All Island Media Terms of Website Use
Date of last review: February 13, 2024
Welcome to All Island Media Ltd (“AIM”), the parent company of the Jersey Evening Post Ltd, and Lighthouse Media (CI) Ltd.
All three companies are registered in Jersey.
Bailiwick Express, and its related brands, are provided by Lighthouse Media (CI) Ltd, trading as Bailiwick Publishing (BP).
The Jersey Evening Post, and its related brands, are provided by Jersey Evening Post Ltd (JEP).
AIM’s registered office is 9, Bond Street, St. Helier, Jersey, JE2 3NP.
Our postal address is PO Box 582, Jersey, JE4 8XQ.
AIM’s Directors are John Davey, James Filleul, Frank Walker, Matthew Corbin and Tom Hacquoil.
By accessing any AIM website (the “Sites”) you are agreeing to the following terms, whether as a guest, or an AIM registered member, and whether you use the Sites for domestic and private use, or for any commercial or business purposes (including, without limitation, where you are engaged to do so by us).
If you do not accept these Terms, please refrain from using the Sites.
We may change these Terms from time to time, so you should review them regularly. The date that we last updated the Terms will be set out above.
1. General
These Terms refer to the following additional terms, which also apply to your use of our Sites and form part of these Terms:
- - Our Privacy Policy, which includes our Cookie Policy, and sets out the terms on which we process any personal data we collect from you, or that you provide to us, and the information about the cookies on our Sites. By using our Sites, you consent to such processing, and you warrant that all data provided by you is accurate.
- - Our Comment Policy, which sets out the rules to ensure it remains a safe and informative space for all users.
These Terms and the other policies constitute the entire agreement, superseding any prior agreements.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
2. Accessing our Sites
- Access to the Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Sites without notice (see below).
- We do not guarantee that the Sites or any content on it, will always be available or be uninterrupted, and we will not be liable if for any reason the Sites is unavailable at any time or for any period.
- From time to time, we may restrict access to some parts of our Sites, or our entire Sites, to users who have registered or subscribed with us.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
- We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
- You are responsible for making all arrangements necessary for you to have access to our Sites (including without limitation ensuring that you have the correct equipment, infrastructure and browser to access the Sites).
- You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these Terms, and that they comply with them.
3. The Site changes regularly
- We aim to update the Sites regularly and may change the content at any time. If the need arises, we may suspend your access to the Sites, or close it indefinitely.
- Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.
4. Registration, Passwords and Responsibilities
- Certain areas of the Sites are only open to you if you register for an account with AIM.
- You must be 16 years old or older to register and submit material (e.g. comments) to the Sites.
- Only one registration per person is allowed. You are responsible for keeping your registration information up to date.
- On registration, you must provide us with an email address which gives you frequent access to emails sent to that address, as we need to be able to contact you.
- You are solely responsible for the confidentiality and use of and access to the Sites using your username, password, and/or I.D.
- You must not: (i) impersonate or try to impersonate another person; (ii) disclose your password to anyone else; (iii) allow anyone else to use your account; (iv) use anyone else’s account.
- You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you agree to immediately notify us as soon as possible by emailing subscriptions@allisland.media.
5. Data Storage and security
AIM never give, rent, or sell access to your data to anyone else, nor do we make use of it ourselves for any purpose other than to provide our services.
- By setting up an account with AIM you are agreeing to give us basic data such as your name and email address for the purpose of sending information to you electronically. You can choose the information you don’t want to receive in your account preferences. If you would like to stop receiving any information from AIM, or just alter your preferences, please amend your settings in ‘My Account’.
- If you choose to unsubscribe from all emails, we will still retain your account, including your name and email address. If you would like us to delete your account completely, removing all data held about you on our systems, please email subscriptions@allisland.media, including your full name and email address, and we will action it within fourteen days of receiving that email.
- Our emails are distributed by a separate company trading as Campaign Monitor, who hold your name and email information for the specific purpose of sending AIM emails, in line with your preferences. You can read their data privacy policy here.
- When paying for a service, you will need to give some financial information in order to complete your purchase. That information is not held by AIM, as the payment is processed by a separate payment provider, such as WorldPay.
- If you are a business booking advertising space, then we will retain the contact name and details that you supply for the purpose of invoicing you for the service we provide. That data will be stored on our system for a period of at least three years after your last transaction with us, unless you ask us to delete it by emailing subscriptions@allisland.media.
- If you send us information for the purposes of publication, which includes something you later judge to be personal data, then you are giving us your permission to publish it. We will consider requests to remove content from our Sites, based on the individual circumstances of the case, the relevant legislation and regulatory guidelines, and the public interest in keeping the information in the public domain; requests to remove items from our sites should be made in writing to either editor@bailiwickexpress.com or editorial@jerseyeveningpost.com.
6. Using the Sites
- You are solely responsible for all information that you submit to the Sites and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. If we believe that you are breaching these Terms in any way and/or behaving suspiciously on the Sites, services, applications or tools, we may, at our discretion, inform other AIM users that have been in contact with you and recommend that they exercise caution.
- As a condition of your use of the Sites you agree that you will not:
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- - violate any laws;
- - violate the Posting Rules;
- - post any threatening, abusive, defamatory, obscene or indecent material;
- - post or otherwise communicate any false or misleading material or message of any kind;
- - infringe any third party right;
- - distribute spam, chain letters, or promote pyramid schemes;
- - distribute viruses or any other technologies that may harm AIM or the interests or property of AIM users;
- - impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of AIM;
- - copy, modify, or distribute any other person's content without their consent;
- - use any robot spider, scraper or other automated means to access AIM and collect content for any purpose without our express written permission;
- - harvest or otherwise collect information about others, including email addresses, without their consent;
- - copy, modify or distribute rights or content from the AIM sites, services, applications or tools or AIM's copyrights and trademarks;
- - harvest or otherwise collect information about users, including email addresses, without their consent;
- - bypass measures used to prevent or restrict access to AIM; or
- - sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
3. You agree:
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- Not to reproduce, duplicate, copy or re-sell any part of our Sites in contravention of the provisions of our terms of websites use.
- Not to access without authority, interfere with, damage or disrupt:
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- - any part of our Sites;
- - any equipment or network on which our Sites is stored;
- - any software used in the provision of our Sites; or
- - any equipment or network or software owned or used by any third party.
7. Abusing AIM
- Please report problems, offensive content and policy breaches to us immediately using the onsite reporting facility, or emailing either editor@bailiwickexpress.com or editorial@jerseyeveningpost.com.
- Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the Sites if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing AIM employees or other users).
- However, whether we decide to take any of these steps, remove hosted content or keep a user off the Sites or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on the Sites or use by users.
8. Suspending or terminating your registration
- We may suspend, terminate or prevent your registration at our sole discretion. This may be because, for example, we consider that you have breached or will breach these Terms or our Acceptable Use Policy or someone has reported abuse.
- Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (e.g. using someone else’s registration), without our permission. The period of any suspension depends on all the circumstances and shall be at our discretion.
9. Competitions
- The promoter is AIM, whose registered office is at PO Box 582, Jersey, JE4 8XQ.
- Employees of AIM or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
- There is no entry fee and no purchase necessary to enter our competitions.
- Closing date for entry will be at the end of the month the competition is launched unless otherwise stated in the specific Terms and Conditions of the competition. After this date no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability, and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- Winners will be chosen at random from all entries received and verified by Promoter and/or its agents. Unless otherwise stated, competitions are not open to individuals under 18 years old. You must confirm age when contacted.
- The winner will be notified by email and/or letter within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner.
- The promoter will notify the winner when and where the prize can be collected.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering a competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- The competition and these terms and conditions will be governed by Jersey law and any disputes will be subject to the exclusive jurisdiction of the courts of Jersey.
- The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Jersey data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- Entry into the competition will be deemed as acceptance of these terms and conditions.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Meta, X or any other Social Network. You are providing your information to AIM and not to any other party unless otherwise stated. The information provided will be used in conjunction with the following Privacy Policy.
10. Advertising Fees
- You are responsible for paying the advert fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
- You acknowledge that your ads may be deleted from the Sites, services, applications or tools in case we believe these Terms, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee.
- However, we reserve the right not to refund the users for any fees paid through use of our sites, services, applications and tools in the following cases:
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- - If you breach, in our opinion, these Terms, which include, without limitation, the Posting Rules;
- - If your ads went live with exposure on the Sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
- - If your ads are placed into "edit" mode and will go live to site once updated by you;
- - If you have removed your ads yourself;
- - If you post duplicate ads;
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- - If we believe that your ads are in the wrong category.
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Please note that the above list is not exhaustive.
11. Subscriptions
- Click here to view our Subscription Terms and Conditions.
12. Intellectual Property Rights and Protection
- AIM are the owner or the licensee of all intellectual property rights in the Site and in the material published on it (including without limitation the content, rights in computer software including source and object code, trade marks, logos, trade names, domain names, copyright and related rights (including without limitation in the text, photographs and layout), moral rights, look and feel, database rights, rights in designs, patents, rights to inventions, rights in get-up, goodwill and the right to sue for passing off, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world). Those works are protected by laws and treaties around the world. All such rights are reserved.
- You may not use or reproduce or allow anyone to use or reproduce any trade-marks, names, logos or other trade names appearing on the Sites for any reason without written permission. The software which operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
- You may print off one copy, and may download extracts, of any page(s) from the Sites for your personal reference. You may draw the attention of others within your organisation to material posted on our Sites.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.
- You must not use any part of the materials on the Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of the Sites in breach of these Terms, your right to use the Sites will cease immediately (and you must, at our option, return or destroy any copies of the materials you have made).
- Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale).If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed.
- We use music in our Bailiwick Podcasts, and you can find out more here.
13. Linking to and from our Sites
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
- If you wish to make any use of material on the Site other than that set out above, please address your request to either editor@bailiwickexpress.com or editorial@jerseyeveningpost.com.
- Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
14. No Warranty, Disclaimer of Liability and Indemnity
- Whilst every effort has been made to ensure the high quality and accuracy of the Sites, AIM makes no warranty, express or implied concerning the Content, the Sites, software or products or services available through the Sites (the "Site Services"), which are provided "as is".
- AIM expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will AIM, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if AIM has been advised of the possibility that such damages may arise. AIM does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties. You should use your own virus protection software.
- In no event will any liability of AIM, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms exceed the amount, if any, paid by you in respect of the particular Site Service to which the claim relates.
- Upon AIM's request, you agree to defend, indemnify and hold harmless AIM from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
- Nothing in these Terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
- Commentary, user generated content, uploads and comments from the public and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We do not moderate or validate users' postings and are not involved in the actual transactions between users. As most of the content on the Sites comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Sites, or by anyone who may be informed of any of its contents.
- In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
- Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use the Sites, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
- The Sites are intended for use by CI and UK residents only and only in relation to their activities within the United Kingdom. Under no circumstances should you apply or rely on any information contained in the Sites if you are outside the United Kingdom.
15. Hacking and other offences
- We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
- You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
- You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this section 11, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
16. Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
17. Governing Law and Jurisdiction
- These Terms shall be governed by, and construed in accordance with, Jersey law. The parties irrevocably agree that the The Royal Court of Jersey shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Jersey courts.
- For the exclusive benefit of AIM, AIM shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
18. Force Majeure
AIM, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
19. Miscellaneous
- Advertising, Third Party Content and other Websites. Parts of the Sites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. AIM is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Sites may contain links to other websites. AIM is not responsible for the availability of these websites or their contents.
- Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by AIM.
- Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
- Notices must be given in writing by letter and sent to AIM’s registered office.
- Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in the Island of Jersey within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
- Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
- Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
- For the exclusive benefit of AIM, AIM shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.