Terms & Conditions

Below you can find details of the BPF's terms and conditions for:

Member data use
Non member data use
BPF website use
Website advertising terms and conditions

BPF Member Data Terms and Conditions

Introduction

The British Plastics Federation is committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).

Definitions

Data controller - A controller determines the purposes and means of processing personal data.

Data processor - A processor is responsible for processing personal data on behalf of a controller.

Data subject – Natural person

Categories of data: Personal data and special categories of personal data

Personal data - The GDPR applies to ‘personal data’, meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.

Special categories personal data - The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.

Processing - means any operation or set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Who are we?

The British Plastics Federation (henceforth referred to as ‘the BPF’) is the data controller. This means we decide how your personal data is processed and for what purposes.

All staff contact details can be found here:

www.bpf.co.uk/about_the_bpf/Whos_Who_At_The_BPF

For all data matters, please contact the executive responsible for your group in the first instance.

The purpose(s) of processing your personal data

We use your personal data for the following purposes:

To contact you about your company’s ongoing relationship with the BPF and to issue invoices regarding BPF membership, should you be the relevant company contact to handle these matters according to our records.
To contact you about promotional opportunities for your company as appropriate, such as media appearances, should you be the relevant company contact to handle these matters according to our records.
To contact you about relevant opportunities for both you and your company, such as events, tradeshows, discounts, funding opportunities and industry news.
To occasionally invite you to participate in industry-specific data gathering exercises — e.g. polls and surveys.
To contact you about key BPF activities, to introduce new BPF members and/or provide key updates about the activities of BPF members as is deemed appropriate by the BPF.

4. The categories of personal data concerned

With reference to the categories of personal data described in the definitions section, the amount of data we hold varies depending upon the individual and the time and date at which it was acquired. At most, we process the following categories of your data:

Personal data
- Name
- Work address
- Home address (if supplied)
- Work email address
- Private email address (if supplied)
- Job title
- BPF events, webinars and tradeshows you have attended
- Positions you may hold or previously have held within the BPF such as ‘council member’ or ‘group chairperson’.
- Your professional area of interest, e.g. ‘health and safety’.

Your personal data was obtained via one or more of the following:

It was supplied directly to us by a company you work for as a contact we could approach on particular matters relating to BPF membership.
You attended or registered interest or took part in some other way in a BPF event, tradeshow or webinar and have provided consent to be contacted in the future about similar opportunities.
Your company has signed up to Operation Clean Sweep and consent was provided to contact you in the future about relevant opportunities and activities.

5. What is our legal basis for processing your personal data?

We have your consent as a data subject according to our records.
Processing contacts of member companies — when readily supplied and consent is understood — is necessary for the BPF to fulfil its contractual duties and otherwise as a membership organisation.

More information on lawful processing can be found on the ICO website.

Sharing your personal data

Your personal data will be treated as strictly confidential, and relevant information will be shared only with:

The BPF’s website service provider, which requires details such as membership status and group affiliation to manage website permissions.
The BPF’s mass mailout service provider, which needs to hold email addresses, preferences and unsubscribe data to function effectively and legally.
Other data may be held for a period of time within other service providers to the BPF, such as online forms or event registration sites, so that it may be migrated to the BPF’s CRM at suitable intervals or as necessary.

How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary and we only retain your data for the following purposes and use the following criteria to determine how long to retain your personal data:

Whether consent has been given.
Whether the company you work for is a member, pending member or potential member of the BPF.
Whether a record of your interactions with the BPF is necessary in order for the BPF to continue to efficiently perform its core duties and activities as a membership organisation.

Your rights and your personal data

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

The right to request a copy of the personal data that we hold about you.
The right to request that we correct any personal data if it is found to be inaccurate or out of date.
The right to request your personal data is erased where it is no longer necessary to retain such data.
The right to withdraw your consent to the processing at any time, giving the BPF a reasonable amount of time to action that request. In cases where consent was not the sole lawful basis upon which the BPF was processing your personal data, we may contact you to establish an alternative point of contact for your company or organisation, if reasonably required by the BPF in order to fulfil its duties.
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.
The right to object to the processing of personal data (i.e. where processing is based on legitimate interests, direct marketing or processing for the purposes of research and statistics).

Transfer of Data Abroad

If any data is held by service providers to the BPF (see section 6) for any reason, it may be held abroad. As data controller, the BPF takes reasonable steps to ensure that any service providers that hold personal data that was submitted to the BPF comply with GDPR regulations.

Further processing

If we wish to use your personal data for a new purpose not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

How to make a complaint

To exercise all relevant rights, queries or complaints, in the first instance please contact:

The BPF executive responsible for the group to which your company belongs.

All BPF staff contact details can be found here:

www.bpf.co.uk/about_the_bpf/Whos_Who_At_The_BPF

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.

Non Member Data Terms and Conditions

Introduction

The British Plastics Federation is committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).

Definitions

Data controller - A controller determines the purposes and means of processing personal data.

Data processor - A processor is responsible for processing personal data on behalf of a controller.

Data subject – Natural person

Categories of data: Personal data and special categories of personal data

Who are we?

The British Plastics Federation (henceforth referred to as ‘the BPF’) is the data controller. This means we decide how your personal data is processed and for what purposes.

All staff contact details can be found here: www.bpf.co.uk/about_the_bpf/Whos_Who_At_The_BPF

For all data matters, please contact the BPF’s marketing executive in the first instance.

The purpose(s) of processing your personal data

We use your personal data for the following purposes: www.bpf.co.uk/terms_and_conditions/non-bpf-member-terms-and-conditions

To contact you about relevant opportunities for both you and your company, such as events, tradeshows, discounts, funding opportunities and industry news.
To occasionally invite you to participate in industry-specific data gathering exercises — e.g. polls and surveys.

4. The categories of personal data concerned

Personal data
- Name
- Work address
- Home address (if supplied)
- Work email address
- Private email address (if supplied)
- Job title
- BPF events, webinars and tradeshows you have attended
- Your professional area of interest, e.g. ‘health and safety’

Your personal data was obtained via one or more of the following:

It was submitted online via our online plastics industry directory or via our sales lead system and you provided consent to be contacted in the future about future BPF activities and opportunities.
You attended or registered interest or took part in some other way in a BPF event, tradeshow or webinar and have provided consent to be contacted in the future about similar opportunities.
Your company has signed up to Operation Clean Sweep and consent was provided to contact you in the future about relevant opportunities and activities.

5. What is our legal basis for processing your personal data?

We have your consent as a data subject according to our records.

More information on lawful processing can be found on the ICO website.

Sharing your personal data

Your personal data will be treated as strictly confidential, and relevant information will be shared only with:

The BPF’s website service provider, which requires details such as membership status and group affiliation to manage website permissions.
The BPF’s mass mailout service provider, which needs to hold email addresses, preferences and unsubscribe data to function effectively and legally.
Other data may be held for a period of time within other service providers to the BPF, such as online forms or event registration sites, so that it may be migrated to the BPF’s CRM at suitable intervals or as necessary.

How long do we keep your personal data?

Whether consent has been given.
Whether the company you work for is a member, pending member or potential member of the BPF.
Whether a record of your interactions with the BPF is necessary in order for the BPF to continue to efficiently perform its core duties and activities as a membership organisation.

Your rights and your personal data

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

The right to request a copy of the personal data that we hold about you.
The right to request that we correct any personal data if it is found to be inaccurate or out of date.
The right to request your personal data is erased where it is no longer necessary to retain such data.
The right to withdraw your consent to the processing at any time, giving the BPF a reasonable amount of time to action that request. In cases where consent was not the sole lawful basis upon which the BPF was processing your personal data, we may contact you to establish an alternative point of contact for your company or organisation, if reasonably required by the BPF in order to fulfil its duties.
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.
The right to object to the processing of personal data (i.e. where processing is based on legitimate interests, direct marketing or processing for the purposes of research and statistics).

Transfer of Data Abroad

Further processing

Changes to our privacy policy

How to make a complaint

To exercise all relevant rights, queries or complaints, in the first instance please contact:

The BPF’s marketing executive.

All BPF staff contact details can be found here:

www.bpf.co.uk/about_the_bpf/Whos_Who_At_The_BPF

Website Terms and Conditions

The below document sets out the Terms & Conditions of Use of www.bpf.co.uk and all subdomains.

1    ACCEPTANCE OF TERMS

1.1    Your access to and use of www.bpf.co.uk ("the Website"), including all subdomains, and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.

1.2    We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2    THE SERVICES

The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

3    CHILD SUPERVISION

We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

4    PRIVACY POLICY

    We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.

4.1    We use a technology called "cookies" as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

5    USER ACCOUNT, PASSWORD AND SECURITY

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will www.bpf.co.uk (and any subdomains) be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

6    ACCEPTABLE USE

6.1    You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. www.bpf.co.uk (and any subdomains) will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

6.2    In using the Website/Services you agree not to:

6.2.1    use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

6.2.2    post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

6.2.3    post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

6.2.4    threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

6.2.5    use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

6.2.6    make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

6.2.7    collect or store personal information about others, including email addresses;

6.2.8    advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

6.2.9    impersonate any person or entity for the purpose of misleading others;

6.2.10    violate any applicable laws or regulations;

6.2.11    use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;

6.2.12    post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

6.2.13    attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

6.3    We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

7    TERMINATION

    We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

8    LINKS TO THIRD PARTY WEBSITES

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that www.bpf.co.uk (and any subdomain) is not responsible for the content or availability of any such sites.

9    INTERNATIONAL USE

    You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

10    INTELLECTUAL PROPERTY RIGHTS

10.1    The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

10.2    www.bpf.co.uk (including all subdomains) does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

11    INDEMNITY

You agree to indemnify and hold www.bpf.co.uk (and any subdomains) harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against www.bpf.co.uk by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by www.bpf.co.uk in consequence of your breach of these Terms and Conditions.

12    DISCLAIMERS AND LIMITATION OF LIABILITY

12.1    Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

12.2    To the extent permitted by law, www.bpf.co.uk (and any subdomains) will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

12.3    www.bpf.co.uk (and subdomains) makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

12.4    Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.bpf.co.uk (and subdomains) for death or personal injury as a result of the negligence of www.bpf.co.uk (and subdomains).

12.5    Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

13    SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

14    GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

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Website advertising Terms and Conditions

Website advertising terms and conditions

Please read these Terms and Conditions carefully. All contracts that the Operator may enter into from time to time for the provision of the Operator's services shall be governed by these Terms and Conditions, and the Operator will ask the Advertiser for the Advertiser's express written acceptance of these Terms and Conditions before providing any such services to the Advertiser.

1. Definitions

1.1 In these Terms and Conditions:

"Advertisement" means any and all advertisements provided by the Advertiser to the Operator for publication through the Advertisement Publication Services;

"Advertisement Publication Services" means the ongoing hosting and publication of the Advertisements by the Operator on behalf of the Advertiser on the Advertising Platform in accordance with these Terms and Conditions;

"Advertiser" means the person or entity identified as such in Section 1 of the Order Form;

"Advertiser Indemnity Event" has the meaning given to it in Clause 9.1;

"Advertising Platform" means the platform managed by the Operator and used by the Operator to provide the Advertisement Publication Services;

"Business Day" means any weekday other than a bank or public holiday in England;

"Business Hours" means the hours of 09:00 to 17:00 GMT/BST on a Business Day;

"Charges" means the following amounts:

(a) the amounts specified in Section 3 of the Order Form; and

(b) such amounts as may be agreed by the parties in writing from time to time;

"Contract" means a particular contract made under these Terms and Conditions between the Operator and the Advertiser;

"Effective Date" means the date upon which the parties execute a hard-copy Order Form; or, following the Advertiser completing and submitting the online Order Form published by the Operator on the Operator's website, the date upon which the Operator sends to the Advertiser an order confirmation;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Operator" means The British Plastics Federation, a company incorporated in England and Wales (registration number 00282883) having its registered office at BPF House, 6 Bath Place, Rivington Street, London, EC2A 3JE;

"Order Form" means a written order form agreed by or on behalf of each of the parties;

"Term" means the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and

"Terms and Conditions" means these terms and conditions, including any amendments to these terms and conditions from time to time.

2. Term

2.1 The Contract shall come into force upon the Effective Date.

2.2 The Contract shall continue in force indefinitely, subject to termination in accordance with Clause 12.

2.3 Unless the parties expressly agree otherwise in writing, each Order Form shall create a distinct contract under these Terms and Conditions.

3. Advertisement Publication Services

3.1 The Operator shall provide the Advertisement Publication Services to the Advertiser during the Term with reasonable skill and care and in accordance with these Terms and Conditions.

3.2 The Operator shall use reasonable endeavours to maintain the availability of the Advertising Platform and the Advertisements at the gateway between the public internet and the network of the hosting services provider for the Advertising Platform, but does not guarantee 100% availability.

3.3 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of the Contract:

(a) a Force Majeure Event;

(b) a fault or failure of the internet or any public telecommunications network;

(d) any breach by the Advertiser of the Contract; or

(e) scheduled maintenance.

3.4 The Operator may suspend the provision of the Advertisement Publication Services if any amount due to be paid by the Advertiser to the Operator under the Contract is overdue, and the Operator has given to the Advertiser at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Advertisement Publication Services on this basis.

4. Advertisements

4.1 The Advertiser shall supply to the Operator the Advertisements that are specified in the Order Form or that the parties otherwise agree in writing shall be supplied by the Advertiser.

4.2 The Advertiser shall supply the Advertisements in accordance with any timetable agreed in the Order Form or otherwise agreed by the parties in writing; providing that if no timetable for supply is so agreed the Advertiser shall supply the Advertisements within a reasonable time period taking into account the Operator's obligations under these Terms and Conditions.

4.3 The Operator shall not be liable to the Advertiser in respect of any failure of the Operator to comply with its obligations under the Contract to the extent that such failure arises out of any breach by the Advertiser of this Clause 4, subject always to Clause 10.1.

4.4 The Advertiser hereby grants to the Operator a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Advertisements to the extent reasonably required for the performance of the Operator's obligations and the exercise of the Operator's rights under the Contract, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Operator's obligations and the exercise of the Operator's rights under the Contract.

4.5 The Advertiser warrants to the Operator that the Advertisements will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute, regulation or applicable code of conduct, in any jurisdiction and under any applicable law.

5. No assignment of Intellectual Property Rights

5.1 Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from the Operator to the Advertiser, or from the Advertiser to the Operator.

6. Charges

6.1 The Advertiser shall pay the Charges to the Operator in accordance with these Terms and Conditions.

6.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Advertiser to the Operator.

7. Payments

7.1 The Operator shall issue invoices for the Charges to the Advertiser from time to time during the Term.

7.2 The Advertiser must pay the Charges to the Operator within the period of 30 days following the issue of an invoice in accordance with this Clause 7, providing that the Charges must in all cases be paid before the commencement of the period to which they relate, unless otherwise agreed.

7.3 The Advertiser must pay the Charges by debit card, credit card, direct debit, bank transfer or cheque (using such payment details as are notified by the Operator to the Advertiser from time to time).

7.4 If the Advertiser does not pay any amount properly due to the Operator under these Terms and Conditions, the Operator may:

(a) charge the Advertiser interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or

(b) claim interest and statutory compensation from the Advertiser pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

8. Warranties

8.1 The Operator warrants to the Advertiser that:

(a) the Operator has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions;

(b) the Operator will comply with all applicable legal and regulatory requirements applying to the exercise of the Operator's rights and the fulfilment of the Operator's obligations under these Terms and Conditions; and

(c) the Operator has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.

8.2 The Advertiser warrants to the Operator that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.

8.3 All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.

9. Indemnity

9.1 The Advertiser shall indemnify and shall keep indemnified the Operator against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Operator and arising directly or indirectly as a result of any breach by the Advertiser of these Terms and Conditions (a "Advertiser Indemnity Event").

9.2 The Operator must:

(a) upon becoming aware of an actual or potential Advertiser Indemnity Event, notify the Advertiser;

(b) provide to the Advertiser all such assistance as may be reasonably requested by the Advertiser in relation to the Advertiser Indemnity Event;

(c) allow the Advertiser the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the Advertiser Indemnity Event; and

(d) not admit liability to any third party in connection with the Advertiser Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Advertiser Indemnity Event without the prior written consent of the Advertiser,

without prejudice to the Advertiser's obligations under Clause 9.1.

10. Limitations and exclusions of liability

10.1 Nothing in these Terms and Conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in these Terms and Conditions:

(a) are subject to Clause 10.1; and

(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

10.3 The Operator will not be liable to the Advertiser in respect of any losses arising out of a Force Majeure Event.

10.4 The Operator will not be liable to the Advertiser in respect of any loss of profits or anticipated savings.

10.5 The Operator will not be liable to the Advertiser in respect of any loss of revenue or income.

10.6 The Operator will not be liable to the Advertiser in respect of any loss of use or production.

10.7 The Operator will not be liable to the Advertiser in respect of any loss of business, contracts or opportunities.

10.8 The Operator will not be liable to the Advertiser in respect of any loss or corruption of any data, database or software.

10.9 The Operator will not be liable to the Advertiser in respect of any special, indirect or consequential loss or damage.

11. Force Majeure Event

11.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

11.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must:

(a) promptly notify the other; and

(b) inform the other of the period for which it is estimated that such failure or delay will continue.

11.3 A party whose performance of its obligations under the Contract is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

12. Termination

12.1 Either party may terminate the Contract by giving to the other party at least 30 days' written notice of termination.

12.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.

12.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:

(a) the other party:

(i) is dissolved;

(ii) ceases to conduct all (or substantially all) of its business;

(iii) is or becomes unable to pay its debts as they fall due;

(iv) is or becomes insolvent or is declared insolvent; or

(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract); or

(d) if that other party is an individual:

(i) that other party dies;

(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or

(iii) that other party is the subject of a bankruptcy petition or order.

13. Effects of termination

13.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.1, 4.2, 4.3, 7.2, 7.4, 9, 10, 13, 15 and 16.

13.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.

14. Notices

14.1 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods (using the relevant contact details set out in Clause 14.2 and Section 4 of the Order Form):

(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery; or

(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting,

providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.

14.2 The Operator's contact details for notices under this Clause 14 are as follows: BPF House, 6 Bath Place, Rivington Street, London, EC2A 3JE.

14.3 The addressee and contact details set out in Clause 14.2 and Section 4 of the Order Form may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Clause 14.

15. General

15.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.

15.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

15.3 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.

15.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.

15.5 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.

15.6 Subject to Clause 10.1, these Terms and Conditions shall constitute the entire agreement between the parties in relation to the subject matter of these Terms and Conditions, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

15.7 The Contract shall be governed by and construed in accordance with English law.

15.8 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.

16. Interpretation

16.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

16.2 The Clause headings do not affect the interpretation of these Terms and Conditions.

16.3 References in these Terms and Conditions to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.

16.4 In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

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