Definitions and Acceptance of the Terms and Conditions
1. Journal Media Limited (“we”,”us”, “our”, “Journal Media”) accepts publication of advertisements on the terms and conditions set out below ("Terms").
2. These Terms apply to: (i) online display advertisements on websites or applications published by Journal Media, The Journal, The 42, Noteworthy (each, a “Site”) ; and (ii) native advertising content published on any Site including social advertisements, digital inserts, quizzes (together "native advertisements").
(iii) advertisements on websites and applications represented by Journal Media, for example Daft.ie, DoneDeal, Adverts (each, a “Site”).
3. By placing an order, the Advertiser (which is the person 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 a display advertising campaign must be provided in accordance with the technical ad specifications provided by us.
5. All required material or copy must be received and/or approved and signed off before midday on the day before an Advertisement is due to be published.
6. We 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 publish, or suspend or change the position of any such Advertisement.
7. The publication of an Advertisement by us does not mean that we accept the Advertisement has been provided in accordance with these Terms or that we have waived our rights under these Terms.
8. The Advertiser guarantees to Journal Media that: (i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading; (ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement; (iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice and all other codes under the general supervision of the Advertising Standards Authority, are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights or rights under Data Protection Laws (as such term is defined below)); (iv) the Advertisement will not be prejudicial to the image or reputation of Journal Media or the Sites, and will not contain anything which Journal Media in good faith considers to be offensive or otherwise inappropriate; (v) all 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 Sites.
9. 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 us and the Advertiser will compensate us for any claim made by such advertiser against us.
Display Advertising
10. 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 Journal Media’s applicable third party provider will be final and binding.
11. We 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, we shall, as the Advertiser's sole remedy and provided the Advertiser has notified us of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. We 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%, we will not be liable unless such over-delivery arises due to Journal Media’s act or omissions.
12. The Advertiser guarantees to Journal Media that any landing page and/or destination site linked to from the Advertisements ("Advertiser's Site") will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice, (iii) not be libellous or obscene, (iv) not infringe the rights of any person (including any person's intellectual property rights); (v) not be prejudicial to the image or reputation of Journal Media or the Sites; (vi) be free from viruses, adware, malware, and/or bit torrents, (vii) not cause an adverse effect on the operation of the Sites, and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice (including, without limitation, the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and the Data Protection Acts 1988 to 2018, once enacted (“Data Protection Laws”)).
13. To the extent that Journal Media uses any data collecting technology (such as cookies, tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking impressions and related data ("Advertiser Data"), we shall notify the Advertiser. Upon sharing Advertiser Data with the Advertiser, to the extent that such Advertiser Data includes Personal Data (as such term is defined in the GDPR), the Advertiser undertakes that it shall process such Advertiser Data in compliance with Data Protection Laws.
14. We will only use any Advertiser Data solely in relation to the Advertiser's particular advertising campaign. All such Advertiser Data collected by us will be treated as the confidential information of the Advertiser and will not be disclosed by us to any third party (other than our service providers for the purpose of complying with our obligations under these Terms or as may be required under law) 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.
Liability of Journal Media
15. We 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).
16. If a booked Advertisement is not published at all solely due to a mistake on our part, we will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled with no penalties incurred. This shall be the Advertiser's sole remedy for failure to publish the advertisement.
17. If the Advertisement as reproduced by us contains a substantial error solely due to a mistake on our part, we shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. We shall not be responsible for repetition of errors and it is the Advertiser's responsibility to inform us of any errors and provide any necessary assistance to us to prevent a repeat of the error.
18. Journal Media does not guarantee continuous, uninterrupted access by users of the Sites but will use reasonable efforts to provide this
Rights
19. We produce all native advertising copy. We own the copyright in all Advertisements written or designed by us or on our behalf.
20. The Advertiser grants Journal Media the right (free of charge) to: (i) use such of the Advertiser's names, trade marks and/or logos as we may consider necessary for the purposes of publishing the Advertisements; (ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last published on the Sites for promotional purposes. For the avoidance of doubt, the content, layout and format of any native advertisement will be subject to variation at our sole discretion.
Terms of payment
21. New Advertisers will be required to pay for their first Campaign prior to the Campaign starting and will be issued an invoice to that effect.
22. Existing customers will be invoiced as appropriate to their Campaign. The Advertiser must pay the invoiced amounts to Journal Media within thirty (30) days from the date of the invoice.
Cancellation policy
23. The cancellation period for an Advertisement varies according to campaign type. The Advertiser may cancel a display advertising campaign with no penalty provided that notice is received by us no later than 24 hours prior to the start date of the campaign. In respect of native advertisements produced by us and signed off by the Advertiser, the minimum notice period for cancellation by the Advertiser is 7 days prior to booked campaign date with 50% of total fee due, to cover production costs incurred by us. In instances where the Advertiser cancels a booked and signed off native advertisement less than 7 days prior to publication, 75% of total fee will be due. 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.
General
24. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
25. If Journal Media 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.
26. 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.
27. These Terms and the documents referred to herein replace all previous agreements between the Advertiser and us, and are the entire agreement between the Advertiser and Journal Media in respect of the 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.
28. These Terms (and any non-contractual obligations arising in connection with them) shall be governed by Irish law and the Irish courts will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
Changes to Terms and Conditions
29. We may change, modify, add to or delete portions of these Terms of Use at any time. When we do, we will notify you of the changes by adding an “updated” icon next to the Terms of Use link on the front page of the Sites for two weeks from the date of the change. However it is your responsibility to regularly review the Terms of Use for changes. By continuing to use our offering you will be deemed to have read, understood and agreed to be bound by these changes.
Updated 21 May 2018