Terms of Use

What's On In Wing ("WOiW", the "Publication", "we", "us", "our") is a free monthly community publication serving Wing, Leighton Buzzard and the surrounding villages. The Publication and this website (the "Site") are published by What's On Publishing CIC, 12 Overstone Close, Wing, Leighton Buzzard, England, LU7 0TE (registered number 14178082). References to "we", "us" and "our" mean What's On Publishing CIC.

"You" means any person who accesses or uses the Site, reads the Publication online or in print, submits material, enquires about or places advertising, or otherwise deals with us in connection with What's On In Wing. If you act on behalf of an organisation, you confirm that you have authority to bind that organisation, and "you" includes that organisation.

"Content" means all text, images, graphics, logos, layout, branding, PDFs, audio, video, data, software, compilation, selection and arrangement of materials, and any other materials appearing in the Publication or on the Site.

"User Content" means any article, photograph, image, listing, letter, message, advertising copy, artwork, logo or other material you submit to us by any means (including forms on the Site and email).

Contact: admin@whatsoninwing.info or our contact page.

By accessing or using the Site, downloading any PDF or other materials, submitting User Content, or requesting or placing advertising, you agree to be bound by these Terms of Use in full. If you do not agree, you must not use the Site or deal with us in connection with the Publication.

These Terms of Use must be read together with our Privacy & Cookies Policy. In the event of conflict on personal data matters, the Privacy & Cookies Policy prevails for those matters only.

Where a separate written advertising agreement, insertion order, rate card or booking confirmation exists between you and us, that document prevails over these Terms of Use to the extent of any conflict relating to that advertising booking, but these Terms of Use continue to apply to your use of the Site and to all other matters.

You must be at least 18 years old, or have the consent and supervision of a parent or guardian, to submit User Content or place advertising. The Site is not directed at children and we do not knowingly collect personal data from children via the Site.

We provide a free monthly community newsletter in print and online, together with related materials on the Site including (without limitation) the newsletter archive, article pages, trade directory listings, contact and submission forms, and information about advertising.

Print distribution is voluntary and free where our volunteer network allows. We do not guarantee delivery to any particular address, household or area, nor any particular print run, circulation figure, publication date or online availability.

We may, at any time and without liability to you: (a) modify, suspend, withdraw or discontinue the Site or any part of it; (b) change the format, frequency, content or distribution of the Publication; (c) refuse, edit, delay or remove any Content or User Content; or (d) restrict access to the Site for maintenance, security, capacity or any other reason. We will not be obliged to give prior notice.

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for lawful personal and community purposes, including reading the Publication online, viewing the trade directory, and contacting us.

Except as expressly permitted in these Terms of Use, you must not:

• copy, reproduce, republish, download (other than for personal reading or temporary caching), distribute, transmit, display, sell, rent, lease, lend, modify, adapt, translate, create derivative works from, or commercially exploit any Content;
• remove, obscure or alter any copyright, trade mark or other proprietary notices;
• frame, mirror, deep-link or embed any part of the Site in a manner that misrepresents the source of the Content or suggests endorsement by us without our prior written consent;
• use any robot, spider, scraper, crawler, data-mining tool or similar automated means to access, extract or index the Site or Content, except for publicly available search engines operating in accordance with our robots.txt file;
• reverse engineer, decompile or attempt to extract source code from any software underlying the Site, except to the limited extent permitted by applicable law;
• use the Site or Content to train, develop or improve any artificial intelligence, machine-learning or similar system without our prior written consent.

You may share ordinary hyperlinks to publicly available pages on the Site, and you may print or save reasonable extracts for personal or genuine community use (for example a club noticeboard), provided you credit What's On In Wing as the source and do not suggest that we endorse any person, product, service or organisation unless we have agreed that in writing.

PDF downloads and digital editions are licensed for your personal, non-commercial use only. You may not redistribute a full issue or substantial part of an issue, whether for payment or otherwise, without our prior written consent.

You agree that you will not, and will not attempt to:

• use the Site for any unlawful, fraudulent, harmful or malicious purpose;
• upload, transmit or introduce viruses, malware, ransomware, spyware or other harmful code;
• interfere with, disrupt, overload or attack the Site, its servers, networks or security features, or other users' enjoyment of the Site;
• gain, or attempt to gain, unauthorised access to any part of the Site, accounts, systems or data;
• impersonate any person or organisation, or misrepresent your affiliation with any person or organisation;
• harvest or collect email addresses, personal data or other information from the Site for spam, marketing lists or any similar purpose;
• submit or publish any material that is defamatory, obscene, indecent, offensive, discriminatory, harassing, threatening, misleading, or that infringes any intellectual property, privacy, confidentiality or other right;
• use the Site in any way that could damage the reputation of What's On In Wing, the Trust, our volunteers, advertisers or the communities we serve.

We may investigate suspected breaches, remove Content or User Content, suspend or block access, and report matters to law enforcement or regulators where we reasonably consider it appropriate.

All intellectual property rights in the Site and the Publication — including copyright, database rights, design rights, trade marks, trade names, logos, get-up and goodwill — belong to the Trust or are licensed to the Trust. All rights are reserved.

The names "What's On In Wing", "WOiW", related logos and branding, and the compilation of each issue of the Publication are protected. Nothing in these Terms of Use transfers any ownership of intellectual property to you.

Third-party trade marks and logos appearing in advertisements or contributor material remain the property of their respective owners. Their appearance does not grant you any licence to use them.

If you believe any Content infringes your rights, please notify us promptly at admin@whatsoninwing.info with full details. We will consider genuine notices and may remove or amend material at our discretion.

By submitting User Content you represent, warrant and undertake that:

• you are the sole owner of the User Content or you have obtained all necessary licences, consents, releases and permissions (including from any co-authors, photographers, subjects, rights holders and organisations) to submit it and for us to use it as set out in these Terms of Use;
• the User Content is true and accurate to the best of your knowledge and belief, and is not misleading;
• the User Content is not defamatory, discriminatory, obscene, offensive, indecent, threatening, harassing or otherwise unlawful;
• use and publication of the User Content will not infringe any copyright, moral right, trade mark, design right, database right, privacy right, confidentiality obligation, data protection right, contract or other right of any third party;
• where individuals (including children) are clearly identifiable in photographs or other images, you have obtained all consents required by law and by good community practice for publication in a free local newsletter and on the Site, including parental or guardian consent for children where required;
• the User Content does not contain any virus or other harmful component, and does not include personal data of third parties except where you have a lawful basis to provide it to us for publication or correspondence.

You grant the Trust (for What's On In Wing) a worldwide, irrevocable, perpetual, royalty-free, transferable, sub-licensable, non-exclusive licence to use, reproduce, edit, adapt, abridge, translate, store, archive, publish, distribute, communicate to the public, display and otherwise exploit the User Content in any media now known or invented later, in connection with the Publication, the Site, promotion of What's On In Wing, and the Trust's charitable purposes relating to the Publication. This licence survives termination of these Terms of Use in respect of material already published or archived.

To the fullest extent permitted by law, you waive (and agree not to assert) any moral rights in User Content as against us in so far as necessary to allow us to edit, abridge, format and publish it. Where waiver is not possible, you consent to our reasonable editorial changes.

We have absolute editorial discretion. We may accept, reject, edit, shorten, correct, caption, delay, withdraw or destroy User Content without notice and without giving reasons. Submission does not create any obligation to publish, reply, retain or return material. We do not accept liability for loss of or damage to material you submit.

You remain solely responsible for User Content. Publication by us does not mean we endorse your views or verify every statement.

Local advertising helps fund the free Publication. Advertisements and trade directory profiles are the sole responsibility of the advertiser. Inclusion does not constitute endorsement, recommendation or verification by What's On In Wing or the Trust of any business, product, service, price, claim or person.

Advertisers warrant that their advertising and directory materials: (a) comply with all applicable laws and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) and any other applicable Advertising Standards Authority rules; (b) are accurate, not misleading, and can be substantiated; (c) do not infringe any third-party rights; and (d) may lawfully be published by us.

We may refuse, postpone, amend (with your consent where practicable), suspend or withdraw any advertisement or directory entry that we reasonably consider unsuitable, unlawful, misleading, offensive, or inconsistent with the character of a community publication, or where payment is overdue. We do not guarantee position, neighbouring editorial, colour reproduction, exact publication date, circulation, or online prominence.

Rates, sizes, deadlines, proofs, artwork specifications, payment terms and cancellations are as set out in our then-current rate card and any written booking confirmation. See How to advertise. Unless otherwise agreed in writing, advertising fees are non-refundable once an issue has gone to print or the relevant digital edition has been published.

Any dealings between you and an advertiser (or between you and a person found via the trade directory) are solely between those parties. We are not a party to such dealings and accept no liability for them.

Content is provided for general community information only. It is produced largely by volunteers and depends on material supplied by clubs, residents, advertisers and other third parties. Dates, times, prices, contact details and other particulars may change or contain errors.

Nothing on the Site or in the Publication constitutes professional advice of any kind (including legal, medical, financial, safety or technical advice). You must make your own enquiries and verify important information with the relevant organiser, business, authority or adviser before acting on it.

You agree that you do not rely on any Content as a warranty, representation or contractual term except as expressly set out in these Terms of Use or in a separate written agreement with us.

The Site may contain links to third-party websites, social media platforms or services. Those links are provided for convenience only. We do not control and are not responsible for third-party content, availability, security, privacy practices or terms. Linking does not imply endorsement. Your use of third-party sites is at your own risk and subject to their terms.

Hosting, email, analytics (where consented) and similar service providers act for us under contract. Interruptions or failures of those services may affect the Site without liability to us beyond what these Terms of Use otherwise provide.

To the fullest extent permitted by applicable law, the Site, the Publication and all Content are provided on an "as is" and "as available" basis, free of charge (except paid advertising services, which are supplied subject to the applicable booking terms).

We exclude all warranties, conditions, representations and guarantees of any kind, whether express or implied (including as to accuracy, completeness, timeliness, satisfactory quality, fitness for a particular purpose, non-infringement, uninterrupted availability, or freedom from errors or harmful components), except those that cannot be excluded by law.

Nothing in these Terms of Use excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited under the laws of England and Wales.

Subject to the preceding paragraph, and to the fullest extent permitted by law:

• we shall not be liable for any loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of opportunity, loss of goodwill, loss of data, or any indirect, consequential, special or punitive loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable;
• we shall not be liable for any loss or damage arising from your reliance on Content, from User Content submitted by you or others, from advertising or directory listings, from third-party sites, from inability to access the Site or receive a print copy, or from any decision by us not to publish or to withdraw material;
• our total aggregate liability to you arising out of or in connection with these Terms of Use, the Site or the Publication (other than under a separate written advertising contract, which may specify its own cap) shall not exceed fifty pounds sterling (£50);
• you acknowledge that the Publication is a free community service run with volunteer support, and that the limitations in this section are reasonable.

To the fullest extent permitted by law, the publisher's directors, officers, volunteers, agents and contractors shall have no personal liability to you for any act or omission in connection with the Site or the Publication, except for liability that cannot be excluded by law.

If you are a consumer, nothing in these Terms of Use affects your non-excludable statutory rights.

You agree to indemnify, defend and hold harmless What's On Publishing CIC, What's On In Wing, and their directors, officers, volunteers, agents and contractors from and against all claims, demands, proceedings, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your User Content; (b) your advertising or directory materials; (c) your breach of these Terms of Use or of the warranties in them; (d) your misuse of the Site or Content; or (e) your infringement of any third-party right.

We may, at our option, control the defence of any indemnified claim. You will co-operate fully and will not settle any claim that imposes any obligation on us without our prior written consent.

We shall not be liable for any failure or delay in performing our obligations where that failure or delay results from circumstances beyond our reasonable control, including (without limitation) illness or unavailability of volunteers, printing or distribution failures, postal disruption, industrial action, power or internet outages, cyber-attack, failure of suppliers, fire, flood, epidemic, pandemic, extreme weather, war, terrorism, or acts of government.

We may suspend or terminate your access to the Site, refuse further submissions or advertising, and/or remove Content or User Content immediately if you breach these Terms of Use, if we reasonably suspect misuse, or if we discontinue the Site or Publication.

Provisions which by their nature should survive (including intellectual property, licences already granted in User Content, disclaimers, limitations of liability, indemnity, and governing law) shall survive termination.

Our processing of personal data and use of cookies is described in our Privacy & Cookies Policy. By using the Site you acknowledge that policy. Consent for non-essential cookies is managed through our cookie banner and settings.

We may amend these Terms of Use at any time by posting the updated version on this page and revising the "Last updated" date. The updated terms take effect when posted. Your continued use of the Site or continued submission of User Content or advertising after changes take effect constitutes acceptance of the updated terms. If you do not agree, you must stop using the Site and discontinue dealing with us under these terms.

Notices to us under these Terms of Use must be sent by email to admin@whatsoninwing.info or via the contact form. Notices to you may be given by email to an address you have provided to us, or by posting on this page, and are deemed received when sent or posted (or, if that is not a business day in England, on the next business day).

Entire agreement. These Terms of Use, together with the Privacy & Cookies Policy and any separate written advertising agreement, constitute the entire agreement between you and us in relation to their subject matter and supersede all prior discussions and understandings relating to that subject matter.

Severability. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.

Waiver. No failure or delay by us in exercising any right under these Terms of Use shall constitute a waiver of that or any other right. Any waiver must be in writing to be effective.

Assignment. You may not assign, transfer or subcontract your rights or obligations under these Terms of Use without our prior written consent. We may assign or transfer our rights and obligations to another organisation that continues What's On In Wing, and you consent to such assignment.

Third-party rights. Except for What's On Publishing CIC and the persons protected under the indemnity and personal-liability provisions (who may enforce those provisions), a person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them. This does not affect any right or remedy of a third party that exists apart from that Act.

Relationship. Nothing in these Terms of Use creates a partnership, joint venture, employment or agency relationship between you and us.

Language. These Terms of Use are provided in English. If translated, the English version prevails in the event of conflict.

These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim, except that if you are a consumer resident in another part of the United Kingdom or the European Union (while UK/EU consumer jurisdiction rules so provide), you may also bring proceedings in your local courts where mandatory law allows, and nothing in this clause deprives you of any mandatory consumer protections of your place of residence.

Questions about these Terms of Use may be sent to admin@whatsoninwing.info.