Advertising Terms and Conditions
A. Definitions and Acceptance of the Terms and Conditions
1. The Westleaf (TW) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
print advertisements in the Westleaf, as well as inserts (“Inserts”);
online advertisements on www.thewestleaf.com (the “Website”); and
online advertising booked through a Westleaf sales agent.
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 (whether print or digital) must adhere to TW’s technical specifications and be delivered to TW within the applicable timeframes. When TW builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements set out in TW's Digital Advertising Production Format Guide.
5. TW 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. TW may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Print or Digital Platforms of TW. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by TW does not mean that TW accepts the Advertisement has been provided in accordance with these Terms or that TW has waived its rights under these Terms.
7. The Advertiser guarantees to TW 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 TW or the Website or the Magazine, and will not contain anything that TW 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).
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the advertiser of a product or service to place the Advertisement with TW and the Advertiser will compensate TW for any claim made by such advertiser against TW.
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. TW may change its rates at any time by publishing the modified rates here. 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 TW should be made in accordance with TW's Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, TW will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
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 TW’s applicable third party provider will be final and binding.
12. TW cannot guarantee the number of impressions.
13. TW agrees that all Advertisements will be targeted at individuals in the U.S. unless otherwise agreed in writing between the parties at the time of booking.
14. Where non-US targeting is required, TW will endeavor to target the Advertisement at individuals in the geo-location specified at the time of booking.
17. TW 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 TW will be treated as the confidential information of the Advertiser and will not be disclosed by TW to any third party (other than TW service providers for the purpose of TW 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.
18. If advertising copy is received after midday on the day before an Advertisement is due to be published, the ad may be delayed for approval from TW editors.
E Brand Safety
20. TW will implement its default brand safety measures in respect to the TW platforms on which Advertisements booked through the TW website appear.
F Cookie usage on theguardian.com
23. Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on the Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify TW in advance of booking an Advertisement and provide all information requested by TW regarding such Data Collecting Technology.
24. If TW agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, TW will provide written authorization to the Advertiser. Subject to the foregoing, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to TW.
25. All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by TW and will not be disclosed by the Advertiser to any third party without TW’s prior written consent.
26. In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where TW has given agreement in writing. TW reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses 23-26.
27. The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Advertisement (collectively, the “Advertiser Partners”) shall comply with these Terms.
28. The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between TW and the Advertiser.
G Liability of TW
30. TW accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to TW 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 TW.
31. TW shall use its reasonable endeavors to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
32. TW reserves the right to deny certain advertisements.
33. TW 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).
34. TW cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of TW. However, TW will use reasonable efforts to comply with the wishes of the Advertiser.
35. If a booked Advertisement is not published at all solely due to a mistake on TW’s part, TW 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.
36. If the Advertisement as reproduced by TW contains a substantial error solely due to a mistake on TW’s part, TW shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. TW shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform TW of any errors and provide any necessary assistance to TW to prevent a repeat of the error.
37. TW 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 TW and the Advertiser, and TW’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.
38. In respect of Advertisements on the Website, TW does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, TW will not be responsible for any failure or delay affecting production or publication of any Newspaper or 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 TW.
39. TW is not responsible for the content or operation of sites that advertise on the TW website.
40. For the avoidance of doubt, nothing in these Terms will limit or exclude TW’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
41. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
H Liability of the Advertiser
42. The Advertiser will fully indemnify TW 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 TW n accordance with these Terms.
43. TW owns the copyright in all Advertisements written or designed by it or on its behalf.
44. The Advertiser grants TW the right (free of charge) to:
use such of the Advertiser’s names, trade marks and/or logos as TW may consider necessary for the purposes of publishing the Advertisements;
reproduce the Advertisement in any media at any time from the date the Advertisement was last published on the site for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at TW’s sole discretion.
J Cancellation policy
45. The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant ad specifications. The Advertiser may cancel an Advertisement provided that notice in writing is received by TW within the relevant cancellation period. In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 30 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
46. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, TW may treat the order as cancelled.
47. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
48. If TW 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.
49. 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.
50. These Terms are the entire agreement between the Advertiser and TW in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both TW and the Advertiser.
51. 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.
52. Subject to clause 41, 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).