A Definitions and Acceptance of the Terms and Conditions
1. Tyre News Media (“TNM”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
Online advertisements on www.tyrenews.co.uk and www.tyre.news (the “Website”)
3. By placing an order, the “Advertiser” (which is the person bidding for or 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.
B Content and Delivery of Advertisements
4. Materials for any Advertisement must adhere to TNM's technical specifications and be delivered to TNM within the applicable timeframes, each as set out [here]. When TNM builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements set out in TNM's Digital Advertising Production Format Guide [here].
5. TNM 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, suspend or change the position of any such Advertisement. TNM may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising on the Website. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by TNM does not mean that TNM accepts the Advertisement has been provided in accordance with these Terms or that TNM has waived its rights under these Terms.
7. The Advertiser guarantees to TNM that:
any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any
Advertisement;
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 UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights); the Advertisement will not be prejudicial to the image or reputation of TNM Website, and will not contain anything with TNM in good faith considers to be offensive or otherwise inappropriate;
all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website; and
all digital Advertisements comply with (i) the the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK, each as may be updated from time to time.
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 TNM and the Advertiser will compensate TNM for any claim made by such advertiser against TNM.
C Payment
9. All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the rate card on the date of publication. TNM may change its rates at any time. 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 TNM should be made in accordance with TNM's Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, TNM will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. TNM's standard payment terms are cleared funds 28 days from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date. TNM reserve the right to charge interest on late payment at 4% above the Bank of England base rate.
D Online Advertisements
11. The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by TNM's applicable third party provider will be final and binding.
12. TNM cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, TNM shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified TNM in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. TNM will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, TNM will not be liable unless such over-delivery arises due to TNM's act or omissions.
13. TNM agrees that all Advertisements will be targeted at individuals in the UK unless otherwise agreed in writing between the parties at the time of booking.
14. Where non-UK targeting is required, TNM will endeavour to target the Advertisement at individuals in the geo-location specified at the time of booking.
15. The Advertiser guarantees to TNM that any landing page and/or destination site linked to from the Advertisements (“Advertiser’s Site”) will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice (including the CAP Code), (iii) not be libellous or obscene, (iv) not infringe the rights of any person (including any person’s intellectual property rights); (v) not be prejudicial to the image or reputation of TNM; (vi) be free from viruses, adware, malware, and/or bit torrents, (vii) not cause an adverse effect on the operation of the Website, and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.
16. To the extent that TNM sets cookies on the devices of users of the Advertiser’s Site(s) or uses any other data collecting technology (such as pixels, tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking impressions and related data (“Advertiser Data”), Advertiser shall ensure that it has a lawful basis for the use of such data collecting technology and the collection of Advertiser Data from visitors to the Advertisers Site(s) and that the Advertiser and the Advertiser’s Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.
17. TNM and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by TNM will be treated as the confidential information of the Advertiser and will not be disclosed by TNM to any third party (other than TNM's service providers for the purpose of TNM complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
E Liability of TNM
25. TNM accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to TNM 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 TNM.
26. TNM 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.
27. TNM 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).
28. If a booked Advertisement is not published at all solely due to a mistake on TNM's part, TNM 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.
29. If the Advertisement as reproduced by TNM contains a substantial error solely due to a mistake on TNM's part, TNM shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. TNM shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform TNM of any errors and provide any necessary assistance to TNM to prevent a repeat of the error.
30. TNM 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 TNM and the Advertiser, and TNM'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.
31. TNM does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, TNM will not be responsible for any failure or delay OF 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 TNM.
32. For the avoidance of doubt, nothing in these Terms will limit or exclude TNM's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
33. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
F Liability of the Advertiser
34. The Advertiser will fully indemnify TNM from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by TNM in accordance with these Terms.
G Rights
35. TNM owns the copyright in all Advertisements written or designed by it or on its behalf.
36. The Advertiser grants TNM the right (free of charge) to:
use such of the Advertiser’s names, trade marks and/or logos as TNM may consider necessary for the purposes of publishing the Advertisements;
reproduce the Advertisement at any time from the date the Advertisement was last published for promotional purposes. For the avoidance of doubt, the content, layout and format will be subject to variation at TNM's sole discretion.
H Cancellation policy:
37. The Advertiser may cancel their booking by providing a written notice to the person who made the booking. The minimum notice period for cancellation is 30 days, unless agreed otherwise in writing.
38. TNM reserves the right to treat the order as cancelled if the Advertiser is insolvent, bankrupt or is otherwise in breach of these Terms.
39. If the Advertiser has received a discount in exchange for a pre-booked commitment, they agree that the full pre-booked term must run in full. In the event of an early cancellation, the discount will become void, and any previous discounts received will become due in full.
40. In the event of a cancellation, TNM will confirm the receipt of the cancellation notice in writing, and the cancellation will only be effective upon such confirmation.
I General
41. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
42. If TNM 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.
43. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
44. These Terms are the entire agreement between the Advertiser and TNM in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both TNM and the Advertiser.
45. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
46. Subject to clause 33, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
Terms last updated: 09 September 2023
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