Website terms and conditions
ATTENTION: These terms and conditions apply to the entire contents of the Website, as defined below and to any correspondence by e-mail or webmail between us and you. Please read these terms and conditions carefully before using the Website. Using the Website indicates that you accept these terms and conditions regardless of whether or not you are registered with us. If you do not accept these terms and conditions, do not use the Website.
In these terms and conditions:
“the Company” means Annandale Observer Limited, a company registered in Scotland with Company Number SC062879, and having its registered office at 96-98 High Street, Annan, DG12 6EJ, trading as DNG Media and “we”, “us” and “our” shall refer to the Company;
“Paywall” means a software barrier on the Website which restricts your access to certain functionality unless you have registered with the Website and paid a fee and/or pay a recurring fee;
“Service” means any of the services provided by the Company through the medium of the Website, including but not limited to: (a) provision of news stories and other information; (b) display web advertising, various goods and services, advertising of cars, properties; (c) advertising job vacancies; (d) provision of comment or discussion forums; and (e) provision of competitions;
“Titles” means the Annandale Herald, Annandale Observer, Dumfries Courier, Moffat News and any other periodical publication, information service, website (www.dngonline.co.uk, www.annandaleobserver.co.uk, www.dumfriescourier.co.uk, www.annandaleherald.co.uk, www.moffatnews.co.uk, www.DnG24.co.uk) or newspaper published from time to time by the Company in whatever form whether physical or electronic;
“Website” means any and all of the following websites published by the Company and located on the world wide web via the uniform resource locators:-www.dngonline.co.uk, www.annandaleobserver.co.uk, www.dumfriescourier.co.uk, www.annandaleherald.co.uk, www.moffatnews.co.uk, www.DnG24.co.uk and any other website of the Company;
“Website Information” means any data, images, videos, text or other material displayed on the Website; and
“you” means any person who has viewed, downloaded, used or otherwise accessed the Website and/or Website Information and includes (but is not limited to) any person who has been granted access to a special area or paid to remove the Paywall, and “your” shall refer to you.
The Website is operated and maintained by the Company. The Company may be contacted at:
Postal address: DNG Media, 96/98 High Street, Annan, DG12 6EJ
Telephone: 01461 202417
Fax: 01461 206173
The Privacy Officer of the Company can be contacted by email at: firstname.lastname@example.org
These are the terms and conditions for the use of the Website and Titles. By viewing, downloading, using or otherwise accessing any part of the Website and/or Website Information (whether behind the Paywall or not) or by registering to use a Service, you are deemed to have accepted these terms and conditions in full without modification or amendment. These terms and conditions will form a legally binding contract between you and us. If you do not accept these terms and conditions in full without modification or amendment, you must leave the Website immediately and you may not make use of any of the Website Information or Services we provide through it.
We reserve the discretion to amend these terms and conditions from time to time, in each case with effect from the date on which the amendment is posted on the Website. You should check the Website from time to time to review the then-current terms and conditions. If you continue to use the Website, you will be deemed to have accepted the changes to the terms and conditions. Some of these terms and conditions may be augmented by expressly designated legal notices or terms posted by us on the Website.
You agree that we shall at all times have the discretion to decide whether or not to grant you access to the Website or any particular Service. We reserve the right from time to time to alter or limit the categories of Website Information which you may access and view using the Website or any particular Service. You agree that we may in our discretion alter, modify, add to or delete any Website Information and/or website functionality from time to time, without having to give you prior notice.
You warrant to us that when using the Website you will:-
You agree that we shall be entitled to make all reasonable enquiries to verify your identity prior to accepting your application to use any particular Service. If we are not happy with the information you provide, or if you do not provide all the information we ask for, we reserve the right not to grant you the right to use that particular Service. If we accept your application to use a Service, we may at our discretion assign to you a user name and password for use to use that Service. Normally you will be able to select your own user name and password but we reserve the right to change these by giving you notice by email to that effect. You agree to keep any such user name and password secret and not to disclose or give it to any other person unless with our express prior consent. You agree to indemnify us for any loss, injury, damage costs or expenses arising directly or indirectly from any disclosure by you or unauthorised use of your user name and password.
If you post a comment or upload media (text, videos or photographs) on the Website or submit a comment to one of the Titles, of any nature whatsoever:-
The Website Information, images, videos, graphics, text, software, applets and scripts appearing or operating on the Website and Titles are either owned by the Company, or used by us with the permission of their respective owners or as permitted by law, with the exception of content posted by users of the Website for which the Company gives no warranty or assurance. Where practicable, we acknowledge the owners of all trade marks which are referred to in the Website. Reference to a trade mark owned by a third party does not constitute any claim by us to own that trade mark or that we have rights in it.
You may view, print and download our Website Information in a web browser for your own personal use only. Copying Website Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted, as is caching of the Website by an information service provider in the normal course of its business to the extent permitted by the Electronic Commerce (EC Directive) Regulations 2002. You may not publish, make a copy of, incorporate into any other web site, or electronic information storage or retrieval system or reproduce the Website Information or any part of it for any purpose other than your own personal use without prior written consent, which may be granted at our discretion. Where we do not own the copyright or other intellectual property rights in the Website Information, you must approach the owner(s) for such consent. Nothing in these terms and conditions or on the Website constitutes a licence to use or copy the Website Information except as expressly provided for in these terms and conditions.
You may not use any material, electronic method or any type of process which collects, disseminates, removes or scrapes information or material from the Website for commercial purposes including without limitation screen aggregators, robots, spiders and scrapers or any other automated means. If you breach any of the terms in these terms and conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
Any rights not expressly granted in these terms and conditions are reserved to the Company.
In the event you obtain access to details of another user of the Website, you may only use such information in accordance with all prevailing data protection and privacy laws. Such information must not be used for spam or unsolicited commercial communications.
You are prohibited from posting or transmitting to or from the Website any comments, text, graphics, video or any other material or data of any nature whatsoever:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful or causes the Website to be technically interrupted or rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data, robots, spiders, scrapers or other automated means to access the Website without the Company’s express written permission);
and we shall be entitled to remove and/or delete any material which we reasonably believe to have any of the foregoing characteristics.
You and we agree that we will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Act 2018 and the General Data Protection Regulation (“GDPR”).
You consent to us appointing Mailchimp and Pagesuite as third-party processors of personal data under these terms and conditions. We confirm that we have entered or (as the case may be) will enter with the third-party processors into a written agreement substantially on that third party’s standard terms of business,
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed these third party websites and does not control and is not responsible for these third party websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
We expressly reserve the right to revoke at any time any permission granted to link to the Website, and to take any consequent action we deem appropriate. You agree to indemnify us for any loss, injury, damage, costs or expenses arising directly or indirectly from your failure to adhere strictly to the terms of any permission granted to link to the Website.
The Website Information and the Services are provided “as is” and we make no representation, endorsement or warranty as to their respective accuracy, completeness or fitness for any particular purpose. We will not be liable for any action taken (or not taken) in reliance upon the Website Information and such action is taken entirely at your own risk. We reserve the right to make changes to the Website Information and Services to correct any errors or omissions (or for other reasons at our discretion) without notice and without liability to you.
We do not guarantee the accuracy of any product image on screen as each screen calibration is different. Some details may vary to the description on the image and we reserve the right to change or remove items without notice.
Opinions expressed within the Website Information are those of the authors and do not necessarily represent our opinions. In the unlikely event that you find any inaccurate information on our Website or have any complaint about what we have published please e-mail email@example.com
In order to use, access and view certain functionality and/or content of the Website you will be require to pay a fee and/or pay recurring fees to remove the Paywall.
We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges and remove the Paywall. Thus, if at any time we require a fee for portions of the Services we will give you advance notice of such fees. You may cease paying the fees at any time but the Paywall will be reintroduced immediately after the end of the period for which you have paid up to.
All new fees, if any, will be posted prominently on the Website and in other appropriate locations on the Services. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider.
All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
You must be 18 years or older to pay to remove the Paywall.
You are responsible for all usage or activity on your Website account, including use of the account by any third party authorised by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. You shall notify firstname.lastname@example.org of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information.
The Services and any downloadable software are distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the Services is at your sole risk.
We have no control over the Internet, which is a global public network of computers and the method by which you access the Website. As a consequence we take no responsibility for Service interruption or the transmission of viruses or other malicious computer code through the Website.
We will require to carry out routine maintenance on our servers and equipment. While we seek to keep disruption to a minimum, we do not guarantee that the Services or any part of the Website will be available for access at any particular time or times. Access to the Website or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with your use of our website or our provision of the Services to you. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you and if this is the case then to the fullest extent permitted by law, we exclude all liability to you in contract, delict or negligence (other than negligence by us which gives rise to personal injury or death) arising out of or in connection with your use of our website or our provision of the Services to you.
We also exclude liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunications services through which you might access the Website or for faults in or failures of their networks and equipment.
By using the Website and/or Website Information, you undertake to fully indemnify us (and keep us fully indemnified) in respect of all liabilities, losses, costs, damages, expenses or other claims suffered or incurred by us which arise from your misuse of the Website and/or Website Information, or arising from your breach of any of these terms and conditions.
By participating in any competition on the Website or contained in the Titles, you are deemed to accept the following terms and conditions, any terms and conditions of a relevant third party insofar as they do not conflict with these conditions, and any additional terms and conditions which are specific to the competition:-
The Company does not accept liability for any promotion of a third party. In particular, we specifically exclude liability for any negligent acts or omissions carried out by any party (including our own employees) in connection with a competition and/or in connection with any prize and exclude any liability for losses incurred by any party (including but not limited to the competition winner of winners) caused by any prize. We also specifically exclude liability for any failure to provide or honour a prize due to the failure, act or omission of the provider of the prize.
In the event of any dispute about these terms and conditions or anything involving a competition, our decision shall be final and binding.
We reserve the right to omit entries if deemed necessary.
Unless expressly stated otherwise, competitions are restricted to residents of the UK aged 18 years or over, excluding employees of the Company and/or of the provider of the prize (if that party is not us) and their immediate families.
Entries from agents, in bulk or from third parties will not be accepted.
The Company reserves the right (but not the obligation) to monitor and filter information provided by entrants. We are not responsible for information provided by entrants which is defamatory, obscene, harassing or discriminatory nor information which infringes the intellectual property, privacy or other rights of third parties.
Unless otherwise stated, winners will be chosen from all qualifying entries by the Company within 28 days of the closing date of the competition.
Winners will be notified within 40 days of the closing date. If contact cannot be made by any of the means provided by the entrant, the prize will be deemed to have been forfeited by the winner. If a prize is not claimed by the time or in the manner specified for the particular competition, the prize will be deemed to have been forfeited by the winner. We reserve the right to award an unclaimed or forfeited prize to another entrant by any manner which, in our discretion, appears reasonable or appropriate.
Names of winners can be accessed by sending a SAE to DNG Media 96/98 High Street, Annan, DG12 6EJ within 40 days of the closing date.
By entering a competition you agree that the Company may process your personal data for the purpose of operating the competition including but not limited to: ensuring the entry is valid, contacting you if you win, dissemination of you as a winner to interested parties, announcing the winner to ensure the transparency of the competition itself. The legal basis we use for processing your personal data in this regard is contractual necessity under these terms and conditions. We securely destroy the personal data gathered for the purposes of operating the competition after six months of the passing of the closing date.
Winners’ details may be announced on the Website or in the Titles and will be displayed as title, surname and area, e.g. Mr Smith from Dumfries. We reserve the right to use the details of winners and their entries in any publicity, including news and photography, and in any medium, subject to the provisions of the Data Protection Act 2018 and the General Data Protection Regulations (“GDPR”).
No responsibility is accepted for entries which are damaged, lost or mislaid, and proof of posting, texting or emailing will not be accepted as proof of delivery or receipt.
Prizes are as described, excepted as provided for in this condition. Prizes are non-transferable, may not be resold and are subject to availability. There are no cash alternatives. The Company reserves the right in its discretion (but shall not be obliged) to substitute any stated prize for a prize which in the Company’s sole opinion is a reasonable alternative.
If we fail to exercise or delay in exercising any right or remedy provided under these terms and conditions or by law, that will not constitute a waiver of our rights or remedy nor shall it prevent us from exercising that right or remedy in whole or in part in the future.
We reserve the right to hold void, suspend, cancel, or amend any competition where it becomes necessary to do so.
If there is any reason to believe that there has been a breach of these terms and conditions, we may, at our sole discretion, reserve the right to exclude anyone from participating in the competition.
Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.
These terms and conditions and the documents referred to in it are between and for the benefit of you and us (and our successors and assignees) and are not intended to benefit or be enforceable by anyone else.
If any provision of these terms and conditions (or part of a paragraph or provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted, the provision shall apply with whatever modification is necessary to give effect to the original intention of these terms and conditions.
References to any statute or statutory provision in these terms and conditions shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
In these terms and conditions, references to one gender include the other genders, and to the singular include the plural and vice versa.
Headings will not affect the interpretation of these terms and conditions.
The Company shall not be liable for any delay or failure on its part (including but not limited to the delay in providing or failure to provide a competition prize) to the extent that the delay or failure is due to the actions or omissions of a third party, or due to circumstances beyond the reasonable control of the Company.
These terms and conditions shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.