These Terms and Conditions apply to all users of this Website. If You do not accept these terms then you should immediately stop using this Website. Your use of the website confirms your acceptance of these terms. We will not be liable to You for any interruption or delay that you experience in accessing the Website, whatever the cause.
West London Living does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected or that the content or the server(s) are available free of viruses or bugs.
This Website is made available on the basis that there are excluded, to the extent permitted by law, any terms implied by statute or otherwise and all liability for any loss or damage however it arises out of the use of this website or reliance on its content.
VERSION DATE: July 2009
Variation of these Terms & Conditions
We reserve the right to make changes to any part of the Website. It may therefore be necessary to change these Terms and Conditions. If we do change the Terms and Conditions, we will update the date above. If You use any of the Website after we have published such changes, you will be agreeing to be bound to those changes. If You do not agree to be bound by the changes then you should immediately stop using the Website.
Website means West London Living.
West London Living is also referred to as ‘We’, ‘Us’ and ‘Our’.
Contributions any unsolicited material, including (but not limited to) verbal, email, video, letters, texts, digital photographs or other images.
Your use of this Website, these Terms and Conditions and any matters arising are subject to the laws of England. Any dispute is subject to the exclusive jurisdiction of the courts of England. Save as specifically provided otherwise. This Website is targeted only at, and goods and services are only available to, UK residents.
All material on this Website is protected by copyright. You may only copy, download and reproduce it for your own personal use. You must not use it for reproduction on any other website, or in any way for commercial purposes or gain unless You first obtain our written consent from firstname.lastname@example.org; 07786 532141
Where any part of the Website requires that You register in order to use it, You are obliged to provide accurate and complete registration information. It is Your responsibility to update and maintain any changes to that information (including Your email address) by altering your details as appropriate.
Registration is at your own risk and we will not be liable for any unauthorised transactions made using your user name, pin number or password
Software and Security
We are not responsible for any technical or other issues that may arise if You download software from an external third party Website (e.g. Acrobat Reader) or upgrade Your browser software to enhance Your usage of the Website.
Third Party Website
This website provides links to other websites. These links are for Your convenience only and do not signify that We endorse or undertake any responsibility for the content of or any transactions that You enter into relating to those linked sites. Use of third party websites is entirely at Your own risk.
The Website and/or the services contain content owned by West London Living. The Content is protected by copyright, trademark, patent, trade secret and other laws. West London Living owns and retains all rights in the Content and the Website and the Services. West London hereby grants You a limited, revocable, non-sublicensable licence to reproduce and display the Content (excluding any software code) solely for Your personal, non-commercial use in connection with viewing the Website and using the Services.
The Website and the Services contain content owned by Users and other licensors (‘Third Party Content’). Except for Content posted by You, You may not, unless specifically authorised by West London Living in writing, copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display content from the Website or the Services on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for Your personal non-commercial use.
Contributions/Notice Board/Chat Room
By submitting any material to West London Living, you automatically grant West London Living the royalty-free, perpetual, irrevocable 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:
- We may select or reject any material for publication at our sole discretion and no correspondence will be entered into.
- You are over 18 years of age and you are the bill payer or have the permission of the bill payer to send us the material.
- Your email address and password are personal to you and you must not allow anyone else to use them.
- You must not impersonate any other user of the website or do anything to assist an unregistered user to gain access to the website.
You further agree that by submitting any material to Us, You also waive all Your moral rights in such materials and agree not to contribute any material:
- that is threatening, defamatory, intentionally offensive, abusive, liable to incite racial hatred, pornographic, obscene, in breach of confidence, in breach of privacy; or
- that is discriminatory against race, religion, disability, sexual orientation or gender; or
- for which You have not obtained all necessary licences and/or approvals; or
- 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
- that is in breach of the rights of any third party; or
- 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). You further agree that if You knowingly send any material which is technically harmful that West London Living retains the right at its sole discretion to pursue You for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred as a result of Your actions; or
- that is not original to You and You grant Us a royalty-free irrevocable and perpetual licence to use, reproduce in whole or in part, modify and adapt such material and authorize others to do so in any media now known or in future developed in any part of the world; and
- that You understand and agree that any breach of these warranties may cause Us damage and loss and You agree to indemnify Us and keep Us at all times fully indemnified from and against all claims, costs, loss or damage incurred by Us directly or indirectly as a result of any material posted by You on the website or any use by You of the website.
We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting material in breach of this clause.
- Disclaimer of Liability: Use of the Website is entirely at Your risk. We do not accept any liability or responsibility for any third party material appearing on the website or for the nature or content of such material: We do not control such material nor do We examine or edit postings prior to their appearance on the website. For the avoidance of doubt, to the fullest extent permissible by law, We are not liable for any loss or damage caused as a result of Your viewing material on the website or Your use of the website (save for death or personal injury if caused by Our negligence).
- We reserve the right (but do not assume the obligation) without notice to remove any material which We in Our sole discretion deem to be harmful, offensive or otherwise in breach of these terms and conditions and/or to terminate the registration of any person who We in Our sole discretion deem in breach of these terms and conditions. This is without prejudice to any of Our rights at law all of which are specifically reserved.
By Accessing or Posting any information You confirm You have read and agreed to the above terms and conditions.
The winner(s) may be notified by email and the results may be published on this Website and/or in the e-newsletter. We reserve the right to report details of competition winners, to take photographs (or other visual media) and to publish such media. The prize must be taken as offered with no alternative. In the event that the prize cannot be supplied no liability will attach to West London Living. Entry into any competition does not give rise to any binding agreement between the parties. When prizes are supplied by third parties We are acting as their agents and as such We exclude all liability for loss or damage You may suffer as a result of any Competition. The editor of the relevant publication or Website decision is final and no correspondence will be entered into. Employees of West London Living and the prize provider and their immediate families and agents may not enter.
West London Living is committed to respecting Your privacy. This statement sets out how West London Living complies with European Community data protection requirements.
Personal data collection
We collect the personal data that You volunteer on forms You submit to Us (for example in registering for membership services), and in emails You send to Us.
Where You can Order products, We will collect Your name, contact and billing information, transaction and credit card information.
We require this information to understand Your needs and provide You with a better service. We will also use it to send You the information You have requested – for example details of houses for sale and jobs which match Your requirements.
We may contact You for market research purposes or to give You information about new features on the Website. You will only be contacted if You have given Us authority to do so.
We will ensure that Your personal data will not be disclosed to third parties except insofar as You have consented to such disclosure or We are required to do so by law.
You may request details of personal information which We hold about You under the Data Protection Act 1998. If You would like a copy of the information, please email email@example.com A £10 fee is payable for all requests made under the Data Protection Act.
If You believe that any information We are holding on You is incorrect, please email Us at firstname.lastname@example.org. We will correct any information which was found to be incorrect within 28 days and without charge.
If You have agreed to the disclosure of personal information and to receiving marketing and promotional information, but no longer wish to do so, then please contact Us email@example.com.
If You are unhappy with Our response, You can ask the Information Commissioner to assess whether the requirements of the Data Protection Act have been met. Write to The Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
From time to time We may provide additional services for You to download. However, the download time may vary considerably between the types of content and You agree that You are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
You agree to indemnify and hold West London Living, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of Your use of the Website or the Services in violation of this Agreement, and/or arising from Your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
All internet services, such as email and Web services are provided by 1 and 1 Internet Ltd.
Acceptance of Advertisements
Conditions of Acceptance of Advertisements
IMPORTANT: These Conditions contain an indemnity if You breach Your warranties to Us.
These Conditions apply to any advertisement which You have asked Us to publish on Your behalf in West London Living (the ‘Advertisement’) and by making such an offer (an ‘Order) You agree to be bound by these Conditions in that respect.
These Conditions override any terms stipulated by You on order forms or elsewhere unless We accept those terms in writing. If we do so, these Conditions will apply except to the extent that they are inconsistent with anything so agreed by Us.
‘We’ and ‘Us’ means, and ‘Our’ refers to, the publisher of West London Living You have asked Us to publish Your Advertisement.
‘You’ means, and ‘Your’ refers to, the person placing the Order with Us and where that person is an advertising or other agency placing the Advertisement on behalf of their client that agency agrees that it has placed the Order as principal.
‘Order’ means confirmed booking of Service made using PayPal
‘Service’ means the Service supplied or to be supplied by West London Living to You.
Payment is made in full within 7 days of receiving invoice from Us. We will notify You if We do not accept Your Order within 3 working days of receiving it and you will receive a full refund. We may reject any Order (in whole or part) prior to publication by notice to You and (to the extent rejected). We will refund any pre-payment in that case but will have no further liability.
If You place an Order but fail to provide copy/artwork within three working days, We may repeat any previous relevant Advertisement from You for which We have copy, or use a filler, and charge You the full price of Your Order in any event.
Any complaint concerning your Order must be notified to us in writing within 7 days of receipt by you; and in the absence of such notice, you shall be conclusively deemed to have accepted such Order.
We shall endeavour to ensure that our Order complies with your instructions. You will check our Order and inform us of any error within 7 days of receipt. In the event of any error being made by us, our liability shall be limited to the replacement or correction of our Order.
Advertising standards, legal obligations and third party rights
You confirm and warrant to Us that the copy You provide and the publication by Us of an Advertisement pursuant to an Order will:
- be legal, decent, honest and truthful;
- not result in a breach of any relevant Code of Practice, including other provisions of the Advertising Standards Code of Practice
- not breach any legislation;
- not be defamatory;
- not infringe any copyright, trademarks or other legal rights of any person or company and that You have received any consent needed to refer to or portray people (expressly or impliedly) in the Advertisement.
- to indemnify Us in respect of all costs, damages and other charges We incur or to which We are subject as a result of publication of any Advertisement pursuant to Your Order where there is a breach of any warranty given by You to Us;
- not to be in breach of contract in relation to the Order/Advertisement;
- that We may store, reproduce and distribute copy relating to any Advertisement, including by electronic means;
- that We may without notice or warning destroy any box office correspondence or communication received in response to an Advertisement which We think it inappropriate to deliver;
- that We accept no liability in respect of any loss or damage alleged to have arisen though delay in forwarding or omitting to forward replies to box numbers to the advertiser (however caused);
- that We accept no liability caused by platform or web browser inconsistencies although the Website is designed and built using the latest web standards and has been tested on all the latest web browsers and platforms, including mobile devices. If you do spot a problem that you think we should be aware of please let us know by emailing firstname.lastname@example.org and we will endeavour to fix it as soon as possible.
- that We may liaise with the police and/or any other relevant authority in relation to any Order/Advertisement or any response to any of them We receive (including passing on Your details);
- that We may record and use Your details to perform Our obligations under these Conditions and publish Your Advertisement (including by passing them to other group companies and/or sub-contractors as reasonably necessary to do so);
- if You are an agency acting for a client, that We may provide a proof of the Advertisement direct to the client for approval by whatever means We deem appropriate;
- that We may hold Your details on record for a reasonable period and contact You about future advertising opportunities which We believe may be of interest to You.
- that any material submitted by You is held by Us at Your own risk and should be insured by You against loss or damage from what ever cause. We reserve the right to destroy without notice all such property after the date of its last appearance in an advertisement unless You have given written instructions to the contrary.
- that You acknowledge that We shall have no liability for any variation of up to 10% in the final published size of any advertisement.
We are not obliged to accept a cancellation request (which We may require to be made in writing style). All cancellations must be made in writing within three days of Order.
We retain copyright (and any other intellectual property rights) in all Our artwork, copy and other materials in any Advertisement (even if combined with any of Your copyright materials). In addition, You agree that We own the copyright in the typographical arrangement of all Advertisements. No copy in any form will be returned unless agreed in writing by Us at the time of placing the Order.
We will not be liable for accidental loss or damage to Your copy, including artwork and photographs, in any format. Accordingly, Our liability for non-accidental damage to Your copy will be limited to the value of the medium in which they are embodied.
Errors, omissions or inaccuracies in Advertisements
We will not be liable for:
- any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in Advertisements, a proof of which has been agreed by You;
- any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in an Advertisement, if that error is notified to Us more than one week after its publication;
- any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in a second or subsequent Advertisement in a series;
- any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in an Advertisement which does not detract from the essence of that Advertisement.
Where We acknowledge an error (including but not limited to spelling and text errors) misprint, inaccuracy or omission We will, at Our choice, either publish the corrected Advertisement, or issue You a credit note to a value not exceeding the price of the Advertisement and this will be the limit of Our liability in respect of the error, misprint, inaccuracy or omission.
Nothing in these conditions shall exclude or limit Our liability for death or personal injury caused by Our negligence, for Our fraud or otherwise to the extent it would be illegal to do so.
These Conditions shall be governed by and construed in accordance with the laws of England and Wales.