Online Licence Agreement
Independent News and Media Limited is part of Independent News & Media PLC, a company registered in the United Kingdom under number 1908967 and having its registered office at 39 Welbeck Street, London, W1G 8DRIntroduction
(A) IN&M owns and operates a jobs portal (RecruitNI) containing certain proprietary text, photographic and graphic content and has the right to license and promote the Site.
(B) The Customer is in the Recruitment business or has a HR requirement within its business and wishes to deliver information or subsets thereof pertaining to jobs and jobseekers via electronic delivery mechanisms for inclusion in the Site.
(C) IN&M agrees to display the information in the best possible way and provide access to the Customer for use in providing services to customers in accordance with the terms of this Agreement herein and to each party’s mutual benefit.It is agreed:
“Agreement” means the agreement between the Customer and IN&M for which these Terms apply.
“Customer” means the firm or company who uses the services provided
“Controller”, “Processor”, “Data Subject” and “Personal Data”, “Special Categories of Personal Data”, “Processing” and "appropriate technical and organisational measures" shall have the meanings given to them in the Data Protection Legislation.
“Data Protection Legislation” means (i) from 25 May 2018 the General Data Protection Regulation as enacted into English law (GDPR) as revised and superseded from time to time; (ii) Directive 2002/58/EC as updated by Directive 2009/136/EC; and (iii) any other laws and regulations relating to the processing of personal data and privacy which apply to a party and, if applicable, the guidance and codes of practice issued by the relevant data protection or supervisory authority.
“Fees” means the charges payable by the Customer to IN&M for the use of the Site.
“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Shared Personal Data” means the personal data and Special Category personal data to be shared between the parties under this Agreement and being the personal data and Special Category personal data which an individual submits to the Customer via the Site when apply for a position advertised on the Site.
1. Licence of Site
1.1 In consideration of payment of the Fees to IN&M, IN&M hereby grants to the Customer a non-exclusive licence:
(a) to post relevant and related information to the Site;
(b) to keep IN&M informed of any amendments or improvements that may serve all parties to provide a better service to our mutual benefit.
1.2 The Customer may not grant any sub-licences of the Site or allow or permit the use of this site directly or indirectly by any third party without the prior written consent of IN&M.
1.3 The rights granted to the Customer to reformat, edit and amend their content on the Site are limited to a right to undertake only such reformatting, editing and amending as may be necessary or appropriate to configure their information without destroying the integrity or meaning of the Site. The Customer may not reformat, edit, amend or otherwise post content that in any manner affects the literary copyright of IN&M.
1.4 IN&M reserves the right, at its absolute discretion, to remove any material or postings that are abusive, illegal, disruptive, and duplicative or that may create liability for IN&M or damage its reputation.
2. IN&M’s Rights and Obligations
2.1 IN&M shall:
2.1(a) provide the customer with a unique username and password so as to ensure the smooth operation and transfer of information between the parties;
2.1(b) use its best endeavours to ensure the Site is promoted and marketed in the best possible light. The Customer hereby grants IN&M a non-exclusive, royalty-free license to use its and / or its licensors logos, business names, marks and/or trademarks for this purpose.
2.1(c) use all reasonable endeavours to ensure that the Site is fully functional and free from technical errors at all times and to ensure that the Site is accurate, complete and error free;
2.1(d) IN&M may at any time remove, edit or refuse to publish, any content it deems to be; inappropriate; not in keeping with the spirit of this Agreement; not furthering the best interests of both parties; contravenes the Data Protection Legislation or any other legislative or regulatory laws in force.
2.1(e) promptly correct any errors or inaccuracies in the Site after it becomes aware of them (and provide such corrections to the Customer if necessitated).
2.2 IN&M shall give the Customer one month prior written notice of any change to the specification which would require the Customer to make substantial modifications to its equipment and software to post to the Site. If the Customer is unable, for bona fide reasons, to modify its equipment and software and use or resume using the Site, the Customer shall be entitled to terminate this Agreement on 30 days written notice to IN&M.
3. The Customer’s Rights and Obligations
3.1 The Customer shall:
a) provide free and unencumbered access to a feed of the appropriate content covered by this Agreement;
b) supervise and control the use of the Site by the Customer’s employees and Authorised Third Parties in accordance with the terms of this Agreement and the Terms and Conditions of the Site as set out therein;
c) use reasonable endeavours to ensure that the information, as included in the Customer feeds does not contain any errors or inaccuracies and is delivered in a timely manner.
d) Ensure that access is limited to its authorized personnel and accepts that it is fully responsible for all and any access by any persons whatsoever.
e) In any press disclosure, or publication of the service by the Customer display an attribution to IN&M and/or its licensors. IN&M hereby grants the Customer a non-exclusive, royalty-free license to use its and its licensors trade marks for this purpose.
4. Fees & Term
4.1 As set out in Schedule A.
4.2 All fees are non-refundable should the customer wish to cancel the Service or in the event that clause 2.1(d) is affected. Fees quoted are valid for one month only and only valid for the duration for the contract.
4.3 In the event that any of the fees due to IN&M are outstanding for a period in excess of 30 (thirty) days, IN&M reserves the right to suspend the service under this Agreement until such amount is discharged in full.
5. Intellectual Property Rights
5.1 IN&M will retain all right, title and interest in and to the Site worldwide (including, but not limited to, ownership of all copyright and other intellectual property rights). The Customer recognises IN&M’s and/or its licensors’ title to and Intellectual Property Rights in the Site and shall not claim any right, title or interest in the Site or any part of it save as it granted by this Agreement.
5.2 All copyright or other intellectual property rights in the Customer’s content, sent to the Site shall remain the property of the Customer.
5.3 IN&M shall be entitled to use the Customer’s trademarks or logos in the furthering of this Agreement to the mutual benefit of both parties.
5.4 The Customer shall not during or after the expiry or termination of this Agreement, without the prior written consent of IN&M use or adopt any trade mark, service mark, trade name, trading style or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name, trading style or commercial designation used or owned by IN&M. For the avoidance of doubt, all goodwill arising from or in connection with any trademarks, service marks, trade name or commercial designations of IN&M that form part of the Content shall accrue to IN&M.
6.1 Either party may terminate this Agreement immediately by giving written notice to the other in any of the following events:
(a) if the other party commits any breach of any of the terms and conditions of this Agreement and fails to remedy that breach (if capable of remedy) within 30 days after receiving notice from the other party giving full particulars of breach and requiring it to be remedied; or
(b) if the other party enters into liquidation whether compulsory or voluntary (except for the purposes of bona fide reconstruction or amalgamation with the prior approval of the other party), or compounds with or makes any arrangements with its creditors or makes a general assignment for the benefit of its creditors, or if it has a receiver, manager, administrative receiver or administrator appointed over the whole or substantially the whole of its undertaking or assets, or if it ceases or threatens to cease to carry on its business, or if it suffers any analogous process under any foreign law.
6.2 In the event of any termination or expiry of this Agreement:
(a) IN&M shall remove from the Site all content pertaining to the Customer as soon as reasonably practicable and in any event within 30 days of such termination;
(b) All licences granted under this Agreement shall cease.
7.1 Each party shall both during this Agreement and thereafter keep all Confidential Information of the other party strictly confidential;
7.2 Each party shall, both during this Agreement and thereafter, ensure that full and proper measures are taken to observe their respective obligations, duties and responsibilities under Data Protection Legislation as may be amended or changed from time to time.
7A Data Protection
7A.1 This Agreement sets out the framework for the sharing of Personal Data between the parties as Controllers. It defines the principles and procedures that the parties shall adhere to and the responsibilities the parties owe to each other.
7A.2 The parties agree to only process Shared Personal Data where a Data Subject wishes them to do so for the purposes of facilitating their application for a position advertised on the Site. The parties shall not process Shared Personal Data in a way that is incompatible with the purposes described in this clause (Agreed Purpose).
7A3. The Shared Personal Data will comprise whatever Personal Data or Special Category Personal Data the Data Subject applying for a position sees fit to upload to the Site as part of their CV. The Customer acknowledges that INM has no control over the content or accuracy of such information, this being a matter for determination by the Data Subject.
7A4. Each party shall ensure that it processes the Shared Personal Data fairly and lawfully in accordance with clause 7A during the term of this Agreement.
7A5. Each party shall ensure that it has legitimate grounds under the Data Protection Legislation for the processing of Shared Personal Data.
7A6. Each party shall, in respect of Shared Personal Data, ensure that it provides clear and sufficient information to the Data Subjects, in accordance with the Data Protection Legislation, of the purposes for which it will process their Personal Data, the legal basis for such purposes and such other information as is required by Articles 13 and 14 of the GDPR.
7A7. The Customer acknowledges that as Data Subjects upload their own Personal Data to the Site, INM cannot be responsible for its content or accuracy and INM is not and hereby disclaims all liability for use of and reliance on the Shared Personal Data by the Customer.
7A.8 The parties each agree to provide such assistance as is reasonably required to enable the other party to comply with requests from Data Subjects to exercise their rights under the Data Protection Legislation within the time limits imposed by the Data Protection Legislation.
7A.9 The Customer shall not retain or process Shared Personal Data for longer than is necessary to carry out the Agreed Purposes save that the Customer may continue to retain Shared Personal Data in accordance with any statutory or professional retention periods applicable to it.
7A.10 The Customer shall ensure that any Shared Personal Data are destroyed once processing of the Shared Personal Data is no longer necessary for the Agreed Purpose.
7A.11 For the purposes of this clause and clauses 7A.12 and 7A.13, transfers of Shared Personal Data shall mean any sharing of Shared Personal Data by the Customer with a third party, and shall include, but is not limited to subcontracting the processing of Shared Personal Data or granting a third party Controller access to the Shared Personal Data, as would be the case if the Customer is a recruitment agency which wants to share Shared Personal Data with a potential employer.
7A.12 If the Customer appoints a third party processor to process the Shared Personal Data it shall comply with Article 28 and Article 30 of the GDPR and shall remain liable to INM for the acts and/or omissions of the processor.
7A.13 The Customer may not transfer Shared Personal Data outside the EEA, whether for its own use or to a third party unless it complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller) and ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 of the GDPR; or (iii) one of the derogations for specific situations in Article 49 of the GDPR applies to the transfer.
7A.14 The Customer undertakes to have in place appropriate technical and organisational security measures to prevent unauthorised or unlawful processing of the Shared Personal Data and to prevent the accidental loss or destruction of, or damage to, the Shared Personal Data. The Customer also undertakes to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the Shared Personal Data to be protected.
7A.15 The Customer shall comply with its obligation to report a Personal Data Breach to the appropriate Supervisory Authority and (where applicable) Data Subjects under Article 33 of the GDPR and shall inform INM of any Personal Data Breach irrespective of whether there is a requirement to notify any Supervisory Authority or Data Subject(s).
7A.16 The parties agree to provide reasonable assistance as is necessary to each other to facilitate the handling of any Personal Data Breach in an expeditious and compliant manner.
7A.17 The Customer undertakes to in full and upon demand indemnify INM and to hold it harmless from any cost, charge, damages, penalty, fine, expense or loss which INM suffers or incurs as a result of the Customer’s breach of any of the provisions of this Agreement, or any failure by the Customer to comply with Data Protection Legislation.
8. Warranty and Indemnity
8.1 The Customer warrants that:
(a) it is entitled to enter into this Agreement which is a valid Agreement binding on it and enforceable in accordance with its terms, and that the entry into this Agreement by it will not constitute a breach of any agreement or arrangement to which it is already a party;
(b) it will use all reasonable skill and care in performing its obligations under this Agreement;
(c) all information supplied for publication on the web site is true and accurate and all relevant and necessary consents from third parties for the publication of any personal information and material, including photographic or similar such material.
8.2 IN&M warrants that:
(a) it is entitled to enter into this Agreement which is a valid Agreement binding on it and enforceable in accordance with its terms, and that the entry into this Agreement by it will not constitute a breach of any agreement or arrangement to which it is already a party;
(b) it will use all reasonable skill and care in performing its obligations under this Agreement;
9. Limitation of Liability/Indemnity
9.1 IN&M shall endeavour to ensure that the Site is available to users at all times but shall have no liability of any sort, in the event of any inaccessibility to the Site.
9.2 Neither party seeks to limit its liability for death or personal injury resulting from its own negligence.
9.3 The customer hereby indemnifies IN&M and its agents, servants, affiliates, associates and employees free from any loss, damage or liability including but not limited to any costs incurred by IN&M which may arise from the publication or placement of any information on the web site.
9.4 Except as set out in Clauses 9.1, 9.2 and 9.3 (to which this Clause shall not apply) the total liability of either party in respect of any breach of its obligations under this Agreement or any representation, statement, negligent act or omission arising under or in connection with this Agreement will be limited in total to the greater of £70,000 or the Fees paid by the Customer to IN&M in the previous 12 months.
Any notice given under this Agreement shall be in writing and may be delivered to the other party or sent by pre-paid post to the address of that party specified in this Agreement or such other address as may be notified under this Agreement by that party from time to time for this purpose and any such notice should be marked for the attention of the respective Relationship Manager (with a copy sent to the Finance Director, Independent News and Media (NI), 124 Royal Avenue, Belfast BT1 1EB).
11. Force Majeure
A party will not be liable for any failure/delay in performing its obligations under this Agreement to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party and that failure could not have been prevented or overcome by that party acting reasonably and prudently. If by reason of force majeure a party is unable to perform all or any part of its obligations under this Agreement for a continuous period of 4 weeks, the other party may terminate this Agreement immediately by written notice.
Neither party may assign, sub-contract or delegate any or all of its rights or obligations under this Agreement without the consent of the other party, which consent shall not be unreasonably withheld, except that either party may transfer its rights and obligations to any single Affiliate or to a successor in interest of substantially all of its business.
13.1 This Agreement represents the entire terms agreed between the parties in relation to its subject matter and supersedes all previous contracts or arrangements between the parties relating to its subject matter. Any variation to this Agreement must be agreed in writing by the parties.
13.2 Nothing in this Agreement will be deemed to create a partnership or joint venture between the parties.
13.3 No failure or delay by any party in exercising its rights under this Agreement will operate as a waiver of that right nor will any single or partial exercise by either party preclude any further exercise of any other right.
13.4 If any provision of this Agreement is found to be illegal, void or unenforceable by any court having competent jurisdiction, such invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement.
14. Law and Jurisdiction
14.1 Each party agrees to respond promptly to any issues referred to it by the other party relating to this Agreement and shall seek to resolve any disputes arising through its Account Manager as quickly and effectively as possible.
14.2 If the parties cannot satisfactorily resolve any dispute within 14 days of referral to the Account Managers then that dispute shall be escalated to the Finance Director, (or equivalent) of both parties. If the parties cannot satisfactorily resolve any dispute within 14 days of referral to the Finance Directors then either party may seek its legal remedies.
14.3 This clause shall not restrict either party from seeking immediate legal or equitable relief for any infringement of its intellectual property rights.
14.4 This Agreement shall be governed by and construed in accordance with Northern Ireland law and the parties submit to the exclusive jurisdiction of the Northern Ireland courts
Code of Conduct
CODE OF CONDUCT FOR ONLINE JOB-BOARD ADVERTISING
This Code of Conduct has been agreed between the Department for Employment and Learning, RecruitNI.com, NIjobfinder.co.uk, and NIJobs.com. Following discussions with various stakeholders, this version of the Code now updates and replaces the 2010 version, in order to reflect issues raised; in particular, the posting of jobs which are not currently available.
The purpose of this Code of Conduct is to ensure that all advertisements placed by Northern Ireland-based employment agencies and employment businesses on online job-boards that have signed up to the Code, comply with legal requirements and do not mislead work-seekers or misrepresent hirers.
Employment agencies and employment businesses which register and/or advertise on online job-boards must, to the satisfaction of the Department for Employment and Learning, comply with all provisions of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981, and the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 (“the Conduct Regulations”). Information and clarification on this legislation can be obtained from the Department for Employment and Learning.
Employment agencies and employment businesses which advertise on online job-boards must ensure that:
1) they have the full authority of the hirer to advertise each and every vacancy placed on the website; every advertisement accurately records the details of the vacancy in question (where rates of pay are mentioned, then the nature of the work, location, experience and qualifications required etc to receive those rates of pay should be stated); and that every advertisement complies with the rest of regulation 27 of the Conduct Regulations. The onus will be on the employment agency or employment business concerned to provide evidence that they have the authority of the hirer for each and every vacancy advertised;
2) each and every vacancy advertised on the website is genuine and does exist.
3) only current vacancies are placed on the job boards; and
4) once a vacancy has been filled, any advertisement relating to that vacancy must be removed within one week;
5) advertisements should be posted once and for the duration of the vacancy and should not be deleted and re-posted on multiple occasions. If changes to job descriptions/terms and conditions are required, the vacancy should be amended, rather than deleted, amended and re-posted.
Only one advertisement per vacancy per employment agency or employment business may be submitted to the website. It is preferable that an advertisement for a vacancy is listed under one job category on the website. An employment agency or employment business may, however, advertise a vacancy in up to three categories, where this is necessary to assist work-seekers. Where an employment agency or employment business chooses to advertise a vacancy under additional job categories on the website, these categories must be relevant to the vacancy. It must be clear to the reader that the advertisement relates to the same vacancy. For example, this may be achieved by use of a unique reference number for each vacancy, or by the employment agency or employment business using a form of words in the body of an advertisement that the vacancy is listed under more than one job category and listing those categories.
Advertisements which do not relate to a vacancy (for example, speculative advertisements which publicise an employment agency) are not permitted to be listed on the vacancies section of a website. Any such advertisement will be removed.
Advertisements which do not comply with relevant legislation or the provisions of this Code of Conduct are not permitted and will be removed.
MONITORING AND ENFORCEMENT
RecruitNI, NIjobfinder.co.uk , and NIJobs.com have changed the terms and conditions of use of their websites to state that all employment agencies and employment businesses advertising on those websites must comply with this Code of Conduct.
If an online job-board suspects, or receives information, that an employment agency or employment business is in breach of relevant legislation or this Code of Conduct, the job-board will investigate as far as is reasonably practical. Where a breach of either the relevant legislation or this Code of Conduct is confirmed, then the job-board will remove these positions and may, without prejudice, suspend the employment agency or employment business account for a period of 3 months, or upon a repeat offence terminate the advertiser’s contract. Where the job-board is unable to satisfactorily conclude whether there is a breach, then a formal complaint will be referred to the Department for Employment and Learning. The Department has powers to enter and inspect any Northern Ireland-based employment agency or employment business and to prosecute and/or apply to an Industrial Tribunal to prohibit any non-complaint employment agency or employment business.
The Department for Employment and Learning, RecruitNI, NIjobfinder.co.uk, and NIJobs.com will, where appropriate, regularly share information to assist in the administration and enforcement of this Code of Conduct.
The operation of this Code of Conduct will be reviewed by the Department for Employment and Learning, RecruitNI, NIjobfinder.co.uk, and NIjobs.com within twelve months of the date of issue.
For further details on employment agency regulation or information on this Code of Conduct please contact:
Employment Relations Policy and Legislation Branch
Department for Employment and Learning
39-49 Adelaide Street
Telephone: 028 9025 7554
Fax: 028 9025 7555
By accessing (which includes browsing and any use, by the employment of any device or by any means), www.belfasttelegraph.co.uk or its associated websites (including but not limited to www.recruitni.com, www.nijobfinder.co.uk, all of which sites are known collectively and/or individually in these Terms as the "Website") you are agreeing to be legally bound by these terms as modified from time to time ("Terms").
The Website is owned and operated by Independent News and Media (Northern Ireland) Limited (in these Terms "INM (NI)" means Independent News and Media (Northern Ireland) Limited and its holding and associated companies). INM (NI) reserves the right to suspend or terminate your access to the Website at any time, with or without notice or explanation.2. Rights
All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form ("Content") belong to INM (NI) or its licensors. All rights are hereby reserved.3. Use of Content
The Website and the Content may only be used for your personal, non-commercial use.
For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form on disc, but not on any server or any other storage device connected to a network where the Content could be accessed by other users.
Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of INM (NI). You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person. You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove any such notice or restriction, or alter the Content in any way.4. Licence to reproduce Content
If you wish to re-publish, re-distribute or exploit the Content in any way you should address a request for permission to the Belfast Telegraph Digital Department at e-mail: firstname.lastname@example.org; telephone: +44 (0)28 90264048. INM (NI) cannot guarantee that any such permission would be forthcoming or on what terms.5. Links from other sites
Third parties are permitted to link to stories within INM (NI) websites, using the URL and quoting the headline and the source website. Content must not be reproduced on a third party site without express authorization from us. A third party must ensure that nothing on its own web site suggests or could be understood to imply that any part of the Website is part of its own web site unless the third party has obtained the prior written approval of INM (NI).
INM reserves the right to withdraw any permission without explanation or notice if in its sole judgment use of such links is excessive or inappropriate. INM (NI) also reserves the right to change the location and nature of files within the Website without explanation or notice; it is the responsibility of the third party to check and update links.
Third parties must not deep-link to, or frame or use other techniques to enclose any part of the Website.
6. Trademarks and Intellectual Property
Belfast Telegraph, Sunday Life, RecruitNI and NIjobfinder are Registered Trademarks of INM (NI) or otherwise part of its intellectual property. You may not use these marks without the prior written permission of INM (NI).7. Limitation of liability and indemnity
INM (NI) obtains the Content from a wide range of sources and the Content includes facts, views, opinions and information which may be of interest to users of the Website.
While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and to the extent permitted by law INM (NI) excludes all liability.
The Content should only be used for your general information and use and not by way of specific recommendation or advice.
Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on medical, investment, tax, financial, legal and other professional matters.
INM (NI) does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination, or that the Website is compatible with any computer systems, software and browsers.
All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
INM (NI) is not regulated by the Financial Services Authority and the Content has not been approved under the Financial Services and Markets Act 2000. Appropriate expert advice should be obtained before making any investment or other decisions.
Advertising or promotional material submitted by third party advertisers, sponsors or promoters is viewable on the Website. The advertisers are solely responsible for that material, including ensuring that it complies with all applicable legislation and regulations. INM (NI) is not responsible for such material.
INM (NI) shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of INM (NI).
INM (NI) excludes liability to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content or to any breach of the terms by INM (NI), even if INM (NI) has been advised of the possibility of such damages and even in the event of fault or strict liability.
You agree that, subject to the forgoing terms of this Term 7, your exclusive remedy and only recovery for any damage you incur, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the Website or Content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content in total during the month in which the damage first incurred.
You agree to indemnify INM (NI) against all costs, claims, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach of the Terms by you and any negligence or breach of duty by you.8. Links to third party sites
This Website contains links to other web sites operated by parties who are wholly separate from INM (NI). Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party's website URLs, or are otherwise indicated as such by INM (NI). Such links are provided for your convenience and reference only and you access them at your own risk. INM (NI) cannot be held responsible in any way for the content, operation or availability of such websites.9. Co-branded sites
Further to the terms of Term 9, all gambling, betting and associated services available on the Website or which are accessible from it are provided and operated by third party operators whose identity and details including contact details are given on the relevant webpages. INM (NI) does not operate, nor is it responsible in any way, for these services and all liability is hereby excluded. Customers contract direct with such third parties and should note the disclaimer on such pages and the relevant terms and conditions of use.11. Competitions, prize draws and promotions
INM (NI) may on occasion run competitions or prize draws either on its own behalf, for other parties or in conjunction with commercial partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition.12. Submission of content to the Website
If you submit any material to this Website (including without limitation any text, graphics, pictures, video or audio) you agree thereby to grant INM (NI) a non-exclusive, perpetual, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content.
If you do not wish to grant such rights to INM (NI), you should not submit a contribution to the Website.
By submitting your contribution to the Website, you warrant that such contribution is your own original work and that you have the right to make it available to INM (NI) for all the purposes specified above, that it is not defamatory or obscene, and does not infringe any law or regulatory provision or any person's rights in any jurisdiction.
You accept that breach by you of these warranties may cause loss or damage to INM and you indemnify INM (NI) against all legal fees, damages and other expenses that may be incurred by INM (NI) as a result of your breach of the above warranty. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.
INM (NI) accepts no liability for any content submitted by third parties. Users of the Website accept that we may not pre-screen the content submitted by users, and we reserve the right to remove at any time and without giving reasons or notice any material you or other users have supplied. INM (NI) reserves the right to monitor any communications you make on the Website and by submitting any material or making any such communication you thereby consent to such monitoring.13. Changes to these Terms
By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of the United Kingdom. You also accept the exclusive jurisdiction of the UK Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.Company Information
Independent News and Media Limited is part of Independent News & Media PLC, a company registered in the United Kingdom under number 1908967 and having its registered office at 39 Welbeck Street, London, W1G 8DR