Terms & Conditions & Links & Liability (Commencement
date: 01-January-2012)
Terms
& Conditions & Links & Liability run in conjunction with
each other and form 1 single agreement. If You " you the
Client" enter into a contract with "Siboosh Advertising &
Promotions Ltd" then these Terms & Conditions & Links &
liability form part of the agreement between You " the Client" and
" Siboosh Advertising & Promotions ltd".
Please read these terms and conditions. You may print them (required),
"Siboosh Advertising & Promotions Ltd" reserves the right to ACCEPT or REJECT
any order without any reason being given.
To place your advert with Siboosh Advertising and Promotions ltd (
siboosh.co.uk ). All you need to do is simply click onto 'Products' from
the link above and follow the page links for 'website Advertising' or you may
telephone us on 0161 707 4404 ( Monday through Friday, 10am until 4pm
).
Please read these terms and conditions, it will be helpful, save you
time and disappointment. Many Thanks, Siboosh.
Terms
and Conditions
Part 1, Agreement.
Orders for insertion of advertisements, images or notices into the
magazine publication (blue siboosh) when available and onto the website pages
( siboosh.co.uk ) both being
solely owned and operated by Siboosh Advertising and Promotions ltd are
accepted subject to these Terms and Conditions set by Siboosh Advertising
and Promotions ltd and must be agreed to by "you" the
advertising client.
Part 2, Liability.
Siboosh Advertising and Promotions Ltd, Staff and Agents, and Third
party agents Either employed by or contracted to or connected to Siboosh
Advertising and Promotions Ltd cannot be held Liable for:
* Error, inaccuracy or omission in the printing of an advertisement (
once inspected and approved by you "the Client".
* Any failure to publish an advertisement on a date or dates specified
by "you" the advertiser If the reason for such action is
unavoidable.
* The publication of an advertisement on a date or dates specified by
"you" the advertiser, whether the actual date of publication
be earlier or later than the date or dates specified If the reason for
such action is unavoidable and / or
* In respect of any loss or damage alleged to have arisen through delay
in forwarding or omission to forward replies to Siboosh Advertising
and Promotions ltd however caused.
If any situation arises and is foreseen within normal working hours
being both our "Siboosh Advertising and Promotions Ltd" and
you "the client" working hours, that may cause such actions,
then Siboosh Advertising and Promotions ltd will contact you "the
Client" and await further instructions and approvals on any order
or contract.
Part 3, Classification and Editing.
Siboosh Advertising and Promotions ltd also
reserves the right to classify any wrongly classified advertisement,
edit or reject any objectionable wording, graphic, pictures or
photographs or reject an advertisement in its entirety. Although every
advertisement and product insertion is carefully checked, occasionally
mistakes do occur. Therefore, "you" the advertising client or
your agents are asked to check their / your advertisements carefully
before sending to Siboosh advertising and Promotions ltd also to inform
Siboosh advertising and Promotions ltd immediately of any errors within
5 working days being ( Monday through Friday, 10 am until 4pm ) of going
to publication ( Blue siboosh ) or onto the website ( siboosh.co.uk
). Siboosh advertising and Promotions ltd regrets that responsibility
cannot be accepted for more than one incorrect insertion and that no
re-publication will be granted in the case of typographical or minor
changes which do not affect the value of the advertisement. Also Siboosh
Advertising and Promotions ltd reserves the right to place in part or in
full any of "your" you the clients contact details or website
links onto any associated advert website pages in order to better
enhance "you" the clients advertising potential.
Part 4, Artwork, Pictures and Photographs.
All images used in constructing the
advertisements are the sole property of Siboosh Advertising and
Promotions ltd. Copying, reusing or downloading is strictly forbidden.
Pictures, photographs or artwork supplied to Siboosh Advertising and
Promotions ltd by "you" the advertising client for the sole
purpose of constructing "your" advertisements or other
published material remain "your" property and cannot be reused
by Siboosh Advertising and Promotions ltd except under agreement and
terms and conditions set by "you" the client. Siboosh
Advertising and Promotions ltd reserves the right to use
"your" you the clients adverts that Siboosh Advertising and
promotions ltd has constructed, for the purpose of displaying within the
"example adverts" page for Siboosh Advertising and Promotions
ltd purposes only.
Part 5, Sales &
Exclusions ( can not be sold ).
Siboosh advertising and Promotions ltd regret that listed items below
cannot be advertised for sale or for swap or given away free of charge
under any circumstances unless "you" the client is a
registered business and is properly licensed to sell such items,
therefore permitted to advertise.
part A
* Alcohol of any description or quantity.
* Tobacco products of any kind or quantity.
* Chemicals being either domestic, commercial or industrial of any kind
or quantity.
* Pharmaceuticals, drugs / medicines of any kind or description or
quantity.
Can not be sold.
part B
Child exploitation, grooming and anti-social
behavior.
As part of Siboosh Advertising and Promotions ltd moral code of
advertising rules, items listed below will not and can not under
any circumstances be advertised with Siboosh advertising and Promotions
ltd or any other service or product operated or owned by Siboosh advertising and Promotions ltd.
* Used underwear, due to health and safety.
* Weapons of any kind or description, such as slingshots, Bows and
arrows, guns, Riffles either real, replica or made safe, Antique. Knives
either domestic or catering.
* Swords of any description or condition.
* Pornographic imagery, DVDs, videos or printed publications or any form
of material.
* Toys, computer games and other items that's only purpose is to
encourage children and other people to act out violence, unsociable
conduct and destruction / damage of property, such as toy guns, knives,
swords or computer games.
* Clubs, organizations, groups, societies or any person or persons thought
to be involved in antisocial behavior, racist or prejudicial teachings
or acts or beliefs.
Part 6, Sales & Private Sales.
All advertisements for sales must be
accompanied by (if possible) a photocopy of proof of ownership (signed
and dated) of advertised items. In the case of an agent then an original
letter from the items owners, giving "you" the agent legal
right to sell said items on "their" the original owners
behalf.
Part 7, All Sales.
Siboosh Advertising and Promotions ltd reserves the right to accept or
reject in part or in its entirety any advertisements that it deems misleading
under the "Trades Descriptions Act" or the "Advertising
Standards Authority" or "unlawful" or found to be a
"confidence trick" or reject in its entirety any advertisement
thought to be placed by persons or business thought to be engaged in
illegal / unlawful activities. Siboosh Advertising and Promotions ltd
cannot be held legally accountable for any money or personal belongings
being lost or stolen or stolen items being sold. Also damaged in any way
or for the condition of items advertised and or sold or exchanged.
Part 8, Safety. and Tips.
*
All items are bought or exchanged at the buyers own risk and that
"buyer beware" be kept in mind at all times.
*It is required that buyers inspect any items making sure that any items
are "fit for purpose" and happy before handing over any money,
cheques or bank details. ( if you have the money in your bank account,
pay by cheque because a cheque can be stopped if anything goes wrong). (
if the seller will not take a cheque and insists on cash only, ask
yourself "why", the items may be stolen, fake, or not fit for
purpose ).
NEVER GIVE OUT YOUR BANK DETAILS OR BE TAKEN TO A BANK MACHINE, leave your card at home. There is NO excuse not to be able to
cash a cheque. Also a cheque is your proof of payment.
*Never go to any premises or locations alone or in an area you are not familiar
with. TELL someone who you are meeting, when and where and contact
details and meeting time and if possible a description of the persons
you are meeting.
* Always meet in daylight hours and always meet in public places, busy
and well lit and NEVER be encouraged to go to other locations.
* Always take an expert or a person who can advise you.
* If in doubt, say NO and do not buy any items.
* If it sound to good to be true, then it probably is. Just say NO.
* In the matter of cars and motor bikes, Make it a condition of sale and insist
that the car or motor bike is give an independent M.O.T. inspection before any
money is given. regardless if they say it has a certificate, they can be
fake IT'S YOUR LIFE AT RISK.
Part 9, Payment, Confirmation
& Cancellations.
All payments must be made and received and
( in the case of cheques, cashed in the bank ) within 14 working days
(being Monday through Friday ) prior to the advertisements or notice
insertion onto the website (siboosh.co.uk) or into the publication (siboosh
magazine) when available. Cheques must be made out to Siboosh
Advertising and promotions ltd. and sent to, Siboosh Advertising and
promotions ltd (Siboosh adpro), 11 Walnut road, Winton, Manchester, M30
8LE
Part 10, Legal Notice.
Siboosh Advertising and promotions ltd reserves the right to give any
and all information being both private and or commercial, in the matter
of suspicious, unlawful and or criminal acts being both proven and or
suspected, to the police and any other government agencies when
requested without the need of a court warrant / court order being served
upon Siboosh Advertising and Promotions ltd to surrender such
information.
Part 11, Cancellations.
If you wish to cancel your order, you must do so within 5 working
days being Monday through Friday, 10am until 4pm. Failure to do this
will result in your payment being either
*
None refundable if your order has already been placed on the website
or in the publication.
*
Or a £10.00 penalty charge for the clearing of bank charges of your
payment cheque.
Cancellations by telephone only. 0161 707 4404.
having your Company name, order number, company I.D number.
Telephone charges are charged at your phone providers network
rates.
Links
and Liability
Links:
A link is a connection that allows you to go from one page to
another or from one website to another website. As such, Links are a necessary part of the siboosh
website.
Part 1:
Links
The Services Siboosh Advertising & Promotions ltd
provide, or third parties may provide, links to other World Wide Web sites
or resources. Because Siboosh Advertising & Promotions ltd has no
control over such sites and resources, you "the customer"
acknowledge and agree that Siboosh Advertising & Promotions ltd is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You "the customer" further acknowledge and agree
that Siboosh Advertising & Promotions ltd shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or
resource.
part 2: Business & Contracts
with Third Party Advertisers
Your "you the customer" correspondence or business dealings
with, or participation in promotions of, third party advertisers found
on or through the Services, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
"the customer" and such third party advertiser. To the fullest
extent permitted by applicable law, you "the customer" agree
that Siboosh Advertising & Promotions ltd shall not be responsible
or liable for any loss or damage of any kind incurred as the result of
any such dealings or as the result of the presence of such third party
advertisers on the Siboosh Advertising & Promotions ltd website
service " siboosh ".
Part 3: Indemnity
You "the customer" agree to indemnify and hold Siboosh
Advertising & Promotions ltd and its subsidiaries, affiliates,
officers, agents, other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees including any and all
legal fees, made by any third party due to or arising out of Content you
"the customer" submit, post to or transmit through the Siboosh
advertising & Promotions ltd 'Siboosh' website services, your
"you the customer" use of the services, your "you the
customer" connection to the Services, your "you the
customer" violation of the Terms and Conditions, or your "you
the customer" violation of any rights of another.
Part 4: Disclaimer
You "the customer" do acknowledge and agree that;
A; Your "you the customer" use of the Siboosh
Advertising & Promotions ltd website service "siboosh" is
at your "you the customer" sole risk. The Siboosh Advertising
& promotions ltd website service "siboosh" is provided on
an "as is" and "as available" basis. To the fullest
extent permitted by applicable law. Siboosh Advertising & Promotions
ltd expressly disclaims all warranties, conditions and other terms and
conditions of any kind, whether expressed, or implied, including, but
not limited to any implied term of merchantability, satisfactory
quality, fitness for a particular purpose, and any term as to the
provision of services to a standard of reasonable care and skill or as
to non-infringement of any intellectual property right.
B, Siboosh Advertising & Promotions ltd makes no
representation that;
1, The Siboosh Advertising & Promotions ltd and website service
"siboosh" and third party advertisers will meet your
requirements.
2, The Siboosh Advertising & Promotions ltd website service
"siboosh" and third party advertisers business services will
be uninterrupted, timely, secure, or error-free.
3, The results that may be obtained from the use of Siboosh Advertising
&Promotions ltd and its website service "siboosh" and
third party advertisers services will be accurate or reliable.
4, The quality of any products, information, or other material purchased
or obtained by you "the customer" through the Siboosh
Advertising & Promotions ltd services and website "siboosh"
and third party advertisers services will meet your expectations.
5, Any errors in the software will be corrected.
C, Any links accessed to third party advertisers websites
or material downloaded or otherwise obtained through the use of the
Siboosh Advertising & Promotions ltd service and website service
"siboosh" is done at your "you the customer" own
discretion and risk and that you "the customer" will be solely
responsible for any damage to your "you the customer" computer
system and or any other equipment, software, hardware of any and all
description or personal and or business of any description or loss of
any data that results from the download of any such material.
D, No advice or information, whether oral or written, obtained by
you "the customer" from Siboosh Advertising & Promotions
ltd and the website service "siboosh" shall create any
warranty or other obligation not expressly stated in the terms and
conditions and links and liabilities.
Part 5: Limitation of Liability
You "the customer" Acknowledge and agree that Siboosh
Advertising & Promotions ltd and website service "siboosh"
shall not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to
,damages for loss of profits, goodwill, use, data or other intangible
losses (even if Siboosh Advertising & Promotions ltd and the website
service "siboosh" has been advised of the possibility of such
damages), resulting from
1, The use or inability to use the Siboosh Advertising &
Promotions ltd service and website service "siboosh".
2, The cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or
from the Siboosh Advertising &Promotions ltd service or website
service "siboosh".
3, Unauthorized access to or alteration of your "you the
customer" transmissions or data.
4, Statements or conduct of any third party advertiser on the
service.
5, Any other matter relating to the Siboosh Advertising &
Promotions ltd service and website service "siboosh".
You "the customer" agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of the Siboosh Advertising & promotions ltd service and
website service "siboosh" terms and conditions and links and
liabilities must be filed within 1 year after such claim or cause of
action arose or be forever barred.
Part 6: Exclusions
& Limitations
Some jurisdiction do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential
damages. accordingly, some of the above limitations may not apply to you
"you the customer".
In particular, nothing in these terms and conditions and links and
liabilities shall affect the statutory rights of the consumer or exclude
or restrict any liability for death or personal injury arising from the
negligence or fraud of Siboosh Advertising & Promotions ltd.
Part 7: Special admonition for services relating
to financial matters.
If you "the customer" intend to create
or join any service, receive or request any news, messages, alerts or
other information from the third party advertiser services concerning
companies, stock quotes, investments or securities, for this type of
information particularly, the phrase "Let the investor beware"
is apt. The third party advertiser services are provided for
informational purposes only, and no Content included in the Services is
intended for trading or investing purposes( unless the third party
advertiser professionally advises you may do so). Siboosh Advertising
& Promotions ltd shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted via
the third party advertisers services, and shall not be responsible or
liable for any trading or investment decisions made based on such
information.
Part 8: Copyright
Siboosh Advertising & Promotions ltd respects the intellectual
property of others, and we ask our customers and website "siboosh"
viewers to do the same. If you believe that any of your intellectual
property rights have been infringed on the Siboosh Advertising and
Promotions ltd service or website "siboosh" services then
please notify us,
You "the customer" acknowledge and agree that the Services and
any necessary software used in connection with the Services
("Software ") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Services or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorised by advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Services or the
Software, in whole or in part.
Part 9:
General Information
Neither you "the customer" nor Siboosh Advertising &
Promotions ltd may assign or transfer any rights or obligations under
these terms and conditions and links and liabilities without the prior
written consent of the other party, except that Siboosh Advertising
& Promotions ltd shall be entitled to assign or transfer any or all
of its rights and obligations (without your prior consent) to any of its
affiliated services.
The section titles in the terms and
conditions and links and liabilities are for convenience only and have no
legal or contractual effect. No Right of Survivorship and
Non-Transferability. You "the customer" agree that your
"you the customer" account is non-transferable and any rights to
your account or contents within your account terminate upon the end of the
account duration time limit or your "the customer" death.
All contents therein will be permanently deleted in line with Siboosh
Advertising & Promotions ltd policy.
Part 10: Modifications to the Service
Siboosh Advertising & Promotions ltd reserves the right at any time
and from time to time to modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with or without notice.
You "you the customer" agree that Siboosh Advertising &
Promotions ltd shall not be liable to you "the customer" or to
any third party for any modification, suspension or discontinuance of the
Services.
Part 11: Notices
Notices to you may be made via either email or regular mail. The Services
may also provide notices of changes to the terms and conditions and links
and liabilities or other matters by displaying notices or links to notices
to you "the customer" generally on the services.
