Definitions and Acceptance of the Terms and Conditions
- The Divorce Magazine accepts publication of advertisements on the terms and conditions set out below (“Terms”).
- These Terms apply to advertisements on www.thdivorcemagazine.co.uk (“the Magazine”)
- By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
- Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Advertisements on the Website, in accordance with the Website technical specification at www.thedivorcemagazine.co.uk
- The Divorce Magazine may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not post, suspend or change the position of any such Advertisement. The Divorce Magazine may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in the Magazine or the Website. The Advertiser will remain responsible for all outstanding charges.
- The publication or posting of an Advertisement by The Divorce Magazine does not mean that The Divorce Magazine accepts the Advertisement has been provided in accordance with these Terms or that The Divorce Magazine has waived its rights under these Terms.
- The Advertiser guarantees to The Divorce Magazine that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of The Divorce Magazine; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website.
- Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with The Divorce Magazine and the Advertiser will compensate The Divorce Magazine for any claim made by such advertiser against The Divorce Magazine.
- All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card by the date of publication or posting. The Divorce Magazine may change its rates at any time by publishing the modified rates on www.thedivorcemagazine.co.uk. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
- All sums payable to The Divorce Magazine should be made in accordance with The Divorce Magazine Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. The Divorce Magazine’s standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of insertion/date of invoice. Any changes to the Standard Payment Terms must be agreed by the The Divorce Magazine Accounts Receivable Team Leader. The Divorce Magazine may charge interest on the amount outstanding up to 2% above the Bank of England base rate.
- The Divorce Magazine agrees that all Advertisements will be targeted at individuals in the UK unless otherwise stated at the time of booking.
- Where non-UK targeting is required, The Divorce Magazine will endeavour to target the Advertisement at individuals in the country or countries specified at the time of booking.
- The Divorce Magazine cannot guarantee the number of impressions. In the event the number of impressions during the campaign period is less than the impressions booked by the Advertiser, The Divorce Magazine shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
- In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
Data Collecting on The Divorce Magazine Website
- Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on www.thedivorcemagazine.com and tracking impressions and related data, it shall notify The Divorce Magazine in advance of booking an Advertisement and provide all information requested by The Divorce Magazine regarding such Data Collecting Technology.
- If The Divorce Magazine authorises the Advertiser to use Data Collecting Technology, The Divorce Magazine will provide written authorisation within the Insertion Order and Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to The Divorce Magazine.
Liability of The Divorce Magazine
- The Divorce Magazine accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to The Divorce Magazine or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to The Divorce Magazine.
- The Divorce Magazine shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
- The Divorce Magazine will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
- The Divorce Magazine cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of The Divorce Magazine. However, The Divorce Magazine will use reasonable efforts to comply with the wishes of the Advertiser.
- If a booked Advertisement is not published or posted at all solely due to a mistake on The Divorce Magazine’s part, The Divorce Magazine will try to offer an alternative publication or posting date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
- If the Advertisement as reproduced by The Divorce Magazine contains a substantial error solely due to a mistake on The Divorce Magazine’s part, The Divorce Magazine shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. The Divorce Magazine shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform The Divorce Magazine of any errors and provide any necessary assistance to The Divorce Magazine to prevent a repeat of the error.
- The Divorce Magazine shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by The Divorce Magazine and the Advertiser, and The Divorce Magazine’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
- In respect of Advertisements on the Website, The Divorce Magazine does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this (except for websites that make up the The Divorce Magazine over which The Divorce Magazine has no control). In addition, The Divorce Magazine will not be responsible for any failure or delay affecting the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of The Divorce Magazine.
- The Divorce Magazine is not responsible for the content or operation of sites that make up the The Divorce Magazine Ad Network.
- For the avoidance of doubt, nothing in these Terms will limit or exclude The Divorce Magazine’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
- Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
- The Advertiser will fully reimburse The Divorce Magazine for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by The Divorce Magazine in accordance with these Terms.
- The Divorce Magazine owns the copyright in all Advertisements written or designed by it or on its behalf.
- The Advertiser grants The Divorce Magazine the right (free of charge) to:
(i) use such of the Advertiser’s names, trade marks and/or logos as The Divorce Magazine may consider necessary for the purposes of publishing the Advertisements;
(ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at The Divorce Magazine’s sole discretion.
- The cancellation period for an Advertisement is required 7 days prior to it’s agreed publication date. The Advertiser may cancel an Advertisement provided that notice in writing is received to The Divorce Magazine within the relevant cancellation period. Please send notice of your intention to cancel to the person who made your booking or if that person is unavailable, to editor@thedivorcemagazine or call 07850 85 60 66. Cancellation will only be effective on confirmation of receipt of your notice.
- If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, The Divorce Magazine may treat the order as cancelled.
- A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
- If The Divorce Magazine fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
- Subject to clause 32, these Terms shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.