UK Tourism Online Ltd (hereinafter referred to as UKTO) is a publisher of tourism related information and promoter of tourism-related businesses, establishments, attractions, activities, etc., through the medium of the Internet.
We accept advertising from businesses and organisations which have products or services which would be of interest to tourists, day-trippers, and business travellers.
Advertisements are sold on the basis that they will be promoted on the UKTO website for a minimum of one year from the date of first publication and thereafter renewed by confirmed mutual agreement only.
Advertisements are bespoke, designed specifically for the Advertiser, and must be pre-paid before work can be commenced.
All orders and bookings made to UKTO for Advertisements are subject to and governed by these terms and conditions.
In these conditions,
(1) Advertisement includes the materials which advertise, promote, market, sponsor and/or endorse a product or a service or a brand or an image which includes text, graphics, layout, logos, audio or visual material, avatars, static and dynamic images, animations, banner advertisements, hypertext links, microsites, click through advertising.
(2) Advertiser means the entity advertising the product or service that is the subject of the Advertisement.
(3) Advertising Copy means the textual content of an Advertisement.
(4) Buyer means the person placing the order with UKTO for the Advertisement, whether such person is the Advertiser, an employee of the Advertiser, or the Advertiser’s advertising agency or media buyer.
(5) Charge(s) means UKTO’s advertising charge(s) for the Advertisement, as notified to the Buyer and agreed.
(6) Content means all content, materials, concepts and ideas prepared, created and/or developed for any Advertisement.
2. Status of Buyer
The party placing the order for the Advertisement (“Buyer”) shall do so as principal at law. This is regardless of whether that party is the Advertiser itself or is the Advertiser’s advertising agency or media buyer or is acting for the Advertiser in some other representative capacity. Therefore under this Agreement, the Buyer shall have full liability for all obligations of both the Buyer and of the Advertiser.
3. UKTO’s Rights Reserved
UKTO may change the format of any of its web pages, its advertisement rates and technical and other specifications
UKTO gives no warranty or guarantee in relation to:
(1) date of Insertion nor position or location of the Advertisement unless stated in writing on the order acknowledgement or invoice;
(2) the response rate or take up for any event publicised nor the number of clicks or page impressions or unique views for any online activity;
(3) another advertisement or insert for a similar service or product not appearing in the same page as the Advertisement.
In the event of any problem arising in relation to the foregoing the Buyer accepts that UKTO shall not be obliged to give any compensation or refunds in such instances.
UKTO reserves the right to decline any order or booking or decline to publish any Advertisement.
4. Buyer’s Materials
The Buyer shall submit to UKTO all materials, content and information in relation to all Advertisements in advance of publication.
Whilst UKTO shall exercise reasonable care in relation to the Buyer Materials, UKTO will not be liable for any loss of or damage to any Buyer Materials.
5. Publisher’s Obligations
Where UKTO is creating the Advertising Copy, UKTO shall supply any Advertising Copy to the Advertiser for the Advertiser’s comment and feedback.
UKTO may refuse or require to be amended or decline to publish any Advertisement.
We endeavour to ensure that any new listing by a new advertiser or changes to an existing listing from an existing advertiser will be live online within 7-10 working days provided that we have all the information required from the advertiser.
6. Mistakes and errors
The Buyer must check the correctness of each and every Advertisement. UKTO undertakes to use reasonable endeavours to correct any error notified by the Buyer as soon as practically possible.
7. Payments and charges
The Buyer shall pay the Charges together with any associated agency commission without deduction or set off.
All sums payable under this Agreement are exclusive of any value added tax that may be applicable.
8. Cancellations and Amendments
The Buyer shall remain liable for payment for a stopped, cancelled or postponed Advertisement.
Any other matter of complaint, claim or query must be raised with UKTO in writing within seven days following the date of the receipt by the Buyer of the disputed invoice.
UKTO’s maximum liability for any complaint, claim or is limited to giving a credit for its charge for the advertisement or (in an appropriate instance) of publishing the Advertisement for a second time without charge. Any complaint, claim or query shall not affect the liability of the Buyer for payment by the due time of the Charges for that Advertisement. Once any dispute in respect of any Advertisement has been resolved, payment for that item will, if the original due date has then already passed, be due within three working days.
10. Intellectual Property
The Buyer warrants that it has and it has secured for the benefit in relation to the UKTO Advertisement, all necessary licences, permissions, clearances, consents, right, title, interest and Intellectual Property Rights in relation to the Buyer Materials and, where relevant, in relation to any Promotion, including any trade marks and branding of the Advertiser to enable UKTO to perform and meet its obligations and enjoy its rights and benefits under this Agreement.
If UKTO has agreed to provide the creative work for the Advertisement, all Intellectual Property Rights in and to all Content owned by or created by UKTO pursuant to this Agreement (but not the Buyer Materials) are reserved to UKTO and shall remain under the exclusive ownership of UKTO, or its licensors (as the case may be).
The Buyer shall not use and shall not permit any other person to use any of UKTO’s Intellectual Property without the prior written consent of UKTO. Such consent may be given or withheld.
UKTO may disclose the Buyer’s and/or the Advertiser’s identity to any third party who is claiming that any material submitted by the Buyer is in breach of any of the warranties set in clause 15.1.
11. Data Protection
The parties agree that they will at all times comply with the provisions and obligations imposed by Data Protection Laws. All personal data acquired by either party from the other will be returned to the disclosing party on request.
Whilst UKTO will use reasonable endeavours to forward to the Buyer any responses that it received to Advertisements from individuals wishing to contact the Advertiser regarding the Advertisement (subject to receiving the requisite consents from those individuals), UKTO accepts no liability in respect of any loss or damage that arises (or is alleged to have arisen) as a result of any delay or omission in forwarding such responses.
12. Buyer Warranties
The Buyer warrants that all Buyer Materials and the production, reproduction, publication and/or display of the Advertisement:(1) are factually correct, clear and conspicuous, and all claims can be substantiated and is not fraudulent, misleading or deceptive;
(2) do not include or entail misleading actions, misleading omissions, aggressive commercial practices or actions that contravene the requirements of professional diligence or in any other way contravene the requirements of The Consumer Protection from Unfair Trading Regulations 2008;
(3) comply with the requirements of all relevant laws, legislation including subordinate legislation, codes and rules of statutorily recognised regulatory authorities applicable in the United Kingdom, the European Union and any territory where the Advertisement is targeted, including the British Code of Advertising Practice and the codes, rulings, determinations and requirements of the Advertising Standards Authority;
(4) do not contain, or contain links to, content which promotes or advertises illegal or immoral activity or product or conduct, including discrimination, illegal substances; pornography; racism, hate, “spam,” mail fraud, pyramid schemes, gambling or gaming, firearms, military recruitment, political candidates;
(5) is not libellous, defamatory, contrary to public policy, or otherwise unlawful in the United Kingdom and/or anywhere where the Advertisement is served or targeted;
(6) do not infringe or violate any copyright, trade mark, any personal or proprietary right or the privacy or confidentiality rights of any person;
(7) is not obscene, offensive, indecent, threatening, menacing, abusive;
(8) do not contain any names or pictorial representation (photographic or otherwise) of any living person and/or any copy by which any living person is or can be identified, unless the Advertiser has obtained the consent of such living person to make use of such name, representation and/or copy;
(9) do comply with any legal or moral obligations placed on UKTO or the Advertiser wherever in the world;
(10) will not, in any other way render UKTO liable to any civil or criminal proceedings during and after the expiration of the Campaign and/or this Agreement; and
(11) in relation to the Buyer Materials submitted to UKTO, contains any virus or other harmful code or will otherwise impair or harm the Telegraph Network or Publisher’s computer systems or any third party computer system.
This clause shall not apply to the extent that UKTO has altered or amended the content of the Advertisement without the prior consent of the Buyer.
UKTO may (at its discretion) disclose the Buyer’s and/or Advertiser’s identity to any third party who is claiming that any material submitted by the Buyer is in breach of any of the warranties set out in clause 12.
The Buyer warrants that it has full power and authority to enter into this Agreement and perform its obligations hereunder.
The Buyer will indemnify and keep UKTO indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach or non-performance of any of the representations, warranties or other terms contained in these conditions or implied by law and against any claim made by the Advertiser against UKTO arising from this Agreement and in relation to any breach by the Buyer of the Advertiser of any statutory duty.
UKTO reserves the right to change the terms and conditions at any time and the Buyer should revisit the terms and conditions before it places an order or makes a booking for an Advertisement to ensure that it is fully aware of the current terms and conditions.
Calls to and from UKTO may be recorded.
The failure of UKTO to enforce any term of or right arising pursuant to this Agreement does not constitute a waiver of such term or right and shall in no way affect UKTO’s later right to enforce or exercise the term or right.
This Agreement shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.