Terms and Conditions

Welcome to our website

General Website Terms Of Use

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.ice-cream.org (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale of Paid Content. 
 

1.             Definitions and Interpretation

1.1          In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Paid Content”

means digital content made available for sale via Our Site;

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to, title, name, surname, business name, business description, URL, postal address, telephone number, email address; and

“We/Us/Our”

means ICA, a company registered in England under 386175, whose registered address is 3 Melbourne Court, Pride Park Derby DE24 8LZ and whose main trading address is 3 Melbourne Court, Pride Park Derby DE24 8LZ.

2.             Information About Us

2.1          Our Site, www.ice-cream.org is owned and operated by ICA (The Ice Cream Alliance Ltd), a limited company registered in England under 386175, whose registered address is 3 Melbourne Court, Pride Park Derby DE24 8LZ and whose main trading address is 3 Melbourne Court, Pride Park Derby DE24 8LZ.  Our VAT number is 232662281.

3.             Access to Our Site

3.1          Access to Our Site is free of charge.

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3          Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
 

4.             Accounts

4.1          Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.

4.2          You may not create an Account if you are under 18 years of age.

4.3          When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4          We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at webmaster@ice-cream.org. We will not be liable for any unauthorised use of your Account.

4.5          You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6          Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.

4.7          If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

4.8          If you close your Account, any title, name, surname, business name, business description, URL, postal address, telephone number, email address you have created on Our Site will be deleted.

5.             Intellectual Property Rights

5.1          With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2          Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3          You may:

5.3.1      Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2      Download Our Site (or any part of it) for caching;

5.3.3      Print [one copy of any] page(s) from Our Site;

5.3.4      Download extracts from pages on Our Site; and

5.3.5      Save pages from Our Site for later and/or offline viewing.

5.4          Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5          You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

5.6          [Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]

6.             User Content

6.1          User Content on Our Site includes (but is not necessarily limited to) title, name, surname, business name, business description, URL, postal address, telephone number, email address.

6.2          An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

6.3          You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.

6.4          You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5          You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

6.6          If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7          We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

6.8          We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

7.             Links to Our Site

7.1          You may link to Our Site provided that:

7.1.1      you do so in a fair and legal manner;

7.1.2      you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3      you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

7.1.4      you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2          You may not link to Our Site from any other site the main content of which contains material that:

7.2.1      is sexually explicit;

7.2.2      is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.2.3      promotes violence;

7.2.4      promotes or assists in any form of unlawful activity;

7.2.5      discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.2.6      is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.2.7      is calculated or is otherwise likely to deceive another person;

7.2.8      is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.2.9      misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.2.10   implies any form of affiliation with Us where none exists;

7.2.11   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

7.2.12   is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.             Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9.     Liability and Disclaimers

9.1          Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  [Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.]

9.2          Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

9.3          We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning Paid Content for sale through Our Site.

9.4          To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

9.5          If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.6          If you are a consumer user, [please note that Our Site is intended for business use only, however] if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.7          We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.8          Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

9.9          The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of Paid Content.

10.          Viruses, Malware and Security

10.1       We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

10.2       You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3       You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

10.4       You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

10.5       You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6       By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

11.          Acceptable Usage Policy

11.1       You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

11.1.1   you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

11.1.2   you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3   you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4   you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2       When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

11.2.1   is sexually explicit;

11.2.2   is obscene, deliberately offensive, hateful or otherwise inflammatory;

11.2.3   promotes violence;

11.2.4   promotes or assists in any form of unlawful activity;

11.2.5   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

11.2.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

11.2.7   is calculated or is otherwise likely to deceive;

11.2.8   is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

11.2.9   misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

11.2.10   implies any form of affiliation with Us where none exists;

11.2.11   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

11.2.12   is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.3       We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, we may take one or more of the following actions:

11.3.1   suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

11.3.2   remove any User Content submitted by you that violates this Acceptable Usage Policy;

11.3.3   issue you with a written warning;

11.3.4   take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.3.5   take further legal action against you as appropriate;

11.3.6   disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.3.7   any other actions which We deem reasonably appropriate (and lawful).

11.4       We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

12.          Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policy, available from https://www.ice-cream.org/content/privacy-policy These policies are incorporated into these Terms of Use by this reference.

13.          Changes to these Terms of Use

13.1       We may alter these Terms of Use at any time. If we do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

13.2       In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14.          Contacting Us

To contact Us, please email Us at webmaster@ice-cream.org or using any of the methods provided on Our contact page at https://www.ice-cream.org/webform/contact

15.          Communications from Us

15.1       If we have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

15.2       We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 14 business days for us to comply with your request.  During that time, you may continue to receive emails from us.

15.3       For questions or complaints about communications from us (including, but not limited to marketing emails), please contact Us at webmaster@ice-cream.org or via https://www.ice-cream.org/webform/contact.

16.          Data Protection

16.1       All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

16.2       For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.ice-cream.org/content/privacy-policy
 

17.          Law and Jurisdiction

17.1       These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2       If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.3       If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

2. Current Conditions of Acceptance of All Advertisements or Inserted Material

  1. The Term ADVERTISER, as used in these conditions, means the party who books the space in the publication and is responsible for payment.
  2. The term PUBLISHER, as used in these conditions, means the PUBLISHER of the publication and shall include the company operating the advertisement department for the publisher.
  3. The term publication used in these conditions means the annual, journal, newspaper, website or other periodical for which the order was placed.
  4. These conditions shall apply to all the advertisements in or distributed with the publication and any supplementary or ancillary publication produced by the PUBLISHER. Where specific conditions apply either to display or classified this will be stated.
  5. The copyright in all advertisements shall belong to the ADVERTISER or alternatively shall be the subject of a licence in favour of the ADVERTISER and the ADVERTISER hereby indemnifies the PUBLISHER against any claim, damage or expenses arising from any claim for breach of copyright in respect of any advertisement inserted in space booked by the ADVERTISER.
  6. All advertisements must comply with the British Code of Advertising Practice.
  7. The PUBLISHER reserves the right to refuse, amend, withdraw or otherwise deal with an advertisement submitted to them at their absolute discretion and without explanation.
  8. All marketing communications should be legal, decent, honest and truthful.
  9. All marketing communications should be prepared with a sense of responsibility to consumers and to society.
  10. All marketing communications should respect the principles of fair competition generally accepted in business.
  11. No marketing communication should bring advertising into disrepute.
  12. The PUBLISHER shall not be liable 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 unless:-
    (a) resulting from the PUBLISHER’S negligence (as defined in Section 1 of the Unfair Contract Terms Act, 1977) such error, late publication or the failure of an advertisement to appear shall cause death or personal injury. The circumstances giving rise to such a loss or damage are such that the exclusion of responsibility for such loss or damage does not satisfy the requirement of reasonableness imposed by the Unfair Contract Act, 1977.
    or
    (b) Save as aforesaid the ADVERTISER will indemnify the PUBLISHER against any damage and/or loss and/or expense which the PUBLISHER may incur as direct or indirect consequence of the ADVERTISER’s announcement.
  13. Series discounts apply to advertisement orders placed in advance and completed within 12 months of date of first insertion. Failure to complete a series may result in a surcharge.
  14. The PUBLISHER may where necessary stipulate special charges and conditions for split runs, or other special requirements.
  15. In no circumstances does the placing of an order confer the right to renew on similar terms.
  16. The advertisement rates quoted are net of any tax that may be chargeable which will be added.
  17. The PUBLISHER reserves the right to increase advertisement rates at any time or to amend the terms of contract as regards space or frequency of insertion. In such event the ADVERTISER has the option of cancelling the balance of a contract without surcharge. If the ADVERTISER cancels the balance of a contract except in the circumstances of an increase in advertisement rates all unearned series discount will be surcharged. The PUBLISHER reserves the right to surcharge in the event of insertion not being completed within the contractual period.
  18. (a) The PUBLISHER reserves the right to refuse stop-orders, cancellations or transfers unless they are received not less than 35 days before the date of insertion for black and white advertisements, 12 weeks for colour advertisements and 12 weeks for special positions, or the specific copy deadlines of the publication whichever is the later. The PUBLISHER reserves the right to make a 50% charge for advertisements cancelled on or after a copy date.
    (b) The PUBLISHER also reserves the right to refuse stop-orders, cancellations or transfers of loose inserts unless they are received not less than 28 days before the date of dispatch of the publication.
  19. Where the ADVERTISER has undertaken to supply inserts which have been accepted and approved by the PUBLISHER, the PUBLISHER reserves the right to charge the rate agreed if they fail to arrive at the agreed time and place for insertion. Furthermore unless the ADVERTISER has agreed to pay any excess postage, the PUBLISHER reserves the right to withdraw the insert in the event of a higher postage rate being applied. When a PUBLISHER does refuse to accept inserts the cost incurred in producing inserts shall be borne by the ADVERTISER.
  20. Copy must be supplied without application from the PUBLISHER. In the event of the copy instructions not being received by the copy date the PUBLISHER reserves the right to repeat the copy last issue.
  21. If copy supplied for lineage advertisements exceeds the space ordered, the ADVERTISER will be liable for the additional costs on a pro rata basis.
  22. The PUBLISHER cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and in time for the changes to be made. The PUBLISHER reserves the right to charge for any additional expense involved in such changes.
  23. Copy matters provided for journals printed by litho and photogravure must confirm to the PUBLISHER’S requirements and any additional work involved may be charged for.
  24. Provided copy is received by the stipulated copy date the PUBLISHER will provide a proof of black and white display advertisements if it is practicable to do so. Any extra proofs will be charged for. Colour proofs will only be supplied at the request of the advertiser, and these will be charged for. Classified advertisement proofs are not supplied unless specially requested and then only for ‘displayed’ advertisements. Where proofs are required copy must be received 5 days earlier than the normal copy date, the PUBLISHER will then provide a proof. Any extra proofs will be charged for.
  25. One voucher copy will be provided for each display advertisement. The PUBLISHER will also supply tear sheets if required.
  26. The ADVERTISER shall be responsible for the insurance of all blocks, artwork and other advertisement material delivered by them to the PUBLISHER and the PUBLISHER cannot accept any liability for any loss or damage. After six months the PUBLISHER reserves the right to dispose of artwork, films and other advertisement material, with or without prior notification to the ADVERTISER, or their agent. The PUBLISHER may exercise this right without giving further notice to the ADVERTISER.
  27. Where the PUBLISHER provides a Reader Enquiry Service for the benefit of their readers he shall not be contractually bound to pass such enquiries to the ADVERTISER.
  28. Credit terms (account holders only) are net and must be settled within 30 days from the date of publication. Advertisements for non-account holders must be prepaid. If an account is overdue the PUBLISHER reserves the right to suspend insertions. The PUBLISHER also reserves the right to charge interest at the rate of 1.5% per month for each month or part of a month for which an account is overdue.
  29. Failure by advertising agents to pay accounts in accordance with our terms and conditions will make them liable to the following reductions in any commission otherwise allowed to agencies.
    (a) 3 per cent on the gross rate where the sum owing has not been paid on the due date.
    (b) A further 2 per cent making a total of 5 per cent, on the gross rate, where the sum owing remains unpaid one month or more after the due date.
  30. Notwithstanding anything in these conditions to the contrary neither the PUBLISHER nor the ADVERTISER shall be liable to each other for any loss or damage consequential or otherwise caused by or arising out of any Act of Parliament, Order in Council, Act of State, strike of employees, lock-out, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, Act of God or other similar contingency beyond the control of either of them.
  31. Without prejudice to the generality hereof these Conditions shall be read and construed in accordance with the provisions of the Unfair Contract Terms Act, 1977.
  32. Complaints regarding reproduction of advertisements must be received in writing within one calendar month of the cover date.
  33. The publisher (Ice Cream Alliance) cannot accept responsibility for any copy.
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