This Agreement applies as between you (the client), the User of this Website, and Corporate ABM, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions (T&Cs) is deemed to occur upon your first use of the Website. If you do not agree to be bound by these T&Cs, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Only the email proposal sent direct from a Corporate ABM or Global Business Magazine (GBM) employee constitutes a contractual offer, and your acceptance of that offer is deemed to occur upon you sending an acceptance confirmation to Corporate ABM or GBM with regards to your inclusion within the publication.
1. Definitions and interpretation
In this Agreement, the following terms shall have the following meanings:
Account: Collectively the personal information, Payment Information and credentials used by Users to access paid Content and/or any communications system on the Website;
Content: Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored on a computer that appears on or forms part of this Website;
Corporate ABM: Corporate ABM Ltd/GBM registered office: Fields House, 12/13 Old Field Road, Bocam Park, Pencoed, CF35 5LJ;
Service: Collectively any online facilities, tools, services or information that Corporate ABM makes available through the Website, either now or in the future;
Services: The services available to you through this Website, specifically Subscriptions and E-Mag;
Payment Information: Any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
Purchase Information: Collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
Premises: Corporate ABM Ltd's/GBM's registered office: Fields House, 12/13 Old Field Road, Bocam Park, Pencoed, CF35 5LJ;
System: Any online communications infrastructure that Corporate ABM makes available through the Website, either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User(s): Any third party that accesses the Website and is not employed by Corporate ABM and acting in the course of their employment; and,
Website: The Website that you are currently using (www.gbmonline.net) and any sub-domains of this site (eg, subdomain.www.gbmonline.net/news), unless expressly excluded by their own terms and conditions.
2. Business customers
These T&Cs apply to business customers only.
This section applies to all customers (clients) who agree to publish with Corporate ABM in return for a fee.
2.1 Articles will be sent to the client before approval once editing is completed.
2.2 Articles will not be sent back to the client for approval after the design process or before print.
2.3 Any orders placed come with a seven-day cooling off period if you (the client) decide not to go ahead with your order, you must notify us within the seven days of confirming.
2.4 If a cancellation is not made within the seven-day period, we will expect the editorial within the agreed timescale. If the editorial is not received in sufficient time for inclusion in the publication, our journalists may write an article on your firm/organisation based on information taken from your website or other reliable sources, which will then be published in your position within the magazine.You (the client) will still be charged for the article.
2.5 The opinions expressed in GBM do not necessarily reflect those of the editors, publishers or their agents. The information provided in GBM is general and may not be applied to a specific situation. GBM does not purport to provide legal or other professional advice and takes no responsibility for actions taken on the basis of information provided herein. Legal advice should always be sought before taking any such action. Laws and government policies are constantly changing and accordingly GBM takes no responsibility for the accuracy or currency of the information provided herein. If you require particular information you are advised to consult with the article's author or seek legal advice.
3. Intellectual property (IP)
3.1 Subject to the exceptions in section 4 below, all Content included on the Website (unless uploaded by Users) including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Corporate ABM, our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable United Kingdom and international IP and other laws.
3.2 Subject to section 5 below, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Corporate ABM.
4. Third-party IP
4.1 Unless otherwise expressly indicated, all IP rights, including (but not limited to) copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.2 Subject to section 6 below, you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
5. Fair use of IP
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Links to other websites
This Website may contain links to other websites. Unless expressly stated, these websites are not under the control of Corporate ABM or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the websites themselves or of those in control of them.
7. Links to this Website
Those wishing to place a link to this Website on other websites may do so only to the home page of the site (www.gbmonline.net) without prior permission. Deep linking (ie, links to specific pages within the site) requires the express written permission of Corporate ABM. To find out more please contact us by email at admin@gbmonline.net or by using the 'contact us' form.
8. Use of communications facilities
8.1 When using the enquiry form or any other System on the Website, you should do so in accordance with the following rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise objectionable.This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to promote or incite violence;
8.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
8.1.5 The means by which you identify yourself must not violate these T&Cs or any applicable laws;
8.1.6 You must not impersonate other people, particularly employees and representatives of Corporate ABM or our affiliates; and,
8.1.7 You must not use our System for unauthorised mass-communication such as 'spam' or 'junk mail'.
8.2 You acknowledge that Corporate ABM reserves the right to monitor any and all communications made to us or using our System.
9. Accounts
9.1 In order to procure Services on this Website and to view the E-Mag facilities you must create an Account, which will contain certain personal details and Payment Information that may vary based upon your use of the Website as we may not require Payment Information until you make a purchase. By continuing to use this Website, you represent and warrant that:
9.1.1 All information you submit is accurate and truthful;
9.1.2 You have permission to submit Payment Information where permission may be required; and,
9.1.3 You will keep this information accurate and up-to-date.
9.2 Your creation of an Account is further affirmation of your representation and warranty.
9.3 It is recommended that you do not share your Account details, particularly your username and password. Corporate ABM accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser.
9.4 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Corporate ABM immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until the provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Corporate ABM will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
9.5 When choosing your username, you are required to adhere to the terms set out in section 8 above. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Termination and cancellation
10.1 Either Corporate ABM or you may terminate your Account. If Corporate ABM terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2 If Corporate ABM terminates your Account, any current or pending orders or payments on your Account will be cancelled and the provision of Services will not commence.
10.3 Corporate ABM reserves the right to cancel orders or payments without giving reasons, for any reason prior to processing payment or commencing the provision of Services.
11. Payment
11.1 Any and all monies are due for payment on completion of the order or on the dates, or intervals, specified in that order as may be appropriate, unless alternative arrangements are agreed between the purchaser and Corporate ABM.
11.2 Interest will be charged on a monthly basis, commercial interest at 10% above the base rate of the Bank of England obtained at the time.
12. Services, pricing and availability
12.1 While every effort has been made to ensure that all descriptions of Services available from Corporate ABM correspond to the actual Services, Corporate ABM is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-section 13.4 below for incorrect Services.
12.2 Where appropriate, you may be required to select the required Subscription Services.
12.3 Corporate ABM does not represent or warrant that such Services will be available. Availability indications are provided on the Website.
12.4 All pricing information on the Website is correct at the time of going online. Corporate ABM reserves the right to change prices and alter or remove any special offers from time to time and as necessary without notice.
12.5 In the event that prices are changed during the period between an order being placed for Services and Corporate ABM processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
12.6 All prices on the Website do not include VAT. Corporate ABM's VAT number is GB989404371.
13. Provision of Services
13.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the terms and conditions pertaining directly to those Services.
13.2 Corporate ABM shall use its best endeavours to provide the Services with reasonable skill and care.
13.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
13.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within ten days to inform us of the mistake. Corporate ABM will ensure that any necessary corrections to the Services provided are made within seven working days.
13.5 Corporate ABM reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this section 13. Factors that may be taken into account in the exercise of this discretion include, but are not limited to:
13.5.1 Any use or enjoyment that you may have already derived from the Services; and,
13.5. 2 Any characteristics of the Services that may mean that cessation of provision is impossible without significant further work on the part and at the expense of Corporate ABM. Such discretion to be exercised only within the confines of the law.
14. Privacy
Use of the Website is also governed by our Privacy Policy (http://www.gbmonline.net/node/15) that is incorporated into these T&Cs by virtue of this reference. To view the Privacy Policy, please click on the link above.
15. Disclaimers
15.1 Corporate ABM makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
15.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
16. Changes to the Service and these T&Cs
Corporate ABM reserves the right to change the Website, its Content or these T&Cs at any time. You will be bound by any changes to the T&Cs from the first time you use the Website following the changes. If Corporate ABM is required to make any changes to the T&Cs by law, these changes will apply automatically to any orders currently pending, in addition to any orders placed by you in the future.
17. Availability of the Website
The Service is provided 'as is' and on an 'as available' basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Corporate ABM accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, acts of God or legal restrictions and censorship.
18. Limitation of liability
18.1 To the maximum extent permitted by law, Corporate ABM accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
18.2 Nothing in these T&Cs excludes or restricts Corporate ABM's liability for death or personal injury resulting from any negligence or fraud on the part of Corporate ABM.
18.3 Nothing in these T&Cs excludes or restricts Corporate ABM's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
18.4 While every effort has been made to ensure that these T&Cs adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these T&Cs and shall not affect the validity and enforceability of the remaining T&Cs. This term shall apply only within jurisdictions where a particular term is illegal.
19. No waiver
In the event that any party to these T&Cs fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous T&Cs
In the event of any conflict between these T&Cs and any prior versions thereof, the provisions of these T&Cs shall prevail, unless it is expressly stated otherwise.
21. Notices
All notices/communications shall be given to us either by post to our Premises (see address above) or by email to admin@gbmonline.net. Such notice will be deemed received three working days after posting if sent by first class post, the day of sending if the email is received in full on a working day and on the next working day if the email is sent on a weekend or UK public holiday.
22. Law and jurisdiction
These terms and conditions and the relationship between you and Corporate ABM shall be governed by and construed in accordance with the Law of England and Wales. Corporate ABM and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
