Bath Life - Terms and Conditions

Terms and Conditions

Competition Terms and Conditions

The competition will have a final close date
Winners will be selected at random from correct entries
Employees of MediaClash and associated companies and their agents and members of their family are not permitted to enter.
Names of winners will be made available on receipt of a stamped, addressed envelope sent to the above address.
Entrants’ contact details may be shared with the participating company
No cash alternative will be offered.
Prizes are not transferable.
The editor's decision is final in all matters.

Please state if you do not wish to receive occasional communications from MediaClash. This information will not be divulged to other organisations.

Advertising Terms and Conditions

1. DEFINITIONS

Advertisement: The advertisement comprising of the Copy for publication in the Magazine as identified on the Confirmation
Advertiser: The company, firm or individual who books advertising space in the Magazine
Cancellation Date: The cancellation date indicated on the Confirmation, which shall be no less than 3 weeks before the Copy Deadline
Comparable Magazine: A magazine published by the Publisher of a comparable nature to the Magazine
Confirmation: The written booking confirmation dispatched by the Publisher to the Advertiser
Contract: The contract between the Advertiser and the Publisher which shall become binding on both parties upon dispatch of the Confirmation by the Publisher
Copy: The advertising copy as supplied by the Advertiser to the Publisher whether in the form of artwork, photograph, graphics, film or illustrative material and words to be typeset and laid out by the Publisher
Copy Deadline: 9:00 am on the date indicated on the Confirmation
Distribution Date: The date on which the Magazine will go into distribution, as indicated on the Confirmation
Magazine: The Magazine published by the Publisher referred to in the Confirmation
Principal: The Advertiser, except when the Advertiser is acting as agent for another company, firm or individual, in which case the Principal shall be that company firm or individual
Publisher: MediaClash Limited of Circus Mews House, Circus Mews, Bath, BA1 2PW, with company number 4403199

2. CONTRACT

2.1. The Contract is made between (1) the Publisher and (2) the Advertiser and the Principal. If the Advertiser is not the Principal, the Advertiser shall be jointly and severally responsible for the obligations of the Principal and references hereafter to the Advertiser shall include the Principal.

2.2. A verbal booking shall be binding on the Advertiser for 10 days. At any point during that time, the Publisher may send the Confirmation to the Advertiser.

2.3. The Publisher reserves the right to cancel the Contract and omit any Advertisement due to be published should a) the Advertiser and/or the Principal be in breach of the payment and credit terms set out in paragraph 7 below; or b) in the Publisher's reasonable opinion, any of the Copy be obscene or defamatory or infringe the intellectual property rights of a third party or otherwise be contrary to any law that may from time to time be in force in England and Wales or to any other rules, regulations, guidance, codes of practice or industry standards; or c) the Copy be of an unacceptable standard or quality.

3. BOOKINGS

3.1. Advertisement bookings are accepted subject to the Copy being acceptable to the Publisher and the space being available in the Magazine.

3.2. The Publisher reserves the right to omit or remove any Advertisement from the Magazine to a Comparable Magazine should the publication of the Magazine be terminated. In such event the Publisher shall notify the Advertiser of the insertion of the Advertisement in the Comparable Magazine and shall so insert the Advertisement unless requested in writing by the Advertiser before the Copy Deadline not to do so.

3.3. The Publisher reserves the right to omit any Advertisement from the Magazine. In such event the Publisher shall notify the Advertiser of the Copy Deadline for insertion of the Advertisement into the next available issue of the Magazine and shall so insert the Advertisement unless requested in writing by the Advertiser before the Copy Deadline not to do so.

3.4. The Publisher shall be under no liability to the Advertiser where it is unable to comply with the terms of the Contract for any reason beyond its reasonable control including without prejudice to the generality of the foregoing any act of God, war, fire, flood, failure of power supply, industrial action or any action taken by employees or sub-contractors or otherwise.

4. COPY SUPPLY

4.1. It is the responsibility of the Advertiser to ensure that the Publisher is supplied with the Copy before the Copy Deadline. In the event of an omission resulting from failure to deliver suitable Copy before the Copy Deadline, the cost of the space remains payable in full.

4.2. In the event of failure of the Advertiser to deliver suitable Copy before the Copy Deadline, the Publisher, at its sole discretion, reserves the right to use copy from another source or to repeat copy already in its possession from previous advertisements placed by the Advertiser.

5. WARRANTIES & INDEMNITY

5.1. The Advertiser warrants to the Publisher that:

5.1.1. it owns or has the right to use and to permit the Publisher to use the Copy in accordance with the terms of the Contract; and

5.1.2. it shall use all reasonable endeavours to ensure that the Copy will not contain any material or factual inaccuracies as at the date of publication; and

5.1.3. the Copy will not infringe or violate any Intellectual Property Rights of any third party when published in the Territory; and

5.1.4. it has the power and capacity to enter into the Contract with the Publisher.

5.2. Advertiser shall indemnify the Publisher in full and on demand from and against any and all costs (including reasonable legal costs), expenses, loss or damage suffered or incurred directly or indirectly as the result of (a) any breach of these Conditions, including any breach of the Warranties in paragraph 5.1, above; or (b) the publication and distribution of the Advertisement in the Magazine; or (c) any act or omission of the Advertiser, its employees or sub-contractors.

6. CANCELLATIONS

6.1. Cancellations can be accepted only if they are received by the Publisher in writing before the Cancellation Date. Cancellations received later than that date will not be effected.

6.2. Any Advertiser who cancels part of a series booking will be charged at the rate indicated on the rate card for the Magazine in effect from time to time for each Advertisement published by the Publisher.

7. PAYMENT AND CREDIT

7.1. Unless credit facilities are agreed by the Publisher in writing, payment is due upon receipt of the Confirmation and in any case before the Copy Deadline. The Publisher reserves the right not to publish an Advertisement where payment is not made before the Copy Deadline.

7.2. Where credit facilities have been agreed, payment terms are strictly 14 days from the date of receipt by the Advertiser of Confirmation. Should credit facilities be suspended as a result of non-compliance with payment terms, all outstanding sums shall become due and payable forthwith.

7.3. If any payment from the Advertiser becomes overdue, the Publisher reserves the right to charge interest on the daily outstanding balance of all overdue sums at the rate of 7.5% per annum above the base rate of Nat West bank from time to time in force until payment is made in full.

8. ERRORS

8.1. Although every effort is made to avoid errors, should they occur the Publisher will not be liable to the Advertiser in any of the following circumstances:

8.1.1. Where the error is due to inaccuracy or imprecise instructions from the Advertiser or the Principal;

8.1.2. Where the Copy has been given only verbally to the Publisher;

8.1.3. Where the Copy has not been supplied until after the Copy Deadline and/or the Publisher has exercised its right under 4.2 above;

8.1.4. Where the error is a typesetting error which has occurred during the free typesetting service offered to the Advertiser;

8.1.5. Where the error concerns the colour reproduction of the Advertisement and the Advertiser has failed to supply a colour proof with the Copy;

8.1.6. Where a written complaint about the Advertisement has not been received by the Publisher within 10 days of the Distribution Date of the Magazine containing the Advertisement.

8.2. In the circumstances envisaged in paragraph 8.1 above the Advertiser remains liable for the full price of the Advertisement as indicated on the Confirmation. In addition, should an error occur in an Advertisement which is to be repeated, it is the responsibility of the Advertiser to inform the Publisher in writing of the error within 10 days of the Distribution Date. If such notice is not received and the error is repeated the Advertiser remains liable for the full price of the repeated Advertisement(s).

8.3. Subject to Clause 8.1 above, Publisher shall be liable to pay compensation to Advertiser only if Advertiser notifies an error to the Publisher within 10 days of the Distribution Date and Publisher does not rectify such error. Publisher's maximum liability to Advertiser shall not in any case exceed the price payable by the Advertiser to the Publisher in relation to the Advertisement which contains the error.

8.4. The Publisher shall not be liable to the Advertiser for any indirect or consequential loss, including but not limited to loss of revenue, loss of business or loss of goodwill or reputation.

9. CONFLICT AND JURISDICTION

9.1. The Contract shall be governed by these Terms and Conditions which represent the entire agreement between the parties.

9.2. The Contract shall be governed by the laws of England and each party irrevocably submits to the jurisdiction of the English courts.

Customer Publishing Terms on Business

1. DEFINITIONS

Approval Date: the date, specified in the timeline or confirmation form, by which all corrections and changes must be notified to the Company by the Customer;
Company: MediaClash Limited whose registered office is at Circus Mews House, Circus Mews, Bath, BA1 2PW and whose registered number is 4403199;
Customer: any client for whom the Company carries out the Services;
Delivery Date: the date on which the Product will be delivered to the Customer or to such other address as is specified by the Customer from time to time;
Force Majeure: acts of god, earthquake, accident, embargo, government regulation, court order, flood, fire, bomb blast, acts of terrorism, strike, lockout, labour shortage, non-availability of energy or telecommunications connection, or breach of contract by any third party including, but not limited to, any carrier, supplier or service provider;
Printer: the printer(s) or supplier(s) appointed by the Company from time to time as Company's sub-contractor to print the Product;
Product: the product which the Company has been appointed to create and publish on behalf of the Customer;
Project: in relation to any Product, the creation, publication and any other work carried out by Company on that Product;
Services: the services in relation to the Project carried out by MediaClash on behalf of the Customer

2. ORDERS AND QUOTATIONS

No contract shall exist between the Company and the Customer until the Customer signs a Letter of Agreement. A quotation by the Company for Services will be valid for 14 days from the date thereof.

3. PRICE VARIATION

Unless agreed otherwise between the parties, the Company shall be entitled to vary the price payable by the Customer if:

a) the Customer requests any corrections or alterations after the Approval Date (save where such corrections are required as a direct result of any material default, negligence or lack of action by the Company or any of its employees);

b) the Customer requests that the Company varies the number of copies or the specification of the Product;

c) the cost of any goods or services which the Company has agreed to purchase on behalf of the Customer is varied, including but not limited to print, paper or courier fees.

4. TAX

The Company reserves the right to charge the amount of any Value Added Tax payable, whether or not included in the original quotation

5. PRELIMINARY WORK

All costs incurred by the Company carrying out preliminary or experimental work at the Customer's request will be payable as agreed in advance with the Customer.

6.PROOFS

The Company will submit final version pdfs (or such other medium as is agreed between the parties from time to time) to the Customer for sign-off ("Final Versions"). The Company shall not be liable for any errors which are not corrected by the Customer prior to the Approval Date. If the Customer has not approved (or otherwise) the Final Versions before the Approval Date, the Company reserves the right, at its sole discretion, to use publish the unapproved material.

7. DELAY

If work on the Product is suspended at the request of the Customer or delayed through any default of the Customer for a period of thirty consecutive days, the Company shall be entitled to invoice the Customer for work already carried out, materials purchased and any other additional costs.

8. PAYMENT

Unless otherwise agreed between the parties, payment shall be due within 30 days of the Company issuing an invoice. If any payment from the Customer becomes overdue, the Company reserves the right to charge interest on the daily outstanding balance of all overdue sums at the rate of 7.5% per annum above the base rate of Nat West bank from time to time in force until payment is made in full.

9. RISK

Risk in and to the Product shall pass from the Company to the Customer when the final proofs are delivered to the Printer.

10. LIABILITY

The Company shall not be liable for:

a) any loss to the Customer arising from any delay in delivery or transit;

b) any damage or defect which was caused by the default of the Printer;

c) any indirect or consequential loss, including but not limited to loss of revenue, loss of business or loss of goodwill or reputation;

d) any delay in carrying out its duties in accordance with this Contract which is caused by Force Majeure. If any Force Majeure event prevails for a continuous period in excess of one month, the Customer may serve written notice on the Company of termination of the Contract. Such written notice must specify the effective date of termination, which may be no less than 30 days from the date of such notice of termination.

Where work is defective for any reason (including negligence), the Company's liability (if any) shall be limited to rectifying such defect. The Company's maximum liability to the Customer shall not in any case exceed the price payable by the Customer to the Company in relation to the Project.

11. MATERIAL SUPPLIED BY CUSTOMER

The Company reserves the right to cancel the Contract and cease work on the Product if, in the Company's reasonable opinion, any of the supplied material is obscene or defamatory or infringes the intellectual property rights of a third party or is otherwise contrary to any law that may from time to time be in force in England and Wales or to any other rules, regulations, guidance, codes of practice or industry standards, or if the material is of an unacceptable standard or quality. By supplying materials to the Company, Customer warrants to the Company that:

a) it owns or has the right to use and to permit the to use that material in accordance with the terms of the Contract; and

b) it shall use all reasonable endeavours to ensure that the material will not contain any material or factual inaccuracies as at the date of publication; and

c) that material will not infringe or violate any Intellectual Property Rights of any third party when published in the UK; and

d) it has the power and capacity to enter into the Contract with the Company.

12. INSOLVENCY

Without prejudice to any other rights or remedies which may be available to the Company, in the event that the Customer enters a winding-up process or appoints an administrator, receiver or trustee in bankruptcy or is unable to pay its debts as and when they fall due, the Company shall have the right to cease work upon the Project and to cancel the Contract and issue an invoice to the Customer for any costs incurred for work commenced but not completed as well as any and all sums due to Company from Customer.

13.INDEMNITY

Customer shall indemnify the Company in full and on demand from and against all loss, damage, costs or expenses suffered or incurred by the Company in relation to any claim that any of the materials supplied by the Customer, including but not limited to the Customer's trademark and brand assets, infringe the intellectual property or other proprietary rights of any third party.

14. PERIODICAL PUBLICATIONS

Without prejudice to paragraphs 12 and 13, a contract for the creation and publication of a periodical publication may be cancelled by one party serving not less than three months written notice upon the other party.

15. CONFLICT AND JURISDICTION

This Contract shall be governed by these Terms and Conditions unless otherwise agreed in writing. The Contract shall be governed by the laws of England and each party irrevocably submits to the jurisdiction of the English courts.

Bath Life Club Terms and Conditions

Terms of use

Introduction

This website is owned and maintained by MediaClash Limited (“MediaClash”, “we”, “us”). By accessing and using this website (the “Website”) you agree to be bound by these Terms and the Privacy Policy . If you do not agree with any part of these Terms, you should navigate away from and cease to use the Website.

Copyright

The copyright in the Website is owned by MediaClash. You may download and print content from the Website for personal use. Content from the Website may not be reproduced, modified, republished or redistributed without the express written permission of MediaClash.

The MediaClash, Bath Life and Bath Life Club logos and those of third parties identified on the Website are proprietary marks of MediaClash and those third parties. Any use of those marks and logos without prior permission may be an infringement of copyright and MediaClash reserves the right to take such action as it deems necessary to protect that copyright.

Disclaimer

The information and views published by MediaClash on the Website are for general information purposes only. They do not constitute legal advice or any other specialist advice and should not be relied upon for this purpose.
Whilst we’re very careful to ensure that our content is accurate and up-to-date, we are aware that very rarely, we may publish inaccurate or out of date information. For this reason, we cannot warrant the accuracy of our content. It is our policy to correct mistakes, where possible, as soon as reasonably practicable following notification. To notify us of an inaccuracy or error, please email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

We take all reasonable precautions to prevent computer viruses on the website. However, we cannot accept liability for any damage or loss (including, but not limited to, damage to or loss of property) resulting from your use of the Website.

This Website contains links to other sites. We can’t be responsible for the content of those sites, so you use them at your own risk.

MediaClash accepts no liability in respect of content uploaded or posted on the site by users and cannot be held responsible for its content or accuracy. We will immediately suspend and, upon investigation, if deemed necessary, remove any content posted by users which is notified to us as being in breach of these Terms, or otherwise unsuitable, via the “Report This” mechanism.

Registered users

To enable you to use certain parts of the Website, you will be required to complete a registration process.
If you are under the age of 16, please get your parent or guardian’s permission before you complete the registration process.

By completing the registration process, you warrant to us that the registration information you provide to us is complete and accurate and that you agree to abide by these Terms and with all applicable laws.

Once registered, you will be issued with a user name and password that are unique to you. Please do not share these details as you will be responsible for any activities or postings that take place under your name. If you know or suspect that your user name is being used without your permission please notify us immediately by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

We reserve the right to terminate your account at any time without notice. You may terminate your your account at any time by following the instructions on your profile page.

Newsletters

Our newsletters may contain “web bugs” - an object that is embedded in the email and is usually invisible to you (for example a small white or clear image which will not show up against the background of the email) but allows us to see whether you have opened the email and/or clicked on certain links. You can stop this from happening by choosing the HTML display on your email reader and displaying only the text. By signing up to receive newsletters from MediaClash, you agree to receive emails of this nature. We promise to use information obtained in this way in accordance with these terms and with the Privacy Policy .

Competitions

By taking part in any competition featured on the Website, you agree to the Competition Terms and Conditions [see above] and any other rules specified.

End Bit

We may, from time to time, amend these Terms. In which case, we’ll post the new Terms here. We suggest that you visit this page every now and again to check that you’re happy with what’s here.

These terms shall be governed by English law and you agree to submit to the jurisdiction of the Courts of England and Wales.

Contact us

You can contact us by mail at Circus Mews House, Circus Mews, Bath, BA1 2PW, by phone on 01225 475 800 or by mail at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it