Terms and Conditions

IMPORTANT: Please read and agree to the following terms before using this site. If you do not agree, you should not access or use the site.

Welcome to www.BournemouthObserver.co.uk website (the “Site”) owned and made available by The Bournemouth Observer (referred to in these Terms and Conditions as “we” and “us”). The Terms and Conditions form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access the information, products, services and advertisements (the “Material”) available through the Site. By accessing, viewing or using the Material on the Site you have indicated to us that you both understand and agree to be bound by these Terms and Conditions.

(i) 1. Terms & Conditions

These terms and conditions (“the Terms”) govern your use of this The Bournemouth Observer website (the “website” or “site”), including community forums, reader comments and blogs. Your attention is particularly drawn to the disclaimers in paragraphs 15 -16. Your use of the website is also subject to our Privacy Policy.

You must read the Terms and Privacy Policy and our Copyright Policy. If you do not agree with the Terms, do not use this website. If you do use the website, your conduct indicates that you agree to be bound by the Terms.

The Bournemouth Observer reserves the right to amend these Terms from time to time. Any such amendment will be applicable to all persons accessing the website once the revised Terms have been posted on the website. You should therefore check the website from time to time to review the current Terms.

We do not actively moderate, monitor or edit contributions to the community forums, reader comments or blogs, but we may intervene and take such action as we think necessary. If you have any concerns over the contents on our site, please either register those concerns as the community and comment tool permits or contact us via your local site here.

2. No warranty

The Site is provided on an “as is” and “as available” basis and in particular we do not warrant that:

  • the Site will continue to be available to you in either its current format or from its current domain name;
  • the Site or any software available from the Site will be free from viruses or defects;
  • the Material contained on the Site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).

3. Liability

We shall not be liable for any direct, indirect, or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use the Site.

4. Downloadable Material

All our downloadable material is carefully checked for viruses before being uploaded onto the site, however, we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.

5. Use of the Web Site

You undertake:

  • not to use the Material for any unlawful purpose;

We shall have the right to immediately suspend your access to the Site if you commit a breach of these Terms and Conditions.

6. Links to Other Sites

The design, images, and content of the Site are unless otherwise stated, our property or our licensors’ property.

We provide Material on the Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Site, unless it is for the personal use of a third party.

No part of the Site can be reproduced on, transmitted to, or stored on any other website or other forms of electronic retrieval system, nor may any part of the Site be accessed in such manner as to make it appear part of any third party’s web site without our prior written consent.

7. Content

We accept NO liability with respect to any of the products, information, material, or services offered or provided by other institutions or organisations listed on, or linked to this Site, nor do we endorse any of those institutions or organisations or any of their products or services. Should you decide to contract with any of these institutions or organisations, the contract will be directly between you and the relevant institutions or organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials, or services provided to you by any of these institutions or organisations.

Please note that, although these institutions or organisations have attempted to ensure that any information or prices provided through the Site are as accurate as possible, they are not legally binding in any way.

8. Registration

When seeking access to parts of the website you may be asked to register if you want to submit a contribution. You must then supply certain details if requested, such as your email address and a password. If you are under 16 you must get the consent of a parent or guardian before registering.

You can only access the registration areas of the site if:

  • your email address and password (if requested) are personal and may not be used by anyone else to access the site;
  • you do not do anything to allow anyone who is not a registered user to access any registration area of the site;
  • you do not create additional registration accounts which may cause disruption or abuse of the site;
  • you do not supply us with false or misleading information or pass yourself off as another user.
  • You are of legal age to do so.

If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice.

9. Cancellation or suspension

We can suspend or cancel this agreement and your ability to use the website in all it’s forms with immediate effect at any time for any reason, including but not restricted to your serious or repeated breach of these Terms or any conduct in connection with your use of this site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the site.

10. Your responsibilities

You are legally responsible for the material you post or submit and you understand that by doing so you intend it to be published on the website. Such material may include without limitation words, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public, or otherwise use and re-use material contributed by you (or not use it) on the website in all areas and in all forms and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes.

11. By publishing or posting material on this website, you warrant to us that:

  • You do not infringe the rights of any individual, corporation or organisation, including but not restricted to the owners of any copyright and other intellectual property, confidentiality, or privacy rights, and you have obtained any necessary permissions.
  • The material is your own original work or you have the right to make it available to use for the purposes in 11 above.
  • You have not defamed any individual, corporation organisation or otherwise affected their legal rights. This may include but is not restricted to: comment which cannot be justified; facts which are untrue or unprovable; statements breaching an individual’s privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, colour or which may incite hatred or disrespect in any third party; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards.

12. Rights

You acknowledge that all rights, including copyright and database rights, for any content on the website (including The Bournemouth Observer trade names and logos) or which is submitted by you belong to us or are licensed by you to us for the purposes in 11 above. You may read and contribute to the website and its communities, comments and blogs for your own private purposes but not for any advertising or other commercial purpose (which includes junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation). For private purposes, you may download and use reader-generated content on a single PC and you may print out (but not photocopy) one hard screen copy of contributions to the website and its communities, comments or blogs for your personal use only. But you will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this website without our written permission, except that you may reproduce reasonable extracts of any contribution to the website and its community, comments and blogs without our prior permission for non-commercial purposes provided that you deal fairly with the material and you properly accredit any original work to its author and the name of this site.

13. Indemnity

You acknowledge that all rights, including copyright and database rights, for any content on the website (including The Bournemouth Observer trade names and logos) or which is submitted by you belong to us or are licensed by you to us for the purposes in 11 above. You may read and contribute to the website and its communities, comments and blogs for your own private purposes but not for any advertising or other commercial purpose (which includes junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation). For private purposes, you may download and use reader-generated content on a single PC and you may print out (but not photocopy) one hard screen copy of contributions to the website and its communities, comments or blogs for your personal use only. But you will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this website without our written permission, except that you may reproduce reasonable extracts of any contribution to the website and its community, comments and blogs without our prior permission for non-commercial purposes provided that you deal fairly with the material and you properly accredit any original work to its author and the name of this site.

14. Loss or damage – disclaimer

You acknowledge that:

  • the contributions to the website and its community forums, reader comments and blogs are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders;
  • it is your sole responsibility to check the accuracy of any facts and opinions given on this website before entering into any commitment based upon them;
  • we do not, as a matter of course, actively moderate, monitor or edit the contributions to the website and its community;
  • any third parties advertising on our websites, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites.

14.1 We are not liable for any loss or damage, howsoever arising, from contributions to the website and its community by other parties, your use of this site or inability to use this site, or any errors and omissions on this site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or forseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.

14. 2 We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents of this website, and any implied warranties are excluded to the extent permitted by law.

14.3 We do not warrant that this website, the server that supplies it or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.

15. Data Protection

  • We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material about our offers, products and services. You can indicate you do not wish to receive such material by contacting us via the link in the message or here.
  • If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, school, email provider or, in the case of any suspected unlawful activity, the police.

Further privacy terms are given in the Privacy Policy.

16. Jurisdiction

These Terms shall be governed by the laws of England and Wales and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of England and Wales.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.

(ii) Terms & Conditions of Acceptance of Advertising

The Bournemouth Observer (www.BournemouthObserver.co.uk)

1. Introduction

The following terms and conditions (“terms”) together with any insertion order shall form the agreement between us and an advertiser for the placement of an advertisement (“ad”) in The Bournemouth Observer electronic publication, our digital properties (websites, mobile sites and social media pages) and any third party digital platform for which we have the right to sell ads. Each order will be a separate agreement and any change to this agreement must be confirmed by us in writing (which means by exchange of letter, fax or email). The placing of an order for the insertion of an ad shall amount to an acceptance of these terms and any other terms or conditions on an agency’s or advertiser’s order form or elsewhere shall not apply. An “advertiser” means any person or organisation placing or facilitating the placing of an ad on their own account or on behalf of another, including agencies and media buyers, ad networks and ad exchanges and other intermediaries. “Data law” means all applicable data protection and privacy laws, regulations and codes of practice, including the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011. Words such as “personal data”, “controller” and “processing” shall have the meanings given in data law.  “Ad tech” means data collecting technology such as cookies, pixels, tags, javascript, or other code, including the tags of third party service providers, for the purpose of tracking impressions and related data and/or re-targeting ads. Where the word ‘including’ is used in these terms, it shall not limit the generality of the preceding words. A reference to a statute is reference to it as amended, extended or re-enacted from time to time.

2. Content

All ads must comply with our deadlines and our production and quality specifications, as published from time to time. The advertiser also confirms that the ad complies with all applicable legislation, regulations and codes of practice, including laws against discrimination on grounds of age, gender, race or religion, laws of fair trading and credit advertising and the Code of Advertising Practice supervised by the Advertising Standards Authority (“ASA”). We may refuse an ad before acceptance for any reason, or reject, cancel or require changes to an ad or series of ads at any time as to comply with legal, regulatory or moral obligations placed on us or the advertiser; to avoid infringing the rights of a third party; or to meet our technical specifications.

The advertiser further confirms that: i) the publication of the ad (including content supplied by the advertiser, whether text, photos or otherwise) will not breach any contract, infringe the copyright, trademark or other right of any third party and is not libellous of any person; ii) all licences and consents from third parties necessary for the publication of the ad have been obtained and paid for, including licences for third party copyright content and consents from living persons identified in ad content; iii) in respect of an investment ad, the content has been approved by, or the advertiser is, an authorised person within the meaning of the Financial Services and Markets Act 2000 (“FSMA”) as amended or the ad is otherwise permitted under the FSMA; and iv) in respect of an ad offering credit, the content complies with the FSMA and the Consumer Credit Act 1974.

3. Payment

No ad will be accepted unless paid for in full at the time of booking or credit has been agreed. The price shall be the amount fixed by our published rate card on the date of acceptance of the order, unless otherwise agreed, plus VAT where applicable. We will not publish an ad for which payment has not been received on time but the advertiser will remain liable. Interest will be charged on late payments pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% above the Bank of England’s base lending rate from the date payment is due together with the reasonable administration costs of collecting an overdue debt, plus an administration charge of £20.00, or for any unmet direct debit (and this charge may vary at any time without notice).

We will try to give notice of increases, but we reserve the right to change our advertising rates at any time. This will not affect existing contracts, including any fixed-term agreement for a series of ads. The advertiser accepts that advertising rates are subject to a levy (currently 0.1%), payable by advertisers to help finance the work of the ASA.

4. Agencies

By placing an order, a media agency confirms that: i) it contracts as principal with full authority from its client in all matters connected with the order; ii) it is responsible for all payments due; and iii) (without prejudice to ii) above or our rights and remedies under these terms or general law) grants to us the right of subrogation of all and any debts owed to it by its client in relation to the relevant ad order. Rates of agency commission will be the subject of separate written agreement. All agency credit accounts must be paid by the 15th day of the month following the invoice date. We may reject ad orders from any agency which is not a party to a recognition agreement with us and we may require personal guarantee from the directors or any other person on behalf of a recognised agency in respect of any unsatisfied liabilities of the agency in the event of the agency’s liquidation or insolvency.

5. Cancellation

An advertiser may cancel or amend an ad by written notice to us but no later than 7 days before the date of first insertion and 28 days for a premium rate ad; (“copy deadlines”). We will then make reasonable efforts to re-sell the space. But the advertiser will still be liable for the full price if the space is not sold or for the difference if sold for less (with a deduction for any savings on preparatory work avoided). Private advertisers acting as consumers and booking remotely by telephone or online may cancel in accordance with relevant law, but no refund shall be available after preparatory work has begun unless cancellation is due to our negligence. Advertisers will be liable for the full price in any other circumstances and we will reclaim any unearned volume-based discount on an ad series or online term cancelled part-way through. An advertiser may still request deletion of an ad part-way through an online term, but shall not be entitled to any refund. If the copy is not received from the advertiser by the copy deadlines, we may substitute such alternative copy as we deem suitable but we will not be liable if the ad does not appear, and the advertiser will remain liable to make full payment for the price of the ad in an event.

We may cancel any ad order in any medium at any time without giving cause on reasonable notice before the first or next insertion and the advertiser will be entitled to a full refund but no further remedy. We may cancel without liability: i) if the advertiser breaches these terms and the breach is not capable of remedy or it continues for seven days after we have given notice of it; ii) if we reasonably believe the advertiser is unable to pay debts or the advertiser goes or threatens to go out of business; or iii) if we decide to discontinue the relevant publication.

We will try to satisfy an advertiser’s request regarding the date of publication and positioning of an ad, but no guarantee of date or position can be given. We have no obligation to provide evidence of publication.

6. Errors

Our total liability to the advertiser in any circumstances for any error or non-publication shall be limited to a re-insertion of an ad or proportionate refund. The advertiser must check and is solely responsible for checking an ad before and after insertion and must notify us of errors within 14 days of publication. We shall not be liable: i) for an error that the advertiser has failed to notify us in time; ii) for any error or non-publication unless caused by our negligence; or iii) for an error that, in our reasonable opinion, does not materially detract from the ad. We shall not be liable in any circumstances for losses relating to any business or public fund-raising of the advertiser, whether direct or indirect, such as lost profit, revenue, reputation, or customers.

7. Copyright and Branding

Ads are accepted on condition that we have the right to publish and distribute them in all editions in any form or medium (including electronic media). The copyright in work or material we contribute to or re-work for an ad belongs to us. We shall take reasonable care of copy, artwork, photographs or other materials an advertiser supplies, but we shall not be liable for their loss or damage and the advertiser should take out a suitable policy of insurance. We may dispose of these materials after six months unless collected. Advertisers shall not use any trademarks or other branding of The Bournemouth Observer without express written permission in advance.

8. Digital advertising

Where the price of digital ads is determined by online activity, we may produce performance reports (using third party software) and such reports shall be the definitive measurement of the performance on any delivery obligations agreed between us and the advertiser, such as the number of impressions, click-throughs or page views. We give no guarantee of performance and any figures we provide shall be estimates only. Notwithstanding, where we achieve less than 90% of any minimum target agreed in a written insertion order and provided the advertiser has notified us in writing of the shortfall, we shall at our sole option and as the advertiser’s sole remedy:

  • extend the delivery window of the advert for a maximum of 30 days;
  • increase the number of positions the advert can be seen on the website(s);
  • modify any targeting, including demographic or sectional;
  • add other geographically adjacent The Bournemouth Observer website; or
  • issue a credit to the advertiser pro rata in relation to actual performance for set-off against another order from the same advertiser.

If there is a dispute, we and the advertiser shall use reasonable efforts to identify and correct the inaccuracy (if any) and agree in good faith the activity during the relevant period.

Digital ad copy must be received by us at least 48 hours before the day before the ad is due to be published. The number of impressions, click-throughs/page-views booked will be reduced on a pro rata basis for every 24 hours that the copy is late without a reduction in the price.

Where agreed, we may use cookies to track browsing activity of users and retarget an ad to selected third party platforms where inventory is made available to us (“audience extension”). The advertiser must give us written notice in advance of any insertion order of particular websites where it does not wish its ad to appear or the type of content with which it does not wish its ad to be associated and we will then use reasonable efforts to comply. However, the advertiser acknowledges that the nature of audience extension and our use of sub-contractors to provide the services means that we cannot guarantee where the ad will appear or with what content. On request from an advertiser, we will ask a third party platform to remove an ad.

The advertiser confirms that any landing page on a site linked to from an advertisement will: i) comply with the standards and conditions set out in clause 2 and 3 of these terms; ii) be free from malicious software and not cause an adverse effect on the operation of our digital properties, and iii) have a conspicuous privacy policy which complies with data law.

9. Data Protection

Advertisers placing an order with us consent to the following: i) communications with us may be monitored or recorded for administrative or training purposes; ii) we may use information supplied by an advertiser for administration, marketing, credit scoring, customer services and profiling purchasing preferences and we may retain it for a reasonable time to do so. Where required or permitted by law, we may disclose detail of advertisers to the police, trading standards or any other relevant authority or third party with a proper interest in receiving it. Further detail is given in our Privacy Policy (which may be found here) and forms part of these terms)

10. General

We shall not be liable if our publishing activities are restricted or prevented by any law, act or event beyond our reasonable control (including for example power cuts, equipment failure or industrial disputes). In such case, the advertiser shall accept publication when available or otherwise may cancel the order by written notice and pay only for work done and materials used.

Our delay or failure to enforce or our waiver of any of our rights under these terms on any occasion shall not restrict the exercise or enforceability of such rights in the future.

These terms together with any insertion order and other document referred to in the terms are the entire agreement between the advertiser and us. All other terms and conditions are excluded and void to the extent permitted by law. Nothing in these terms shall give any right or benefit under the Contract (Rights of Third Parties) Act 1999 to any person who is not a party to it. If any term is found to be invalid by any court with competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.

An advertiser shall not assign or otherwise deal with any of its rights or obligations under an ad sale agreement with us without obtaining our prior written consent. The ad space is for the advertiser’s use only and under no circumstances may the advertiser re-sell it to a third party. We may assign any of our rights or obligations upon written notification to the advertiser.

11. Indemnity

The advertiser will be liable to pay us for all losses, damages, costs (including legal costs) and expenses of any kind suffered or incurred by us as a result of claims or actions from third parties, actual or threatened, arising from or in connection with the advertiser’s breach of these terms or the publication of an ad, unless arising from our own negligent act or failure.

12. Goverance

The advertiser will be liable to pay us for all losses, damages, costs (including legal costs), and expenses of any kind suffered or incurred by us as a result of claims or actions from third parties, actual or threatened, arising from or in connection with the advertiser’s breach of these terms or the publication of an ad unless arising from our own negligent act or failure.