Version date: 17 February 2022
This website is provided by Clear Sky Publishing Limited whose registered office address is Senate Court, Southernhay Gardens, Exeter, England, EX1 1NT and whose company number is 13220703 and VAT number is 380064415.
Clear Sky 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.
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.
Definitions "Clear Sky Publishing" “Clear Sky” means Clear Sky Publishing Limited, whose registered office is at Senate Court, Southernhay Gardens, Exeter, England, EX1 1NT, and any subsidiary, parent or associate from time to time of Clear Sky Publishing Limited also referred to as "we", "us" and "our". Subsidiary has the meaning given in section 1159 of the Companies Act 2006. "websites" means the websites and mobile sites (including their constituent pages) with their home pages published by Clear Sky Publishing Limited; and any other website, mobile site or web address owned or operated by a member of the Clear Sky Group as may link to these Terms and Conditions from time to time. “Contributions” any unsolicited material, including (but not limited to) verbal, e-mail, video, letters, texts, digital photographs, or other images.
Jurisdiction and applicable law Your use of this website, these terms and conditions and any matters arising are subject to the laws of England and Wales. 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.
Content 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 not listed below (where a separate licence is required) unless you first obtain our written consent. The following systematic creation and/or use of links to this website require a separate licence: 1. utilising links to this website received as part of a paid-for media monitoring service; and/or 2. systematically forwarding links to this website within a business or outside a business for business purposes; and/or 3. copying or extracting data from this website by means of robots, spiders, crawlers, or other automatic devices or by any manual process used to systematically extract or copy web content. 4. any such use of this website is prohibited without an appropriate licence. Please contact the NLA (www.nla.co.uk) or the Company Secretary at Clear Sky Publishing for further details.
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
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.
Conditions of acceptance of advertisements Please note these conditions apply solely to print and non-targeted online advertising. For all other types of advertising/products please refer to the terms and conditions provided to you at the time of ordering. If you require a further copy of such terms, please contact your sales representative.
IMPORTANT: These Conditions contain an indemnity if you breach your warranties to us.
General These Conditions apply to any advertisement which you have asked us to publish on your behalf in a Title (the “Advertisement”) and by making such an offer (an “Order”) you agree to be bound by these Conditions in that respect. If you have purchased other products or services from us, such as tickets to an event, please refer to the specific terms and conditions for such product or service. 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.
Definitions relating to the Conditions of Acceptance of Advertisements: “we” and “us” means, and “our” refers to, the Company which is the publisher of the Title in which you have asked us to publish your Advertisement. “Title” means any publication in any format which we publish. “you” means, and “your” refers to, the person placing the Order with us and where that person is an advertising or other agency (the “Agency”) placing the Advertisement on behalf of their client that Agency agrees that it has placed the Order as principal. “Company” and “Companies” means Clear Sky Publishing Limited (company number 13220703, VAT number 380064415) of Senate Court, Southernhay Gardens, Exeter, England, EX1 1NT or any other company-owned, operated, or associated to Clear Sky Publishing Limited. “user” means any user of one or more Titles. "websites" means any website or mobile site (including their constituent pages) with their home pages published by the Company; and any other website, mobile site or web address owned or operated by the Company on which an Advertisement is to appear.
Orders We may insist on you submit your Order in writing and if we do so you will not be deemed to have placed an Order until we receive it in writing. If we do not insist that you submit your Order in writing it is deemed to be placed when the initial Order is made, subject to these Conditions. If you deliver copy instructions to us, we may treat this as an Order unless it is clearly marked as “not constituting an Order”. Publication of the Advertisement will mean we have accepted the 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; • be accurate and complete; • not result in a breach of any relevant rules and regulations, including the 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; and • when appearing on any website:o will not, and will not attempt to, capture data or benefit from or retarget users using other websites, publications or products by any technological means, unless the Company has given its prior written permission to such activities and then only in accordance with the scope of that permission; and will not contain any virus or malware. Where we believe that an Advertisement is in contravention of any of these Conditions, we reserve the right, to suspend or terminate the Advertisement, but do not assume the obligation to do so. Where we remove an Advertisement under this condition no refund will be given. You agree: • 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 is inappropriate to deliver; • that we accept no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward replies to box numbers to the advertiser (however caused) • 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 Companies and/or sub-contractors as reasonably necessary to do so) • that we may use your details to contact you for feedback relating to your Advertisement and/or the Title in which you advertised. • 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 whatever 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.
Cancellation We are not obliged to accept a cancellation request (which we may require to be made in writing). All magazine cancellations must be made in writing at least one calendar month prior to the publication date. All annual publication cancellations must be made in writing one calendar month from the date of your Order, unless your Order is made within the two calendar months preceding the publication date, in which case written notice must be received at least one month prior the publication date. All other cancellations should be made prior to four working days of publication. If we accept a cancellation for part of a series of Advertisements, we may surcharge you for any insertions in that series which are not cancelled.
Artwork 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.
Liability We are not obliged to accept your Order or to publish any Advertisement placed by you and cannot guarantee insertion, special position, the date, or the classification of any such Advertisement, or the distribution of the Title. We will not be liable for any loss or damage incurred as a result of our failure in these respects. We may reject any Order (in whole or part) prior to (any) 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. We may carry forward an Advertisement not inserted to the next suitable issue of a Title. If you place an Order but fail to provide copy/artwork by the publication deadline, 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. 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; • whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement for loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of: software; data; or information; or for any indirect or consequential loss. 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 depending upon how payment was made issue you a credit note or refund your credit/debit card, 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. Where an Advertisement is hosted on a website, we have no responsibility or liability with regards to the availability of the website, and where we are unable to publish an Advertisement for reason beyond our reasonable control (Force Majeure), we will have no liability for the non-publication of the Advertisement. Nothing in this Agreement shall limit or exclude the liability of either party to the other for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law. Our total liability to you with regard to your advertisement shall be limited to the price paid for such advertisement.
Payment Except where we state otherwise, all prices are exclusive of VAT. You will pay for an Advertisement on placing an Order unless credit terms have been agreed. We will only issue an invoice to you if you have a credit account. If you do not have a credit account you may request a pro-forma invoice. A query on an item on an invoice issued by us will not affect the time at which you are liable to pay the rest of that or any other invoice issued by us. All credit terms are subject to the terms of the credit account opening application and we reserve the absolute right to withdraw any credit account at any time. If we withdraw your credit account any outstanding balance will become payable immediately. We reserve the right to not publish any Advertisement if you have any outstanding payments due to us. If you do not pay a sum due to us by the due date, all sums due by you to us become payable on the due date for the sum not paid and we may suspend further advertising for you and charge you compensation and interest according to the Late Payment of Commercial Debts (Interest) Act 1998.
Ownership of data All data that is collected in relation to any Advertisement shall remain the property of the Company.
Applicable Law These Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
Terms and conditions A Sales and Services contract for us to supply you with goods or services will only be created when we accept your order (which we may do in writing, by email or by fulfilling that order). Goods and services advertised on our subscription’s websites may not actually be available when you place your order as we reserve the right to withdraw services at any time. We will endeavour to deliver goods and provide services on the basis and in accordance with the timescales mentioned on these sites, but time shall not be of the essence of those arrangements, and we will have no liability if we are delayed in or prevented from providing the goods/services by factors beyond our control. Websites are 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 the website or reliance on its content. • A subscription will become invalid if Clear Sky is unable to secure payment for the service. • If you have chosen to pay by direct debit, we will adhere to the guidelines set out in the Direct Debit guarantee. • If you pay by credit or debit card the payment will appear as CLEAR SKY PUBLISHING. • Clear Sky reserves the right to discontinue the subscription service at any point by entering into written correspondence with the subscriber (by email and/or post). In the event that a title ceases to publish, subscribers will be offered an alternative title for the remaining duration of their subscription. • Clear Sky shall not be responsible for any failure in performing its obligations to the subscriber where this failure is caused by circumstances beyond Clear Sky’s control. • Clear Sky shall not be responsible for any failure to deliver your subscription if you have supplied us with an incorrect address for delivery. • Clear Sky’s liability to the subscriber in connection with the subscription will not exceed the total subscription fees charged for the subscription period. Clear Sky excludes all other liability to the subscriber to the extent permitted by law. Clear Sky’s exclusion of inability shall not apply to any damages arising from the death or personal injury caused by its negligence or that of any of Clear Sky’s employees or agents.
Refunds/cancellations • Clear Sky has a cancellation on expiration policy unless you wish to cancel your subscription within the first 14 days of ordering. If a gift is included as part of the subscription offer, we reserve the right to request the return of the gift or value of the gift in the event of an early cancellation of the subscription. • Cancellations must be requested either by telephone or email. Please remember to detail the publication name, the registered e-mail address on your account and your full postal address. By telephone: 01271 341638. By email: Chris.Coward@clearskypublishing.co.uk
Digital Subscriptions • The digital subscriptions available to purchase on the website are for personal use only and should not be shared or accessed by multiple users. Should you require multiple user digital access to a publication, please contact us about our corporate subscription packages. • You will be able to access your subscription on up to four different devices during your subscription period. If you need to reset your devices after reaching this limit, please get in touch. • Purchasing a digital subscription will give you access to all available digital editions of the purchased publication (including past issues) for the duration of your subscription. Once your subscription ends, your access to the digital editions will end also. Should you then wish to access any editions you will need to purchase a new subscription.
Gift Subscriptions You will find the 'Redemption code’ field on the relevant magazine subscription page. Please input your redemption code on the relevant subscription page. • Gift subscriptions can only be redeemed against the specific magazine title purchased. • Gift subscriptions are valid for 12 months from the date of purchase. • Gift subscriptions cannot be exchanged for cash. • We are not responsible if a redemption code is lost or used without permission. • Please contact us if you have any issues redeeming your code.
Competitions The winner(s) may be notified by email and the results may be published on this website and/or in the paper. 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 Clear Sky. 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 Clear Sky and the prize provider and their immediate families and agents may not enter.
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
Third party websites 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.
Intellectual property The website and/or the services contain content owned by Clear Sky. The Content is protected by copyright, trademark, patent, trade secret and other laws. Clear Sky owns and retains all rights in the Content and the website and the Services. Clear Sky 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 Clear Sky 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.
Registering via a Social Network If you choose to register via a Social Network on our registration page (“Social Network Registration”), you acknowledge and consent for your data held by the Social Network site (subject to the Social Networks Terms and Conditions) to be processed and shared via a third party whom may be based outside of the European Economic Area and for such data to be processed by us. During Social Network Registration we will obtain your name, email address and other profile information dependent on the social network used. your social network password is not shared with us.
Additional services 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.
Sales and services for physical goods For the acceptance of advertisements please refer to Acceptance of Advertisements above or the relevant product T&C’s provided at the time you placed your order. If you have a subscription with us, please refer to the Help and FAQ’s available on the site for specifics around cancellation/direct debits etc. A contract for us to supply you with goods or services will only be created when we accept your Order (which we may do in writing, by email or by fulfilling that Order). Goods and services advertised on this website may not actually be available when you place your Order as we reserve the right to withdraw services at any time. Once we accept your Order we will inform you in writing of the details of your Order, the price of the goods including taxes and delivery costs, arrangements for payment and delivery, and your/our obligations. We shall deliver your goods within a maximum of 30 days beginning with the date of the Order. If goods are not available, Clear Sky will inform you and reimburse any sum already paid within 30 days. You have the right to cancel the contract for whatever reason within seven working days ("cooling off" period) from the date that you receive the goods (or, for services, the date of conclusion of the contract) or from the date the written confirmation is provided if later. This right to cancel does not apply to Excluded Contracts. Certain contracts are excluded from the right to cancel and you will not automatically have the right to cancel these contracts. For example, contracts for customised goods (e.g. advertisements) or those which deteriorate rapidly (e.g. food and perishable items) and contracts for the supply of video or audio recordings or computer software that is unsealed by you. If you cancel the contract we will re-imburse you as soon as possible. In any event, Clear Sky will refund you within 30 days of the notice of cancellation, without any charge other than the direct cost of returning the goods. Where you return the goods by post, you are under a duty to take reasonable care to see that they are received and not damaged in transit.