Advertising Terms and Conditions
A Definitions and Acceptance of the Terms and Conditions
- Noobs2pro accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
- These Terms apply to:
- Advertisements in the form of Reviews and Promotional campaigns on Noobs2pro.com.
- online advertisements on www.noobs2pro.com (the “Website”); and Promotions on Social Media
- 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.
B Content and Delivery of Advertisements
- Materials for any Advertisement (whether print or digital) must adhere to Noobs2pro technical specifications and be delivered to Noobs2pro within the applicable timeframes. When Noobs2pro builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements.
- Noobs2pro 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, not print, suspend or change the position of any such Advertisement. Noobs2pro may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the platforms. The Advertiser will remain responsible for all outstanding charges.
- The publication of an Advertisement by Noobs2pro does not mean that Noobs2pro accepts the Advertisement has been provided in accordance with these Terms or that Noobs2pro has waived its rights under these Terms.
- The Advertiser guarantees to Noobs2pro 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 libelous 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 Noobs2pro or the Website or the Newspapers, and will not contain anything with Noobs2pro in good faith considers to be offensive or otherwise inappropriate;
- all digital 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; and
- all digital Advertisements comply with (i) the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK, each as may be updated from time to time.
- Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the advertiser of a product or service to place the Advertisement with Noobs2pro and the Advertiser will compensate Noobs2pro for any claim made by such advertiser against Noobs2pro.
- All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the negotiations on the date of publication. Noobs2pro may change its rates at any time by publishing the modified rates. 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.
- All sums payable to Noobs2pro should be made in accordance with Noobs2pro’s Financial Terms & Conditions which are: Noobs2pro will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. No refunds will be provided once the payment is made.
D Online Advertisements
- The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by Noobs2pro’s applicable third-party provider will be final and binding.
- Noobs2pro cannot guarantee the number of impressions. In the event, the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, Noobs2pro shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified Noobs2pro in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. Noobs2pro will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, Noobs2pro will not be liable unless such over-delivery arises due to Noobs2pro’s act or omissions.
- Noobs2pro agrees that all Advertisements will be targeted at individuals from around the world unless otherwise agreed in writing between the parties at the time of booking.
- Noobs2pro 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 Noobs2pro will be treated as the confidential information of the Advertiser and will not be disclosed by noobs2pro to any third party (other than Noobs2pro’s service providers for the purpose of Noobs2pro 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.
E Cookie usage on Noobs2pro.com
- Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on the Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify noobs2pro in advance of booking an Advertisement and provide all information requested by Noobs2pro regarding such Data Collecting Technology.
- All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by Noobs2pro and will not be disclosed by the Advertiser to any third party without Noobs2pro’s prior written consent.
- In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where Noobs2pro has given agreement in writing. Noobs2pro reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses.
- The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Advertisement (collectively, the “Advertiser Partners”) shall comply with these Terms.
- The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between Noobs2pro and the Advertiser.
F Liability of Noobs2pro
- Noobs2pro accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to Noobs2pro 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 Noobs2pro.
- Noobs2pro shall use its reasonable endeavors to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
- Advertisements normally appear in all websites and posts but Noobs2pro reserves the right to omit certain Advertisements from the European editions.
- Noobs2pro 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).
- Noobs2pro cannot guarantee the time, dates, and/or position of Advertisements and all such decisions will be at the sole discretion of Noobs2pro. However, Noobs2pro will use reasonable efforts to comply with the wishes of the Advertiser.
- If a booked Advertisement is not published at all solely due to a mistake on Noobs2pro’s part, Noobs2pro will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be canceled 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.
- If the Advertisement as reproduced by noobs2pro contains a substantial error solely due to a mistake on noobs2pro’s part, noobs2pro shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. noobs2pro shall not be responsible for the repetition of errors and it is the Advertiser’s responsibility to inform noobs2pro of any errors and provide any necessary assistance to Noobs2pro to prevent a repeat of the error.
- Noobs2pro 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 Noobs2pro and the Advertiser, and Noobs2pro’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.
- In respect of Advertisements on the Website, noobs2pro does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this In addition, Noobs2pro will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of noobs2pro.
- For the avoidance of doubt, nothing in these Terms will limit or exclude Noobs2pro’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
- Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
G Liability of the Advertiser
- The Advertiser will fully indemnify Noobs2pro 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 Noobs2pro in accordance with these Terms.
- Noobs2pro owns the copyright in all Advertisements written or designed by it or on its behalf.
- The Advertiser grants Noobs2pro the right (free of charge) to:
- use such of the Advertiser’s names, trademarks and/or logos as Noobs2pro 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 in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout, and format of any Website or Newspaper will be subject to variation at Noobs2pro’s sole discretion.
I Cancellation policy
- The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card mail. The Advertiser may cancel an Advertisement provided that notice in writing is received by noobs2pro within the relevant cancellation period. In respect of Advertisements on the Website, 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.
- If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, Noobs2pro may treat the order as canceled.
- A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
- If Noobs2pro 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.
- 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.
- These Terms are the entire agreement between the Advertiser and Noobs2pro in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both Noobs2pro and the Advertiser.
- 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 (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgment or click-through agreement). 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.
- Subject to clause 41, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by Indian law and the courts of India and will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).