Terms and Conditions
Definitions and Acceptance of the Terms and Conditions
1. Love Infographics News & Media Limited (“LOVE INFOGRAPHICS”) accepts publication of advertisements on the terms and conditions set out below (“Terms”).
2. These Terms apply to advertisements on the Love Infographics website and sent to the Love Infgraphics user database in part or in full.
3. 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
4. Materials for an Advertisement must be provided no later than the deadline agreed between advertiser and publisher.
5. LOVE INFOGRAPHICS 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 print, suspend or change the position of any such Advertisement. LOVE INFOGRAPHICS may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by LOVE INFOGRAPHICS does not mean that LOVE INFOGRAPHICS accepts the Advertisement has been provided in accordance with these Terms or that LOVE INFOGRAPHICS has waived its rights under these Terms.
7. The Advertiser guarantees to LOVE INFOGRAPHICS 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 LOVE INFOGRAPHICS; 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(s).
8. 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 LOVE INFOGRAPHICS and the Advertiser will compensate LOVE INFOGRAPHICS for any claim made by such advertiser against LOVE INFOGRAPHICS.
Payment
9. 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. LOVE INFOGRAPHICS may change its rates at any time by publishing the modified rates at www.theLove Infographics.com/media-kit.html. 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.
10. All sums payable to Love Infographics should be made in accordance with LOVE INFOGRAPHICS Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. Credit application forms are available on request from [email protected] LOVE INFOGRAPHICS’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 LOVE INFOGRAPHICS Accounts Receivable Team Leader. LOVE INFOGRAPHICS may charge interest on the amount outstanding up to 4% above the Bank of England base rate.
11. All sales are final. Refunds will not be issued for any reason.
Online Advertisements
12. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by Criteo will be final and binding.
13. LOVE INFOGRAPHICS agrees that all Advertisements will be shown to individuals globally and no geotargeting is available.
14. LOVE INFOGRAPHICS 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, LOVE INFOGRAPHICS shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
15. 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.
Liability of LOVE INFOGRAPHICS
21. LOVE INFOGRAPHICS accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to LOVE INFOGRAPHICS 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 LOVE INFOGRAPHICS.
22. LOVE INFOGRAPHICS 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.
24. LOVE INFOGRAPHICS 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 advertising (including the Advertising Standards Authority).
25. LOVE INFOGRAPHICS cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of LOVE INFOGRAPHICS. However, LOVE INFOGRAPHICS will use reasonable efforts to comply with the wishes of the Advertiser.
26. If a booked Advertisement is not published at all solely due to a mistake on LOVE INFOGRAPHICS’s part, LOVE INFOGRAPHICS will try to offer an alternative publication date(s).
27. If the Advertisement as reproduced by LOVE INFOGRAPHICS contains a substantial error solely due to a mistake on LOVE INFOGRAPHICS’s part, LOVE INFOGRAPHICS shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. LOVE INFOGRAPHICS shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform LOVE INFOGRAPHICS of any errors and provide any necessary assistance to LOVE INFOGRAPHICS to prevent a repeat of the error.
28. LOVE INFOGRAPHICS 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 LOVE INFOGRAPHICS and the Advertiser, and LOVE INFOGRAPHICS’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.
29. In respect of Advertisements on the Websites, LOVE INFOGRAPHICS does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, LOVE INFOGRAPHICS will not be responsible for any failure or delay affecting the transmission of the Website and any Advertisements contained in it, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of LOVE INFOGRAPHICS.
30. LOVE INFOGRAPHICS is not responsible for the content of the website. The site is driven by user-generated content and as such the content cannot be verified.
31. For the avoidance of doubt, nothing in these Terms will limit or exclude LOVE INFOGRAPHICS’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
32. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
33. The Advertiser will fully reimburse LOVE INFOGRAPHICS 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 LOVE INFOGRAPHICS in accordance with these Terms.
Rights
34. LOVE INFOGRAPHICS owns the copyright in all Advertisements written or designed by it or on its behalf.
35. The Advertiser grants LOVE INFOGRAPHICS the right (free of charge) to:
(i) use such of the Advertiser’s names, trade marks and/or logos as LOVE INFOGRAPHICS 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 for promotional purposes. For the avoidance of doubt, the content, layout and format of any website will be subject to variation at LOVE INFOGRAPHICS’s sole discretion.
Cancellation policy
36. The cancellation period for an Advertisement varies according to the publication. Once the advertising campaign agreed between Love Infographics and the advertiser has started, no cancellation is possible and no refunds will be given. The Advertiser may cancel an Advertisement provided that notice in writing is received by LOVE INFOGRAPHICS within the relevant cancellation period prior to commencement of the advertising.
37. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, LOVE INFOGRAPHICS may treat the order as cancelled.
General
38. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
39. If LOVE INFOGRAPHICS 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.
40. Subject to clause 32, these Terms shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in