Terms & Conditions

Carnyx Group Ltd, publisher of The Drum, welcomes you to our website.

The following terms apply to your use of the The Drum website ('the Website') and all content which may be accessed in several ways, including but not limited to the world wide web, PDA, mobile devices and RSS feeds. These terms and conditions apply whenever you access The Drum content, on whatever device. By using this website you are deemed to have accepted the following conditions.

Some areas of The Drum website are restricted to Registered users, paid Subscribers and authorised administrators only. By completing the registration details and by entering your login details, you will be deemed to have accepted these terms and conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with The Drum website, you should read our Privacy Policy.

Terms & Conditions of Use

1. Copyright of the Website is owned by Carnyx Group Ltd and its licensors. The Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of the Website without the express written permission of Carnyx Group Ltd. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.

2. The names, images and logos identifying Carnyx Group Ltd, The Drum or third parties and their products and services, are proprietary marks of Carnyx Group Ltd, and/or may be the proprietary marks of third parties. Any use made of these marks without obtaining permission may be an infringement of rights in those marks and Carnyx Group Ltd reserves all rights to enforce such rights.

3. Content on the Website is provided for general information only to inform you about industry developments which may be of interest. At no point does it constitute legal advice (or any other type of advice) and should not be relied upon for this purpose.

4. Carnyx Group Ltd is providing the content in good faith but no warranty or representation is given that the content is accurate, complete or up to date. Use of content on the Website is entirely at your own risk. Carnyx Group Ltd takes reasonable precautions to prevent computer viruses and other malicious programs on the Website and no liability is accepted for them and you must take your own precautions in this respect.

5. Information transmitted via this Website will pass over public telecommunications networks. Carnyx Group Ltd makes no representation or warranty that the operation of this Website will be interrupted or error free and disclaims all liability in respect thereof.

6. This Website contains links to other websites. Carnyx Group Ltd accepts no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such a third party. The inclusion of any link on the Website does not imply endorsement by Carnyx Group Ltd or The Drum of the linked site. If you decide to access linked third party websites, you do so at your own risk.

7. Parts of the Site contain advertising and sponsorship. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

8. Force majeure
Although we will do our best to provide constant, uninterrupted access to the Website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

9. Changes to these Terms & Conditions
We can change these Terms at any time, without notice, and your continued use of the Services after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

10. These terms and Conditions shall be governed in accordance with Scottish law.

Registration

Areas of The Drum website are restricted to registered users and subscribers and are controlled by username and password. We allow you to access these restricted areas of the site on the basis that:

1. Your username and password are personal to you and shall not be used by anyone else to access these restricted areas;

2. You provide true, accurate, current and complete information about yourself as requested by The Drum in the application;

3. You do not do anything that would assist anyone who is not a registered user to The Drum, or an approved user of the Administration areas to gain access to these restricted areas or any documents contained therein;

4. You do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another individual, organisation or brand;

5. You have read, understood and comply with these Terms & Conditions.

Carnyx Group Ltd reserves the right to cancel your registration to the site and/or refuse you access to restricted areas immediately and without giving you any advance notice. Carnyx Group Ltd shall not be liable for any losses or damages whatsoever arising from your inability to access any pages on the site.

Discussion Forum / Comments / Blogs / Directory / Editor's Inbox

1. Users of the The Drum Website may submit material for publication in sections of the Website. Some of these arease are restricted to Registered users only. Carnyx Group Ltd accepts no liability in respect of any material submitted by users and published by Carnyx Group Ltd and Carnyx Group Ltd is not responsible for its content or accuracy.

2. If you want to submit material to the Website you may do so on the following terms and conditions:

i. You grant Carnyx Group Ltd a non-exclusive, perpetual, royalty-free license to republish any material you submit in any format, and you warrant to Carnyx Group Ltd that any material you submit is your own work and that you own the copyright and all relevant rights.

ii. You warrant that the material you submit is not obscene, offensive, defamatory or otherwise illegal.

iii. You agree not to post material that is deliberately intended to upset other users.

iv. You acknowledge that any breach of these warranties may cause Carnyx Group Ltd damage or loss and agree to indemnify Carnyx Group Ltd in full and permanently against any third party liabilities, claims, costs, loss or damage incurred by Carnyx Group Ltd as a result of publishing any material you submit to us, including consequential loss.

v. Submitted content (text and images) must not be used as a job recruitment mechanism. Vacancies can only be advertised through The Drum Jobs section.

vi. Content must be accurate and truthful. Obscene, offensive, defamatory, illegal or otherwise negative comments of people, companies, organisations or brands is strictly forbidden. Content should be relevant to the readers of The Drum website and should not be used for excessive linking, keyword stuffing, spam and advertising. Users and content found to be breaching these terms will removed and may be refused future access.

The Drum Directory

The Drum Directory is intended for creative marketing companies, freelancers and consultants and those allied companies whose services and products are aimed at this sector. You may register and post free and paid listings onto the directory on the basis that:

i. Carnyx retains the right to suspend and delete listings if they are deemed inappropriate or not relevant to the Directory

ii. Where free listings are offered one only is permitted for each company, freelance, or consultant. Multiple registrations are not permitted and may be suspended.

iii. You do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user;

iv. You have read and understood the Website Terms & Conditions of Use and the Privacy Policy.

v. Carnyx Group Ltd reserves the right to cancel, suspend or delete a directory listing and its account and/or refuse you access to restricted administration areas at any time. Carnyx Group Ltd shall not be liable for any losses or damages whatsoever arising from your inability to access any pages on the site.

Job Seekers

CVs and job advertisements
Job advertisements contained on the site are provided by prospective employers and their agents and are not necessarily reviewed by Carnyx Group Ltd. Carnyx Group accepts no responsibility or liability for the contents of advertisements and expect candidates to carry out such verification procedures as are necessary and prudent in the circumstances.

My DRUM Jobs tools
Users are provided with facilities to manage and assist job seeking through My DRUM Jobs facility. The purpose of these tools is to allow users to store jobs, applications, CVs, letters and sign up for email job alerts. Carnyx Group does not offer any warranty that these facilities will be available in the same form and may withdraw this facility at any time.

Job Advertising

Recruitment consultancies and employment businesses
If you are a recruitment consultancy or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) it is your responsibility to ensure that advertisements and job postings you place on thedrum.com comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2004 and all other legislation. You agree to comply with the Act and these regulations as they affect the conduct of your business and the advertisements you place on www.thedrum.com.

Job Advertisement Rules
Carnyx Group Ltd has rules regarding the content and format of jobs posted on thedrum.com. The rules ensure the user receives a fair and clear response from using the website. You agree that we may, at our discretion and without liability to you, remove from thedrum.com any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.

The Rules are:

- No duplicating of jobs at the expense of other clients' jobs.
- No deliberate inserting of words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
- Job advertisements placed in the jobs section on thedrum.com must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
- Job titles must be clear and concise. The Job Title field should only used for this purpose and not include additional content/description.
- Duplicate jobs cannot be advertised within one job posting.
- Email links or URLs (live or text only) are not permitted in the body copy of the job description page. Email links and url linking is permitted from the Company Profile page.

Illegal Advertisements
Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. If we believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from thedrum.com without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

Termination of access to administration Control Panel
Carnyx Group Ltd reserves the right to withdraw access to the administration Control Panel at any time. Carnyx Group Ltd shall not be liable for any losses or damages whatsoever arising from your inability to access any pages on the site.

Responses to advertisements
Advertisers agree to deal fairly and professionally with individuals who respond to an advertisement that have been posted and not do anything which may bring thedrum.com into disrepute. You will indemnify us from and against any claim brought by an individual against thedrum.com arising from your breach of this obligation or any other of these terms and conditions.

Carnyx Group Ltd does not guarantee any response to your advertisement nor that responses will be from individuals suitable for the advertised job. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.

Content and links
Advertisers are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove from thedrum.com any advertisement which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring The Drum or Carnyx Group into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements.

Agreement Terms and Conditions

1. Definitions

“Annual Subscription Fee” means the sum specified as such in the Order Confirmation (or Renewal Notice as the case may be);
“Agreement” means the terms and conditions of supply set out in this document together with any other terms and conditions agreed in writing between you and the Company;
“Company” means Carnyx Group Ltd, a company incorporated in Scotland with registered number SC093166 and having its registered office at 4th Floor, The Mercat Building, 26 Gallowgate, Glasgow, G1 5AB, and its group companies;
“Initial Term” means the period of 12 months commencing on the Subscription Start Date;
“Order Confirmation” means the written acceptance of your order issued by the Company to the address, fax number or e-mail address provided by you in your Purchase Request which, immediately upon issue shall conclude the contract between the parties;
“Privacy Policy” means the Company’s privacy policy available at www.carnyx.com/terms.php;
“Purchase Request” means your written request for the supply of products and/or services from the Company and for the avoidance of doubt, shall include such requests as may be submitted via the Company’s website;
“Renewal Notice” means the written notice to be served on you by the Company no less than 45 days prior to the expiry of the Initial Term which shall advise of automatic and indefinite extension of the Subscription Period for further 12 month periods until written notice of termination is received from you in terms of clause 6 hereof;
“Subscription Period” means the Initial Term and any extended period; and
“Subscription Start Date” means the date specified as such in the Order Confirmation.

2. Introduction

This is an Agreement between you and the Company;

The product(s) or service(s) purchased by you are specified in the Order Confirmation. This Agreement and the Privacy Policy shall apply to all products or services supplied to you by the Company. You will be required to confirm that you agree to be bound by the Agreement in your Purchase Request. Please read the Agreement carefully and ensure that you understand its terms before submitting your Purchase Request to the Company.

The Agreement does not affect your statutory rights.

3. Agreement Period

Unless specifically agreed otherwise by the Company in the Order Confirmation, this Agreement shall be in force for the Initial Term and for the duration of any extension thereof.

4. Cancellation

You may cancel the Agreement at any time before the end of the period of 90 days starting on the Subscription Start Date. To cancel, you must notify the Company in writing within the time period specified. Upon cancellation the Company shall refund any Annual Subscription Fee (or any part thereof) paid by you.

5. Charges and Payment

You understand that, upon submitting a Purchase Request to the Company if the Company issues a Written Confirmation thereafter, you are committing to pay the full Annual Subscription Fee for at least the Initial Term.

Payment is annually in advance. Payment should be made according to the terms outlined on the Written Confirmation.

At the sole option of the Company, payment of the full Annual Subscription Fee may be made by installments This option will be indicated on the Purchase Request. If you would prefer to pay the Annual Subscription Fee by installments you should indicate so on your Purchase Request and submit to the Company together with a completed Direct Debit instruction or recurring credit card authority. If your application to pay by installments is not accepted by the Company, it will inform you prior to issuing a Written Confirmation.

The company will only commence the delivery of the product or service once the initial installment has been received.

Where applicable, each installment for the Initial Term (or for any extension thereof) shall be paid in advance. Each payment will be debited on the same day of each month. If this date falls on a weekend or a bank holiday, or if there is no day of the same date in any month, payment will be debited by your bank on the previous or next working day.

In the event of a change in your nominated bank account, you are required to submit a new Direct Debit instruction to the Company not less than 14 days prior to the scheduled date of your next payment.

Unless you cancel the Agreement under clauses 4 or 7 hereof, you will have to pay all installments of the Annual Subscription Fee for the Initial Term (or for any extension thereto as the case may be). If you have paid in a lump sum in advance for any 12 month period, no refund of the Annual Subscription Fee will be made in the event of cancellation of the Agreement other than if the Agreement is cancelled under either of those clauses.

You agree that the Company may review the Annual Subscription Fee for the products or services it supplies to you. Any such increase would only take effect upon expiry of the Initial Term. The Company will give you one months’ written notice of any increase in the Annual Subscription Fee.

The Annual Subscription Fee shall be exclusive of any value added tax which amount you will pay, where necessary, at the time of payment.

If you fail to pay the Company any sum due under the terms of this Agreement or if you seek to terminate this Agreement except as permitted by its terms, you shall be liable to pay interest to the Company on such outstanding sums from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Royal Bank of Scotland Plc, accruing on a daily basis until payment is made. The Company shall also be entitled to recover its reasonable administration expenses and the fees and expenses (including those of any debt collectors) that it may reasonably and properly incur to recover the outstanding Annual Subscription Fees which are due. Failure to pay the full amount may also result in a suspension of the supply of the product or service. Where the product or service is suspended you will remain liable for any outstanding obligations under this Agreement.

6. Termination by You

a. Subject to the provisions of clauses 4 and 7 hereof, you may not terminate the Agreement in the duration of Initial Term or in the duration of any extension thereof.
b. The Company shall issue a Renewal Notice not less than 45 days prior to the expiry of the Initial Term confirming the Annual Subscription Fee payable for the next 12 month period.
c. To terminate your Agreement with the Company at the expiry of the Initial Term (or at the expiry of any 12 month extension thereafter) you must provide the Company with written notice, that you do not wish your Agreement to be renewed, not less than 14 days prior to the expiry date as specified in the Order Confirmation.

Unless you terminate the Agreement as provided for in clause 6c hereof, the Subscription Period will automatically be extended for a further 12 months and the next year’s Annual Subscription Fee will fall due and payable.

If the Subscription Period is extended pursuant to Clause 6 hereof, the Annual Subscription Fee for the extended period shall be that in force on the date the Initial Term (or the current extended term) expires.

You may terminate the Agreement at any time if the Company commits a serious breach of the Agreement.

7. Changes to the Agreement

The Annual Subscription Fee may be increased by the Company to reflect changes in inflation, additional taxes or other costs that are not imposed by the Company. Any such increase in the Annual Subscription Fee will be notified to you at least one month before it comes into effect. Increases shall not take effect during the Initial Term, except as described in clause 7b hereof.
If there is a change in the rate of VAT or any other tax, or any other tax is imposed, the Company shall be entitled to change the Annual Subscription Fee to reflect such changes, at any time including during the Initial Term. Such changes will only affect you if you pay by installments. The Company will give not less than one month's notice of any increase and the Direct Debit / credit card payment amounts after expiry of such notice will be adjusted accordingly. Any other changes shall take effect as described in the remainder of this clause 7.
The Company reserves the right to make changes to this Agreement on giving you at least one month's prior written notice.
If (i) you pay by installments and any changes imposed under this clause 7 either increase the installments payable or are otherwise to your disadvantage during the Initial Term, or (ii) you have paid the Annual Subscription fee in advance and the changes are to your disadvantage, you will have 30 days from the notice date in which to terminate the Agreement.
If you terminate the Agreement under clause 7d and you pay by installments, you may stop making payments from one month after the date of the Direct Debit / credit card payment which follows you telling us you wish to terminate. If you have paid the Annual Subscription fee in advance, the Company will repay you an amount equal to the value of the remaining full months' subscription fee less one month.

8. Termination by the Company

The Company may terminate the Agreement immediately on any one of the following grounds:

i. for your fraud (or the Company’s reasonable suspicion of your fraud) in any matter connected to entering into or performing the Agreement;
ii. if you miss a payment and fail to make that payment within 28 days of a request from the Company to make it, or if you miss more than one payment; or
iii. material breach of the Agreement by you that has not been remedied by you within a reasonable time upon the Company’s request.

If the Company terminates the Agreement under this clause 8, the Company may keep any payments that have been received from you. Where you have paid the Annual Subscription Fee in advance, the Company may refund sums paid for any full months after the termination date but shall be entitled to retain a fair amount to reflect the loss to the Company from terminating the Agreement in such circumstances. This right is without limit any other rights the Company may have against you.

The Company reserves the right to terminate, withdraw or suspend the supply of products or services and the Agreement, at any time for any reason on reasonable notice in writing to you. In such a cancellation event, the Company will refund the fees paid by you in advance for any remaining full months after the termination date.

9. Information

You confirm that the personal information you provide to the Company is accurate and complete and that you are duly authorised to provide the same. The terms of the Privacy Policy shall apply to our use of your personal information. In addition, you authorise the Company to (i) transfer or disclose your personal information to any other parties as is necessary for the administration of its business and research or if required to disclose such information as required by law; and (ii) use your personal information to provide you with information about any offers, products or services available from the Company from time to time. You may choose to opt-out of being contacted by the Company by ticking the opt-out box on your Purchase Request or by notifying the Company at any time whilst the Agreement is in force.

10. Assignment and Resale

This Agreement is for a single user. The use of the products or services provided under the terms of this Agreement is limited to one designated user. The use of the service by more than one individual user or company, either simultaneously or otherwise will require the provision of additional subscriptions.

You will not without prior written consent of the Company re-assign, re-sell or in any other way transfer the product or service or any of your rights or obligations under the terms of this Agreement. The Company may transfer all or any part of its rights or obligations under this Agreement to another party in which event your rights and obligations under the Agreement will not be affected.

11. Force Majeure

The Company will not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of the Company, including without limitation Internet outages, communications outages, fire, flood war or act of God.

These terms shall survive any termination of this Agreement.

12. Notice

a. Any notice to be given under or in connection with the Agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally or sending it by pre-paid recorded delivery or guaranteed delivery or by facsimile, in the case of the Company to the address, facsimile number or e-mail address and marked for the attention of the individuals set out in Condition 12b, and in the case of you to the address, facsimile number or e-mail address and marked for the attention of the individual set out in the Purchase Request. Any such notice shall be deemed to have been received:-

i. if delivered personally, at the time of delivery;
ii. in the case of recorded or guaranteed delivery post, forty eight (48) hours from the date of posting; and
iii. in the case of facsimile or e-mail, at the time of completion of transmission, as evidenced by a transmission report confirming that all of the pages of the facsimile or e-mail were successfully transmitted.

b. Carnyx Group Ltd
For the attention of: Subscription Manager
4th Floor Mercat Building, 26 Gallowgate, Glasgow G1 5AB
Facsimile number: 0141 559 6050
E-mail: accounts@carnyx.com

c. Alternatively, notices can be submitted via your Drum account page at www.thedrum.com/account/signin

13. Liability

The Company’s liability for any breach of the Agreement shall be limited to the value of the Annual Subscription Fee.

The Company shall not in any event be liable for: (i) any loss of profit, revenue, business, contract, goodwill, or other financial or economic loss or damage; or (ii) any indirect loss or damage which is not reasonably foreseeable as likely to occur in the ordinary course of events.

The Company does not exclude or restrict its liability for fraud, death or personal injury resulting from its negligence or that of its agents or for any other liability that it cannot restrict or exclude by law, and nothing in this clause 13 shall operate to exclude, restrict or limit this liability.

14. Miscellaneous

The Company shall not accept any amendments to this Agreement unless signed by an authorised signatory of the Company.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain enforceable.

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right. This Agreement constitutes the entire agreement between you and the Company.

The terms of this Agreement shall be governed by the laws of Scotland and are subject to the non-exclusive jurisdiction of the Scottish courts.