In these Terms and Conditions, the following words and expressions shall have the meaning set out below:
"Advertiser" is the corporate body or unincorporated entity whose products or services are featured in the advertisement whether the advertiser is the buyer or not.
"Advertisement" means Information provided by the Advertiser, whether arranged in an agreed format, or supplied with authorisation for In Touch to arrange, for placement in the In Touch magazine or on the In Touch Website in accordance with the terms of this agreement.
"Agreement" means these terms and conditions and any associated booking form terms and conditions.
"Copy Deadline" means, where applicable, the latest date (as shown on the advertisement confirmation) by which the advertiser is obliged to give In Touch full instructions and copy for carrying out the advertiserís order in accordance with and subject to these terms and conditions. For the avoidance of any doubt, advertisements to be published online or within any electronic communication may not be subject to a copy deadline.
"In Touch" means the magazine, its publisher, or associated online, electronic and social media platforms owned and/or operated by In Touch
"Information" means any materials necessary to enable In Touch to create the advertisement.
"Website" means any website created by or on behalf of In Touch.
All advertisements accepted for publication by In Touch are accepted subject to these terms and conditions. These shall apply to the exclusion of all other terms and conditions including any which the advertiser may apply under any purchase order, confirmation of order or other document. Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by an authorised representative of In Touch. The order form shall form part of these terms and conditions.
Nothing contained in these terms and conditions shall require In Touch to do or omit to do anything which would contravene any applicable laws or regulations including, but not limited to, the Data Protection Act 1998, the Gambling Act 2005 and the Consumer Protection from Unfair Trading Regulations 2008.
Where the context so admits, words importing the one gender shall include all other genders and words importing the singular shall include the plural and vice versa. A reference to a statute, statutory provision or other legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment.
Disputes will be subject to English Law.
In Touch will publish the advertising material in its publication and/or online or electronic media as agreed insofar as is possible. While every endeavour will be made to meet the wishes of advertisers, In Touch does not guarantee the publication of any particular advertisement or its publication on any particular date or in any particular position within the publication. Such publication is subject to In Touch retaining full editorial control over all advertising appearing in its publications.
The advertiser shall indemnify and keep indemnified the publisher of In Touch against all proceedings, claims, demands, damages, costs, expenses, or any other loss whatsoever. This applies to issues arising directly or those that are reasonably foreseeable as a result of the publication of the advertisement, or any breach of the advertiserís obligations under these terms and conditions or implied by law.
With regard to the actual or intended insertion of an advertisement in In Touch, the publisher shall not be responsible to the advertiser or liable for:
(a) checking the correctness of the advertisement in the form it is received from the advertiser.
(b) any error in the advertisement in the form it is received from the advertiser.
(c) the wording, representation, placement or quality of colour or mono reproduction of the advertisement.
(d) the actual positioning or prominence of the advertisement.
(e) the repetition of any error in an advertisement ordered for more than one insertion.
(f) the distribution of In Touch in a specific geographical area.
(g) any loss whatsoever caused by delay or failure by In Touch to issue the magazine on the due date or In Touchsí decision to suspend the publication or cease publication altogether.
(h) the payment of any damages or other compensation for breach of contract because of In Touchsí failure to perform any of its obligations under these terms and conditions if such failure is caused by anything beyond In Touchís reasonable control (that is to say as a result of force majeure). This includes acts or threats of terrorism, strikes, lock-outs or other industrial actions or trade disputes, pandemic, epidemic or other widespread illness whether involving In Touchís employees or those of any third party.
(i) any matter of complaint, claim or query relating to the advertisement that is not raised with In Touch in writing, within five working days following the publication of the advertisement.
The advertiser agrees to supply to In Touch on or before the agreed copy delivery date either:
(a) a file containing the advertisement in the format agreed between the advertiser and In Touch or
(b) if it is specifically agreed with In Touch that In Touch will create the advertisement, the information in an agreed format and medium.
The advertiser will take complete responsibility to ensure that there is no breach of any contract with a third party and no infringement of any copyright, trade mark or other proprietary right of any third party. The advertiser will also ensure that it does not otherwise act unlawfully, or render In Touch liable to any proceedings, claims, demands, costs or expenses or any other loss whatsoever.
The placing of an order for the insertion of an advertisement shall amount to an acceptance of:
(a) the terms of this agreement
(b) any other associated conditions stipulated in writing or included in terms & conditions on any website owned or operated by In Touch, or within any electronic communication from same.
(c) that any other conditions stipulated verbally or in any format by the advertiser shall be void insofar as they are in conflict with these Terms and Conditions.
In relation to any financial promotion (as defined under the Financial Services and Markets Act 2000), the advertiser is, or its content has been approved by, an authorised person within the meaning of the Act or the advertisement is otherwise permitted under the Act, under the Financial Promotion Order 2001 or under any other legislation subordinate to the Act.
All advertising copy submitted to In Touch must be legal, decent, honest and truthful, and comply with the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority.
All instructions, artwork or other material submitted to In Touch by electronic means shall not contain software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, and shall not be corrupt.
Any information supplied in connection with the advertisement is accurate, complete and true.
The advertiser has retained sufficient back-up copies of any artwork, or original materials and copy relating to the advertisement so that In Touch shall not be liable for the loss of or damage to any of these items submitted.
The client shall pay all fees and charges in advance unless a previously approved account has been agreed with In Touch subject to In Touch retaining the right at any time to omit, amend, suspend or change the position of any advertisement accepted, including, but not limited to where in the sole discretion of In Touch, the advertisement is considered to be in breach of any undertakings under this agreement, or where any third party claims that any of its rights or any relevant regulations have been breached. In cases where, in the exercise of its rights, In Touch may have decided to modify the advertisement or to delete or replace any part of the advertisement or information contained therein, In Touch will consult with the advertiser in good faith.
Where credit payment has been agreed, payment shall be made within 30 days. In Touch understands and will exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if payment is not received according to our agreed credit terms.
Payment is accepted by bank transfer, cheque, debit or credit card. Payment is deemed to have been made once cleared funds are received by In Touch.
It is the responsibility of the advertiser or their agent to check the first appearance of any series of advertisements and notify In Touch immediately of any errors. In Touch assumes no responsibility for the correction of errors unless notified by the advertiser. In the event of any error, misprint or omission in the print publication or online of an advertisement or part of an advertisement, which is caused by In Touch, In Touch will either re-publish the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
Publication proofs are not submitted to advertisers.
In Touch will not be liable for any loss of copy, artwork, photographs or other materials that the advertiser warrants it has retained in sufficient quality and quantity for whatever purpose.
The advertiser warrants and undertakes that In Touch will be entitled to use the advertiserís name and trade marks in connection with the advertisement.
Copyright and all other rights of a similar nature that are created or exist in material originated by In Touch in connection with the publication of an advertisement, remain vested in In Touch.
The advertiser warrants and undertakes that it is and shall remain the owner, or is expressly acting for the owner of all intellectual property rights and the logos and trademarks that may feature within the advertisement.
If any third party claims that the design of the advertisement infringes the intellectual property rights of that third party, In Touch may modify the advertisement or delete or replace any part of it.
Orders cannot be cancelled once In Touch has commenced to carry out the order in accordance with the first publication date requested by the advertiser. In other cases, not less than twenty eight clear working days' notice of cancellation of any order or unexpired part of an order is required for a cancellation, which must be specifically agreed in writing between the parties. Email notification of cancellation is not acceptable as notice unless acknowledged by In Touch.
Refunds will be returned to the advertiser for advertisements which have been cancelled subject to an adjustment in any discounts agreed.
Both parties shall use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of or relate to this agreement or a breach thereof. If any such dispute cannot be settled amicably through ordinary negotiations by appropriate representatives of the parties and the dispute fails to result in a settlement, the matter at the election of either party may be submitted for resolution to a court of competent jurisdiction, which shall be the courts of England and English law shall be applicable.