Total Car Magazines | Impreza | Evolution | Nissan. Magazines for enthusiasts, drivers and owners of Japanese Performance cars.

PRIVACY POLICY

TOTAL CAR MAGAZINES – Terms & Conditions of Advertising

Incorporating Total Impreza, Total Evolution & Total Nissan

1. Establishment of contract: A booking is considered to have been agreed when the sales department's order form has been received, signed and dated from the advertiser or purchase order form has been received from the advertiser / agency. Email replies confirming bookings will also be applicable as confirmed booking. Clients may reply to booking forms with BOOKED in the subject line - this will also confirm a booking. A confirmed booking shall also be made if advert copy is submitted, even if no signed booking has been sent - this will apply to a single OR a series booking. Bookings can also be made via the electronic EchoSign software. Email and written communication where the advertisement is referred to will also constitute a confirmed booking. We reserve the right to refuse to insert any advertisement even though accepted and paid for, and to make any alterations we deem necessary to maintain our standards. The advertiser will indemnify the proprietors and the printers against any damages they may sustain in consequence of publication of his/her announcement.

2. ONLY where advertisement copy instructions are received no later than the appropriate copy date, an email pdf proof or fax copy proof will be supplied to the advertiser. Advertisers are reminded that the purpose of a proof is to check that the publisher has designed the advertisement according to instructions. For artwork supplied direct from the client / agency, no proof is supplied prior to publication. Where a proof has been supplied and agreed prior to publication, no credit will be considered in respect of errors. No proof will be supplied for editorial content.

3. Our published rates for space bookings are based on the assumption that the advertiser will supply completed, finished artwork or artwork on disc. The publishers offer a basic production service to prepare advertisements for those customers without access to such facilities. Repeat or lengthy work may require a surcharge.

4. Every care is taken to avoid mistakes but the publishers shall not be liable for any omission or inaccuracy in published advertisements or for the failure of an advertisement to appear for any reason whatsoever. Advertiser's property, artwork etc are held at owner's risk and should be insured by them against loss or damage from whatever cause. The publisher does not assume responsibility for the loss of artwork or photographs supplied. Any disputes on advertising coverage must be raised within 10 days (not working days) of the invoice date for them to be considered. Disputes raised outwith this timescale will not be considered.

5. Advertisements which do not conform to the Trade Descriptions Act, 1968, the Sex Discrimination Act, 1975, the Business Advertisements (Disclosure) Order, 1977 and other relevant legislation will be refused but will still be charged.

6. Participation in advertisement features and supplements does not imply any editorial coverage. Editorial coverage is not linked, in any way, to paid for advertising and cannot be used in any dispute about advertising.

7. Print run may be subject to change at our discretion at any time dependant on time of year or advertising levels. This does not affect the number of distribution points.

8. Adverts accepted on credit are due for payment within 28 days of the date of invoice unless otherwise agreed. Prepayment is strictly required from classified advertisers and non-credit account customers. The existence of a query on an individual item shall not affect payment of the balance of the account being made within the terms. ?If your account is factored, payment is to be remitted to the factors detailed on the invoices.

9. The following regulations will be enforced on invoices that breach our payment terms.

(1) The Late Payment of Commercial Debts [Interest] Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002, provides a statutory right to interest on overdue payments.

(2) Late Payment of Commercial Debts Regulations 2002 (SI 2002 No 1674) - Additional fixed penalty charge £40 (for invoices under £1,000) and £70 for invoices over £1000.

10. Advertising Agency commission is paid at the discretion of the publisher dependant on the agency making the initial contact and implementing a booking. If a booking is made direct with the agency's client without us having been informed of any agency involvement, no agency commission will be applicable. Where agreement has been reached it is on the understanding that the Agency has accepted these conditions. We reserve the right to withhold commission where agencies persistently breach payment terms.

11. 1 voucher copy is supplied as standard for display advertisements. Further copies must be requested separately.

12. The copyright for all purposes in all artwork, copy and other material which the publisher or his employees have originated, contributed to or reworked shall vest in the publisher. The publisher is hereby authorised to record, reproduce, publish, distribute and broadcast (or to permit the same) all supplied advertisement (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise. If copyright is breached, client will be invoiced a breach of copyright charge and will be billed for time spent on preparing the artwork.

13. In the event of copy not being supplied on time, the publisher reserves the right to repeat any previous advertisement without further reference and at the same insertion charge, to compose an advertisement on behalf of the advertiser using what information is available to us, or go to press without the advertisement, for which a full charge will be made in the same manner as for a late cancellation.The publisher accepts no liability for errors in advert copy where the client has not sent details in writing or whereby the client does not reply with changes by the official copy deadline.

14. Advertisement rates are subject to immediate revision at any time. Any price increases will not affect the current booking schedule.

15. Cancellations are only acceptable and valid if received in writing to Total Car Magazines, PO BOX 2059, Livingston, EH54 0JT, no less than seven days before the copy date of the appropriate issue.

Our cancellation charges are as follows,

less than one week (7 days) prior to booking deadline -full insertion rate;
one to four weeks - 50% of insertion charge;
more than four weeks - 10% of insertion charge
(percentages are on rate card cost - not on discounted cost).

Cancellation of series bookings will also incur a retrospective charge on all discounts given on insertions already published. For the avoidance of doubt, the difference between the rate card cost and the discounted price will be charged for ALL adverts in the series which have been taken plus the percentage of insertion charges as detailed above depending on how close to copy date the series / single issues are cancelled.

16. The publisher reserves the right to cancel any bookings and all adverts ran which are overdue will be charged at rate card value as will all future adverts booked which the publisher has to cancel, where a client has breached our payment terms. For the avoidance of doubt, the rate card value will be charged for every invoice booked under the contract whether ran or not. If a booking is cancelled due to non-payment the publisher is not required to give any notice to the advertiser.

17. If an advertiser has any outstanding bills, irrespective of the advertiser being in a current booking or completed booking, the above cancellation charges will also be applied to the account before or after proceeding to debt collection or legal stages.

18. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an agency's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.

19. Any advertisement booking is made with the magazine stated on the booking / proposal form and with the company who publishes the magazine title(s) at the time of publication. Change of publisher is not a valid reason for cancelling any booking.

20. Scottish law shall apply to these Terms and all bookings. You irrevocably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Scottish courts. You agree to this by agreeing the contract by the methods laid out.

21. Our terms and conditions are subject to change at any time and without notice being needed.

22. The advertiser agree to all terms & conditions stated above when confirming an advertising booking.

TERMS OF WEB USE

INTRODUCTION
1.1 "We" are Total Car Magazines Ltd and our address is PO BOX 2059, Livingston, West Lothian, EH54 9EG. We can also be contacted at admin@totalcarmagazines.co.uk.
1.2 These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".
1.3 When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.
1.4 Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3.
1.5 You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.

INTELLECTUAL PROPERTY
2.1 The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
2.2 Without limitation to clause 2.1, the device and are our registered trademarks. You may not use or copy these without our prior written consent.
2.3 This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
2.4 The details of the properties available on this Site are provided to us by our affiliated estate agents for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.

YOUR OBLIGATIONS AND CONDUCT
3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
3.2 You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
3.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.totalcarmagazines.co.uk unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
3.4 You must not include links to this Site in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any "deep link" to any page on this Site other than the home page at www.totalcarmagazines.co.uk without our prior written consent.

REGISTRATION
4.1 To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.
4.2 Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.
4.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
4.4 You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.

BARRING FROM THE SITE
5.1 We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.

WARRANTY
6.1 Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
6.2 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
6.3 The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.
6.4 We make no warranty or guarantee that the Site or information available over it complies with laws other than those of Scotland.

LIABILITY
7.1 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
7.2 Subject to clause
7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
7.3 Subject to clause 7.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
7.4 We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 7.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
7.5 Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
7.6 Subject to clauses 7.1 to 7.4 inclusive, we shall not be liable to you for:
7.6.1 any indirect, consequential, special or punitive loss, damage, costs and expenses;
7.6.2 loss of profit;
7.6.3 loss of business;
7.6.4 loss of reputation;
7.6.5 depletion of goodwill; or
7.6.6 loss of, damage to or corruption of data.
7.7 When you use the "contact forms" on this Site to enquire about property, your details (including your email address) will be sent by email directly to the agent or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent or developer.

LEGAL JURISDICTION
8.1 Scottish law shall apply to these Terms. You irrEvolutioncably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrEvolutioncably submit all disputes to the exclusive jurisdiction of the Scottish courts.
NOTICES
9.1 All notices shall be given:
9.1.1 to us, by email to admin@totalcarmagazines.co.uk or by post to Total Car Magazines Ltd. Our address is PO BOX 2059, Livingston, West Lothian, EH54 9EG. 9.1.2 to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Personal Details section of this Site from time to time.
9.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.

CUSTOMER FEEDBACK
10.1 We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services, Total Car Magazines Ltd, PO BOX 2059, Livingston, West Lothian, EH54 9EG. or e-mail us at admin@totalcarmagazines.co.uk. We aim to acknowledge all customer feedback.

GENERAL
11.1 We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.
11.2 These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

PRIVACY POLICY

Who we are
'We' are Total Car Magazines Ltd, PO BOX 2059, Livingston, West Lothian, EH54 9EG. Company Registration Number: SC346793. We are registered under the Data Protection Act 1998, number Z1396886. We provide this website to subscribing estate agents, rental management companies and new homes developers to display properties they are marketing. We are not estate agents ourselves.

Introduction
We are committed to protecting your privacy. This policy explains how and for what purposes we use the information collected about you via www.totalcarmagazines.co.uk (referred to below as "this Site"). Please read this privacy policy carefully. By using this Site and any services we offer via this Site, you are agreeing to be bound by this policy in respect of the information collected about you via this Site.
If you have any queries or comments about the policy or our use of your personal information, please get in touch with us by emailing us at admin@totalcarmagazines.co.uk or writing to The Privacy Manager at Total Car Magazines Ltd, PO BOX 2059, Livingston, West Lothian, EH54 9EG.

In general, we use the information we collect about you to:

· help our members provide more personalised services to you

· provide information services to relevant third parties

· improve the features and services we offer

· support our own marketing and promotion efforts.

Personal information collected
When you visit, register or use the services on this Site, you may be asked to provide certain information about yourself, including your name and your contact details. We may also collect information about your use of this Site as well as information about you from the emails or letters sent to you. Finally, we may collect information about your property and the type of property you wish to purchase.

Information collection and use
Your information will enable us to provide you with access to all parts of this Site and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to this Site or our services. Further, where you have consented, we might also use your information to email you with details about any other products or services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please email us at admin@totalcarmagazines.co.uk and tell us.
The following features, by their nature, require and make use of personally identifiable information.

Sending emails
The information that you complete on the 'contact agent' forms on this Site is recorded by us and is sent to the agent that you wish to contact. This helps them provide you with a more personalised service. We also send the agent details of your last search to help them find property that matches your requirements more closely.

Registering with us
If you register with us, we save the details you provide and use them to enable us to personalise the service we offer to you. You can update 'your details' at any time via the site. When you are signed in, we automatically pre-fill your saved details on the "contact agent" forms should you wish to use this element of the service we offer to you.

Using the 'email updates'
If you register with us and use the 'your email updates' feature to receive notification when new properties matching your criteria are added to this Site, we record the settings you use and which properties have been sent to you. We do not make any information about any property that has been sent to you available to our member agents or third parties. If you are signed in when you send an email to an estate agent, we include your settings to help the estate agent to provide more personalised services to you.

Who has access to the information you provide or we collect
We retain access to all personal information that we have collected from you.
When our service is available via the websites of our partners, those partners may have access to your information. Their use of your personal information is governed by their privacy policies. We are not responsible for the privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We therefore recommend that you check the policy of each site that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.
If you have consented on 'your details' page or the appropriate email form, we may provide any of the information we collect to carefully screened third parties to contact you regarding products or services that we think may be of interest to you. If you change your mind about being contacted by these third parties in the future, please email us at admin@totalcarmagazines.co.uk and tell us.

If our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law.

Access to, changing or removing the information we hold
Registered users of this Site can update their information, change settings or cancel their membership on their 'your details' page once signed in.

Non-registered and registered users of this Site can request we provide them with a copy of the personally identifiable information we hold via admin@totalcarmagazines.co.uk . You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date. We may charge a small administration fee to cover the data search, preparation and delivery.

We subscribe to the mail preference scheme which regulates unsolicited addressed mail. For more information about the scheme visit 'http://www.dma.org.uk'.

Cookies and tracking
Like many websites, we use "cookies" to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser's help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites.

Like all websites, our servers automatically record 'log files' containing information about the volume and characteristics of our website traffic e.g. IP address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used that help us to monitor and improve the service. We cannot identify you from your log files.

Security, storage and transfer of information
We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access.

All of the information we collect or record is restricted to our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. You can update the personal information that you give us at any time by viewing 'your details' page.

Your information will not be transferred outside of the European Economic Area.
We will retain your information for a reasonable period or for as long as is required by law.

Changes to the policy
We may change this policy from time to time as we add new services or features or in response to changes in the law or our commercial arrangements. We reserve the right to make any amendments to any policy / terms / procedures without the need for prior notice.