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Advertising Terms and Conditions
Park Paddocks Digital Screens
23 May 2024
 

Definitions and Acceptance of the Terms and Conditions

1. Barnes Thompson Ltd  (“BT”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).

2. These Terms apply to:

  • Advertisements on the PP Digital Screens located at Tattersalls, Park Paddocks,  Newmarket, Suffok,  UK (“PP Digital”)

(together “Advertisements”).

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.

Content and Delivery of Advertisements

4. Materials for any Advertisement must adhere to BT’s technical specifications and be delivered to BT within the designated timeframes, as set out on the specification sheet. BT will own the copyright in all Advertisements written or designed by Barnes Thompson or on its behalf.

5. BT | Tattersalls Ltd 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, or change the position of any such Advertisement. BT may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising on the PP Digital Screens. The Advertiser will remain responsible for all outstanding charges.

6. The publication of an Advertisement by BT does not mean that BT accepts the Advertisement has been provided in accordance with these Terms or that BT has waived its rights under these Terms.

7. The Advertiser guarantees to BT 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 BT or Tattersalls, and will not contain anything that BT in good faith considers to be offensive or otherwise inappropriate; all digital Advertisements submitted for publication will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the PP Digital Screens; and

  • All digital Advertisements comply with (i) the standards for advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii) the “L.E.A.N.” best practice principles for 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 BT and the Advertiser will compensate BT for any claim made by such advertiser against BT.

               a. 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. BT 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 BT should be made in accordance with BT’s Financial Terms & Conditions which are: has applied for and been accepted as a credit account customer, and during this process has given accurate and consistent billing address details. BT will provide services only on a pre-payment basis, with receipt of cleared funds. BT’s standard payment terms are cleared funds 14 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 dispatched and payment by bank transfer should be processed by the customer three working days prior to the due date. BT reserve the right to charge interest on late payment at 4% above the Bank of England base rate.

         b.Liability of BT

11. BT accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to BT 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 BT.

12. BT 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).

13. BT cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of BT. However, BT will use reasonable efforts to comply with the wishes of the Advertiser.

14. If a booked Advertisement is not published at all solely due to a mistake on BT’s part, BT 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.

15. If the Advertisement as reproduced by BT contains a substantial error solely due to a mistake on BT’s part, BT shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. BT shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform BT of any errors and provide any necessary assistance to BT to prevent a repeat of the error.

16. BT 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 BT and the Advertiser, and BT’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.

17. In respect of Advertisements on the PP Digital Screens, BT does not guarantee continuous, uninterrupted access by users of the PP Digital Screens but will use reasonable efforts to provide this.

18. For the avoidance of doubt, nothing in these Terms will limit or exclude BT’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.

19. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.

20. The Advertiser will fully indemnify BT 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 BT in accordance with these Terms. 

21. Barnes Thompson Ltd owns the copyright in all Advertisements written or designed by it or on its behalf.

22. The Advertiser grants BT the right (free of charge) to:

  • use such of the Advertiser’s names, trade marks and/or logos as BT 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 PP Digital Screens.

23. The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card, here. The Advertiser may cancel an Advertisement provided that notice in writing is received by BT within the relevant cancellation period of 30 days prior to the start of the sale. 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.

24. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, BT may treat the order as cancelled.

         c. General

25. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.

26. If BT 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.

27. 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.

28. These Terms are the entire agreement between the Advertiser and BT in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both BT and the Advertiser.

29. 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. 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.

30. Subject to clause 19, 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: 23 May 2024

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