A Definitions and Acceptance of the Terms and Conditions
1. Auditions Adda (“AA”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. AA agrees that all Advertisements will be targeted at individuals in the UK unless otherwise agreed in writing between the parties at the time of booking.
3. Where non-India targeting is required, AA will endeavor to target the Advertisement at individuals in the geo-location specified at the time of booking.
6. AA 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 AA will be treated as the confidential information of the Advertiser and will not be disclosed by AA to any third party (other than AA’s service providers for the purpose of AA 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.
7. In the event an advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro-rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
Advertisement Auditions Adda
8. AA does not guarantee that Advertisements booked through Auditions Adda will appear on any particular Website and/or that impressions will be spread evenly across any particular websites. Furthermore, AA does not guarantee that inventory meeting any criteria selected by the Advertiser will necessarily be available nor that it will be available in the volume desired by Advertiser. Where non-standard ad creatives (i.e. outside of IAB Leaderboard, Skyscraper & MPU) are not accepted by an ad exchange, the Advertiser shall submit standard creative in order for AA to fulfil the booking.
9. AA will implement its default brand safety measures in respect of the sites on which Advertisements booked through Auditions Adda will appear. AA serves all advertising for Auditions Adda on a whitelist which has been manually vetted to ensure the quality of the sites. Notwithstanding the foregoing, AA makes no guarantees regarding the quality and/or suitability of any sites on which Advertisements booked through Auditions Adda appear.
10. The Advertiser may implement its own brand safety measures and site filters in addition to the default brand safety measures provided by AA. Any such additional brand safety measures and filters implemented by the Advertiser shall operate by blocking the relevant Advertisement from appearing on the relevant site after it has been served by AA and will therefore not affect the number of impressions deemed to have been served in any campaign period.
11. If an Advertisement booked through Auditions Adda is published on a site which the Advertiser reasonably believes to be unsuitable or an Advertisement appears on the Website in a manner which the Advertiser reasonably believes to be unsuitable, the Advertiser may notify AA and AA will, as the Advertiser’s sole remedy, use reasonable endeavours to remove the Advertisement from the site and/or the Website (as applicable) within 24 hours, where entirely within AA’s control. For more information about AA’s brand safety measures, please consult AA’s Brand Safety Policy, which can be found here.
Cookie usage on Auditions Adda
12. 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 AA in advance of booking an Advertisement and provide all information requested by AA regarding such Data Collecting Technology.
13. If AA agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, AA will provide written authorisation to the Advertiser. Subject to the foregoing, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to AA.
14. All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by AA and will not be disclosed by the Advertiser to any third party without AA’s prior written consent.
15. 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 AA has given agreement in writing. AA reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses 23-26.
16. 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.
17. 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 AA and the Advertiser.
18. Occasionally, AA cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the print run. Where this happens, AA will distribute all ‘overs’ at the next suitable opportunity (usually the next day or next available date arranged with the print sites). The Advertiser will be liable for the full cost of the Insert order. In no event will AA be liable for loss arising from failure to insert or any errors in the insertion of Inserts
Liability of AA
19. AA accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to AA 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 AA.
20. AA shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
21. Advertisements normally appear on the website.
22. AA 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).
23. AA cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of AA. However, AA will use reasonable efforts to comply with the wishes of the Advertiser.
24. If a booked Advertisement is not published at all solely due to a mistake on AA’s part, AA 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.
25. If the Advertisement as reproduced by AA contains a substantial error solely due to a mistake on AA’s part, AA shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. AA shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform AA of any errors and provide any necessary assistance to AA to prevent a repeat of the error.
26. AA 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 AA and the Advertiser, and AA’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.
27. In respect of Advertisements on the Website, AA does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this (except for websites booked through Auditions Adda over which AA has no control). In addition, AA 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 AA.
28. AA is not responsible for the content or operation of sites booked through Auditions Adda.
29. For the avoidance of doubt, nothing in these Terms will limit or exclude AA’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
30. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
31. The Advertiser will fully indemnify AA 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 AA in accordance with these Terms.
32. AA owns the copyright in all Advertisements written or designed by it or on its behalf.
33. The Advertiser grants AA the right (free of charge) to:
use such of the Advertiser’s names, trademarks and/or logos as AA 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 website for promotional purposes. For the avoidance of doubt, the content, layout, and format of any Website will be subject to variation at AA’s sole discretion.
34. 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 AA 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.
35. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, AA may treat the order as cancelled.
36. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
37. If AA 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.
38. 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.
39. These Terms are the entire agreement between the Advertiser and AA in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both AA and the Advertiser.
40. 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.