Advertisement Terms & Condition
All advertisements accepted by Freight Box in any of its online products are accepted subject to these terms and conditions. Any other conditions proposed by the Customer shall be void unless accepted by Freight Box in writing.
All advertising copy (if provided by the customer) is subject to approval by Freight Box which reserves the right to reject or cancel any advertisement or part thereof deemed unsuitable for any reason.
All Banner ad cancellations must be received in writing 3 working days prior to the cancellation of the ad(s).
Absence of written notification after verbal reservation does not invalidate advertising commitment.
Conditions and rates are subject to change upon written notice from Freight Box. Any rate changes will be announced to currently contracted advertisers in writing on Freight Box’s Web site.
Freight Box is not bound by any conditions printed or otherwise, in the advertiser's instructions if they conflict with the rates or specifications published on this site or any of the terms & conditions contained herein.
Freight Box may terminate the advertisement any time if the Customer is in material breach of its obligations hereunder that is not remedied within 14 days after the date of Freight Box’s written notice, except as otherwise stated in this Agreement with regard to specific breaches.
The Customer hereby warrants, represents and undertakes to Freight Box that:
- In respect of the Advertising Copy or any part thereof supplied by the Customer or any other material provided to Freight Box by the Customer (including the Customer’s and/or Advertiser’s brand) it will not infringe the copyright, trade mark or any other intellectual property or other proprietary rights or be defamatory of any third party or obscene, indecent, offensive or liable to incite racial hatred and their publication by Freight Box will not give rise to a right for any third party to claim payment and/or damages.
- The Customer and/or the Advertiser has obtained and paid for all necessary consents, licences, and permissions to advertise on the website.
- The Customer has taken or will take all necessary steps to ensure that all advertising it provides for display on the Site will not be illegal or actionable for any reason in any territory and shall comply with all applicable legislation, rules and regulations including for the avoidance of doubt any applicable advertising and/or relevant financial services standards and codes.
- If any Advertising Copy contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Customer warrants that the Customer and/or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
- The Advertising Copy contains no viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- The Customer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertising Copy relates and will indemnify and hold Freight Box harmless accordingly.
- It will comply fully with the requirements of the Data Protection Act 1998 (as amended from time to time) and the Bribery Act 2010
Freight Box warrants that it is authorized by the Licensor to enter into agreements subject to these terms and conditions.
The Customer will fully indemnify and keep Freight Box and its directors, officers and employees fully indemnified against all actions, proceedings, costs (including legal fees), damages, expenses, fines, losses (including loss of profits) penalties, claims, demands and liabilities directly or indirectly suffered or incurred by Freight Box (or its directors, officers or employees) howsoever arising from any breach of the Customer’s warranties, obligations or agreements contained herein.
The Customer will provide Freight Box with full co-operation in defending any claim or complaint concerning the Advertising Copy including, but not limited to, providing evidence in support of advertising claims and copies of documentation evidencing the clearance of relevant underlying third party proprietary rights.
The Customer acknowledges and confirms that Freight Box has not provided it with any guarantees concerning reach of the site or target audience. Any statistics related to the site provided to the Customer are provided as an estimate based on prevailing available research only and may not be relied on by the Customer as a representation or otherwise.
LIMITATION OF LIABILITY
Freight Box shall not be liable to the Customer or the Advertiser, under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, for any loss of profit, goodwill, business opportunity, anticipated saving or any type of special, indirect or consequential loss or damage.
Freight Box’s entire liability (if any) to the Customer and/or Advertiser, under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall be limited to the amount actually paid by the Customer to Freight Box.
Neither party’s liability to the other shall be excluded or limited by the provisions of this Agreement, save to the extent permitted by law in respect of:
- death or personal injury resulting from the negligence of itself, its servants or agents;
- fraud; or
- any other liability the exclusion of which is prohibited or limited by law.
NON-DISCLOSURE, DATA OWNERSHIP, PRIVACY AND LAWS
Any marked confidential information and proprietary data provided by one party, including the Ad description, and the pricing of the Ad, set forth shall be deemed “Confidential Information” of the disclosing party. Confidential Information shall also include information provided by one party, which under the circumstances surrounding the disclosure would be reasonably deemed confidential or proprietary.
Neither party will use any portion of Confidential Information provided by the other party hereunder for any purpose other than those provided for under this Agreement.
Notwithstanding anything contained herein to the contrary, the term “Confidential Information” shall not include information which:
- was previously known to a party;
- was or becomes generally available to the public through no fault of the receiving party (“Recipient”);
- was rightfully in the Recipient’s possession free of any obligation of confidence at, or subsequent to, the time it was communicated to Recipient by the disclosing party (“Discloser”);
- was developed by employees or agents of the Recipient independently of and without reference to any information communicated to Recipient by Discloser; or
- was communicated by the Discloser to an unaffiliated third party free of any obligation of confidence. Notwithstanding the foregoing, either party may disclose Confidential Information in response to a valid order by a court or other regulatory body, as otherwise required by law or the rules of any applicable regulator.
Freight Box and the Customer shall comply with their respective privacy policies from time to time.
The Customer shall not do, or attempt to do, any of the following without the prior written consent of Freight Box:
- collect or use any data regarding the Sites, except that the Agency and Advertiser may use anonymous statistical data regarding a campaign that is gathered during delivery or tracking of Ads pursuant to the applicable IO (e.g., number of impressions or interactions), provided that such data does not contain or comprise any Personal Data, and does not identify or allow identification of Freight Box, the Sites, any brand, content, context, or users of the Sites as such, and provided further that if such data is to be shared with any third party, such data shall not include or be combined with any details of the relevant campaign (e.g. pricing information, description of Ads activity, placement information, and any targeting information), any Personal Data, or any Confidential Information of Freight Box; or
- use any data obtained from Freight Box, the Sites, or users of the Sites, to retarget any user of the Sites on any other website or to create or build a non-public profile of that user for purposes other than the performance of the relevant.