Cookies, Privacy Policy and Terms & Conditions

PRIVACY POLICY 

This is the privacy notice of Ground Transport Group Ltd.  This company is registered in England and Wales, Company No: 03079368.  Registered Address: 107 Hindes Road, Harrow, Middlesex HA1 1RU. Our contact email is: [email protected]

This policy explains how Ground Transport Group Ltd (“the company”, “we”, “us”) uses any personal information which it collects about you (“client/s”) when you use our website(s)s.

We are committed to protecting your privacy. Authorised employees within the Company on a need-to-know basis only use any information collected from individual Clients.

We constantly review our systems and data to ensure security and to provide the best possible service to our Clients.  Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Where do we collect information about you?

Most of the personal information we collect and process is provided to us directly by you for the following reasons: 

• Filling in forms on our sites: www.groundtransportgroup.com (“our site(s)”)
• Placing orders for any of the Company’s media, digital marketing and website services 
• Subscribing to our services
• Community and reader signup(s)
• Quotation(s)
• Event registration(s)
• Competition(s)
• Client surveys 
• Legitimate business purposes
• Contact us with any enquiry
• Requesting further services online and offline

What information do we collect about you? 

Personal identifiers, contacts, and characteristics (example, name, phone number, address, contact details).  Website usage information including traffic data, location data, weblogs, your domain name and your email address and other communication data is collected using our Cookie Policy 

How we use the information you have given us

We use your personal data collected from our website’s usage to track activities on our website and ensure that content from our site is tailored in the most effective way for you and for your computer.  We will keep your personal data for a maximum period of 7 years from the time you last contacted us.

We process your personal data to:

• Email you about marketing initiatives or marketing material(s) via the Company relating to products and/or services that we provide 
• Provide you with a quotation(s) for business products and/or services we provide
• Process and fulfil your order or deliver the services you signed up for
• Manage your account
• Registered you to attend an event(s) that we are hosting
• Register you to our community to provide you with industry news and updates 
• Notify you about any changes to our service  
• To be entered into promotional competition(s) 
• To be contacted via our organisation for legitimate business purposes

We may share information with   

We may share your information with Ground Transport Group, organisations and companies.  We may disclose your personal information to third parties as follows:

• to our contractors or suppliers helping us to deliver our services to you.
• to our exhibitors at any Company event where you have provided your personal information and consent to share.  
• to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements or to protect our rights, property, or safety of our visitors, our clients or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Under the UK General Data Protection Regulation (UK GDPR), the lawful bases we rely on for processing this information are:

1. a)  Your consent. You can remove your consent at any time. You can do this by emailing: [email protected]
2. b)  We have a contractual obligation.
   c)  We need it to perform a public task.
   d)  We have a legitimate interest.

How we store your personal information 

Your information is securely stored.  We keep personal and/or business contact details on a long-term basis unless consent is withdrawn.  We will then delete your information (if applicable) by permanently opting out of mailing lists and/or permanently deleting if requested in writing.   

Your data protection rights

Under data protection law, you have rights including:

• Your right of access – You have the right to ask us for copies of your personal information.
• Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Your right to object to processing – You have the right to object to the processing of your personal information in certain circumstances. 
• Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.   Please contact us at:  [email protected] if you wish to make a request.

How to Complain – If you have any concerns about our use of your personal information, you can make a complaint to us at: [email protected]

You can also complain to the ICO if you are unhappy with how we have used your data.  The ICO’s contact details:

Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF

Helpline Number: 0303 123 1113

ICO Website:  https://www.ico.org.uk

Changes to our Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. This Privacy Policy was last updated on 1 Feb 2023.

Other Websites

Our site may contain links to and from the websites of our partner networks, exhibitors, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Contact

Questions, comments and requests regarding this privacy policy are welcome and should be addressed to: [email protected] or sent by post to our address: 107 Hindes Road, Harrow, Middlesex HA1 1RU.

COOKIE POLICY 

What Are Cookies 

It is common practice with almost all professional websites including this site to use cookies.  Cookies are small text files that are downloaded to your computer, smart device or smartphone when the user accesses a website.  It allows the website to recognise that user’s device and store some information about the user’s preferences or past actions. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. 

We will also share how you can prevent these cookies from being stored however this may ‘downgrade’, ‘break’ or ‘disconnect’ certain elements of the site’s functionality and your experience.

For more general information on cookies please visit the ICO Website:  https://www.ico.org.uk

How We Use Cookies

We use cookies for a variety of reasons as detailed below.  Unfortunately, in most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser help for how to do this).  Please be aware that disabling cookies will affect the functionality of this and many other websites that you visit.  Disabling cookies will usually result in also disabling certain functionality and features of the site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

Email newsletter-related cookies. This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

• Forms-related cookies. When you submit data through a form such as those found on contact pages, registration forms, or comment forms cookies may be set to remember your user details for future correspondence.

Third-Party Cookies

In some special cases, we also use cookies provided by trusted third parties. The following section details which third-party cookies you might encounter through this site.

• This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web to help us understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.
• Third-party analytics are used to track and measure the usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
• From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience on the site whilst ensuring we understand which optimisations our users appreciate the most.
• As we sell products and services it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our digital marketing services including advertising and costs to ensure the best possible price.
• We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways.  For these to work the following social media sites including but not limited to; LinkedIn, Twitter, Facebook, Instagram, YouTube and Spotify will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

We trust the above has been of help and clarified information for you.  As previously mentioned if there is anything that you are unsure about and whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

However, if you are still looking for more information please contact us via email: [email protected] 

Disclaimer

The Company operates as an intermediary platform connecting transportation businesses and professionals with fleets and professional drivers.   By using our platform and engaging with the products and services offered herein, You acknowledge and agree to the following:

Third-Party Services:  We facilitate connections between transportation fleets and professional drivers seeking to purchase transportation products and services provided by third-party service providers. We do not directly provide transportation products or services but act solely as a platform to connect parties. 

Service providers:  Service providers and businesses engage through our platform and operate as independent contractors. We do not control or supervise their operations, schedules, or methods of service delivery.

While we strive to verify the legitimacy of companies listed on our site, it is the responsibility of businesses to verify the credentials, licences and qualifications of the product and service provided before engaging and transacting their services.  

Accuracy of Information: While we strive to maintain accurate and up-to-date information on our platform, we do not guarantee the accuracy, completeness, or reliability of the information provided by service providers. 

Limitation of Liability:  the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of our platform or the services provided by service providers, including but not limited to, loss of profits, loss of data, or business interruption.

Terms & Conditions – Products & Services

This agreement sets out the terms on which the Client purchases and uses the Products and ‘Services’ (as defined below) provided by Ground Transport Group Ltd. 

Ground Transport Group may also enter into agreements with third-party affiliates, including sponsors, partners, and event participants which may include communications, or third-party offers on the Company’s website, where specific terms and conditions may apply in addition and/or in conjunction with the terms and conditions herein.  Please read these Terms carefully as they contain important information. 

1.     Definitions and Interpretation

1.1  In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings. Less frequently used terms are defined within the body of these Terms and Conditions:

“The Company”  “Us”, “We” means Ground Transport Group Ltd.  Registered in England and Wales.  Company No. 03079368.  Registered address: 107 Hindes Road, Harrow, Middlesex HA1 1RU (or their successors or assigns) as the case may be;

“Client” “You“, “Your(s)” means the person, firm, company or organisation that purchases and/or uses the products and services provided by the Company to; advertise, and promote its company’s, products and/or services on the Company’s website.  The Company and the Client, collectively the ‘Parties’;

“Advertisement” means any advertising copy or images and other materials supplied by You or on Your behalf, intended for publishing or posting online, including all ad banners or product advertisements, in the format required by the Company;

“Advertising Space” means the space provided for the Advertisement on the Company’s website; 

“Confidential Information” means any information, disclosed by a party to the other party, which is designated as confidential, commercially sensitive, or confidential in nature;

“Content” means any or all marketing materials, creative assets, and information submitted to the Company by You for use in connection with Your Purchase of products and services, including Your logo and other creative materials, copy and information required by the Company;  

“Copy Deadline” means the date and/or time by which the Content and/or Copy is required by the Company and must be submitted by You to the Company;

“Community” means You, Visitors, and Users, including but not limited to business professionals, companies and organisations, who subscribe and register on the Company’s website;

“Community Subscription” – means the Community that has subscribed to the Company’s website and provided personal and professional data and consent to the Company to access, use and interact on the Company’s website and where information may be shared with third parties (please see Ground Transport Privacy Policy)

“Code” means any user name, password, dedicated URL link or other identifier provided by the Company to submit Advertisements or creative content, for access to a separate area of the Company’s website that may provide additional functionality; 

“Coupon Code” means, a promotion or discount code provided to You by the Company for a specific promotion or discounted offer by the Company;

“Products and Services” means products and services listed on the Company’s website including; but not limited to; 

1. Advertising 
2. Trade Directory 
3. Marketplace 
4. Recruitment 
5. Event Promotion 
6. News & Media Contributor – News features and articles, press releases, blog content, videos, interviews and podcasts;

“Digital Publication” means a website, news feed, e-newsletter, blog, podcast or any other non-print publication issued by the Company;

“Invoice” means a formal document provided by email or electronically on the Company’s website to You detailing the Products and Services provided by the Company, as per the Purchase Order, including prices and payment terms in accordance with Clause 5;

“Purchase Order” means a document provided by email or electronically on the Company’s website submitted by You for the purchase of Products and Services provided by the Company in accordance with Clause 2.2;

“Order Confirmation” means a document provided by the Company to You by email or electronically as receipt and acceptance of the Purchase Order submitted by You for products and services.

“Order” means the Purchase Order, submitted by You to the Company, and the Order Confirmation provided by the Company, as receipt or acceptance of the Purchase Order, whether electronically or by email, together referred to as the ‘Order’ (as defined in CLAUSE 2.3);

“Order Term” means the period of time that the Products and Services are ordered for as submitted by You in the Purchase Order. 

“Live Date” means the date on which Products and Services are made available on the Company’s website;

“Terms” means these terms and conditions;

“VAT” means value-added tax chargeable under English law; 

“Website” means a website owned or managed by the Company.

1.2  In these Terms, unless the context clearly indicates another intention:

(a) headings are included for convenience only and references to clauses shall be to clauses of these Terms;

(b) references to persons include individuals, unincorporated bodies, government entities, companies and corporations; and

(c) the words “include”, “including”, and “such as” are to be construed as if they were immediately followed by the words “without limitation”.

(f) It is Your sole responsibility to maintain the confidentiality of Your password and all activity that occurs under or in connection with Your name. 

(g) The Company reserves the right to ban You from the website and prevent You from subscribing to or registering for products and services at the Company’s sole discretion and without notification or explanation.

2.   Basis of the Contract

2.1  By submitting a Purchase Order You agree to be bound by these Terms to the exclusion of all other terms. If You do not agree to be bound by these Terms, the Company will be unable to accept the Purchase Order.

2.2  The Purchase Order shall be made, completed and or signed by You or on Your behalf and submitted to the Company either by email to the Company or electronically on the Company’s website, as the Company in its discretion accepts.  

2.3  The Purchase Order is confirmation of Your purchase of Products and Services and a binding contract between You and the Company that will be formed when the Company sends You by email or electronically an Order Confirmation as receipt and in acceptance of the Purchase Order (whether or not it is received) using the contact details provided in the Purchase Order.

You should contact the Company if You have not received the Order Confirmation within three (3) working days of submitting Your Purchase Order.  The Company reserves the right in its sole discretion to refuse to accept a Your Purchase Order. 

Your Purchase Order and the Order Confirmation shall together (also be referred to as the Order) constitute a binding contract between You and the Company which shall be subject to these Terms and any rules and regulations issued from time to time by the Company.  

2.4  The person submitting the Purchase Order on Your behalf shall be deemed to have full authority to do so and You shall have no right to claim against the Company that such person or persons did not have such authority.

2.5  In no circumstance does the placing of any Purchase Order convey the right to renew on the same or similar terms.

3. Products and Services

3.1  Content provided by the Company is accessed on the Company’s website on the basis of user subscription and registration, where You have provided personal and professional information and consented to Your details being shared and access to these services is permitted on the basis that: 

(a) Your contact details and password are personal to You and not used by any third party. 

(b) You will not take any actions that make it possible for a third party who is not subscribed or registered on the Company’s website to have access to the Company’s digital marketing services. 

(e) You will not create additional accounts for the purpose of misusing or abusing the functionality of the website.

4.   Submission and Publishing of Advertisement or Content

4.1  You shall submit the Advertisement or Content to the Company by the Copy Deadline, in any format that conforms to the Company’s requirements as notified to You by the Company.  The Company reserves the right to charge for production work and any other additional work that it may be required to undertake on Your behalf.  The Company may in exceptional cases and at its own discretion accept Purchase Orders, Advertisements and Content after the Copy Deadline.  Such acceptance shall not impose any obligation whatsoever on the Company to accept any other Purchase Orders or Advertisement and Content after the Copy Deadline.

4.2  In the event of any Advertisement or Content not being received by the Copy Deadline, the Company reserves the right to repeat the copy last used.  In such event, the Company shall not be responsible for making any changes in that copy, unless these are confirmed in writing and in time for the changes to be made. The Company reserves the right to charge for any additional expense involved in such changes.

4.3  In the event of any Advertisement or Content not being received by the Copy Deadline and repeat copy not being used in accordance with CLAUSE 4.2 the Order Term shall not be extended and the Fee shall remain payable in full, unless otherwise agreed between the two parties.

4.4  You undertake to keep any Code provided to You strictly confidential and to notify the Company immediately in the event that any Code becomes known to a third party.

4.5  You are solely responsible for any liability arising out of the online publication of the Advertisement including an Advertisement or Content submitted using a Code without the Company’s knowledge or control or relating to any material to which Website users can link through to the Advertisement.

4.6  The Company shall be entitled to (or require You to) amend, edit, withdraw, or otherwise deal with any Advertisement or Content at its absolute discretion and without giving prior notice. Should withdrawal or suspension be due to Your action or default or Your agent including the unsuitability of the Advertisement, then You shall pay for the Advertising Space reserved for the Advertisement in full notwithstanding that the Advertisement has not appeared.

4.7  Except as otherwise specifically confirmed in writing by the Company, the positioning and placement of Advertisements in the Advertising Space shall be treated as requests only and cannot be guaranteed.

4.8  The Company reserves the right to increase product and service fees including advertising and Content fees as notified by the Company to You and amend any terms between the parties as to the online publication date or any other amendment to the Advertisement.

4.9  Your property, originals, artwork, type, digital files and proofs, positives etc. are held by the Company at the owner’s risk and should be insured by You against loss or damage from whatever cause. 

4.10  It is Your sole responsibility to approve the Advertisement or Content including providing all necessary consents, licences and releases and ensuring that the Advertisement or Content is in compliance with all applicable laws. You represent and warrant to the Company that the Advertisement or Content submitted by You to the Company for online publication and any link (including any linked website) is legal, truthful, honest and decent and otherwise complies with the relevant advertising and marketing standards, rules, regulations, codes of practice, legislation and all other applicable laws.

4.11  You represent and warrant that:

(a) You are the sole author and legal and beneficial owner of the Advertisement and Content;

(b) You hold the necessary rights, consents and licences required to use, amend, edit, adapt and publish the Advertisement by the Company for the purpose of these Terms; and

(c) the use, reproduction, publication, distribution or transmission of the Advertisement, including any exercise of the licence under CLAUSE 4.13 by the Company will not violate any applicable laws or any rights of any third parties, including, infringement of any copyright, patent, trade mark, trade secret, or other proprietary right, false advertising, unfair competition, defamation, obscenity, piracy, invasion of privacy or rights of celebrity, infringement of any discrimination law, securities law or regulation, or of any other right of any person or entity.

4.12  You hereby grant to the Company a worldwide, non-exclusive royalty-free right and licence to use, reproduce, publish, store, distribute and display the Advertisement and Content (including all contents, trademarks and brand features contained therein) in accordance with these Terms. No other rights in the Advertisement and Content are granted to the Company.

4.13  You shall defend, indemnify and hold harmless the Company from and against all costs, claims, demands, proceedings, liability, losses and expenses (including reasonable legal fees) whatsoever made against or incurred by the Company as a result of, related to or arising in connection with (i) a breach of these Terms by the You, and/or (ii) any acts or defaults by You, Your employees or agents in connection with these Terms and/or (iii) any claim brought against the Company that the Advertisement supplied by the You infringes, violates, or trespasses or constitutes the unauthorised use or misappropriation of any intellectual property of any third party.

4.15  The Company will not guarantee minimum impressions, views, likes, click-through rates (CTRs) or conversions for any Advertisement on any specific pages of the Company’s Website.

4.16  To the full extent permitted by law, the Company will not be liable for any loss or damage, whether direct or indirect, including consequential loss or any loss of profits or similar loss, in contract or tort or otherwise, relating to the Advertisement or any errors or omissions in the Advertisement or lack of access to or availability of a Website, systems or technological failures or failure of the Advertisement to appear in the Advertising Space from any cause whatsoever or any other failure which is beyond the control of the Company.  The Company will not be liable for any errors or omissions in the published Advertisement nor its failure to appear at a specified time or in any specific position. If the Company is liable to You for any reason, the Company’s total liability whether under these Terms or otherwise in relation to the Advertising Space is limited to the amount of the Fee received by the Company.

4.17  Nothing in these Terms shall exclude or restrict either party’s liability for death or personal injury resulting from the negligence of that party or its employees while acting in the course of their employment.

5.   Invoice and Payment
   

5.1  The Fee shall be payable by You to the Company in full and in cleared funds into the Company’s nominated bank account as specified by the date on the Purchase Confirmation or the Company’s invoice.

5.2  The Fee is stated exclusive of VAT, which will be due at the prescribed rate as of the date of the Purchase Confirmation and or the Company’s invoice.

5.3  In the event of late payment, the Company reserves the right to waive any discounts that may have been agreed upon and included in the Order Confirmation.

5.4  At the Company’s discretion, payments may be subject to a deduction for advertising agency commission at the rate agreed between You and the Agency.  Save for such commission there shall be no deductions or withholdings whatsoever.  All sums shall be paid together with any VAT applicable.

5.5  Debt recovery costs and interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due to the maximum extent permitted by The Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debt Regulations 2002 as amended, extended, consolidated or replaced from time to time or other similar laws that may be applicable.

6.   Cancellation

6.1  The Company may (at its sole discretion) change the date, suspend or cancel an Order at any time for any reason without incurring any liability to You.

6.2  Except as set out in CLAUSE 6.5, if You wish to cancel a Purchase Order You shall notify the Company in writing and You will be required to pay the Company, the Fee in full for the cancelled Purchase Order where notice of cancellation is received by the Company for any Advertisement or Content in on the Company’s website, less than sixty (60) days before the Live date on the Company’s website.

6.3  The Company shall be under no obligation to reimburse all or part of such charges, even in the event that the Company re-sells the cancelled Advertising space after such cancellation by You.

6.4  Except as set out in CLAUSE 6.5, if You terminate, cancel or fail to fulfil Your obligations under an Order Confirmation in which You and the Company have agreed a time period in which You shall Purchase an agreed number of Purchases at rates notified by the Company, You lose the right to a group or term, discount to which You may have been entitled.  In such event, You shall pay to the Company in respect of each Purchase Order such sum representing the difference between the rate agreed under the said Purchase Confirmation and the rate that is applicable for the number of advertisements actually placed for such a Purchase Order, such rate to be notified by the Company to You.

6.5  If You cancel a Purchase Order as a result of a change made by the Company pursuant to CLAUSE 4.6, You will not incur a cancellation fee.

7.   Termination

7.1  The Company shall have the right to terminate any Purchase Order by notice to the Client if the Client:

(a) fails to make any payment due to the Company by the due date and such failure continues for fifteen (15) days after the due date; or

(b) are in breach of these Terms or You fail to comply with any material obligations or warranties under any agreement between the parties to which these Terms apply and in either case You do not remedy the same (if capable of being remedied) within thirty (30) days of receipt of notice in writing from the Company specifying the breach or failure and calling for the same to be remedied; or

(c) compound or make arrangements with Your creditors or become insolvent or if any order is made or resolution passed for Your liquidation, winding up or dissolution or if a receiver or manager or administrative receiver or administrator is appointed over the whole or a substantial part of Your assets or of anything analogous to or having a substantially similar effect of any such events shall occur under the laws of any applicable jurisdiction; or

(d) are unable to perform any of Your obligations in circumstances set out in CLAUSE 10.1 below for a continuous period of not less than twenty-eight (28) days.

7.2  Termination in accordance with CLAUSE 6.1 shall be treated as a cancellation by You and You will be required to pay the cancellation sum specified in CLAUSE 6.2.

8.   Confidentiality

8.1  Each party will ensure that it:

(a)  keeps the Confidential Information confidential and does not disclose it to any third party; and

(b)  only uses Confidential Information in relation to the Order Confirmation unless otherwise permitted by these Terms.

8.2  The commitments in CLAUSE 8.1 above do not apply to any Confidential Information which was:

(a) publicly available before the Order Confirmation or subsequently becomes publicly available through no failure to comply with the Order Confirmation;

(b) already known to a party or is subsequently legitimately disclosed to a party by a third party without legal restriction; or

(c) developed independently by a party without the use of or reliance on the Confidential Information received under the Order.

8.3  A party may disclose the Confidential Information:

(a) to its Affiliates, agents, contractors and suppliers, provided that: (i) those third parties have entered into non-disclosure agreements no less onerous than as set out in these Terms, and (ii) the party disclosing Confidential Information to those third parties ensures and is liable for their compliance with these Terms; and

(b) where and to the extent required by applicable law, provided prompt written notice of that requirement is given to the original discloser (where such notice is lawful).

8.4  All Confidential Information disclosed by a party or its Affiliates remains the property of the discloser. Each party must return or, if clearly instructed by the other party, destroy that received Confidential Information remaining in its or its Affiliates’ possession or control, within thirty (30) days of a written request from the other party. Confidential Information may be retained to the limited extent required as part of securely-held confidential records to be used only to determine and/or comply with legal obligations (including secure electronic backups of these records, which may only be used to replace the permitted records if lost or corrupted).

9.   Data Protection and Privacy

9.1  Both parties will comply with all the obligations of applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended (“DP Legislation”) imposed on independent Data Controllers under the DP Legislation, including prompt notification of any potential or actual breach of these obligations. Both parties will always use appropriate technical and organisational measures to protect any of the other party’s Personal Data that is held as part of the Services against loss or unauthorised use or access. Capitalised terms used in this CLAUSE 9.1 have the meanings given in the DP Legislation in force at the time.

9.2  You understand and acknowledge that to the extent the data submitted by You in connection with the Purchase Order amounts to company information, as such company information will be processed in accordance with the requirements of applicable data protection laws and the Company’s privacy policy.  For further information, please refer to the Company’s privacy policy. 

10.   General

10.1  Neither party shall be liable to the other in respect of any non-performance of its obligations by reason of any act of God, civil war or strife, act of foreign enemy, invasion, war, satellite failure, legal enactment, governmental order or regulation, epidemic, pandemic, industrial action, trade dispute, lock-out, riot or any other cause beyond their respective control provided always that in any such event, the duration of the agreement between the parties shall be extended over which such event continues, but otherwise, such event will not affect any of Your obligations to purchase any number of advertising spaces agreed between the You and the Company.

10.2  If any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms and this shall not affect the enforceability of the remainder of these Terms nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

10.3  The terms of these Terms shall not be enforceable by a third party (as defined in the Contracts (Rights of Third Parties) Act 1999 (the “Act”)) under the provisions of the Act.

10.4  You may not assign or transfer any rights or obligations under these Terms to any third party without the Company’s prior written consent.

10.5  The Company may assign, transfer or novate these Terms and the rights and obligations under it to any other party at any time and shall inform You thereof in writing within a reasonable time thereafter.

10.6  Any notice or other information to be given by either party under these Terms shall be made to an email address supplied, by the Company or You (as applicable) for such purpose, and shall be deemed to have been communicated the next two (2) working days after, if sent by email.

10.7  No waiver or any breach of any of these Terms shall be deemed to be a waiver of any other breach and no waiver shall be effective unless in writing.

10.8  No term or provision in these Terms shall be varied or modified unless agreed in writing and signed by the parties.

10.9  These Terms together with any other document or addendum incorporating these Terms shall constitute the entire agreement and understanding between the parties in relation to its subject matter.

10.10  The parties acknowledge and agree that they have not relied on and shall have no right of action in respect of any representation, warranty or promise except as expressly provided in these Terms and for such representation, warranty or promises made fraudulently and all conditions, warranties or other terms implied by statute or common law are by these Terms excluded to the fullest extent permitted by law.

10.11  Each party shall comply with all applicable laws, codes and regulations relating to anti-bribery and anti-corruption.

10.12  These Terms and any agreement to which these Terms apply shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts, without regard to conflict of laws rules. For any dispute under this Agreement, any claim (including, but not limited to any claim for injunctive or monetary relief) will be brought only in English Courts, and neither You nor the Company will object to the exercise of personal jurisdiction by such court.