Disclaimer, Terms & Conditions
All rights reserved by Madison Publications Ltd (t/a ESM: European Supermarket Magazine). Reproduction without permission is strictly prohibited. Every care is taken in compiling the contents of this publication, but the proprietors assume no responsibility in the effects arising therefrom.
No responsibility is accepted for loss or damage of manuscripts submitted for publication. Views expressed are not necessarily those of the proprietors. The proprietors reserve the right to refuse advertisements.
'30-Day Free Trial' Subscription - Terms & Conditions
Please note that payment details are required during trial sign up, however you may cancel at any time up to the end of the 30-day trial period and you will not be charged. Should you wish to cancel your subscription within the trial period, please contact our Customer Service Manager, Colette O’Brien at colette@esmmagazine.com or +353 1 236 5823.
If you continue after the trial period, then the annual rate of €109 will be debited. All pricing inclusive of VAT. You will continue to receive our FREE weekly ESM email bulletin even if you cancel your trial. Subscriptions will automatically renew one year on from the date that the first payment is taken, unless ESM is notified in advance.
Advertising Terms & Conditions
All bookings are accepted subject to Madison Publication Ltd’s normal terms and conditions.
1. Definitions
In these terms and conditions: the “Publisher” means Madison Publications Limited; the “Advertiser” means the person, firm or company who is the advertiser or an advertising agency or other representative acting on behalf of the advertiser. An “Order” means an order for the publication of an Advertisement in the Publication; an “Advertisement” means the copy or artwork, comprising the subject matter of an Order; and the “Publication” means the publication named on the Order.
2. Orders
2.1 Each Order which is agreed between the parties will form a separate agreement (the “Agreement”) on and subject to these terms and conditions (and to the exclusion of any other terms and conditions subject to which any such order is purported to be made by the Advertiser). Orders placed by telephone shall be treated in all respects as written Orders. Any additional terms and conditions agreed between the parties as part of any Order shall take precedence over these terms and conditions to the extent of any conflict.
2.2 The Advertiser agrees to purchase advertising space for the number of Advertisements, duration, frequency and at the rate as indicated in the relevant Order. The Publisher agrees to use all reasonable endeavours to comply with the Advertiser’s clear instructions, however, the Advertiser shall be solely responsible for requesting and checking copy for errors.
3. Copy and photographs
3.1 The Publisher may refuse or may edit any Advertisement so as to comply with legal or moral obligations placed on either party, to correct typographical errors or technical inaccuracies that may appear from time to time. Copy may be amended as requested by the Advertiser provided that amended copy is received by any copy deadline specified by the Publisher.
3.2 In the event that any Advertisement contains excessive wording for the advertising space permitted by the Publisher, the Publisher may delete, truncate or abbreviate excessive wording in any Advertisement at its discretion. Where Advertisements with excessive wording are published, this shall not be accepted as a precedent.
4. Advertiser’s obligations and warranties
4.1 The Advertiser agrees that any questions and complaints regarding any Advertisement are the exclusive responsibility of the Advertiser. The Publisher may receive copy by email transmission or fax from time to time. However the Advertiser using such facilities shall do so at its own risk and the Publisher shall not be liable for non-receipt or corruption of any text, font, image or material.
4.2 The Advertiser warrants that:
4.2.1 All copy and any other information and materials provided by the Advertiser is complete and accurate, legal, non-defamatory, decent, honest and truthful and complies with all current EU relevant legislation.
4.2.2 the Advertiser contracts with the Publisher as a principal (notwithstanding that the Advertiser may be acting as an advertising agency or in some other representative capacity, in which case, the Advertiser warrants that it is authorised to place the Advertisement with the Publisher);
4.2.3 the reproduction and/or publication of the Advertisement by the Publisher as originally submitted or as amended pursuant to clause 3 will not breach any contract or infringe any copyright or other third party intellectual property rights or render the Publisher liable to any proceedings whatsoever;
4.2.4 In respect of any Advertisement submitted for publication which contains any copy by which any living person is or can be identified, the Advertiser has obtained the necessary authority of such living person for the Publisher to make use of such copy under this Agreement. 4.2.5 If the Advertiser fails to supply the Publisher with instructions for the Advertisement by the date stipulated by the Publisher, the Publisher reserves the right to repeat the most recent advertisement of the Advertiser.
5. Payment
5.1 The Advertiser agrees to pay to the Publisher the charges due in respect of an Order at the prevailing rate on or before the due date specified by the Publisher from time to time. If the Advertiser fails to make any payment by the due date then all monies owing by the Advertiser to the Publisher shall immediately become due and payable. The Advertiser shall not be entitled to set off payment for any Order for any reason. The advertising rates applicable to an Order are exclusive of VAT and payment of VAT at the current applicable rate must accompany all payments. Payment terms may vary if made by Direct Debit.
5.2 Payment must be sent to the address on the Order, which is sent by post at the Advertiser’s sole risk. The Publisher reserves the right to decide the amount of any credit extended to the Advertiser in its sole discretion and the Publisher shall be entitled to withdraw credit facilities from the Advertiser at any time.
5.3 When a sum owing has not been received in full by the Publisher 30 days from the due date a surcharge of 7% above base rate may be and the Publisher shall be entitled to suspend any Advertisements placed by or on behalf of the Advertiser until such time as payment has been received in full.
5.4 In the event that the Advertiser takes the benefit of an agreed discount and the Advertiser fails to purchase the agreed minimum number of Advertisements over the duration of the Agreement, the Publisher shall be entitled to charge the full rate card price for the adverts or advertorials that have run or that are due to run within two weeks of the copy deadline.
5.5 The credit card that is included with the contract will not be charged unless requested to by the client. However the client by signing this agreement agrees for the credit card to be used for payment if payment has not been received by the Publisher within 90 days of publication.
6. Intellectual Property rights
6.1 All intellectual property rights in any copy, artwork, photographs and other materials which the Publisher or its employees, contractors, agents or associated companies have created or altered shall vest in the Publisher. To the extent that any intellectual property rights are not automatically vested in the Publisher, the Advertiser assigns to the Publisher all such rights in any copy, artwork, photographs and other materials comprised in any Advertisement including without limitation, copyright in photographs previously submitted to the Publisher and submitted in future, whether or not such photographs are in existence at the date of the Order.
6.2 The Publisher is hereby permitted to reproduce, publish and distribute (or to permit the same) all Advertisements (including without limitation all copy, artwork, photographs and other materials) and to include them in any publication (including without limitation the Publication), electronic or otherwise. No part of any advertisement or any Publication may be used in any other publication without the prior written consent of the Publisher.
7. Cancellation and termination
7.1 The Advertiser may cancel an Order by written notice to the Publisher provided that such notice is received by the Publisher at least 30 days prior to copy deadline date for the edition of the European Supermarket Magazine that the Order (advert) is set to run. The Publisher cannot accept the cancellation of any Order purported to be made after the cancellation deadline, which Order shall be charged at the agreed rate. In the case of an Order that includes multiple bookings of adverts as part of a campaign, the cancellation of an advert that is a component of the Order (campaign) will still be subject to the terms and conditions of the cancellation deadline dates for the related issue the advert(s) are set to run in. The client will also be subject to the terms and conditions outlined about termination or changes to Orders that are placements of multiple adverts as part of a campaign (see 5.4). The last day for cancellations of adverts booked for the European Supermarket Magazine (ESM) is 30 days prior to the copy deadline date of the issue the advert is booked for. The copy deadline dates for the 2020 editions are as follows: issue 1 13/01/20, issue 2 12/03/20, issue 3 28/04/20, issue 4 29/07/20, issue 5 11/10/20 and issue 5 23/11/20.
7.2 In the case where an Order (Advert) is booked to run alongside a show preview for an international exhibition such as the PLMA, SIAL, Anuga that the Publisher is scheduled to run within the European Supermarket Magazine but which the Publisher has been required to cancel due to the cancellation or postponement of the show, the Order is still binding and is subject to the terms and conditions of the Order. In the case where the cancellation/postponement of the exhibition is announced after the cancellation deadline for the Order, the Order will stand. However clients can change the advertising copy supplied for the relevant issue if desired but this is at the discretion of the Publisher.
8. Liability and Indemnity
8.1 The Publisher has the right at its discretion to decline to publish (in whole or in part), or to omit, suspend, change the date of publication, position, size, quality or colouring of or reclassify any Advertisement otherwise accepted for insertion in the Publication. The Publisher’s liability for errors is not accepted beyond the first insertion of the Advertisement, although the Publisher may re-insert the Advertisement or relevant part of the Advertisement (as the case may be) or refund the charges as it sees fit. No re-insertion, or refund will be made where in the Publisher’s sole opinion the error, misprint or omission does not materially detract from the Advertisement. The Publisher shall not be liable to the Advertiser for any loss or damage suffered by the Advertiser arising out of or in connection with any total or partial failure to publish or distribute the Publication in which any Advertisement is scheduled to appear or for any loss of copy, artwork, photographs or other materials, which the Advertiser warrants that it has retained in sufficient quality and quantity for whatever purpose;
8.2 Nothing in the Agreement is intended to exclude or restrict any liability the parties may have for death or personal injury or for fraud.
8.3 The Advertiser agrees to indemnify and keep the Publisher fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of the Agreement by the Advertiser, any third party complaints made or claims brought against the Publisher in respect of any Advertisement or Vehicle and for any claim that the use by the Publisher of any copy, artwork, photograph or other materials provided by the Advertiser infringes any third party intellectual property rights.
9. General
9.1 No variation of these terms and conditions shall be binding unless agreed in writing and signed by a director or the Publisher.
9.2 No waiver or indulgence by the Publisher shall be effective save in relation to the matter in respect of which it was specifically given.
9.3 Neither party shall be liable to the other for any loss or damage which may be incurred to the extent that it results from any events beyond the defaulting party’s reasonable control.
9.4 If one or more of these terms and conditions are found by any competent authority to be invalid, unlawful or otherwise unenforceable then such terms and conditions shall be severed from the remaining conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
9.5 Nothing in the Agreement shall confer any rights or benefits to any person who is not a party to it.
9.6 The Agreement, which incorporates these terms and conditions, shall be governed by and construed in accordance with the law of the Republic of Ireland and the parties hereby irrevocably submit to the exclusive jurisdiction of the Irish courts.
