TERMS AND CONDITIONS

Welcome to our website www.exquisiteconcierge.co.uk (the "Website"). The Website is provided by Refined Media Ltd (?RM?). Refined Media is registered in England and Wales under Company number is 08222503 and our registered office is at Suite 2, 284 Warley Hill, Brentwood, Essex, CM15 0DT. Our VAT number is 158549273 "You" and "your" means you as the user of our Website.

Please see below the terms under which we are providing you with access to our Website. Please read these terms carefully before accessing or using Exquisite Concierge web pages. These include the terms and conditions that govern:

  • Your use of the Website.
  • Your rights to link to the Website.
  • Our use of cookies on the Website and how we will use and protect information about you (See separate points regarding Privacy Policy and Cookies Policy).

If you continue to browse and use this website then you are deemed to agree to comply with and are bound by the following Terms and Conditions of use, which together with our privacy policy govern Refined Media?s relationship with you in relation to this website. If you do not agree to these terms and conditions, please do not use or access Exquisite Concierge.

Accessing the Website

By accessing the Website, you agree to these Terms and Conditions. You should read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for future reference. Refined Media reserve the right to change the Terms and Conditions from time to time. The revised Terms and Conditions will be available on the Website and you will be deemed to have accepted any changes to the Terms and Conditions after notification of the changes on our home page and your continued access of the Website.

General Terms and Conditions

As a condition of your right to use the Site, you represent that you are of legal age to enter into such binding contract.

You are responsible for making all arrangements necessary to access this Website and for ensuring that all persons accessing our Website through your internet connection are aware of these Terms and Conditions.

Please note that use of our Website is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility. You are advised to check this specification and we shall not be liable for any failure arising in the Website which is due to incompatibility (including, without limitation, storage and memory requirements).

Where a User Account or Membership and/or password is required, it is the responsibility of the user to ensure that all use of such accounts complies with these Terms and Conditions. It is the users responsibility to protect the confidentiality of user name(s) or password(s), if any. You agree to provide accurate, current and complete personal data as requested by Exquisite Concierge, and you agree to keep such data accurate, current and complete. Exquisite Concierge reserves the right to suspend or terminate your use of the Site if it discovers, or has reason to believe that any of the information you have provided is inaccurate, incomplete or untrue. Exquisite Concierge reserves the right to amend or discontinue any aspect or feature of the Website.

DIGITAL ADVERTISING

1. Definitions

"Publisher"means Refined Media Limited and any of its partners associated with Exquisite Concierge "Ad-Server" means the technology and service that enables the placement of microsites onto Exquisite Concierge. The Advertiser accepts that the Ad-Server is owned and controlled by a third party contracted to the Publisher; "Advertisement" means Content that is delivered via the Ad-Sever and may include a Microsite, display advertising, banners, home-page takeovers and any other type of placement available on a desk-top or mobile optimised website, mobile application, email or other digital platform in accordance with the Booking Confirmation; "Contract" means a legally binding booking accepted by the Publisher, generally in the format of the Advertisement Booking Form (Booking Confirmation) for the Advertisement; "Applicable Law" means all laws and regulations (including subordinate legislation and the law of the European Economic Community), advertising codes, practices and guidance and all applicable industry standards for the time being in force or applicable in any territory in which the Advertisements comprising the Campaign will be distributed or accessible; "Approved Digital Assets" means all material provided by an Advertiser with the intention that such material should appear on the Publisher?s online property; "Advertiser" means an advertising agency where an advertising agency is used or any person, partnership or company and/or its agent placing bookings for the insertion of an Advertisement "Campaign Start Date" means the start date of the Advertisement as detailed in the Booking Confirmation "Notice of Cancellation" means the notice from the Advertiser either in writing to [email protected] or via telephone on +44 01702 815073 informing the Company that the Advertiser wishes to cancel the Contract; "Content Deadline" means the latest date by which the Advertiser must give Refined Media full instructions and all Assets required for delivery of the Advertisement, such date being: (1) for Standard Creative, at least two (2) Working Days before the Campaign Start Date; and (2) for all other Advertisements, five (5) Working Days before the Campaign Start Date, unless otherwise agreed in writing; "Intellectual Property" means any and all patents, service marks, designs, utility models, unregistered or registered trade marks, business or trade names, copyright, design rights, know-how and all other similar rights of a corresponding nature, existing anywhere in the world; "Microsite" means the page or multi-page advertisements or promotions developed by the Publisher for the Advertiser; "Ad Impression" refers to the metric used to describe when an Advertisement is displayed on the Exquisite Concierge website "Deliverables" means the type and amount of the service required including, without limitation, page impressions, clicks or other actions specified and agreed by the parties irrespective of the delivery systems and platforms to which they are directed "Ad Format" means the type of advert placed, such as MPU (middle placement unit), leaderboard, skyscraper, skin, billboard or microsite "Microsite" refers to a page on the Exquisite Essex site that details a venue or brand, including (but not limited to) an overview of the venue/brand/resort, an About Us section, location details, a gallery and exclusive privileges for our members. "Rich Media Creative" means non "gif" or "jpeg" formats, typically HTML5 Advertisements and similar; "Standard Creative" means "gif" or "jpeg" formats; "Working Day" means each day excluding Saturdays, Sundays and English bank and other public holidays.;

1.2 In these Terms words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders; Headings are for reference only and do not affect the meaning or interpretation of these Terms; references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and any reference to ?persons? includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).

2. Acceptance of Advertisement

All orders are accepted subject to acceptance of Approved Digital Assets by the Publisher. The Publisher reserves the right in its absolute discretion to require the Advertiser to amend any artwork, materials or Approved digital Assets for and relating to any Advertisement or to cancel any Contract or to suspend an Advertisement (for example if it is libellous, unlawful, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or its servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full notwithstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified other Advertiser as soon as reasonably possible.

2.1 All contents of Advertisements are subject to the Publisher?s approval. The Publisher does not undertake to review the contents of any Advertisement and any such review of and/or approval by the Publisher will not be deemed to constitute an acceptance by the Publisher that such Advertisement is provided in accordance with these Conditions nor will it constitute a waiver of the Publisher?s rights hereunder. The Publisher reserves the right at any time in its absolute discretion to reject or cancel any Advertisement, Order, URL link, space reservation or position commitment; or remove any Advertisement from any of the Publisher?s properties or any page.

2.2 Except as otherwise expressly provided, positioning of Advertisements within the Publisher?s properties or on any page is at the sole discretion of the Publisher, and the Publisher will not be prohibited from also carrying Advertisements for any product or business competitive to the product or business of the Advertiser.

2.3 The Publisher does not warrant the date or dates of insertion of the Advertisement(s) and does not warrant that the Advertisement(s) will not be displayed after the end date specified. However, the Publisher will use reasonable efforts to comply with the Advertiser?s wishes in these regards.

2.4 The Advertiser warrants that any Advertisement in relation to any investment or financial promotion (as defined under the Financial Services and Markets Act 2000) has been approved by an authorised person within the meaning of the Act or the Advertisement is otherwise permitted under the Act, under the Financial Promotion Order 2001 or any other legislation subordinate to the Act.

2.5 Complaints from the Advertiser concerning mistakes or problems with the production on the website must be received in writing by the Publisher not more than 14 days after the first publication of the Advertisement, failing which the Advertisement shall be deemed to be accepted by the Advertiser. Complaints received after such time will not be entertained by the Publisher who shall have no liability in respect thereof.

2.6 If Assets are delivered to Refined Media after the Content Deadline but by midday on the day before the Campaign Start Date, Refined Media may at its discretion (but without any obligation to do so) pro rata down the duration of the booking period.

2.7 Refined Media reserves the right to charge the Buyer for extra production and processing costs reasonably incurred because of any omission by the Advertiser to supply Assets of sufficient quantity to fill the space booked.

2.8 The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract, whether through any failure (technical or otherwise) or negligent act or omission on the part of the Publisher or any third party, the Publisher?s liability will be limited (at the option of the Publisher) to either:

(a) publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable in the period following the period during which the Advertisement was scheduled to run and for such time as is necessary; or (b) refund to the Advertiser that proportion of the amounts paid which relate to those Advertisements which were not provided or, if the relevant amounts were not paid by the Advertiser, agree that such amounts will not be due or payable.

2.9 The Publisher shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Publisher?s error or negligence or by any reason whatsoever. The Publisher shall not be liable whatsoever in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within one month of the actual publication date of the Advertisement

3.0 Indemnity

The Advertiser shall indemnify the Publisher and shall keep the Publisher fully and effectively indemnified and hold the Publisher harmless from and against all costs (including all legal costs), losses, damages, expenses or liabilities whatsoever arising (whether directly or indirectly) as a result of or in connection with the Advertiser?s breach or non-performance of any obligation, warranty or promise given under this Agreement.

4.0 Cancellation

4.1 The Advertiser may cancel any Contract without cause not less than 30 days prior to the agreed date of publication of the Advertisement. The cancellation notice period of 90 days will be effective when written notice is received by the Publisher. The Publisher may cancel any Contract five working days prior to the agreed date of publication of the Advertisement.

4.2 If the Advertiser cancels any Contract in accordance with Condition 4.1, he relinquishes any right to that series discount (if any) to which he was previously entitled and Advertisements will be paid for at the appropriate rate. A new invoice will be issued for any surcharges relating to Advertisements that have already been invoiced at the discounted rate. The payment date for any previous invoices remains unaffected.

4.3 If the Advertiser fails to provide the Publisher with written notice of cancellation of the Advertisement by the relevant deadline, the Advertiser shall remain liable for payment of the Advertisement.

5.0 Digital Asset Receipt

5.1 Approved Digital Assets must be supplied by the Advertiser to the Publisher by the last day for receiving Approved Digital Assets as stated by the Publisher, failing this, the Publisher cannot guarantee that proofs will be supplied or corrections made. Approved Digital Assets must be supplied to the Publisher in the following ways:

(a) complete and in specification creative must be provided no less than 2 working days prior to start date of the campaign;

(b) Rich media creatives and video display ad campaigns (e.g. pre-roll, instream) must be pprovided 3 working days prior to start date of the campaign;

(c) Advertiser assets for inclusion in creatives to be produced by the Publisher must be sent 2 weeks prior to planned start date of campaign;

(d) Homepage and channel takeover creatives must be provided 5 days prior to the start date of the campaign;

5.2 Any Contract that needs to have start and/or end dates amended, will have up to 5 working days prior to the campaign start date to do so. When a campaign has started, the end date may not be moved forward unless agreed to by the Publisher

5.3 If Approved Digital Assets instructions are not received by the last day for receiving Approved Digital Assets the Publisher reserves the right in its absolute discretion to repeat Advertiser?s existing Approved Digital Assets in its possession where appropriate or where the Publisher does not hold any Approved Digital Assets to omit the Advertisement and to charge for the space reserved in accordance with Condition x. For all Approved Digital Assets supplied, the Advertiser must adhere to the specification issued by the Publisher. In the event that the Advertiser?s files do not comply with the specification, the Publisher reserves the right in its absolute discretion to reject the Approved Digital Assets and the Advertiser will be asked to re-supply. If, due to technical, time or other reasonable constraints, the Publisher has to repair or rectify the file, the Publisher may (at its discretion) notify the Advertiser and shall not be liable for any inaccurate reproduction of the Advertisement or any resulting costs whether direct or indirect.

5.4 Approved Digital Assets supplied to the Publisher by electronic means must be free from software viruses or any other malicious computer code or corruption that may impact the site?s operation either by end users or the Publisher

5.5 Advertiser?s property, originals, artwork, type, mechanicals, positives etc. are held by the Publisher at the owner?s risk and should be insured by the Advertiser against loss or damage from whatever cause. After performance of the Contract relating to such materials, the Advertiser shall be responsible for collecting all such materials which it requires from the Publisher?s premises, failing which, the Publisher reserves the right to destroy all artwork, film, Approved Digital Assets or other materials which has been in its possession for more than three months and no liability shall be attached to the Publisher in respect of such destruction.

5.6 Advertisements will be published to the representation as provided by file (or other accepted medium) by the Advertiser and the Publisher shall not be liable for any lack of clarity or other error in representation that results from the representation of the Advertisement as it was provided by the Advertiser. Reasonable standard charges will be made to the Advertiser where production work of any kind is required to put the Advertisements in a form suitable for publication for any reason and at any stage. The Publisher will notify the Advertiser of such charges in writing upon receipt of advertising Approved Digital Assets.

6.0 Terms of Payment

6.1 The charges payable by the Advertiser shall be specified in the Booking Confirmation. The Advertiser shall normally be invoiced prior to the Campaign Start Date and payment shall be due upon receipt of invoice, and prior to the Campaign Start Date.

6.2 In the event that payment is not made by the due date in accordance with clause 6.1 (in respect of which time shall be of the essence) Refined Media reserves the right to charge interest on the amount outstanding at a rate of 2% above the base rate of Lloyds Bank plc accruing daily.

6.3 Any frequency discount granted by Refined Media to the Advertiser for multiple insertions will apply only in the event that all the Advertisements contemplated are placed. In the event that the Advertiser cancels or does not include any multiple Advertisements, the Advertiser will lose the right to the Frequency Discount and will be charged at full Rate Card value.

7.0 General

7.1 The Advertiser expressly acknowledges that he has not relied on any representation made by or on behalf of the Publisher in entering the Contract.

7.2 The Advertiser may not assign or transfer any of its rights under these Conditions to any third party.

7.3 No person who is not a party to this Contract has any right under the Contracts (Right of ThirdParties) Act 1999 to enforce any part of this Contract.

7.4 The Publisher and the Advertiser warrant that they will duly observe all their obligations under the Data Protection Act 1998 (as applicable) which may arise in connection with this Agreement.

7.5 The Publisher does not provide any warranties in relation to (1) the availability or the absence of technical or other disturbances of its Digital Publications; (2) the number of clicks or page impressions or unique views for activity on its Digital Publications.

7.6 To the extent GNM sets cookies on the devices of users of the Advertiser's Site(s) or uses any other data collecting technology (such as tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking impressions and related data ("Advertiser Data"), GNM shall notify the Advertiser and the Advertiser shall ensure that the Advertiser's Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice

7.7 GNM and its service providers will only use any Advertiser Data solely in relation to the Advertiser's particular advertising campaign. All such Advertiser Data collected by GNM will be treated as the confidential information of the Advertiser and will not be disclosed by GNM to any third party (other than GNM's service providers for the purpose of GNM complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.

7.8 Reporting of Advertisement performance is available upon request from the Publisher. The Advertiser acknowledges and agrees that the Publisher cannot guarantee the number of impressions an and, prior to the publication of an Advertisement or Campaign, any figures given by the Publisher to the Purchaser in relation to the number of impressions shall be estimates only.

These Conditions shall constitute the entire agreement between the parties with regard to its subject matter and shall supersede all prior understandings, commitments and undertakings that either party may have given. Where the Advertiser for the purposes of these Conditions is an advertising agency, the Advertiser represents, warrants and undertakes that it has full authority to enter into the Contract on behalf of, and to bind, the company whose products or services are being promoted.

The Publisher and Advertiser warrant that any information given to the other party which ought reasonably be treated as confidential shall be treated as such and such information shall not be disclosed by either party without the prior written consent of the other.

Third Parties

Exquisite Concierge may include links to services/websites operated by third parties, including advertisers and other content providers. We have no control over such services/websites, and cannot therefore accept any responsibility for their content, functionality or legality including the solicitation of personal information from you. Linking to such services/websites is at your own risk.

Any additional services/websites operated by third party suppliers, may require you to agree to their additional Terms and Conditions. Exquisite Concierge accepts no liability in connection with any such Terms and Conditions and the obligation in connection thereto is your own responsibility.

Any service/website that links or interacts in any way with Exquisite Concierge must not;
Create any border or browser environments around our content without our authorisation, nor must they use content from our Website for its own or public use unless authorised to do so by Refined Media.

Refined Media do not permit any implication of endorsement of products or services.

Refined Media and Exquisite Concierge prohibit the use of any Trade Mark without prior permission.

No Intellectual Property Rights can be infringed in any way. All content and other material on Exquisite Concierge is owned by Refined Media and/or our third party licensors (and is protected by international copyright, trade dress, design, patent, and trade mark laws, international conventions, and other laws protecting intellectual property and related proprietary rights). All such rights are reserved to us and our licensors

You are not permitted to remove, sell, license, distribute, copy, modify, transmit, publish, edit adapt or create or alter any copyright, patent, trade mark, or other proprietary rights notices appearing on Exquisite Essex.

Content must not be construed as offensive, controversial, illegal or any other form which prove detrimental to the reputation and interests of Refined Media.
Refined Media reserve the right to take appropriate action and remove any such activity which breaches these Terms and Conditions.

All content used on Exquisite Concierge (collectively, the "Content"), as well as its selection and arrangement, is owned by Refined Media and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, on the provision that you at no time are any trademarks, copyrights or other notices removed from such Content. No other use is permitted without prior written permission of Refined Media Ltd. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms and Conditions.

You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content.

Your dealings or communications through Exquisite Concierge with any party other than Exquisite Concierge are solely between you and that third party. For example, certain areas of Exquisite Concierge will allow you to link and conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances does Exquisite Concierge or Refined Media accept any liability for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

General Disclaimer and Limitation of Liability

While Exquisite Concierge uses all reasonable efforts to include accurate and up-to-date information; we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Exquisite Concierge does not represent or warrant that use of any Content will not infringe rights of third parties, nor do we accept any responsibility for actions of third parties or for content provided or posted by others. Neither Refined Media, nor any of our affiliated companies, employees, agents, content providers, licensors make any representation or warranty of any kind regarding the content, advertising material or information, products or services available on Exquisite Concierge.

Exquisite Concierge contains information, opinions and recommendations of its own and also third party individuals and organisations. Exquisite Concierge does not represent or endorse the accuracy or reliability of any information, opinion or recommendation or other information displayed in any format. The reliance upon any such information, opinion, or recommendation is at your sole risk.

In no event shall Exquisite Concierge or its affiliates, employees, agents, content providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages.

Indemnification

You agree to indemnify Refined Media and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages

Trademarks

"Exquisite Concierge", "Exquisite" and ?Exquisite Education? and the Refined Media logo are service marks of Refined Media Limited. All rights reserved. All other trademarks, logos and service marks appearing on Exquisite Concierge are the property of Refined Media or their respective owners.

Force Majeure

Neither Refined Media nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Termination

We have the right to terminate your use of or access to Exquisite Concierge, for any reason, without notice.

These Terms & Conditions were last updated on 19th April 2017.