TERMS & CONDITIONS OF ADVERTISING
Terms and definitions
For the purposes of these terms,
- "Advertisement" refers to all types of paid advertisements including (without limitation) Listings, Featured Listings, and Slideshows on this website, our apps, and the Newsletter;
- "Advertiser" is the person or organisation 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;
- "We", "Us", or "Our" refers to Redburn Innovations Ltd, the parent company that owns this website.
We accept the publication of the Advertisements on the terms set out below and by placing an order, You accept and agree to be bound by these terms in full.
The Advertiser’s listing can include photographs (3 minimum), a description, facilities and services, general info, special offers, a video and customer reviews.
Photos and logos should be supplied in JPEG format.
We reserve the right at any time to change the format of a Listing.
Duration of agreements
The start date of Listings and Slideshow Advertisements will be the later of the date We receive Your payment or the first working day thereafter, or the date you complete your Advertisement and it goes live, unless agreed otherwise.
The duration of the agreement for Listings will be specified at the time of purchase and on Your invoice.
Without limiting its other rights or remedies, We may terminate these terms at any time by giving to You no less than 30 days' prior written notice. On termination of these terms:
(a) We will refund a pro-rata rate for any paid-for advertisements outstanding, or if applicable, the Advertiser will pay to Us any fees that have accrued from the start date of the Advertisements to the date of termination; and
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
Content, display, placement and links
The Advertiser will ensure any Advertisements it wishes Us to use will be updated on Our admin system or delivered to Us in a timely manner and in any event on or before such date as We may notify the Advertiser in writing from time to time and the Advertiser shall be solely responsible for delivering the Advertisements to Us.
Where We consider an Advertisement to be unsuitable or contrary to these terms, We may, without any liability to the Advertiser, reject, remove or require any Advertisement (or part of it) to be amended.
The Advertiser represents, warrants and undertakes to Us that:
(a) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(b) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(c) the Advertisements are legal, decent, honest and truthful, and comply with all applicable laws, regulations or codes of practice; and
(d) the Advertisements are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights).
Where the Advertiser is an advertising agency or media buyer, the Advertiser further warrants that it is authorised by the advertiser of a product or service to place the Advertisement with Us and the Advertiser will compensate Us for any claim made by such advertiser against Us.
Slideshow Advertisements will link to the listing page of the Advertiser, unless otherwise agreed.
For Listings, the links on the profile pages will have a no follow attribute and will pass through a gateway page so that We can track website statistics.
Fees and payment
The prices for the Advertisements will be set out in the quotation provided by Us, and all prices quoted are exclusive of VAT. We reserve the right to change the prices at any time.
Once an order for an Advertisement has been received the order is non-cancellable and non-refundable.
All Advertisements will be invoiced on date of agreement, unless otherwise agreed.
All invoices are payable within 30 days from the date of invoice.
We may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms.
Without limiting any other right or remedy of Ours, if You fail to make any payment due to Us under these terms by the due date for payment, We shall have the right to charge interest on the overdue amount at the rate of 2% per month accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgement, and compounding monthly.
All fees are non-refundable and will not be pro-rated should You decide to discontinue the display of an Advertisement.
Notwithstanding the other terms and conditions on the SpeedyBooker.com site, You acknowledge and agree that We own the intellectual property rights in all Advertisements written or designed by You, or on Your behalf.
You grant to Us a non-exclusive, royalty-free, irrevocable licence to:
(a) use Your names, trade marks and/or logos as We may consider reasonably necessary for the purposes of publishing the Advertisements; and
(b) reproduce the Advertisements including photographs in any media at any time (we will endeavour to let you know when we send your photo to a media publication).
All agreements are non-exclusive, meaning We may have Advertisements from several parties appearing on Our site and in Our apps at the same time.
We will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Truth in advertising / indemnification for liability
You are solely responsible for any liability arising out of or relating to Advertisements (as the case may be) and the use and/or publication of them, and/or any material to which users can link through to. The Advertiser represents and warrants that any information found on URLs hyperlinked from Advertisements will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trade mark, trade secret, image or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti discrimination law or regulation, or any other right of any person or entity.
The Advertiser agrees to indemnify Us and to hold Us and Our officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Us arising out of or related to the Advertiser’s breach of any representations and warranties in these terms.
Our liability for losses suffered by the Advertiser as a result of a breach of these terms by Us is strictly limited to the price paid for the Advertisements.
To the fullest extent permitted by law, We expressly exclude any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or an Advertisement, and also exclude, without limitation, any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
In this clause, the following definitions apply:
Agreed Purposes: (i) the performance by each party of its obligations under this agreement; and (ii) direct marketing to Guests in connection with services ancillary to this agreement.
Controller, data controller, processor, data processor, data subject, personal data, processing and appropriate technical and organisational measures: as set out in the Data Protection Legislation in force at the time.
Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Permitted Recipients: The parties to this agreement, the employees of each party, and any third parties engaged to perform obligations in connection with this agreement.
Shared Personal Data: the personal data to be shared between the parties under this agreement. Shared Personal Data shall be confined to names; email addresses; employer; job title; postal addresses; telephone numbers.
This clause sets out the framework for the sharing of personal data between the parties as data controllers. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall be considered to be a material breach of this agreement.
Each party shall:
(a) ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
(b) give full information to any data subject whose personal data may be processed under this agreement of the nature of such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
(c) process the Shared Personal Data only for the Agreed Purposes;
(d) not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
(e) ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
(f) ensure that it has in place appropriate technical and organisational measures, reviewed and approved (when requested) by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
(g) not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
(i) complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and
(ii) ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation.
Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
We will use reasonable endeavours to be compliant with the Payment Card Data Security Standard and We will be audited each year by a suitably qualified security assessor.
Changes to terms
We reserve the right to change the terms of this agreement on 45 days’ written notice to You. Unless we receive written notice to the contrary within 30 days of serving such a notice, You will be deemed to have accepted this change, which will take effect at the expiry of that 45 day period.
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.