Definitions and Acceptance of the Terms and Conditions

  1. PortobelloBeach.com accepts publication of advertisements on the terms and conditions set out below (“Terms”).
  2. These Terms apply to: online advertisements on www.portobellobeach.com.
  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

  1. Materials for an Advertisement must be provided no later than the deadline, in accordance with the Website technical specification.
  2. PortobelloBeach.com 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. PortobelloBeach.com may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in the Website. The Advertiser will remain responsible for all outstanding charges.
  3. The publication of an Advertisement by PortobelloBeach.com does not mean that PortobelloBeach.com accepts the Advertisement has been provided in accordance with these Terms or that PortobelloBeach.com has waived its rights under these Terms.
  4. The Advertiser guarantees to PortobelloBeach.com 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 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); (IV) the Advertisement will not be prejudicial to the image or reputation of PortobelloBeach.com and will not contain anything with PortobelloBeach.com in good faith considers to be offensive or otherwise inappropriate; (V) all 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.
  5. 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 PortobelloBeach.com and the Advertiser will compensate PortobelloBeach.com for any claim made by such advertiser against PortobelloBeach.com.

Payment

  1. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out on our website on the date of publication. PortobelloBeach.com may change its rates at any time by publishing the modified rates at www.portobellobeach.com/advertising/. 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.
  2. All sums payable to PortobelloBeach.com should be made in accordance with PortobelloBeach.com Financial Terms & Conditions. PortobelloBeach.com will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. PortobelloBeach.com’s standard payment terms are cleared funds 30 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. PortobelloBeach.com reserve the right to charge interest on late payment at 4% above the Bank of Scotland base rate.

Online Advertisements

  1. The Advertiser guarantees to PortobelloBeach.com 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 PortobelloBeach.com or the Website; (vi) be free from viruses, adware, malware, and/or bit torrents, (vii) not cause an adverse effect on the operation of the Website(s), and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.
  2. To the extent PortobelloBeach.com sets cookies on the devices of users of the Advertiser’s Site(s) or uses any other data collecting technology (such as tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking impressions and related data (“Advertiser Data”), PortobelloBeach.com shall notify the Advertiser and the Advertiser shall ensure that the Advertiser’s Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.
  3. PortobelloBeach.com 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 PortobelloBeach.com will be treated as the confidential information of the Advertiser and will not be disclosed by PortobelloBeach.com to any third party (other than PortobelloBeach.com’s service providers for the purpose of PortobelloBeach.com 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.

Rights

  1. PortobelloBeach.com owns the copyright in all Advertisements written or designed by it or on its behalf.
  2. The Advertiser grants PortobelloBeach.com the right (free of charge) to: (I) use such of the Advertiser’s names, trade marks and/or logos as PortobelloBeach.com 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 PortobelloBeach.com’s sole discretion.

Cancellation policy

  1. The Advertiser may cancel an Advertisement provided that notice in writing is received by PortobelloBeach.com within the relevant cancellation period. In respect of Advertisements on the Websites, 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.
  2. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, PortobelloBeach.com may treat the order as cancelled.

General

  1. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
  2. If PortobelloBeach.com 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.
  3. 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.
  4. These Terms and the documents referred to herein replace all previous agreements between the Advertiser and PortobelloBeach.com, and are the entire agreement between the Advertiser and PortobelloBeach.com in respect of the Advertisements. 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.

Terms last updated: 16 February 2016