By accessing Packaging Europe magazine online on www.packagingeurope.com (“the Site”) or by otherwise accessing any content found on this web site or by using any digital application edition of Packaging Europe magazine or other digital application published by Packaging Europe magazine (each a “Digital Application”), you are entering into an agreement with Packaging Europe Ltd, part of Rapid News Communications Group, and agree to the terms that follow. The Site is owned and operated by Packaging Europe Ltd.
Packaging Europe magazine and www.packagingeurope.com are trading names of Packaging Europe Ltd.
Registered Office: Alkmaar House, Alkmaar Way, Norwich, Norfolk, NR6 6BF, United Kingdom
Company Number 10531302
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Packaging Europe Ltd is part of the Rapid News Communications Group of companies.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the “Packaging Europe Content”), is copyright of Packaging Europe magazine and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “Packaging Europe magazine” name and logo or other trade names appearing on the Site) for any reason without written permission from Packaging Europe magazine.
Use of Packaging Europe Magazine Content
All Packaging Europe Magazine content is strictly for personal, non-commercial use only.
You may retrieve and display Packaging Europe magazine Content from Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Packaging Europe Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Packaging Europe magazine:
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Any use of Packaging Europe Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to James Woodcock at the above address.
Registration, Passwords and Responsibilities
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Certain areas or features of the Site and/or Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to Packaging Europe Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify Packaging Europe magazine if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Packaging Europe Content. You will provide Packaging Europe magazine with accurate, complete registration information and inform Packaging Europe magazine of any changes to such information. For the purpose of confirming your compliance with these Terms, Packaging Europe magazine reserves the right to monitor and record activity on the Site and Digital Applications, including access to Packaging Europe Content.
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Fees and Payments
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If your use of the Site is terminated by Packaging Europe magazine, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from Packaging Europe magazine’s third party partners. In that event, your contract for such products will be with the third party partner and not with Packaging Europe magazine.
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You are responsible for all content you post.
The Site and Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to Packaging Europe magazine and interaction between users and Packaging Europe magazine representatives (“Forums”). While Packaging Europe magazine does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
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By submitting Messages to any Forum you agree to indemnify and hold harmless Packaging Europe magazine from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 5.
Packaging Europe magazine has no control over individuals posting Messages on any Forum. Packaging Europe magazine cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
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It is not possible for Packaging Europe magazine to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify Packaging Europe magazine immediately using the comment form function on each article.
Packaging Europe magazine respects your privacy.
Changes to the Site
Packaging Europe magazine reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Packaging Europe Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All Packaging Europe Content and services are provided ‘as is’. You indemnify us.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, Packaging Europe magazine makes no warranty, express or implied concerning Packaging Europe Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. Packaging Europe magazine expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Packaging Europe magazine, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Packaging Europe magazine has been advised of the possibility that such damages may arise. Packaging Europe magazine does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of Packaging Europe magazine or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by Packaging Europe magazine exceed the amount, if any, paid by you to Packaging Europe magazine for the particular Service to which the claim relates.
Upon Packaging Europe magazine’s request, you agree to defend, indemnify and hold harmless Packaging Europe magazine, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
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Packaging Europe magazine, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Packaging Europe Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Additional Terms apply to your use of Packaging Europe magazine Content.
Changes to these Terms. Packaging Europe magazine may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or Packaging Europe Content). Whenever the Terms are changed, Packaging Europe magazine will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after Packaging Europe magazine has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain the Packaging Europe Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Packaging Europe magazine is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Packaging Europe magazine is not responsible for the availability of these websites or their content.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Packaging Europe magazine.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to Packaging Europe magazine must be given in writing, by letter, and sent to Alkmaar House, Alkmaar Way, Norwich, Norfolk, NR6 6BF, United Kingdom.
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
Packaging Europe magazine may terminate or suspend your access to Packaging Europe Content at any time.
Packaging Europe magazine may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any Packaging Europe Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to Packaging Europe magazine under these Terms or by law.
ADVERTISING TERMS AND CONDITIONS
1. All advertising orders placed in Packaging Europe hereafter “The Magazine” or on packagingeurope.com hereafter “The Website” by the advertiser and received by Rapid News Communications or its agents, hereafter “The Publisher”, shall be governed by the terms and conditions below.
2. Advertisers and advertising agencies will agree to indemnify and hold harmless The Publisher from any claim arising out of the publication of any material or advertisement submitted to The Publisher by the advertiser and published in The Magazine or in any associated products whether delivered on paper or in electronic form.
3. The Publisher has the right to reject any advertising material submitted for publication in The Magazine in print and/or online. The Publisher has the right to insert the word Advertisement alongside any copy/advertisement scheduled to appear in the publication in print and/or online.
4. Advertisements booked to appear in The Magazine in print and/or online may only be cancelled by the submission in writing of a cancellation note no later than 30 days before the print issue reservation closing date. Online orders may not be cancelled after execution has commenced. It is the advertiser’s responsibility to gain acknowledgement of receipt of confirmation of cancellation in writing.
5. The Publisher will not be held responsible for any costs or damages beyond the agreed costs of the advertisement where such cost has been prepaid by the advertiser or where production quality of such advertisement is below standard.
6. The Publisher will issue invoices in Euros in every instance. If an advertiser wishes to pay in another currency they must advise The Publisher at the time of booking. In this instance, The Publisher reserves the right to protect themselves against currency fluctuations between the time of order and payment. In respect of this provision the exchange rates applicable, will be advised at the time of booking and the amount due in foreign currency clarified for the avoidance of doubt.
7. All fees for digital or print orders are invoiced upon signature and payable within 30 days. Where advertising is booked for or on behalf of an advertiser by an agent or advertising agency then the client as principal is and remains liable for the liability incurred and particularly for any monies still owing in the event of default by the said agent or agency.
8. Where an advertiser has been granted a discount (for example for a series booking) and the advertiser fails to settle within 30 days of publication either in print or online the advertiser will automatically lose the discount for that advertisement and shall be liable to pay the full rate card price of the advertisement.
9. The positioning of an advertisement is at the discretion of The Publisher except when an advertiser has paid the preferred position charge and the availability of this position has been confirmed in writing by The Publisher. Preferred and guaranteed positions are sold at an extra premium.
10. Any order containing digital advertising or communication elements must be executed within 12 months of the contract date. Any elements not executed after twelve months will be declared void and will not be executed by The Publisher. For the avoidance of doubt any elements that are voided will not be refunded. There will be no extensions to contracted advertising time period due to delayed arrival of creative.
11. This contract shall be governed by the laws of England and Wales whose courts shall be the proper forum for any action commenced either by The Publisher or by the advertiser.
12. The Publisher will not return any materials submitted for publication in The Magazine in print and/or online, or any associated properties, unless prior agreement is issued in writing by The Publisher. The Publisher has the right to destroy any materials submitted for publication in The Magazine in print and/or online, or any associated properties, after 12 months from their receipt.
13. The advertiser shall lose the right to any compensation for any deficiency of whatever nature in The Publisher’s service in respect of any edition unless the advertiser notifies The Publisher in writing within 30 days of publication of that edition, or date of upload onto website, setting out the deficiency. This clause applies retrospectively to all past editions and the advertiser explicitly accepts its retrospective effect.
14. The advertiser may incur additional charges where artwork supplied requires changes, amendments or alterations for publication in The Magazine in print and/ or online.
15. Advertising agency commission is 10%, for accounts settled within 30 days of invoice date. There will be no variation in this clause.
16. The Terms & Conditions above shall form the entire contract between the parties, and other terms shall only be imported if submitted in writing and agreed by the parties, such agreement to be evidenced, on behalf of The Publisher, by the signature of a competent director.