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Terms of Advertising
TaxiPoint Advertising Terms and Conditions
This TaxiPoint Advertising Terms and Conditions Agreement (the “Agreement”) governs the advertising on and use of the TaxiPoint website, digital magazine and subscription mailing (the “Site”) by advertisers (“Advertiser”) (such advertising and use, “Advertising Services”). Advertising on the Site constitutes Advertiser’s and Advertiser’s agency’s acceptance of this Agreement.
Display of Advert
All advertisement is subject to our prior approval. We have the right in our sole and absolute discretion to reject or cancel any advertisements at any time for any reason. TaxiPoint is not responsible for errors or omissions in any advertising materials provided by Advertiser or its agency. Unless otherwise agreed by TaxiPoint and Advertiser in writing, TaxiPoint shall have the right to insert the advertising in various areas of the Sites in TaxiPoint sole discretion. You grant TaxiPoint a limited licence to store, transmit, reproduce, distribute and display your advertisements to the extent necessary for TaxiPoint to provide the Advertising Services to you.
Payment of Advert
In the event that Advertiser fails to make payment as and when due, we may immediately cancel all orders for advertising. We reserve the right to hold Advertiser and its advertising agency jointly and severally liable for such monies as are due and payable to us. Our advertising rates are subject to change without notice. Special clauses and insertion orders or contracts are not accepted if relating to our legal liability. In the event TaxiPoint does not receive payment or Advertiser or its agency otherwise breach the terms of this Agreement, Advertiser and/or its agency shall pay all of TaxiPoint costs and expenses in connection with enforcement and/or collection proceedings including legal fees. Advertising fees are non-refundable unless the advertisement is cancelled prior to the commencement of the advertising campaign, which is defined as the moment the advertisement is first published. Advertiser and its agency agree to pay any tax or other charges which may be imposed on any of their advertisements, or any products or services offered, sold, or licensed through the advertisements or the Advertiser’s Site, in addition to fees charged by us.
All advertisements are accepted and made available on the Sites upon your warranty that you are authorised to make available on the Sites the entire contents and subject matter of the advertisement and that such advertisement will not violate any law or infringe upon any right of any party. You are required to comply with all applicable laws and regulations in connection with your use of the Sites and your advertising on the Sites (including without limitation, laws relating to user privacy and the gathering, storage and usage of personally identifiable information collected from end users of the advertisements) and such further limitations as may be set forth in any written or on-screen notice from us. By using any of the Sites or advertising on any of the Sites, you represent and warrant that you will not use the Sites for any purpose that is either unlawful or prohibited by this Agreement. If Advertiser or its agency becomes aware of a suspected or actual breach of security or unauthorised access affecting personally identifiable information, Advertiser or its agency will notify TaxiPoint as soon as possible and take all action necessary and required to address the breach.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, TAXIPOINT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, ASSOCIATED WITH ADVERTISING AND RELATED SERVICES PROVIDED ON THE SITES, ADVERTISER’S USE OF OR PARTICIPATION IN THE ADVERTISEMENT SERVICES, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION: (A) EXPRESS OR IMPLIED WARRANTIES; (B) WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE; (C) WARRANTIES OF UNINTERRUPTED OPERATION WITHOUT ERROR; (D) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES; AND (E) EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF THE ADVERTISING SERVICES. ADVERTISING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING, TAXIPOINT DOES NOT GUARANTEE ANY GIVEN LEVEL OF CIRCULATION, DISTRIBUTION, REACH OR READERSHIP FOR ANY ADVERTISEMENT.
Limitation of Liability
IN NO EVENT SHALL TAXIPOINT BE LIABLE FOR ANY ACT OR OMISSION, OR ANY EVENT DIRECTLY OR INDIRECTLY RESULTING FROM ANY ACT OR OMISSION OF ADVERTISER OR ANY THIRD PARTIES (IF ANY). IN NO EVENT SHALL TAXIPOINT BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF TAXIPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AGGREGATE LIABILITY TO ADVERTISER AND ITS AGENCY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE LESSER OF (A) THE AMOUNT PAID TO TAXIPOINT BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM AND (B) £100. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
The financial and other terms of the Advertising Services provided hereunder are confidential and shall not be disclosed by Advertiser or its agency to any third party.
TaxiPoint reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Sites and/or Advertising Services, with or without notice and with or without cause. The provisions of this Agreement will survive the termination of your access to the Sites and Advertising Services.