Terms and conditions relating to membership for company profiles

1 Who we are

1.1 The Gazette (which includes the London, Belfast and Edinburgh Gazette) is the Official Public Record and the United Kingdom’s longest continuously published newspaper. It is managed by The National Archives (a non-ministerial government department) under a concessionary contract with The Stationery Office (TSO) - the Publisher, as defined below. The Gazette is published online (in The Gazette website or via The Gazette mobile app), in print, and via data feeds (where customers pay for the convenience of receiving Gazette notices by an automatic data feed rather than by having to search for notices on The Gazette website, create a pdf of the notices they are interested in, or subscribing to a full printed or electronic version of The Gazette).

1.2 Notices received for publication can fall under the following broad headings: Church, Companies,  Environment and Infrastructure, Health and Medicine, Honours and awards, Money, Parliament and Assemblies, People, Royal Family and State.  Further information can be found at www.thegazette.co.uk

1.3 These terms and conditions ("Terms and Conditions") govern the Profile Membership (as defined below) from The Gazette.  By purchasing a Profile Membership from www.thegazette.co.uk (the "Website") you agree to be bound by these Terms and Conditions.  

1.4 The Publisher reserves the right to modify these Terms and Conditions at any time.  Such modifications shall be effective immediately upon publication of the modified terms and conditions.  By continuing to use the Profile Membership after the Publisher has published such modifications, the Company, including any principal (if applicable), agrees to be bound by the revised Terms and Conditions.

1.5 The agreement is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.

2 Definitions

2.1 Administrator means a Primary Administrator or Secondary Administrator;

2.2 Company or “you” the company or organisation that is the subject of the Profile Membership;

2.3 Company Profile the online profile for the Company;

2.4 Company Representative Director or Administrator;

2.5 Customised Data means anything uploaded to a Company Profile by the Company including (without limitation) website address, contact details, social media links, awards information, certifications, company logo. Company statement;

2.6 Data Protection Legislation means the EU General Data Protection Regulation (Regulation 2016/679), and any legislation which implements, amends, re-enacts or replaces it in England and Wales, Northern Ireland or Scotland, and any applicable regulations and/or guidelines, as amended from time to time; 

2.7 Digital Badge means the logo for The Gazette Company Profiles provided by the Publisher which contains a unique URL to the Company Profile;

2.8 Director means a director as defined by section 250 of the Companies Act 2006, as amended from time to time;

2.9 Director Identification Documents means the passport, birth certificate, proof of address of the Registered Director required for the purposes of verifying the identity of the individual claiming the Company Profile;

2.10 Event Outside Our Control means any act or event beyond the Publisher’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or act of God, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

2.11 Personal Data means ‘personal data’ as defined by the Data Protection Legislation;

2.12 Primary Administrator means the individual authorised by the Registered Director to administer the Company Profile on behalf of the Company;

2.13 Profile Membership means a Company’s 12-month or 30-day recurring membership for access to the Company Profile to enable the inclusion of Customised Data.

2.14 Publisher or “we” means The Stationery Office Ltd with registered company number 03049649, acting in accordance with the concessionary contract awarded by The National Archives;

2.15 Registered Director the Director or Administrator claiming the Company Profile and agreeing the Profile Membership on behalf of the Company;

2.16 Secondary Administrator means the individual(s) authorised by the Primary Administrator to access the Company Profile, with limited access rights;

2.17 Standard Profile means The Gazette insolvency notices and the Companies House information, but excluding customisation by the Company;

2.18 Website means www.thegazette.co.uk

3 General terms and conditions

3.1 These Terms and Conditions, together with the policies and documents referred to in it, will apply to all Profile Memberships for Company Profiles. Please read these Terms and Conditions carefully and make sure that you understand them, before purchasing a Profile Membership you will be asked to agree to these Terms and Conditions.  If you refuse to accept these Terms and Conditions, you will not be able to purchase any Profile Membership from the Website.

3.2 By purchasing a Profile Membership you confirm that you have authority to bind the Company on whose behalf you use the Website to purchase a Profile Membership.

3.3 These Terms and Conditions constitute the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter.

3.4 You acknowledge that in agreeing to these Terms and Conditions you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

3.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any representation or statement under these Terms and Conditions.

3.6 You should print a copy of these Terms and Conditions or save them to your computer for future reference.

3.7 We will amend these Terms and Conditions from time to time as set out in clause 1.4.  Every time you wish to purchase a Profile Membership please check these Terms and Conditions to ensure you understand the terms which will apply at that time.   

4 Other applicable terms

These Terms and Conditions refer to the following additional terms which also apply to your Profile Membership:

4.1 The Privacy policy which sets out the terms on which we process any Personal Data we collect from you or that you provide to us.  By purchasing a Profile Membership you consent to such processing and you warrant that all data provided by you is accurate.

4.2 The Cookie policy which sets out information about the cookies on the Website.  By continuing to use the Website you are agreeing to our use of cookies as explained in the Cookie Policy.

4.3 The Terms and conditions of website use which sets out the terms on which you are permitted to use the Website.

4.4 The Linking policy sets out the terms on which you can link to the website.

4.5 Reusing our data which explains the way in which you are permitted to re-use the data available on the Website. 

5 Contacting us

You may contact us by telephoning our customer service team at +44 (0)333 200 2434 or by e-mailing us at customer.services@thegazette.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms and Conditions, please see clause 21. 

6 Personal data

6.1 We only collect and process Personal Data in accordance with the Privacy policy and these Terms and Conditions.  Please take time to read the Privacy policy as it includes important terms which apply to you.

6.2 In addition to the Personal Data described in the Privacy policy, during the registration and verification process we may request the following information containing Personal Data which will be used for the purpose of verifying the identity of the Registered Director and completing the registration process for the Profile Membership:

a. The Registered Director’s full name, telephone number and email address; and

b. Director Identification Documents.

6.3 We will automatically delete the Director Identification Documents after one month. 

7 How the contract is formed between you and us

After you have completed the registration pages of the Website, we will verify the Registered Director details and subsequently send you an email asking you to follow a link to the Website to enter your payment details and activate your account.  Once payment has been taken from your account the contract between us is formed. 

8 Acceptable use

8.1 You must not use the Company Profile in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into the Website or any operating system.  You cannot use the Company Profile in a manner that could damage or compromise our systems or security or interfere with other users. You must not transmit any material that is (without limitation) defamatory, offensive or otherwise objectionable in relation to the use of the Company Profile or Website.

8.2 You must not infringe our intellectual property rights or those of any third party in relation to your use of the Company Profile.  

9 Intellectual property rights

9.1 Once the registration and payment process for the Company Profile is complete, the Publisher will provide you with a Digital Badge which shall contain a unique URL to your Company Profile.

9.2 You acknowledge that all intellectual property rights in the Digital Badge belong to us or our licensors, that rights in the Digital Badge are licensed (not sold) to you, and that you have no rights in, or to, the Digital Badge other than using it as described in this Agreement.

9.3 We grant you a non-transferable, non-exclusive licence to download, view, use and display the Digital Badge on the Company’s official website for the duration of the Profile Membership, subject to the terms of this Agreement.  You are expressly prohibited from modifying, distributing or using the Digital Badge for any other purpose unless you have our written permission.

9.4 At the end of the Profile Membership, you will remove the Digital Badge from the Company’s official website 

10 Accuracy of information

10.1 The information, including any Personal Data, published on the Standard Profile is obtained from a number of sources, primarily from within government or from other recognised notice placers, mainly in the legal or accounting professions or corporate bodies.

10.2 To the extent permissible by applicable law, the Publisher excludes any and all warranties (whether express or implied) relating to the quality, accuracy, performance or fitness for purpose of the Website or any of its contents including, but not limited, to the accuracy or completeness of the information published on the Standard Profile.  

11 Company warranties

The Company warrants:

11.1 that it has the right, power and authority to purchase the Profile Membership;

11.2 that all information it publishes via the Profile Membership is true, accurate, not misleading, and does not contain potentially fraudulent information;

11.3 that all information published via the Profile Membership is submitted in good faith, does not contravene any law (statutory or otherwise) and is not in any way illegal, defamatory or an infringement of any other party's rights or an infringement of the British Code of Advertising Practice (as amended and updated from time to time), nor is it blasphemous, pornographic or obscene in nature, nor is it subject to any court and/or regulatory order prohibiting such publication, in which case the Company has the sole and absolute discretion to refuse to publish and/or terminate the Profile Membership with immediate effect.  

12 Your account and password

12.1 If the Company Representative chooses or is provided with a user identification code, password or other piece of information as part of the Company Profile security procedures, the Company must treat such information as confidential.  The Company must not disclose it to any third party. 

12.2 The Publisher has the right to disable any user identification code or password, whether chosen by the Company or allocated by the Publisher, at any time if in the Publisher’s reasonable opinion the Company has failed to comply with any provisions of these Terms and Conditions.

12.3 If the Company suspects or knows that anyone other than the Company Representative(s) knows the Company’s user identification code or password, promptly notify the Publisher at customer.services@thegazette.co.uk and provide all reasonable assistance in enabling the Publisher to protect its interests and/or resolving the matter. 

13 Price of the profile membership

13.1 The price of the Profile Membership will be as quoted on the price list on the Website at the time you submit your order https://www.thegazette.co.uk/place-notice/pricing. We take reasonable care to ensure that the price of the Profile Membership is correct at the time when the relevant information was entered onto the system.  However please see clause 13.4 for what happens if we discover an error in the price of the Profile Membership you ordered.

13.2 Prices for the Profile Membership may change from time to time, but changes will not affect any order you have already placed.

13.3 The price of the Profile Membership shall include VAT, if applicable, to the country you have selected on the invoicing page of the Website, at the applicable current rate and as chargeable for the time being.  

13.4 If we discover an error in the price of the Profile Membership you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Profile Membership at the correct price or cancelling your order.  We will not process your order until we have your instructions.  If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.  Please note that if the pricing error could reasonably be recognised by you as an error, both parties agree that the correct higher price shall apply.

14 How to pay for profile membership

14.1 You can only pay for a Profile Membership using a debit card or credit card via the Website order pages.

14.2 During the order process, you can choose to pay for the Profile Membership in one annual lump sum in advance, or every 30 days. We will not charge your debit card or credit card until we issue your confirmation email that confirms you have successfully completed the checkout process. 

14.3 If you choose to pay every 30 days, payments will be taken against the payment method presented at checkout, and the transaction will appear on your card statement as ‘WWW.THEGAZETTE.CO.UK RT”. Access to your company profile will remain active until you cancel, and payment will continue to be taken every 30 days. 

14.4 After each 30-day payment, an invoice will be sent via post to confirm your payment has been taken.

Annual payment will be taken against the payment method presented at checkout, and the transaction will appear on your card statement as “WWW.THEGAZETTE.CO.UK RT”. Access to your company profile will last for 12 months from the date of the transaction and cannot be cancelled within a year from the date of the profile claim. Pro-rata refunds will not be issued.  

15  Duration of your profile membership

15.1 The Profile Membership is an annual membership and no refunds will be made for any cancellations within the first 12 months from the date of payment, except in accordance with clause 18.3.

15.2 For a 30-day membership, customers will be able to cancel their service at any point, and the customisation will automatically be hidden from public view once the 30-day membership expires; however, you will not receive a refund for any part of the month when the cancellation takes place. Customers opting for 30-day membership will continue to be charged until they cancel the service.

15.3 We will contact you towards the end of your membership to ask if you would like to purchase a Profile Membership for the following year. Your Profile Membership will not be renewed automatically.

15.4 If the Company fails to comply with any of the Terms and Conditions and such failure has not been corrected within 30 days of us notifying you, the Profile Membership will terminate automatically.

16 The Company's liability

16.1 The Company agrees to fully indemnify and hold the Publisher and The National Archives (or any successor organisation), including any affiliates, officers, directors, agents, subcontractors and employees harmless from all liabilities, costs, expenses, damages and losses (including, without limitation) any direct, indirect, consequential and/or special losses and/or damage, loss of profit, loss of reputation and/or goodwill and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and/or expenses (including legal costs) suffered or incurred (including negligence) in respect of any matter arising out of, in connection with or relating to any Customised Data, including (without limitation) in respect of any claim and/or demand (including threatened and/or potential claims or demands) made by any third party which may constitute a breach, threatened and/or potential breach by the Company (or their principal) of these Terms and Conditions or any breach and/or potential breach by the Company (or their principal) of any law and/or any of the rights of a third party.

16.2 The Publisher shall consult with the Company as to the way in which such applicable claims, demands or potential claims or demands are handled but the Publisher shall retain the sole, absolute and final decision on all aspects of any matter arising from the aforementioned indemnity, including the choice of instructing legal representatives, steps taken in or related litigation and/or decisions to settle the case. The Company shall use best endeavours to provide, at its own expense, such co-operation and assistance as the Publisher may reasonably request including in respect of any principal (if applicable) and including, without limitation, the provision of and/or access to witnesses, access to premises and delivery up of documents and/or any evidence, including supporting any associated litigation and/or dispute resolution process.

17 The Publisher's liability

17.1 You acknowledge and agree that:

a) the Profile Membership is provided to you on an ‘as is’ basis and that (unless required to do so by law) we have no obligation under these Terms and Conditions to remedy any interruptions, errors or defects that there may be with the Profile Membership; and

b) You shall be responsible for ensuring that your use of the Company Profile is compliant with all applicable laws and regulatory requirements in the jurisdiction in which you use the Company Profile.

17.2 We will take reasonable steps to ensure that the Website is virus-free.

17.3 We do not warrant that the Company Profile or the Website will meet your requirements, be fit for any particular purpose or that the operation of the Company Profile will be uninterrupted or error-free. The Publisher will not be liable to you if for any reason the Website or Company Profile is unavailable at any time or for any period.

17.4 The Company is responsible for ensuring that all persons who access the Company Profile are aware of these Terms and Conditions and other applicable terms and conditions and that they comply with them.

17.5 The Publisher only supplies the Profile Membership to the Company to use in accordance with these Terms and Conditions and the Company agrees not to use the Profile Membership for any other purposes.

17.6 Nothing in these Terms and Conditions limits or excludes either party’s liability for:

a) Death or personal injury caused by the Publisher’s negligence;

b) Fraud or fraudulent misrepresentation;

c) Breach of terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

d) Any other liability which cannot be limited or excluded by applicable law.

17.7 Subject to clause 17.6:

a) The Publisher will in no circumstances whatsoever be liable to the Company whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, whether direct or indirect, or any indirect or consequential loss arising out of or in connection with the Company Profile or Profile Membership; and

b) The Publisher’s total liability to the Company in respect of all other losses arising out of or in connection with the Company Profile or Profile Membership, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed 100% of the price paid for the Profile Membership.

17.8 Except as expressly stated in these Terms and Conditions, the Publisher does not give any representation, warranties or undertakings in relation to the Company Profile or Profile Membership.  Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by applicable law.

18 Events outside our control and maintenance

18.1 The Publisher will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Our Control.

If an Event Outside Our Control takes place that affects the performance of the Publisher’s obligations under these Terms and Conditions:

18.2 The Publisher will contact the Company as soon as reasonably possible; and

The Publisher’s obligations under these Terms and Conditions will be suspended and the time for performance of the Publisher’s obligations will be extended for the duration of the Event Outside Our Control

18.3 Either Party may cancel a Profile Membership affected by an Event Outside Our Control which has continued for more than 60 days.

18.4 The Publisher may have to carry out maintenance to the Website from time to time to deal with technical problems or to make improvements which may restrict access to the Company Profile.  Please check the Website for up to date information on planned maintenance. 

19 Our right to vary these terms

19.1 We reserve the right to amend these Terms and Conditions from time to time.  Please look at the top of this page to see when these Terms and Conditions were last updated.

19.2 Every time you purchase a Profile Membership from us, the Terms and Conditions in force at the time of your order will apply to the Profile Membership.

19.3 We may revise these Terms and Conditions as they apply to your Profile Membership from time to time to reflect changes in relevant laws and regulatory requirements.

19.4 If the Publisher revises these Terms and Conditions as they apply to your Profile Membership, the Publisher will contact the Company with reasonable advance notice of the changes.  

20 Other important terms

20.1 The Publisher may transfer its rights and obligations under these Terms and Conditions to another organisation, but this will not affect the Company’s rights or the Publisher’s obligations under these Terms and Conditions.  We will always notify the Company in writing or by posting on this webpage if this happens.

20.2 The Company may only transfer its rights or its obligations under these Terms and Conditions to another person if the Publisher agrees in writing, in advance.

20.3 The Company and the Publisher acknowledge and agree that the Publisher has entered into a separate agreement with The National Archives under which the Publisher has been granted a licence of certain rights.  If the Publisher’s agreement with The National Archives terminates or expires, the Publisher shall use its reasonable endeavours to procure that The National Archives assumes the Publisher’s rights and obligations under these Terms and Conditions.

20.4 Each of the paragraphs of these Terms and Conditions operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5 Any failure to exercise or delay in exercising any of the rights under these Terms and Conditions does not constitute a waiver of such rights or remedies.

20.6 You will not do, or permit to be done, anything that may detrimentally affect the Publisher’s copyright, trademarks or any other intellectual property rights.

20.7 You will not use the Publisher’s name or logo in any fashion, including but not limited to customer lists, marketing materials or lists or references without the Publisher’s written permission.

20.8 Save in respect of The National Archives (or any successor organisation), a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a party specified in these Terms and Conditions or which exists or is available apart from that Act.

21 Communications between us

21.1 Any notice or other communication given by the Company to the Publisher or by the Publisher to the Company, under or in connection with these Terms and Conditions, shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

21.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Publisher’s registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.

21.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

21.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

21.5 If the Company wishes to make a complaint, all such complaints will follow the Gazette customer charter and shall be submitted in writing to customer.care@tso.co.uk