Terms and Conditions
Last revised on 9th February 2015.
Note: You are concluding a legally binding agreement.
PART 1: INFORMATION
Information about us
Bdaily.co.uk (our site) is a site operated by Bdaily Limited (We). We are registered in England and Wales under company number 06071811 and have our registered office and main trading address at Spaceworks, Benton Park Road, Newcastle upon Tyne, NE7 7LX. Our VAT number is GB939 8242 80.
Information about this page
This document sets out all of the terms and conditions which govern the relationship between us and is organised into four parts, as follows:
Definitions in any part of this document apply in all other parts (unless the context requires otherwise).
Terms of website use
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided ‘as is’ without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of goods, services or information formed through or applicable to our site are governed by our terms and conditions of supply set out in Part 3 of this document (Terms of Supply).
Uploading material to our site
Any material you upload to our site will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our content standards.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may use our site only for lawful purposes. You may not use our site:
You also agree:
We may from time to time provide interactive services on our site, including, without limitation:
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute (in whatever media) to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
We retain full editorial control over contributions to our site and may refuse to publish or take down any material already published for any reason whatsoever.
You retain ownership of the copyright in any contributions made to our site, but upon submission, you grant to us a perpetual, worldwide, exclusive, royalty-free licence to publish and continue publishing without limit as to time, and whether or not you continue to be a registered user, all such contributions.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
This clause has equal application to all parts of this document.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Part 3: Terms of Supply
Registered users may purchase advertising and sector sponsorship services from us. The terms in Part 3 of this document (Terms of Supply) apply to all services provided by us in connection with our site for which we currently make a charge.
Placing an Order
Orders for advertising should be placed using the booking form available on the user dashboard. Save as provided below, a contract for the provision of advertising services will come into effect when your order has been acknowledged and all sums due on acceptance have been received in cleared funds. We reserve the right to reject or not acknowledge any booking for advertising (for any reason whatsoever). If we need to amend your booking, we will usually confirm the new terms in writing and a contract will be formed when you have indicated acceptance and all sums payable on acceptance has been received in cleared funds, save that we have the discretion not to proceed with any booking if your fail to confirm acceptance within 24 hours.
If you wish to purchase sector sponsorship, please contact us at email@example.com and we will provide you with a proposal and a project plan. A contract for the provision of the services included within the proposal will come into existence when you have confirmed acceptance and any sums payable on acceptance have been received in cleared funds.
Notwithstanding the foregoing, unless we agree otherwise or proceed with performance, all orders will automatically be cancelled if you fail to provide approval of a proposal or pay any sums payable on acceptance within 3 days of this being requested (or such earlier time as the services were planned to commence).
Once placed, you may not cancel an order.
If you place an order or agree to a proposal on behalf of a body corporate or partnership, you warrant that you are duly authorised to do so.
You will be responsible for the design and delivery of advertising copy, which must comply strictly with our technical specifications and delivery deadlines notified to you from time to time.
As a sector sponsor, you will be responsible for making the contributions referred to in the project plan, which may include contributing artwork, articles, podcasts, web videos and making yourself, or your employees and representatives, available for interview.
You warrant that all advertising copy and contributions will be fair and honest and will be in accordance with the law and the British Code of Advertising Practice.
Approval of advertisements
We reserve the right to:
We shall not be required to provide any proof of insertion of an advertisement.
In the event that there is any error in an advertisement which we publish on your behalf, we may replace the advertisement or make a reasonable adjustment to or refund the relevant costs. In no event shall our liability in connection with any error exceed that part of the contract price which is applicable to the publication of the advertisement during the period before the error was corrected.
You warrant that the publication of advertising copy and other contributions which you contribute will not infringe the intellectual property rights of any person or organisation.
We will own the copyright in any articles or editorials which we, or our agents, employees or servants, create for you during the course of the contract. We shall have an unlimited right to publish these articles and editorials on the worldwide web and you shall have a perpetual, exclusive, worldwide, licence to publish on your own website.
The cost of the services will be as published on our website (except in the case of a clear mistake) or quoted in our proposal.
All invoices shall be payable strictly on the agreed dates or in the absence of an agreement, by return.
Without prejudice to our other rights, in the event that you do not pay any sums due to us on the due date, we may terminate a contract or suspend our performance until the outstanding amount has been paid in full.
All sums payable to us shall be payable without deduction. Prices stated are exclusive of value added tax.
Limitation of Liability
To the extent permitted by law, we hereby expressly exclude, in connection with any services supplied to you:
We will have no liability in connection with any delay in the publication of an advertisement or any contributions. If an advert or editorial is not published within 21 days of the agreed date, for a reason which is not your fault, you may, as your sole remedy, terminate your order. Termination shall be without prejudice to your duty to pay for services provided prior to the date of termination.
We will have no liability in connection with any unavailability of our site during the contract period. If our site is unavailable for a period of more than 72 consecutive hours (otherwise than for reasons outside of our reasonable control), your sole remedy shall be to terminate your order, whereupon any charges we have received in relation to services applicable to a period after the date of termination shall be refunded to you in full. Termination shall be without prejudice to your duty to pay for services provided prior to the date of termination.
Without prejudice to the other limitations on our liability, whether contained within this section or otherwise, our total aggregate liability to you in connection with any services we agree to supply (whether in contract, tort, including without limit, negligence, or otherwise) shall not exceed the contract price.
The expiry or termination of each contract for services will be without prejudice to our accrued rights against you.
These Terms of Supply may be updated from time to time as new products and services become available. You should always check the latest version of our Terms of Supply on our website before placing any orders.
We are committed to protecting and respecting your privacy.
The policy in Part 4 of this document sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), we are the data controller in relation to personal data which is collected through our Site.
Information we may collect from you
We may collect informaiton from you:
We will use the information received from you, including the data received from your Facebook account to provide access to pur application. When you share content from our application we will attribute the shared link to you so we learn more about how our users share content.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Cookies and traffic data
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
NameDescriptionExpiryMore Information_BDCAuthentication cookie31 DaysHelps us to know when a registered user is logged in
Cookies may be "session" or "persistent". Session cookies are temporary cookies which are deleted when you close your browser or leave your session in the product or service. We use session cookies on our website to identify and track users. Our session cookies may also containyour account number, user name and email address. Persistent cookies enable our website to "remember" who you are and to remember your particular preferences on our website. Persistent cookies will stay on your computer or device after you close your browser or leave your internet session. Except for essential cookies, all cookies will expire after you close your browser.
Our websites use several web analytics cookies. These cookies allow us to recognise and count the number of visitors and see how they use and move around the website. This helps us to improve our website.
Google Analytics' terms require us to reproduce the following wording in this policy:
You may choose to configure your browser to restrict or block all cookies. If you do choose to disable cookies, you may find this affects your ability to use certain parts of our website. For more information about cookies and how to adjust your browser settings to accept, delete or reject cookies, please see the Internet Advising Bureau website www.youronlinechoices.co.uk. In order to opt out of Google Analytics, please visit website https://tools.google.com/dlpage/gaoptout.
BY USING OUR WEBSITE YOU CONSENT TO RECEIVE THE COOKIES REFERRED TO ABOVE
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Where we store your personal data
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
We may also use your data to provide you with information (via electronic communications) about our goods and services or the goods and services of selected third parties which may be of interest to you.
If you do not want us to use your data for marketing purposes, please unsubscribe directly by clicking the relevant button in the communication itself.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Spaceworks, Benton Park Road, Newcastle upon Tyne, NE7 7LX or email firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Thank you for using Bdaily!