ACCEPTANCE OF ADVERTISEMENTS
1. Orders for publication of advertisements (“Advertisements”) on www.Kmaupdates.com on the following terms and conditions (“Terms”).
2. 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.
3. Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Website Advertisements, in accordance with the Website technical specification at http://www.kmaupdates.com/Adds/how-toadvertise.
4. KMAUPDATES may, without any responsibility to the Advertiser, reject, cancel or require anyAdvertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such Advertisement.KMAUPDATES may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Newspapers or the Websites. The Advertiser will remain responsible for all outstanding charges.
5. The publication of an Advertisement by KMAUPDATES does not mean that KMAUPDATES accepts the Advertisement has been provided in accordance with these Terms or that KMAUPDATES has waived its rights under these Terms.
CONTENT OF THE ADVERTISEMENT
6. The Advertiser guarantees to KMAUPDATES 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.
(iv) the Advertisement will not be prejudicial to the image or reputation of KMAUPDATES or the Websites or the Newspapers;
(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(s).
7. 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 KMAUPDATES and the Advertiser will compensate KMAUPDATES for any claim made by such advertiser against KMAUPDATES.
PAYMENT 8. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. KMAUPDATES may change its rates at any time by publishing the modified rates. 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.
9. Payment is subject to GNM’s payment terms which are available on request.
10. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by doubleclick will be final and binding.
11. KMAUPDATES agrees that all Advertisements will be targeted at individuals in the whole world unless otherwise stated at the time of booking.
12. KMAUPDATES 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, KMAUPDATES shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
LIABILITY OF KMAUPDATES
13. KMAUPDATES accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to KMAUPDATES 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 KMAUPDATES.
14. KMAUPDATES 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.
15. KMAUPDATES 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).
16. KMAUPDATES cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of KMAUPDATES. However, KMAUPDATES will use reasonable efforts to comply with the wishes of the Advertiser.
17. If a booked Advertisement is not published at all solely due to a mistake on KMAUPDATES’s part, KMAUPDATES will try to offer an alternative publication 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.
18. If the Advertisement as reproduced by KMAUPDATES contains a substantial error solely due to a mistake on KMAUPDATES’s part, KMAUPDATES shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. KMAUPDATES shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform KMAUPDATES of any errors and provide any necessary assistance to KMAUPDATES to prevent a repeat of the error.
19. KMAUPDATES 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 KMAUPDATES and the Advertiser, and KMAUPDATES’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement paid by or on behalf of the Advertiser.
20. In respect of Advertisements on the Websites, KMAUPDATES does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, KMAUPDATES will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites 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 KMAUPDATES.
21. For the avoidance of doubt, nothing in these Terms will limit or exclude KMAUPDATES’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
22. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
LIABILITY OF THE ADVERTISER
23. The Advertiser will fully reimburse KMAUPDATES 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 KMAUPDATES in accordance with these Terms. RIGHTS
24. KMAUPDATES owns the copyright in all Advertisements written or designed by it or on its behalf.
28. The Advertiser grants KMAUPDATES the right (free of charge) to:
(i) use such of the Advertiser’s names, trade marks and/or logos as KMAUPDATES 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 KMAUPDATES’s sole discretion.
25. The cancellation period for an Advertisement varies according to the publication.The Advertiser should refer to the relevant rate card at www.adinfoguardian.co.uk/general/ rates. The Advertiser may cancel an Advertisement provided that notice in writing is received by KMAUPDATES 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 020-3353 3168. Cancellation will only be effective on confirmation of receipt of your notice.
26. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, KMAUPDATES may treat the order as cancelled. GENERAL
27. Any person who is not a party to these Terms will have no rights to rely upon or enforce any of these Terms.
28. If KMAUPDATES 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.
33. Subject to clause 25, these Terms shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms. KMAUPDATES