All About Yoga, Terms & Conditions of Advertising
Advertising T&Cs
Terms of Use

ADVERTISING T&Cs

1. In these Advertising Terms and Conditions, (a) "the Publisher" means All About Yoga Limited, (Registered address: Mayflower House, 24 Anglesmede Crescent, Pinner, Middlesex, HA5 5SP. Company No. 5728962) (b) "Buyer" means the person placing the order to insert the Advertisement, whether such person be the advertiser of the product/service (the 'Advertiser') or the Advertiser's advertising agency or media buyer; (c) an 'Advertisement' means the matter to be published or separately inserted.

The publisher offers the service of publishing Advertisements on allaboutyoga.co.uk. These Advertising Terms and Conditions apply to Advertisements published in the All About Yoga newspaper, London Wheels and on All About Yoga.com.

The Buyer's General Obligations


2. The Buyer contracts with the Publisher as principal. Where the Buyer and the Advertiser are different persons, the Buyer warrants that it is properly authorised to place the Advertisement on behalf of the Advertiser.

3. The Buyer warrants that in relation to an Advertisement as submitted or subsequently amended:
(a) the reproduction and/or publication of such Advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever;
(b) all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority, OFCOM or any other applicable body; and
(c) in relation to any financial promotion the Advertiser is, or the contents of the Advertisement have been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 and related legislation including but not restricted to Financial Services and Markets 2000 (Financial Promotion) Order 2001 or that the Advertisement is otherwise permitted under that Act or related legislation.

4. The copyright for all purposes in all artwork, copy and other material which the Publisher or its employees have originated or reworked shall vest in the Publisher. The Buyer grants the Publisher a licence to reproduce on allaboutyoga.co.uk all material not so vesting unless specifically agreed otherwise.

5. The Buyer agrees to check the correctness of the Advertisement. Any complaint, whether about the Advertisement (and of each individual Advertisement if part of a series) or the details contained in the invoice or email confirmation of booking (as the case may be), must be raised with the Publisher within 7 days of publication or receipt of invoice or email confirmation of booking (whichever is the earlier) and will not affect the liability for payment at the due time.

6. The Buyer will indemnify the Publisher and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the Publisher arising directly or reasonably foreseeable as a result of any breach or non-performance by the Buyer of any of the representations, warranties or other terms herein contained or implied by law.

7. All material contained on allaboutyoga.co.uk is published in good faith, the Publisher does not in any circumstances accept responsibility for the accuracy or otherwise of any Advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). The Publisher specifically disclaims all and any liability to the Buyer, Advertisers, readers and users of any kind (other than death or personal injury caused by the Publisher's negligence or breach of statutory duty) for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the Publisher or its employees or agents or any other person. Save in the case of death or personal injury caused by the Publisher's negligence or breach of statutory duty, under no circumstances shall the Publisher be liable to the Buyer or the Advertiser or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the Publisher was advised of the possibility of such losses. In all other respects, the Publisher's liability shall be limited to either (a) placement of a new Advertisement the same or similar to the Advertisement originally booked on allaboutyoga.co.uk or (b) the amount paid or payable by the Buyer.

8. The Buyer agrees that the Publisher has no liability in respect of any box numbers and agrees not to use box numbers.

The Buyer's Payment Obligations


9. Payment in respect of the Advertisement (including where relevant any associated production, late copy or amendments) is due in advance of publication except where the Publisher has confirmed its agreement in writing to allow credit to the Buyer, in which case payment shall be due:
(a) no later than 2pm on the last working day prior to the 16th day following the end of the month in which the Advertisement appeared.
Payment shall mean (i) the receipt by the Publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque subsequently honoured or at the bank of monies transferred electronically or through the clearing bank's Giro credit system or (ii) payment by credit card which may be subject to an additional administration charge. For the avoidance of doubt in determining the last working day of the month, only English bank holidays shall apply.

10. (a) In respect of consumer Buyers, the Publisher shall provide an email confirmation of booking for each Advertisement published on allaboutyoga.co.uk. Upon request, an invoice will be provided to a consumer Buyer for any Advertisement.

(b) In respect of trade Buyers, the Publisher shall provide an invoice for each paid Advertisement on allaboutyoga.co.uk, and to provide an email confirmation of booking for each Advertisement placed on allaboutyoga.co.uk. Open item statements are provided to each mid-monthly and agency Buyer to whom credit is extended at the beginning of the month in which payment is due. Liability for payment arises from publication of the Advertisement. Further, all items on the statement are deemed to be payable; any errors or omissions must be communicated to the Publisher in accordance with clause 5 and in time to be rectified before payment becomes due. Payment for the Advertisement shall be made whether or not the Buyer shall have provided the Publisher with an order number at the time the Advertisement was booked.

11. The Buyer agrees to pay the Publisher in respect of each Advertisement for which payment is not made by the due time: (a) the sum of £25 as an administration charge and (b) the interest on the amount paid late at the rate of four per cent above the base rate of National Westminster Bank plc accruing from day to day (including the day on which payment was due) both before and after judgment. Any such additional charge is payable within seven days following delivery of the Publisher's invoice particularising it.

The Publisher's Obligations


12. The Publisher will publish Advertisements as requested on allaboutyoga.co.uk.

13. The Publisher may decline to publish, or omit, suspend, edit, change the position or require amendment of all or any part of any Advertisement accepted for insertion. The Publisher is not obliged to publish any Advertisement on a particular day or in a particular position.

14. The Publisher will charge an administration fee for any requested amendments to Advertisements inserted on allaboutyoga.co.uk.

15. In order to keep content on allaboutyoga.co.uk current, the Publisher reserves the right, and will remove any Advertisement where the product or service being offered has or will expire within 3 working days. These Advertisements will be removed within two days of the date they are due to expire.

16. The Publisher will not be liable for any loss of copy, artwork, photographs or other materials. The Buyer warrants that it has retained copies and the originals of Advertisements.

17. The Buyer may cancel an Advertisement only in accordance with this clause 15. The Buyer's right to cancel depends upon whether he or she is a "Consumer" (as that term is defined in the Consumer Protection (Distance Selling) Regulation 2000 (the "Regulations")) or not (ie a "trade Buyer") as follows:

(a) A "Consumer" Buyer as defined in the Regulations may cancel the placement of an Advertisement at any time up to the expiry of seven working days beginning with the day after the day on which the "Consumer" Buyer places its order for an Advertisement. However, the "Consumer" Buyer accepts that if the Publisher commences providing services in relation to the placing of the Advertisement prior to the expiry of such seven day cancellation period with the "Consumer" Buyers agreement, the "Consumer" Buyer will lose his or her right to cancel at that time. For the avoidance of doubt, the "Consumer" Buyer agrees that the Publisher will start to provide services in relation to the placing of the Advertisement by 5.30pm, two days prior to the publication of the Advertisement and that the "Consumer" Buyer will lose any right to cancel under this clause 15(a) unless the "Consumer" Buyer notifies the Publisher prior to that time that it does not want the Publisher to commence providing the services.
(b) A trade Buyer may cancel at any time between placing the order and by 12.30pm, three days after the publication of the Advertisement.

Upon cancellation, the Buyer shall be entitled to a full refund. If the Buyer is deemed unable to pay its debts within section 123 of the Insolvency Act 1986, this may be treated as a cancellation.

18. Without prejudice to the Publisher's entitlement to be paid, in the event of any error in the publishing of the Advertisement caused by the act or omission of the Publisher, the Publisher at its sole discretion may either re-insert the Advertisement or make a reasonable refund of or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the Advertisement.

19. There is no obligation on the Publisher to supply voucher copies, tearsheets or other acceptable facsimile, illustrating publication and their absence shall not affect the Buyer’s liability for payment.

20. These Advertising Terms and Conditions apply to Advertisements published on allaboutyoga.co.uk.

General


21. While All About Yoga endeavours to ensure that this Website is normally available 24 hours a day, All About Yoga shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond All About Yoga's control.

22. From time to time, the Publisher or its associated companies may contact a Buyer in compliance with the Publisher's Data Protection and Privacy Policy with details of products and services which may be of interest. The Buyer can email us if the Buyer no longer wishes to be contacted or has any queries.

23. The placing of an order for an Advertisement amounts to an acceptance of these terms to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.

24. If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by the Publisher shall be effective except in relation to the matter in respect of which it was specifically given.

25. Nothing in these terms is intended to confer on any person any right to enforce any provision of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Buyer is a 'consumer' (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000), the Buyer agrees that the provision of services under these terms may, by agreement between the Buyer and the Publisher, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of services shall not apply.

26. These terms shall be construed under and governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.