADER will have no liability to you in respect of the same. The websites also contains links to other websites which are not under the control of and are not maintained by AGRI TRADER. AGRI TRADER is not responsible for the content of those sites. AGRI TRADER provides these links for your convenience only but does not necessarily endorse the material on these sites. All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that AGRI TRADER has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of AGRI TRADER or of any third party. MATERIAL SUBMITTED BY YOU By submitting any material to AGRI TRADER, you automatically grant AGRI TRADER the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You acknowledge that AGRI TRADER is not obliged to publish any material submitted by you. By submitting an advertisement to AGRI TRADER you automatically agree to be bound by the Advertising Terms and Conditions. YOUR CONDUCT You are prohibited from posting or transmitting to or from the websites any material (including video, graphic, audio, text):
1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, illegal, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
2. For which you have not obtained all necessary licences and/or approvals; or
3. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
4. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5. Which is, or contains, pharmaceutical products normally requiring a licence for sale.
You may not misuse the website (including, without limitation, by hacking).
AGRI TRADER shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms.
DATA PROTECTION AND PRIVACY
If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
LAW GOVERNING THE TERMS
Use of the websites and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.
The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with the websites and its use and these Terms.
The websites is aimed at users in the United Kingdom. Where UK regulatory authorities have jurisdiction over the contents of the websites, AGRI TRADER has attempted to ensure compliance with the requirements of such regulatory body.
However, some of the information in the pages contained in the websites is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in the websites complies with the regulatory regime of countries other than the United Kingdom.
These terms and conditions constitute the entire agreement between you and AGRI TRADER relating to the subject matter herein.
If you have any questions or queries regarding any of the services or products featured please send an email to: firstname.lastname@example.org.
When you are buying services over the Internet, you need to be assured that your details will be safe from prying eyes and misuse.
AGRI TRADER is well aware of these issues and it is important that you are too and that you are confident that every effort has been made to protect you.
Any information being passed over the internet, whether credit card details, names, addresses, phone numbers or other sensitive information is encrypted to the highest industry standard so that no one can read or obtain your details for fraudulent means.
CREDIT CARD PAYMENT
You can pay using one of the following credit/debit cards: Visa, Mastercard, Switch, Delta, BarclaysConnect, Electron, Solo, AMEX and Maestro.
All prices are quoted in Pounds Sterling and payment cannot be accepted in any other currency.
All information is held by PayPal who will be responsible for debiting the correct amount from your card. Once your transaction is completed, AGRI TRADER does not keep a record of your credit card number. The only record AGRI TRADER keeps is the authorisation number received from the bank.
ADVERTISER TERMS AND CONDITIONS
1. In these terms and conditions (the “Advertising Terms and Conditions”), (a) “the publisher” means AGRI TRADER Limited, of Bluebell Offices, Church Lane, Newcastle Emlyn, Carmarthenshire, SA38 9AB (Company No. 07912802), the publisher of AGRI TRADER West Wales, AGRI TRADER South & Mid Wales, AGRI TRADER North Wales and Cheshire, AGRI TRADER Border Counties, and agritrader.co.uk; (b) “buyer” means the person placing the order to insert the advertisement, whether such person be the advertiser of the product/service (the ‘advertiser‘) or the advertiser‘s advertising agency or media buyer; (c) an ‘advertisement‘ means the matter to be published or separately inserted. The publisher offers the service of publishing advertisements in AGRI TRADER West Wales, AGRI TRADER South & Mid Wales, AGRI TRADER North Wales and Cheshire, AGRI TRADER Border Counties, and agritrader.co.uk. These advertising terms and conditions apply to advertisements published in AGRI TRADER‘s portfolio, both print and online.
THE BUYER‘S GENERAL OBLIGATIONS
2. The buyer contracts with the publisher as principal. Where the buyer and the advertiser are different persons, the buyer warrants that it is properly authorised to place the advertisement on behalf of the Advertiser.
3. The buyer warrants that in relation to an advertisement as submitted or subsequently amended: (a) the reproduction and/or publication of such advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or other personal or proprietary right of any person or render the publisher liable to any proceedings whatsoever; (b) all advertising copy submitted to the publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority, OFCOM or any other applicable body; and (c) in relation to any financial promotion the advertiser is, or the contents of the advertisement have been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 and related legislation including but not restricted to Financial Services and Markets 2000 (Financial Promotion) Order 2001 or that the advertisement is otherwise permitted under that Act or related legislation.
4. The copyright for all purposes in all artwork, copy and other material which the publisher or its employees have originated or reworked shall vest in the publisher. The buyer grants the publisher a licence to reproduce in AGRI TRADER‘s portfolio all material not so vesting unless specifically agreed otherwise.
5. The buyer agrees to check the correctness of the advertisement. Any complaint, whether about the advertisement (and of each individual advertisement if part of a series) or the details contained in the invoice or email confirmation of booking (as the case may be), must be raised with the publisher within 7 days of publication or receipt of invoice or email confirmation of booking (whichever is the earlier) and will not affect the liability for payment at the due time.
6. The buyer will indemnify the publisher and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the publisher arising directly or reasonably foreseeably as a result of any breach or non-performance by the buyer of any of the representations, warranties or other terms herein contained or implied by law.
7. All material contained in AGRI TRADER‘s portfolio is published in good faith, the publisher does not in any circumstances accept responsibility for the accuracy or otherwise of any advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). The publisher specifically disclaims all and any liability to the buyer, advertisers, readers and users of any kind (other than death or personal injury caused by the publisher‘s negligence or breach of statutory duty) for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the publisher or its employees or agents or any other person. Save in the case of death or personal injury caused by the publisher‘s negligence or breach of statutory duty, under no circumstances shall the publisher be liable to the buyer or the advertiser or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the publisher was advised of the possibility of such losses. In all other respects, the publisher‘s liability shall be limited to either (a) placement of a new advertisement the same or similar to the advertisement originally booked in either AGRI TRADER‘s portfolio or (b) the amount paid or payable by the buyer.
8. The buyer agrees that the publisher has no liability in respect of any box numbers and agrees not to use box numbers for sending original documents, goods or payments of any kind, nor for the distribution of circulars. Box number replies will be collected only by the buyer or the buyer‘s nominee. An additional fee will be charged to the buyer for use of a box number.
THE BUYER‘S PAYMENT OBLIGATIONS
9. Payment in respect of the advertisement (including where relevant any associated production, late copy and box number charges) is due in advance of publication except where the publisher has confirmed its agreement in writing to allow credit to the buyer, in which case payment shall be due:
(a) if the buyer is a recognised agency under the Joint Recognition Scheme of the Newspaper Publishers Association Limited and the Newspaper Society, no later than 2pm on the last working day of the month following that in which the advertisement appeared; or
(b) in any other case, no later than 2pm on the last working day prior to the 16th day following the end of the month in which the advertisement appeared.
Full details of each remittance under this clause are to be supplied to the publisher by the due time. Payment shall mean (i) the receipt by the publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque subsequently honoured or at the bank of monies transferred electronically or through the clearing bank‘s Giro credit system or (ii) payment by credit card which may be subject to an additional administration charge. For the avoidance of doubt in determining the last working day of the month, only English bank holidays shall apply.
10.(a) In respect of consumer buyers, the publisher shall provide an email confirmation of booking for each advertisement published on AGRI TRADER.com. Upon request, an invoice will be provided to a consumer buyer for any print advertisement booking. (b) In respect of trade buyers, the publisher shall provide an invoice for each print advertisement in AGRI TRADER and to provide an email confirmation of booking for each advertisement placed on AGRI TRADER.com. Liability for payment arises from confirmation of the advertisement credit. Further, all items on the statement are deemed to be payable; any errors or omissions must be communicated to the publisher in accordance with clause 5 and in time to be rectified before payment becomes due. Payment for the advertisement shall be made whether or not the buyer shall have provided the publisher with an order number at the time the advertisement was booked.
THE PUBLISHER‘S OBLIGATIONS
11. The publisher will endeavour to reproduce and prepare colour and mono advertisements as requested but cannot guarantee that reproduction will meet its normal standards. In any event the publisher shall have no liability where the buyer has supplied material not in accordance with the publisher‘s specifications as set out in the rate card or as available on request.
12. The publisher may decline to publish, or omit, suspend, edit, change the position or require amendment of all or any part of any advertisement accepted for insertion. The publisher is not obliged to publish any advertisement on a particular day or in a particular position.
13. The publisher will not be liable for any loss of copy, artwork, photographs or other materials. The buyer warrants that it has retained copies and the originals of advertisements.
14. The buyer may cancel an advertisement only in accordance with this clause 14. The buyer‘s right to cancel depends upon whether he or she is a “consumer” (as that term is defined in the Consumer Protection (Distance Selling) Regulation 2000 (the “Regulations”)) or not (ie a “trade buyer”) as follows:
(a) A “consumer” buyer as defined in the Regulations may cancel the placement of an advertisement at any time up to the expiry of seven working days beginning with the day after the day on which the “consumer” buyer places its order for an advertisement. However, the “consumer” buyer accepts that if the publisher commences providing services in relation to the placing of the advertisement prior to the expiry of such seven day cancellation period with the “consumer” buyers agreement, the “consumer” buyer will lose his or her right to cancel. To simplify, the “consumer” buyer agrees that (i) in respect of print only advertisements the publisher will start to provide services by 4:30pm, on the deadline day of the publication of the advertisement (ii) in respect of advertisements including an on-line element the publisher will start to provide services as soon as the advertisement is visible on-line. In either case the “consumer” buyer accepts that he/she will not have any right to cancel the advertisement unless the publisher is notified prior to the commencement of service provision.
(b) A trade buyer may cancel at any time between placing the order and by 12 o‘clock on the deadline day of the publication of the advertisement. Upon cancellation, the buyer shall be entitled to a full refund. If the buyer is deemed unable to pay its debts within section 123 of the Insolvency Act 1986, this may be treated as a cancellation.
15. Without prejudice to the publisher‘s entitlement to be paid, in the event of any error in the publishing of the advertisement caused by the act or omission of the publisher, the publisher at its sole discretion may either re-insert the advertisement or make a reasonable refund of or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
16. There is no obligation on the publisher to supply voucher copies, tear sheets or other acceptable facsimile, illustrating publication and their absence shall not affect the buyer‘s liability for payment.
17. These Advertising Terms and Conditions apply to advertisements published within AGRI TRADER‘s portfolio. GENERAL
19. The placing of an order for an advertisement amounts to an acceptance of these terms (including any additional matters set out in the rate card) to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
20. If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by the publisher shall be effective except in relation to the matter in respect of which it was specifically given.
21. The publisher may for its own benefit enforce in its own right any of these terms subject to and in accordance with the provisions of The Contracts (Rights of Third Parties) Act 1999. Except as provided by this clause, nothing in these terms is intended to confer on any person any right to enforce any provision of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
22. These terms shall be construed under and governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
CHANGES TO THE TERMS AND CONDITIONS 23.