Terms And Conditions
Hidden is part of the Total Sense Media group - UNIT 4, Regent Business Centre, Jubilee Rd, Burgess Hill RH15 9TL. These terms and conditions are in line with Total Sense Media's terms and conditions, and the T&Cs for all associated/sister company brands (Sussex Living, More Radio, Beacon and Isle Of Wight Radio).
By joining Hidden as either a freemium or premium member, you agree to these terms and conditions and agree for us to store the personal data you provide, which we may use to contact you on occasion for marketing purposes. Data will not be shared with any external parties (unless you additionally consent through one of our competitions or events) though your data may be shared with one of our other associated/sister company brands (see above) for marketing purposes only.
We agree to be bound by any prevailing law, judgement, directive or Statutory Instrument that imposes upon us restrictions concerning the use in any manner of confidential information supplied by you to us including credit card or bank details, any user name and or password supplied by you to us, and other details relating to your personal and financial circumstances.
However, we reserve the right to trade with any third party details relating to the date of your purchase, the nature of the goods or services you bought, the method by which and how much you paid for the goods or the services.
As a result of accessing our website a “cookie has been stored on your web browser that enables us to provide restricted information to third parties. If you wish to remove the cookie or check that the information stored is accurate please refer to the Internet options on your Internet Explorer, Netscape Communication or another such system that serves the same function.
- Entering Competitions/registering for events and ballots
By entering any of our competitions, you agree that data may need to be shared with the external client in the event of a member winning a prize, and that you consent to this data being shared for the purposes of receiving a prize only. By registering for any of our event ballots, or purchasing a tickets through our events section, you agree that data may need to be shared with the external client for the purposes of security when attending the event, possibly to verify your identity.
Hidden is not responsible for providing any refunds or compensation to a balloted event should one be cancelled. Hidden will endeavour, along with the event organiser, to provide an alternative date should a balloted event be cancelled, although no guarantees can be made.
Please note that Hidden vouchers (accessible through the voucher store) are non-refundable unless an event, product or service booking is cancelled or postponed.
If an event, product or service booking is cancelled by the organiser prior to taking place, then we will automatically issue refunds to all those who have purchased vouchers. Please allow up to 10 working days for the refund to be processed following the initial announcement. If more than 180 days has passed since the date of your transaction, please note this may take longer.
If an event, product or service booking is postponed, or significant changes are made that we feel will decline the quality of the event and warrants the offer of a refund, then a member of our team will be in touch to offer you a refund with a deadline of responding. Important: This email will be sent to the email address you have registered with Hidden. Please ensure you check your inbox regularly, including your junk and spam, for any updates in relation to this event. Refunds will not be given after the deadline offered has expired.
- Premium members
When joining our premium subscription, Hidden members agree to be tied into the subscription for 12 months. A premium subscription is non-refundable - a refund will only be given in the event of us failing to provide you with access to any of our ballots or included events. Ballots are not guaranteed when registering but Hidden will commit to ensure you receive the value of a year's subscription (£19.99) through our ballots and premium events during your 12-month subscription (on the basis you register for ballots and premium events). It is the members' responsibility to register for ballots - Hidden is not responsible for providing a refund if a member does not register for any ballots or attend any included events which we have provided the option for.
Please note some premium events may require an extra cost. All ballots and premium events will include entry for at least the member and a plus one. As mentioned in the 'registering for events and ballots' section above, Hidden is not responsible for providing any refunds or compensation to a balloted event should a balloted event be cancelled. Hidden will endeavour, along with the event organiser, to provide an alternative date should a balloted event be cancelled, although no guarantees can be made.
By registering for our ballots you agree to any additional terms and conditions which Hidden or the event organiser may provide upon acceptance of your registration to a balloted event.
- Bookings (for clients)
In these conditions “Advertiser” means the Agency or the Client if a Booking is made by the Client direct. “Agency” means the person, firm, or company engaged by the Client to select and purchase advertising space on its behalf and includes its successors in title and assigns; “Booking” means all booking of advertisements; “Client” means the person, firm or company wishing to advertise products and/or services in the Publication and includes its successor in title and assigns; “Copy” means any advertising materials or content supplied by or on behalf of the client in the form intended for publication by Hidden as part of Total Sense Media Ltd; “Copy Deadline” means the date and time by which the Copy must be submitted to Hidden as stated by Hidden; “Publication” means the magazine specified by Advertiser; “Publication Date” means the date which the publication is made available for general circulation. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa.
1 Subject to cl. 2, any Booking made by Advertiser will be on the Terms set out in this document. By making a Booking Advertiser accepts in full these Terms in respect of the Booking and in respect of any further Booking made by the Client and/or Agency. These Terms shall apply to all Booking made by telephone, letter, facsimile, e-mail or any other means.
2 These Terms are an invitation to treat and as such do not constitute a binding offer to enter into a contract. Any Booking made by Advertiser will upon receipt by Advertiser of Hidden’s Order Acceptance document create a binding contract between Sussex Living Ltd and Advertiser.
3 Advertiser shall deliver the Copy to arrive at Hidden by the Copy Deadline, such copies to be produced in any format that conforms to Hidden’s requirements as notified by Hidden to Advertiser. Hidden reserves the right to charge for production work and any other additional work that Hidden may be required to undertake.
4 Hidden may in exceptional cases and at its own discretion accept Bookings and Copy after the Copy Deadline. Such acceptance shall not impose any obligation whatsoever on Hidden to accept any other Booking or Copy after the Copy Date.
5 At Hidden’s discretion payments may be subject to a deduction for advertising agency commission at the rate agreed between the Client and the Agency up to 10% of the relevant invoice. Save for such commission there shall be no deductions or withholdings whatsoever. All sums shall be paid together with any VAT or other sales tax applicable.
6 Advertiser shall pay all invoices within the terms agreed. All sums shall be paid together with any VAT or other sales tax applicable.
7 Debt recovery costs and interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due to the maximum extent permitted by The Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debt Regulations 2002 as amended, extended, consolidated or replaced from time to time.
8 In the event of late payment, Hidden reserves the right to waive any agreed discounts and other services such as online support.
9 Hidden shall be entitled to cancel any Booking without incurring any liability to Advertiser.
10 In no circumstance does the placing of any Booking convey the right to renew on similar terms.
11 In the event that Advertiser wishes to cancel any Booking it shall notify Hidden in writing.
12 Notification of cancellations, need to be received before the 10th of the month relevant to the issue we are working on. After this date a cancellation fee of 25% of the booking will be payable.
13 Subject to cl. 14 in the event that Advertiser terminates, cancels or fails to fulfil its obligations under a contract in which Hidden and Advertiser have agreed a time period in which Advertiser shall book an agreed number of advertisements at rates notified by Hidden to
the Contacting Party, Advertiser loses the right to a series discount to which it may have been entitled. In such event, Advertiser shall pay to Hidden a sum in respect of each of the advertisements placed, such sum representing the difference between the rate agreed under the said contract and the rate that is applicable for the number of advertisements actually
placed, such rate to be notified by Hidden to Advertiser.
14 Hidden reserves the right to increase the advertisement rates as notified by Hidden to Advertiser or to amend any terms agreed
between the parties as to space for the advertisement. In such event Advertiser has the option of cancelling the Booking without incurring a cancellation fee.
15 Hidden shall be entitled to amend, edit, withdraw or otherwise deal with any Copy at its absolute discretion and without giving prior notice.
16 Advertiser warrants and undertakes that: a) all necessary licenses and consents for publication of any Copy have been obtained and, where applicable, paid for including (but not limited to) copyright in the Copy; b) no Copy nor any part of any Copy (including illustrations or quotations) infringes the copyright, trade marks or database rights or any other right of any third party; c) the publication or issuance to the public or any ancillary use of any Copy in the Publication will not infringe the copyright of any third party; d) no
Copy contains any obscene, indecent, defamatory or in any other way unlawful material and that all factual statements contained in the Copy are true and will not expose Hidden to civil or criminal proceedings; e) all Advertisement Copies supplied by Sussex Living Ltd comply with the British Code of Advertising, Sales Promotion and Direct Marketing, the Trade Descriptions Act and any other Acts of Parliament or regulatory code; f) due and careful enquiry has been made to ensure that nothing contained
in the Copy may make its publication illegal or actionable for any reason;
17 Advertiser shall indemnify and shall keep Hidden indemnified against all actions, proceedings, costs, including without limitation legal costs, damages, losses, expenses, penalties, claims, demands and liabilities arising from either the publication of the advertisement or any breach of any warranties given by Advertiser in accordance with these Terms.
18 Hidden disclaims all liability for any loss or, damage, consequential or otherwise, occasioned by error, late publication or the failure of an advertisement to appear from any cause whatsoever.
19 In the event of any Copy not being received by the Copy Deadline, Hidden reserves the right to repeat the copy last used. In such event Hidden shall not be responsible for making any changes in that copy, unless these are confirmed in writing and in time for the changes to be made. Hidden reserves the right to charge for any additional expense involved in such changes.
20 Hidden reserves the right to destroy all material that has been in its (or its printers) custody for one year provided that Advertiser has not given instructions to the contrary. Hidden may exercise his right under this clause without giving further notice to Advertiser.
21 Hidden shall have the right to terminate any agreement between Hidden and Advertiser to which these Terms apply by notice to Advertiser if Advertiser either a) fails to make any payment due to Hidden by the due date and such failure continues for 15 days after the due date; or b) is in breach of any warranty or fails to comply with any of its material obligations under any agreement between the parties or these Terms and in either case does not remedy the same (if capable of being remedied) within 30 days of receipt of notice in writing from Hidden specifying the breach or failure and calling for the same to be remedied; or c) compounds or makes arrangements with its creditors or becomes insolvent or if any order is made or resolution passed for its liquidation, winding up or dissolution or if a receiver or manager or administrative receiver or administrator is appointed over the whole or a substantial part of its assets or of anything analogous to or having substantially similar effect of any such events shall occur under the laws of any applicable jurisdiction; or d) is unable to perform any of its obligations in circumstances set out in cl. 22 below for a continuous period of not less than 56 days.
22 Neither party shall be liable to the other in respect of any non-performance of its obligations by reason of any act of God, civil war or strife, act of foreign enemy, invasion, war, satellite failure, legal enactment, governmental order or regulation, industrial action, trade dispute, lock-out, riot or any other cause beyond their respective control provided always that in any such event the duration of the agreement between the parties shall be extended over which such event continues, but otherwise such event will not affect any obligation of Advertiser to purchase any number of advertising spots between Advertiser and Hidden.
23 The rights and conditions set out in these Terms shall not be assigned by Advertiser without Hidden’s prior written consent.
24 Any notice or other information to be given by either party under these Terms shall be made by first class prepaid mail, facsimile transmission to the address above or to an e-mail address supplied by Hidden for the purpose for Hidden, and to the address or electronic e-mail address supplied by Advertiser to Hidden, and shall be deemed to have been communicated upon the date of actual delivery.
25 No waiver or any breach of any of these Terms shall be deemed to be a waiver of any other breach and no waiver shall be effective unless in writing.
26 No term or provision in these Terms shall be varied or modified unless agreed in writing and signed by the parties.
27 These Terms together with any other document incorporating these Terms shall constitute the entire agreement and understanding between the parties in relation to its subject matter. The parties acknowledge and agree that they have not relied on and shall have no right of action in respect of any representation, warranty or promise in relation to such subject matter unless expressly set out in this agreement save for such representation, warranty or promises made fraudulently.
28 These Terms or any agreement to which these Terms apply shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Court.
29 With regard to data protection Hidden commits to keeping your data secure and will not share it with a third party without
your prior permission. However, by accepting these terms you are agreeing that we may pass your details onto a third-party debt collection company or our legal representatives should you fail to pay invoices in line with our terms and conditions.