1. IntroductionThis web site is owned and operated by Toffsworld Limited UK Reg 04459169
This user agreement (“Agreement”) governs the use of the services provided on this web site produced by ToffsWorld.
If you do not agree with the rules contained in this Agreement, please do not use the Service.
These terms and conditions may be modified by ToffsWorld from time to time. Notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow the Service’s rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to our other publications.
2. Use of the Service by You
All material on this website belongs to ToffsWorld. You may retrieve and display content from this website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service.
You acknowledge that ToffsWorld.com is owned by Toffsworld Limited UK Reg 04459169 and material from the site may not be used without permission from ToffsWorld.
You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Other than connecting to ToffsWorld servers by HTTP requests using a web browser, you may not attempt to gain access to ToffsWorld servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
You are responsible for ensuring that any material you provide to the Service, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party.
You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.
You acknowledge that ToffsWorld has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
Any third party website that links to this website must not: – create a frame or any other browser or border environment around the content of this site; – imply that ToffsWorld is endorsing it or its products or services; – use any ToffsWorld trademark displayed on anyToffsWorld website without permission from ToffsWorld; – infringe any intellectual property or other right of any person; – be a website that contains content that could be construed as distasteful, offensive or controversial.
ToffsWorld expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.
4. Use of Material Posted by You
5. Copyright Complaints
ToffsWorld respects the intellectual property of others, and we ask our users to do the same. ToffsWorld may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and advertisers who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on any ToffsWorld website in a way that constitutes copyright infringement, or that the website contains links or other references to another online location that contains material or activity that infringes your copyright, please contact ToffsWorld.com.
6. Materials Provided by Others
You agree that ToffsWorld is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
You agree to indemnify ToffsWorld and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your submissions, from your unauthorised use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising through your use of the Service.
8. Additional Rules
ToffsWorld reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Service. Such additional terms and conditions will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional terms and conditions.
9. Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the service at your own risk. The service is provided “as is,” and to the extent permitted by applicable law, ToffsWorld and its affiliates hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Service.
ToffsWorld and its affiliates do not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Service.
Save for the provisions of the following clause, ToffsWorld and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service, including for viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
ToffsWorld’s liability will not be limited in the case of death or personal injury directly caused by ToffsWorld’s negligence.
ToffsWorld has the right to terminate your ability to access the Service, for any reason, without notice.
12. Choice of Law and Jurisdiction
You agree that this Agreement, for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Agreement.
For the exclusive benefit of ToffsWorld, ToffsWorld shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
If you don’t agree to the terms contained in this Agreement, please exit the Service now.
Entry to competitions is free and open to UK residents only, unless stated otherwise on the competition page. This competition is open to anyone resident in the UK except for the staff of Toffsworld Ltd, and any related 3rd party retailers involved in a specific competition, and their families. Entries must be submitted in the formats specified in the entry form. Toffsworld Ltd reserves the absolute right to reject any incorrect or incomplete entries. The competition can be extended or cancelled at anytime without notice and at the discretion of Toffsworld Ltd. No entrance fee or purchase is required to enter the competition. Toffsworld Ltd reserves the right to reject any entry on any grounds that it may from time to time consider appropriate. The decision of Toffsworld Ltd to accept or reject an entry is final and no correspondence will be entered into. Entrants must be over 18 years of age. Competition winners will be announced in within 14 days after the close of the competition. Toffsworld Ltd may require winners to take part in post-competition publicity. Winning entries and names of runners up will be published on the Toffsworld Ltd website and email newsletters. No alternative cash or otherwise to the stated prizes are available. Travel expenses to and from an event or booking are be to paid for by the prize winner or coupon redeemer not by Toffsworld or the competition promotor. Toffsworld Ltd shall be obliged to contact the prize winner only at their address given on the entry form. Any prize not claimed within 5 days of sending notification of a winning entry shall be forfeited. Toffsworld Ltd may award the prize to another entrant. By entering the competition each entrant agrees that Toffsworld Ltd may use their name and email address for future promotional, marketing and publicity purposes. Toffsworld Ltd is bound by the Data Protection Act 1998 and entrants can request access to personal information held about them by contacting the company. Toffsworld Ltd reserves the right to cancel the competition if it is reasonable to do so or if unforeseen circumstances arise. On receipt of an entry the competition entrant is deemed to have accepted these terms and conditions and to have agreed to be bound by them. These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts.
Toffsworld Standard Terms of Business for advertisers
These terms are based on English Law and any variation of these terms agreed between the company and the client will be confirmed in writing. These terms shall be deemed to have effect from the time of the first work undertaken by the company
The company shall provide the services as shall be agreed between the parties from time to time and set down in the Media Contract.
2. Air Time
The company will purchase advertising slots on various television channels in the UK and will agree schedules and times with the respective television channels either directly or indirectly through a third party media buying agent. The specific times and slots agreed for the television advertisements will be subject to change and the final decision regarding placing of advertisements, the timing, the selection of channels, and the number of slots will be a decision solely for the company and the client hereby agrees to abide by any such decision made by the company.
The company will publish in Toffsworld online magazine only advertisements approved by the company. The period of time the advertisement appears in the online magazine Toffsworld will be for a minimum period of time as specified and agreed in the Media Contract although the company reserves the right to continue to publish such advertisements for an additional period as decided by the company from time to time unless specifically agreed otherwise.
4. Dealings with Third Parties
The company acts as a principle at law and not as the agent of the client in all its dealings with suppliers in respect of the client’s business. Unless otherwise stated the company contracts with suppliers for the client’s business are made in accordance with standard and/or individual conditions and contracts. Such standard or individual conditions and contracts shall be deemed to be incorporated in full in these standard terms of business. The rights and liabilities between the company and the client shall correspond to those between the company and various suppliers. The client therefore acknowledges that the terms and rates of the company’s contracts with suppliers are subject to revision and can only be made within the provisions relating to cancellations, amendments and omissions. In the event of any such cancellation, amendment or omission it will be necessary for the client to reimburse the company for any charges or expenses to which the company is committed and also to pay the company’s fees covering these items.
5. Production Materials
The company charges for photography, images, creative artwork, performers’ fees, music, voiceover, studio facilities, relevant industry and television regulatory standards approval, post production editing, Clearcast, Television Advertising Standards Code (BCAP), together with any other elements of cost required to produce any publication, advertisement, television commercial, documentary, corporate video and/or promotional video.
6. The Fees
The client shall pay the fees set out in the Media Contract and VAT (if applicable) shall be paid in addition. Where the services are varied by the agreement of the parties and this variation affects the fees payable the parties shall agree in advance of the variation to the services being commenced and appropriate adjustment to such fees. Fees paid for production work are non-refundable.
7. Terms of Payment
As agreed between the parties and set down in the Media Contract.
The client hereby grants to the company a non-exclusive licence to use the video footage produced under this agreement for the company’s marketing and self promotion purposes only. The copyright in all advertisements, presentations, ideas, designs, preliminary and finished work produced by the company or to its order belongs to the company. If such material is to be used by the client after termination of the company’s appointment the company will require an additional fee from the client.
9. Advertising Standards
The company abides by rulings of the Advertising Standards Practice, the British Code of Sales Promotion Practice, the British Code of Advertising Practice and the IBA code of Advertising Standards and Practice for Radio and Television and other codes of advertising standards laid down by voluntarily organizations and OFCOM to ensure that all advertising placed by the company is legal, honest, decent and truthful. In order to satisfy these requirements and in the interests of the client, the company and the public, the client agrees to provide the company without delay with objective, factual evidence, if so required, in support of any product claims it wishes the company to make. In the event that the client is unable to provide such evidence to the satisfaction of the company then no fees will be refunded.
All television advertisements will have to be approved by Clearcast and in the event that said approval cannot be achieved or in the event that Clearcast approval is obtained but subsequently withdrawn due to misleading or untrue factual evidence provided by the client concerning their company, product or services then no fees will be refunded.