These terms and conditions describe the basis for the purchase by the Advertiser and sale by us of the Services (as defined herein) described on this website. By purchasing any of the Services you agree to be bound by these terms and conditions.
In these terms and conditions, “we”, “our” and “us” means Whole Influence Network which is a trading name of The Passion Junkie.
“Advert” means the advert or listing posted on our Website to be validated by our Website team
“Advertiser” means the person or entity identified in the chosen advertising package who places the Advert and with whom this Agreement is made with us together with their successors and assignees;
“Advertising Copy” means the detail and layout of the Advert, provided by the Advertiser, or created by us on your behalf;
“Agreement” means these terms and conditions, the provisions of the chosen advertising package and any other documents expressly referenced in either final or fully agreed form.
“Option” means the advertising package chosen from our online selection. There are a number of Options to pick from, eg. Showcase, Mini Showcase or Banner
“Price” means the sums to be paid for the Advert by the Advertiser as specified in the chosen advertising package. Unless otherwise stated the Price is exclusive of VAT and all other applicable taxes and duties which shall be paid in full by the Advertiser as part of the Price at applicable rates.
“Services” means the services we agree to provide to you under these Conditions, as defined in clause 2 below.
“Website” means www.healthbloggerscommunity.com
“you” and “your” means the Advertiser.
Services, Price and currency
Our provision to you of advertising services, namely our placing the Advert for the Price (the “Services”) is subject to this Agreement. The description of the Services, Price and the currency in which Price is to be paid will be set out in the proposal/invoice. In the absence of any agreement as to currency the Price shall be paid in Pounds Sterling. Your order to place an Advert constitutes an offer to place that Advert for the Price subject to the provisions of this Agreement. Orders shall not be accepted by us until after your credit or account card has been authorised for the transaction, but the authorisation of such payment shall not oblige us to accept your offer.
Our acceptance of your order will be at our sole discretion and will be effected by way of an email confirmation to the email address you supply to us. The contract between us will only be formed when we send you such confirmation, or other written confirmation of acceptance of your offer. We reserve the right to terminate this Agreement immediately if (acting reasonably) we believe that the Advertiser has sold space to a third party not mentioned at the time of placing the advert without our permission.
Publication of the Advertising Copy
We will send you a link to your live advert and /or listing details on our Website with information about the elements you could have but are missing, eg. images. If we do not receive written notification of your intention to amend the Advert within one week the Advert will be deemed by us to be approved by you. You can email us throughout the period in which the Advert is displayed on the Website with additions/amendments. We shall use reasonable endeavours to make such additions or amendments within a timely manner but shall not be obliged to do so within any specific timescale. We reserve the right to refuse to make any such amendment of addition where we in our absolute discretion deem it to go beyond the Option which you purchased or where we in our absolute discretion consider the number or extent of additions or amendments which you have asked for to be excessive.
The full price of the Advert and Services is paid upfront by electronic funds transfer or paypal. Our prices are subject to variation from time to time. If the Price increases between your order to place an Advert and our acceptance of the order (or if it is not specified in the order, or if we become aware that the pricing information on the basis of which you placed an order is out of date), we shall notify you of the correct applicable Price and give you a reasonable opportunity to withdraw your order before we accept it by sending confirmation. Unless agreed otherwise with us when you place the Advert, the Advert will remain current for one year from the date it first appears on the Website. We will contact you before the date that the Advert expires with your renewal details.
We reserve the right to charge you interest before and after any judgment at the maximum rates under applicable law if you fail to make any payment due under this Agreement.
We are continually improving our service to our clients, so specifications, prices or design changes may be made to the Website at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice. We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time. Use of the Website is subject to these terms and conditions and the Website User Terms.
Warranties and indemnity
You represent, warrant and undertake that:
(a) The Advertising Copy:
(i) is not defamatory, does not contain any material which is offensive, inflammatory, obscene, blasphemous, threatening or illegal; and
(ii) does not infringe the copyright, trademark rights or other rights (including without limitation intellectual property rights) which any third party may have in the content of the Advertising Copy;
(b) you own the copyright in the Advertising Copy or you have the right to give us permission to use it on the Website or in the Directory in all the countries in which the Directory will be distributed;
(c) you own or otherwise have the authority to use all trade marks, logos, trade names, the names of trade associations or quality assurance marks used in the Advertising Copy in all the countries in which the Directory will be distributed;
(d) you have provided the correct telephone and email details to be published on the Website and shall notify us promptly of any changes during the currency of the Advert;
(e) your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our standing or reputation; and
(f) you have the authority to bind any business on whose behalf you purchase our Services.
7.3 You will fully indemnify us and keep us fully indemnified for any costs, expenses, fines, damages or loss whether directly or indirectly arising (and including without limitation, economic loss) suffered by us arising out of your alleged or proven failure to observe any of the terms of this clause 7.
8.1 During the currency of the Advert, you may cancel part or all of your Order by notifying us in writing at our registered office, in which case the cancellation charges set out in this clause will apply.
8.2 Where you have given us notice requiring the removal of the Advert, we shall remove the Advert from the Website within 1 month of receipt of your notice. No refund of any monies paid will be due to you, and we will nonetheless be entitled to charge and invoice you in respect of services supplied in respect of the Advert up to the date which is 1 month after the date on which we receive your notice.
8.3 Any failure by you to make any payment or pay any instalment agreed between the parties to this Agreement or any other contract between us within thirty (30) days of the date of the invoice will result in your Advert being cancelled immediately and your position on our Website being lost unless other arrangements have been made in agreement with us.
9.1 We shall not be liable to you in connection with this Agreement in contract, tort, breach of statutory duty or otherwise for any anticipated or actual loss of: revenue, profit, turnover, goodwill, sales, business, business opportunity, savings or data or for any other indirect or consequential loss.Our aggregate liability to you in connection with this Agreement shall not exceed the Price of the Order(s) placed by you. Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence. Except as expressly stated in this Agreement, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into this Agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law.
We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure results from a cause beyond our reasonable control. If we have to contact you or give you notice in writing, we may do so by e-mail or by post to the address(es) (or any of them) you provide to us in your Order. E-mails to you shall be sent to the address that you specify to us. It is important that you give us an accurate and valid e-mail address and promptly let us know if there are any changes to it.
If we fail to enforce a right under this Agreement, or we delay in doing so, that failure or delay will not constitute a waiver of any such rights and will not prevent us from enforcing other rights, or the same type of right on a later occasion. If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. If you have a complaint, please e-mail us at: firstname.lastname@example.org
The copyright in the material contained in the Website, together with the Website design, text and graphics, and their selection and arrangement, the typographical arrangement of material supplied by third parties and all software compilations, underlying source code and software (including applets) belongs to Health Bloggers Community, or the providers of such information. All rights are reserved. None of this material may be copied, scraped, reproduced or redistributed without our written permission and it is a breach of these terms and conditions to do so. Other product and company names mentioned on the Website may be the trademarks or registered trademarks of their respective owners. You shall retain ownership of all copyright in data you submit to the Website. You grant us a world-wide exclusive, royalty free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
We may revise these terms and conditions from time to time. Every time you place an order with us, the terms and conditions in force at the date on which we accept your order by sending you written confirmation will apply to the contract between you and us. These terms and conditions shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties irrevocably submit.