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GAY to Z Directories Limited

Our promise | Conditions of Acceptance of Advertisements | Contact


OUR PROMISE

1.1 We are confident in the businesses we feature on GAYtoZ Directories and back them with this GAYtoZ Directories Promise.

1.2 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.

 

2 USE:

2.1 If you use the Website or if you make any Purchase you are legally bound by this Agreement.

2.2 Minimum Age: To use the Website and/or the Service (whether with or without registration) and/or to make any Purchase, you must be 18 years of age or over.

2.3 Place of Use: The Website and the Service are directed solely at those who access the Website and/or make any Purchase from the UK. We make no representation that the Service (or any products or services) are available or otherwise suitable for use outside of the UK. If you choose to access the Website (or use the Service or make a Purchase) from locations outside the UK, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

2.4 Scope of Use: The Website, Service and any Purchase are for your non-commercial, personal use only. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.

2.5 Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.

 

3 RESPONSIBILITY

3.1 Please note that it is the Merchant or GAYtoZ Shop, and not GAYtoZ Directories, who is the seller of the Merchant Products/Services or the GAYtoZ Shop Goods.

3.2Please note that it is the Merchant or GAYtoZ Shop, and not GAYtoZ Directories, who is the party who enters into a contract with the person purchasing Products/Services or GAYtoZ Shop Goods.

3.3 Please note that it is the Merchant or GAYtoZ Shop, and not GAYtoZ Directories, who is solely responsible for providing you with the Merchant Products/Services or GAYtoZ Shop Goods and for the Merchant Products/Services or GAYtoZ Shop Goods themselves.

 

4 RESTRICTIONS

4.1 Shipping Costs: You may be required to pay shipping costs.

4.2 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website and Service as well as other promotional offers. You can always opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.

5. CANCELLATIONS, REFUNDS OR PROBLEMS

5.1 If your experience using your GAYtoZ ever lets you down, our first response will always be to try and help you receive the experience you purchased.

5.2. If we can't assist you, we will help you contact local Trading Standards services, or relevant professional body, so that they can resolve problems with the supplier involved.

5.3 If the Merchant Products/Services are not what you expect based on the description before Purchase: If you have a complaint and you contact Customer Services at GAYtoZ Directories, one of several things can happen:

5.4 If we confirm to you that the description on the Website is correct and the Merchant is at fault or you are otherwise unsatisfied with what the Merchant provides: we will try and contact the Merchant to resolve the issue. Please note that (as per Clause 4.8 of this Agreement), the Merchant (and NOT GAYtoZ Directories) is responsible to provide goods and services.

5.5 If the description on the Website or email is incorrect for some reason: On rare occasions, we can make mistakes. Although we pride ourselves on our professionalism and responsibility, we are staffed by human beings! You will see that throughout this Agreement we exclude legal liability for errors and omissions in several places (see for example Clause 6 of this Agreement). If we notice an error, we may contact you about amending the description. If you find the description is incorrect for some reason, then please let us know.

5.6 GAYtoZ Directories is NEVER responsible in respect of, or to provide, goods and services as described on the Website or for GAYtoZ Shop Goods or otherwise.

6. STANDARDS AND GAYtoZ Directories'S LIMITATION OF ITS LIABILITY

6.1 The standards we operate under: GAYtoZ Directories always tries its best at what it does, and we will exercise reasonable care and skill in performing any obligation under this Agreement.

6.2 We will not contravene the requirements of professional diligence in what we do.

6.3 What we are always responsible for: Nothing in this Agreement shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law (such as fraud).

6.4 What we are never responsible for: We do not warrant and we exclude all Liability in respect of Merchant Products/Services and GAYtoZ Shop Goods and in respect of the quality, safety, usability or any other aspect of the products or services.

6.5 What you can and cannot take legal action against us for: If we mess up in any way, ultimately you can take action against us for a breach of contract (i.e. for breach of this Agreement) but for nothing else (such as suing for a tort).

6.6 Categorises of loss that we are not responsible for: We shall have no Liability for:

6.6.1 loss of revenue;

6.6.2 loss of actual or anticipated profits;

6.6.3 loss of contracts;

6.6.4 loss of the use of money;

6.6.5 loss of anticipated savings;

6.6.6 loss of business;

6.6.7 loss of opportunity;

6.6.8 loss of goodwill;

6.6.9 loss of reputation;

6.6.10 loss of, damage to or corruption of data; and

6.6.11 indirect or consequential loss, whether those losses are foreseeable, known, foreseen or otherwise.

6.7 Limits of our liability: Our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to: £50.

7. YOUR OBLIGATIONS

7.1 Merchant and GAYtoZ Shop terms: Merchants and GAYtoZ Shop will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you shall ensure that Merchants or GAYtoZ Shop abides by those terms and conditions. The responsibility to do so is yours - not ours! However, when we "check out" Merchants which relate to that Merchant's Merchant Products/Services, we shall list any restrictions applicable.

7.2 Content on the Website and Service: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.

7.3 Things you cannot do: Without limitation, you undertake not to:

7.3.1 to send or receive any material which is not civil or tasteful;

7.3.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

7.3.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); 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 any country in the world;

7.3.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

7.3.5 to cause annoyance, inconvenience or needless anxiety;

7.3.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

7.3.7 for a purpose other than which we have designed them or intended them to be used;

7.3.8 for any fraudulent purpose;

7.3.9 other than in conformance with accepted Internet practices and practices of any connected networks; or

7.3.10 in any way which is calculated to incite hatred against any ethnic, religious, homophobic, mysogynistic,or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

7.5 Forbidden uses: The following uses of the Serviceand Website are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

7.5.1 resell the Service or Website

7.5.2 furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

7.5.3 attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

7.5.4 access the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

7.5.5 execute any form of network monitoring which will intercept data not intended for you;

7.5.6 send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

7.5.7 create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;

7.5.8 send malicious email, including flooding a user or site with very large or numerous emails;

7.5.9 enter into fraudulent interactions or transactions with us, a Merchant or GAYtoZ Shop (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

7.5.10 use the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;

7.5.11 use in an unauthorised manner, or forge, mail header information;

7.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service; or

7.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.

7.6 Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

8. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE

8.1 Errors and omissions: We are not liable for errors or omissions (e.g. listing goods at £1.99 instead of £199!). We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time.

8.2 Viruses and similar stuff: We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.

8.3 Stopping access: Although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

8.4 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-UK user pretends to be a UK user, or disrupts the Website or the Service in any way.

8.5 Multiple logins: If you use multiple logins, if we do take any action against you, you may have action taken against all of your accounts.

9. SUSPENSION AND TERMINATION

9.1 If you use (or anyone other than you, with your permission uses) the Website or Service in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part).

9.2 If we suspend the Service or Website, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.

9.3 GAYtoZ Directories shall fully co-operate with any law enforcement authorities or court order requesting or directing GAYtoZ Directories to disclose the identity or locate anyone in breach of this Agreement.

9.4 Without limitation to anything else in this Clause, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:

9.4.1 you commit any breach of this Agreement;

9.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or

9.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

9.5 Notwithstanding anything else in this Clause 9, we may terminate this Agreement at any time.

9.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

10. INDEMNITY

10.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:

10.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:

a) your use of the Service or Website;

b) the use of the Service or Website through your password; or

10.1.2 any breach of this Agreement by you.

11. DATA PROTECTION

11.1 Please see our Privacy Policy and our Cookies Policy which forms part of this Agreement. Disclaimer

12. ADVERTISEMENTS

12.1 We may place advertisements in different locations on the Website and email newsletters, and at different points during use of the Service. These locations and points may change from time to time.

12.2 You are free to select or click on advertised goods and services or not as you see fit.

12.3 Any advertisements may be delivered on our behalf by a third party advertising company.

12.4 No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our third-party advertiser or affiliate may place or recognise a unique "cookie" on your browser. This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Cookie Policy about this which you can click on for more information.

13. LINKS TO AND FROM OTHER WEBSITES

13.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept (nor do we assume) responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

13.2 This GAYtoZ.com website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, (subject to Clause 14.4 below) information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

14.2 None of the material listed in Clause 14.1 above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.

14.3 All rights (including goodwill and, where relevant, trade marks) in the "GAYtoZ ", "GAYtoZ OFFERS & DISCOUNTS", "iGAY.co.uk", and "AskDorothy" and names are owned by us (or our licensors), although please note that GAYtoZ Shop (which is a separate affiliate company to GAYtoZ Directories!) also has rights to use the "GAYtoZ " name. Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.

14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.

14.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.

14.6 Subject to Clause 14.7 below, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation and subject to any details you provide relating to receiving money from you. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

14.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

15. GENERAL

15.1 Interpretation: In this Agreement:

15.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

15.1.2 clause headings such as ("15. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 15.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and'

15.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

15.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

15.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

15.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.

15.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

15.6 Entire agreement: This Agreement (and our Privacy and our Cookies Policy) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform this Agreement) and that party's only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

15.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.

15.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

15.9 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of GAYtoZ Directories, its subsidiaries, any holding companies of GAYtoZ Directories, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

15.10 Survival: In any event, the provisions of Clauses 1, 2, 4, 5, 6, 8, 10, 11, 14, 15, 16 and 17 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service.

15.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

15.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England.

16. MISCELLANEOUS

6.1 The Website and the Service is owned and operated by GAY to Z Directories Ltd, a company registered in England and Wales whose registered office is at 35 Chesterfield Road, Portsmouth PO3 6LY, England. If you have any queries please contact Customer Services at info@GAYtoZ.co.uk or on 0844 562 6006.

17. DEFINITIONS

17.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

17.1.3 "GAYtoZ Shop Goods" means the products, goods, items, etc. that are sold by GAYtoZ Shop (which is NOT GAYtoZ Directories – it is a different company!) in accordance with the terms of this Agreement.

17.1.4 "Liability" means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) - and for the purposes of this definition, all references to "Agreement" shall be deemed to include any collateral contract.

17.1.5 "Merchant" means a third party seller of goods and/or services (but not GAYtoZ Shop!). A Merchant is also NOT GAYtoZ Directories.

17.1.6 "Merchant Products/Services" means goods and/or services offered by a particular Merchant (but not GAYtoZ Shop!).

17.1.7 "Microsite" means an auxiliary website operated by GAYtoZ Directories which is supplementary to our main website at GAYtoZ .co.uk.

17.1.10 "Service" means all or any of the services provided by GAYtoZ Directories via the Website (or via other electronic - or other - communication from GAYtoZ Directories) including our newsletter, emails we send you and the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).

17.1.12 "Website" means the GAYtoZ .com (or other owned suffixes such as .co.uk, .xxx, .fr, .info, etc) xwebsite and any Microsite.


CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS

Orders for insertion of advertisements in the GAY to Z Directory and www.gaytoz.com ('the Publication') are accepted subject to the following terms and conditions. These terms and conditions apply to all advertisements whether booked directly or indirectly through an advertising agency.

1 'The Publisher' means the publisher of the Publication (including any supplement or magazine for which no charge is made to its recipient and which is published whether regularly or occasionally as part of or in association with the Publication) in or with which the advertisement is to appear or has appeared. 'The Advertiser' means the person whose goods or services are promoted by the advertisement or on whose behalf the advertisement is made.

2 The Publisher is not bound by any previous terms or conditions whether oral, standard or printed. These conditions shall govern any order for advertisement(s) submitted for publication by the Advertiser to the exclusion of any other terms or conditions except such terms and conditions as have been expressly approved in writing by a duly authorised signatory of the Publisher.

3 The Advertiser warrants that the material submitted for advertisement (whether display or classified as those terms are commonly understood) and any website referred to in the advertisement is legal accurate decent honest and truthful and complies with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation and is neither of a blasphemous libellous defamatory or obscene nature nor of such kind as to infringe any Act of Parliament or any third party's rights and that any necessary permissions from a regulatory body have been obtained by the Advertiser (including, in the case of a video submitted for advertisement, an appropriate classification certificate from the British Board of Film Classification).

4 The Advertiser undertakes to indemnify the Publisher and keep it indemnified from and against all actions proceedings costs claims damages and demands howsoever arising in respect of any breach or non-performance by the Advertiser of any or all of the undertakings warranties or obligations in these terms and conditions or of any terms implied by law.

5 Notwithstanding anything contained in these conditions or in any order in no circumstances shall the Publisher be liable in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof (i) for any loss of profit, business, contracts, revenues, or anticipated savings (ii) for any special indirect or consequential damage of any nature whatsoever.

6 The Publisher reserves the right to cancel any order, or to decline any advertisement even if the advertisement has been published previously, or to change the position of any advertisement, or to make alterations to an advertisement which are considered necessary and/or to require artwork to be amended. The right is also reserved to reject any advertisement due to appear in the Publication which is considered to seek to gain unfair advantage from copying editorial style or layout. Early submission of copy will alleviate any problems of this nature. Every care is taken in the printing of advertisements, but the Publisher will not accept any responsibility for errors misprints or omissions or for any consequences arising out of the publication of any advertisement.

7 In no circumstances shall the total liability of the Publisher for any error misprint or omission exceed

7.1 the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose or

7.2 the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.

8 It is the Advertiser's responsibility to check that the first insertion of a series is published correctly, claims for refunds or allowances will be considered only in respect of the first insertion. Whilst every endeavour is made to insert advertisements as ordered the Publisher reserves the right to use its discretion in every situation with regard to date of appearance and position.

9 Any display or classified rate given over the telephone by the Publisher shall be deemed to be a quotation and shall be construed as an invitation to treat and orders placed thereon are subject to space availability and acceptance by the Publisher. The Publisher reserves the right to refuse to accept any order for publication and reserves the right to cancel a series of advertisements for any reason whatsoever.

10 Quoted advertisement rates are subject to revision at any time and orders are accepted on condition that the quoted rate shall be in respect of the next issue only. The Publisher reserves the right to increase the rate for future issues and the Advertiser shall have the option to cancel the order or continue the order at the revised rate. Where an increase in accordance with this clause has been made the placing of a subsequent order will not under any circumstances confer the right to renew on the previous terms.

11 In the event that the Advertiser cancels the balance of a series of bookings any discount to which the Advertiser was accordingly entitled will be forfeited and prior bookings will be charged at the appropriate standard rate.

12 Cancellations of orders by the Advertiser shall be no later than 8 (eight) weeks before the applicable on-sale date. Cancellations after this date will not be accepted and no refunds for such cancellations will be given in any circumstances and all sums owing on the order will remain due on the terms set out herein.

13 The Publisher cannot guarantee sales figures for its publications whether or not audited by a recognised independent body such as, for example, the Audit Bureau of Circulation. Any distribution or readership details (including without limitation subscription details) previously provided whether orally or in writing to the Advertiser do not form part of these terms and conditions. In the event that additional production work is required owing to acts or omissions of the Advertiser or its servants and agents the Publisher reserves the right to levy an appropriate surcharge, which shall be applied in its discretion.

14 The copyright and other similar rights in all artwork, copy and other material, which the Publisher or his employees have originated, contributed to or reworked shall vest in the Publisher and the Advertiser / advertising agency may not reproduce any such material in any form, or authorise another publisher to do so without first obtaining the Publisherıs written consent.

15 The Publisher is authorised to record, reproduce, publish distribute and broadcast (or to permit the same) all advertisements (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise, including any website run by the Publisher or any of its associated companies.

16 The Advertiser / advertising agency warrants that the advertisement will not breach the copyright or the rights of, or be defamatory of any third party.

17 The placing of an order by the Advertiser or an agency on behalf of a client, constitutes an assurance that all necessary authority and permission has been secured in respect of the use in the advertisement(s) of pictoral representations of (or purporting to be of) living persons, and of references to the words attributed to living persons.

18 All material, including artwork, transparencies, bromides or other materials supplied for the purpose of an advertisement or advertisement feature and submitted by the Advertiser is submitted at the Advertiser's own risk and should be insured by him against loss or damage from whatever cause. The Publisher does not accept liability for loss or damage to the material caused by third parties any other supervening events. The Publisher reserves the right to destroy without notice all artwork, film and other property which has been in his custody for six months from the date of its last appearance in an advertisement unless the Advertiser has given written instruction to the contrary.

19 In the absence of any specific arrangement between the Publisher and the Advertiser, payment in respect of the advertisement shall be made prior to the copy deadline of the magazine in which the advertisement is to appear. Failure to make payment by this time will entitle the Publisher to withdraw the advertisement although payment will remain due in full. Where the Publisher has agreed to allow credit to the Advertiser payment will be due within 30 days of the date of invoice or within such other period as agreed in writing.

20 The Advertiser agrees to pay interest on any amount paid late at the rate of 3% (three per cent) above the base rate of National Westminster Bank plc accruing from day to day (including the day on which payment is due) to the date of receipt by the Publisher.

21 In addition, the Publisher will add (and the Advertiser agrees to pay) a 3% (three per cent) surcharge to all invoices for late payment. The Advertiser may deduct this surcharge where payment of the invoice is made prior to the copy deadline or where there is a credit arrangement, within the agreed period.

22 The Advertiser agrees that the Publisher shall at it's absolute discretion be entitled to assign all debts owed to it, to any third party, by the Advertiser.

23 Every endeavour will be made to forward replies to box number to the Advertiser as soon as possible after receipt by the Publisher. The Publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies (howsoever caused). The Advertiser authorises the Publisher to return to its originator any communication which, in the opinion of the Publisher, should not be delivered to the Advertiser.

24 The Publisher reserves the right to disclose the name and address of the Advertiser and / or agency to the police, trading standards officials, or any other relevant authority.

25 The Advertiser shall immediately notify the Publisher of any change of address.

26 The placing of an order for the insertion of an advertisement shall amount to an acceptance of these conditions and any conditions stipulated on an order form or elsewhere by the Advertiser or an agency shall be void insofar as they are inconsistent with these conditions.

27 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction


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