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Terms & Conditions

Definitions

The term “Website” refers to www.mybabycelebration.co.uk.
The term “Company” refers to My Celebrations Ltd (registered in England No. 6468917; Registered Office: Ver House, London Road, Markyate, Herts, AL3 8JP)
The term “Client” refers to the person, persons or company who makes the Booking
The term “Booking” refers to the written agreement between the Client and the Company to place a Listing in the mybabycelebration.co.uk Supplier Directory or an advert placed elsewhere on the website.
The term “Listing” refers to the information to be included in the entry in the Supplier Directory as set out in the package descriptions.

1. Terms of Payment

1.1. Payment in full shall be made to My Celebrations Ltd (the Company) in advance of the advert or Listing going live either online by debit/credit card or as agreed between the parties in writing. All payments to the Company shall be made in Sterling inclusive of Value Added Tax which shall be payable by the Client.
1.2. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above the Bank of England base rate from time to time in force and shall accrue at such a rate after as well as before any judgment, in accordance with the provisions as set out in the Late Payment of Commercial Debts (Interest) Act 1998.
1.3. In the event of any failure by the Client to make payment, the Client will be responsible for all expenses (including, but not restricted to, reasonable legal fees) incurred by the Company in collecting such amounts.

2. Placement, Licence and Impressions

The Client hereby grants a worldwide, non-exclusive, fully paid licence to reproduce and display the advertisement or Listing (including all text, content, trademarks and branding) in accordance with this Booking and the terms and conditions. Except as set out in the Booking, positioning of the advertisement or Listing within the Website is at the sole discretion of The Company and the Client acknowledges that The Company has not made any guarantees with respect to usage statistics or levels of impressions for the advertisement or Listing. The Company makes no representations or warranties with respect to any usage statistics and shall not be held liable for any claims in respect thereof.

3. Renewal

Except as expressly set out in the Booking, any renewal of the Booking and acceptance of any additional advertising shall be at The Company’s sole discretion. Pricing for any renewal period will be at The Company’s then current rates which are subject to change by The Company from time to time.

4. No Assignment or Resale of Advertising Space

The Client may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to The Company.

5. Limitation of Liability

5.1. In the event that The Company fails to publish the advertisement or Listing in accordance with the terms of the Booking (or in the event of any other failure, technical or otherwise, of such Listing to appear as provided in the Booking), The Client’s sole remedy and The Company’s entire liability to the Client shall be limited at The Company’s option to either a refund of the Fee or relevant part thereof, or placement of the advertisement or Listing at a later time in a comparable position
5.2. In no event shall The Company be responsible for any consequential or special damages or loss of profits arising from any failure to publish the advertisement or Listing in accordance with the Booking. The Company does not limit or exclude or limit liability for death or personal injury caused by its own negligence.
5.3. Without limiting the foregoing, The Company shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of The Company affecting production or delivery in any manner.

6. Severence

Each of the provisions of the Terms and Conditions shall be construed separately and independently of the other and if any provision of Clause 4 shall be found by any court or administrative body to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of Clause 4 which shall remain in full force and effect.

7. Warranties and Indemnity

The Client warrants and represents to The Company that:
7.1. it has the right to publish the contents of the advertisement or Listing, without infringement of any rights of any third party including, without limitation, intellectual property rights;
7.2. it has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice including without limitation good data protection/privacy practice in accordance with the Data Protection Act 1998; and
7.3. the Listing does not constitute an investment advertisement or Listing within the meaning of the Financial Services Act 1986.
7.4. The client agrees to indemnify The Company forthwith on demand and hold The Company harmless against any and all expenses, damages and losses of any kind (including but not restricted to reasonable legal fees and costs) incurred by The Company in connection with any claims, actual or threatened, of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement or Listing and/or any material of the Client to which users can link through the advertisement or Listing.

8. Provision of material to form content of advertisement or Listing

The client will provide all materials for the advertisement or Listing at the time of Booking in accordance with the Booking and The Company's policies in effect from time to time, including (without limitation) the manner and time of transmission to The Company and such technical specifications as The Company may from time to time require. The Company shall not be required to publish any Listing that is not received in accordance with such policies.
The client warrants that all such Materials shall be free from viruses and indemnifies The Company against any expense, damage or loss arising from a breach of this Warranty. If a Client wishes to delete a Listing before the end of the contract period detailed in the Booking, the Client should notify The Company in writing by email to hello@mybabycelebration.co.uk. No refund will be payable. The Company will endeavour to delete the Listing within 7 working days.

9. Right to Reject Advertisment or Listing

9.1. All contents of advertisements or Listings are subject to The Company's acceptance .The Company does not undertake to review the contents of any Listings and any such review of and acceptance by The Company shall not be deemed to constitute a confirmation by The Company that such Listing is provided in accordance with the terms of the Agreement nor shall it constitute a waiver of The Company’s rights hereunder.
9.2. The Company reserves the right at any time, at its sole discretion, to: reject or cancel the advertisement, Listing, Booking, space reservation or position commitment; or
remove the advertisement or Listing from the Website.
9.3. In addition, The Company shall have the absolute right without assigning any reason to reject any URL link embodied within the advertisement or Listing.

10. Cancellations

Except as otherwise specified in the Booking, the Booking is non-cancellable by Client.

11. Construction

No conditions other than those set forth in the Booking or these Standard Terms shall be binding on The Company unless expressly agreed to in writing by The Company. In the event of any inconsistency between the Booking and these Standard Terms, the Booking shall prevail.

12. Termination

The Company shall be entitled to terminate this agreement at any time by giving 7 days’ written notice to the Client. The Client shall be entitled to a pro-rata refund of any pre-paid fees for the period from the date of termination to the expiry of the relevant period for which the Client has paid.

13. Notices

Written notification will be deemed to have been received on the next business day for emails and 3 days after posting for anything which is sent by post.

14. Data Protection

The Company will process data in line with best practice to ensure that personal information is:

• processed fairly and lawfully
• processed for one or more specified and lawful purposes, and not further processed in any way that is incompatible with the original purpose
• adequate, relevant and not excessive
• accurate and, where necessary, kept up to date
• kept for no longer than is necessary for the purpose for which it is being used
• processed in line with the rights of individuals
• kept secure with appropriate technical and organisational measures taken to protect the information
• not transferred outside the European Economic Area (the European Union member states plus Norway, Iceland and Liechtenstein) unless there is adequate protection for the personal information being transferred.
• Link to Privacy Policy

15. Miscellaneous

These Standard Terms, together with the Booking:
15.1. shall be governed by and construed in accordance with, the laws of England and the Client submits to the exclusive jurisdiction of the English Courts;
15.2. constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the parties.
15.3. Notwithstanding any other provision above a person who is not party to these terms and conditions has and does not accrue any rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these terms and conditions, but this does not affect any right or remedy of a third party which exists or is available apart from this Act.