The following Terms & Conditions are separated according to department and/or publication. Here you’ll find Ts & Cs for Advertising, Sales and Events .
You’ll find the Ts & Cs for the Vapouround Bus on www.vapouroundbus.co.uk.
You’ll find the Ts & Cs for the Vapouround Awards on www.vapouroundawards.co.uk.
Yellow Monday Media Ltd. Terms & Conditions
These terms and conditions are updated when a new advertising product becomes available.
Advertising
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.
Advertisements are accepted subject to the approval of copy and the right of the company to alter, reject suspend or cancel any order without assigning a reason. We regret we are unable to guarantee insertion dates, although we will do everything in our power to stick to publishing dates. The proprietors are not liable for any loss occasioned by the failure of any advertisement to appear from any cause whatsoever, nor do they accept liability for printing errors. Although every care is taken in printing, refunds or credits will not be made unless corrections are notified immediately following publication of the first insertion carefully. Credits or refunds will not be given for minor errors which do not corrupt the overall meaning of the advertisement. Yellow Monday Media Ltd. may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any products in any of the company’s products or websites. The Advertiser will remain responsible for all outstanding charges.
In the case of any unprecedented events, where events my be postponed, leading to the delay or postponement of a publication, Yellow Monday Media Ltd. will defer advertisements to the rescheduled event and no refund will be due to the client.
In the case where Yellow Monday Media Ltd. has not been provided with any required materials by the client in order to publish the client’s advertisement, the client may miss out on their booking appearing within the publication, and no refund will be due.
The Advertiser guarantees to Yellow Monday Media Ltd. 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 (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 libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(iv) the advertisement will not be prejudicial to the image or reputation of Yellow Monday Media Ltd. or its websites and/or magazines, and will not contain anything Yellow Monday Media Ltd. 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 website(s).
(vi) all advertisements submitted for publication in any Yellow Monday Media publication which portray any nicotine-containing product(s) must comply with the Tobacco Products Directive (TPD) and Tobacco and Related Products Regulations (TRPR) and must be designed with a nicotine warning. The following nicotine warning is recommended.
(vii) If we receive images from our media partners, we assume we have permission to publish unless instructed otherwise. Vapouround is not responsible for the misuse of images by media partners.
Warning: This product contains nicotine which is a harmful substance / chemical
Where an advert requires a warning but does not have one, we will ask you to change it to make it comply with the advertising regulations. If we do not get a response on this issue, we will include a warning ourselves so that the advert complies with the law. If we have to remove the advert because it does not comply with the law then we reserve the right to do this and, in such circumstances, no refund on monies paid will be due.
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 Yellow Monday Media Ltd. and the Advertiser will compensate Yellow Monday Media Ltd. for any claim made by such advertiser against Yellow Monday Media Ltd..
All sums payable to Yellow Monday Media Ltd. should be made in accordance with Yellow Monday Media Ltd.’s Financial Terms & Conditions which are:
Unless a customer has applied for and been accepted as a credit account customer, Yellow Monday Media Ltd. will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. Yellow Monday Media Ltd. standard payment terms are cleared funds from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date. Yellow Monday Media Ltd. reserve the right to charge interest on late payment at four percent above the Bank of England base rate.
Yellow Monday Media Ltd. accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any advertisement copy to Yellow Monday Media Ltd. or any loss or damage to any advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quality of all materials supplied to Yellow Monday Media Ltd.
Yellow Monday Media Ltd. 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.
Yellow Monday Media Ltd. 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).
If a booked advertisement is not published at all solely due to a mistake on Yellow Monday Media Ltd.’s part, Yellow Monday Media Ltd. 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.
Yellow Monday Media Ltd. 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 Yellow Monday Media Ltd. and the Advertiser, and Yellow Monday Media Ltd.’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.
Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Yellow Monday Media Ltd. owns the copyright in all advertisements written or designed by it or on its behalf unless otherwise stated. The Advertiser grants Yellow Monday Media Ltd. the right (free of charge) to:
(i) use such of the Advertiser’s names, trademarks and/or logos as Yellow Monday Media Ltd. 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 in the magazines for promotional purposes. For the avoidance of doubt, the content, layout and format of any Magazine or Website will be subject to variation at Yellow Monday Media Ltd.’s sole discretion.
Sales
(A) When you place an offer to purchase goods (order), you are making an offer to purchase goods which, if accepted by us, will result in a binding contract with us. Your contract with us will only commence when you confirm acceptance of your order by email or by letter. We will then agree to supply the resources listed on the said order. You will still receive an automatic confirmation that your offer to purchase (order) has been received and that the order is being processed either by phone or via email.
(B) Any advice or recommendations given by any representatives to the buyer relating to sources, which is not confirmed in writing by Yellow Monday Media Ltd. will not be binding.
(C) Any variation to these terms and conditions will be acknowledged on the website.
(D) Once a booking is confirmed in writing (usually email) by the customer, or a payment is made, refunds or credits will not be issued. We will endeavour to reissue your space in a subsequent/more convenient issue, providing there is adequate space available.
(E) If a customer who has booked a run of advertisements wishes to cancel part way through the booking, any advertising that has already been published will revert to the rate card price in any calculations relating to refunds, regardless of any prior agreements.
(F) Where a customer books a run of advertisements, and then wishes to reduce the number of issues in which their advertising appears, any prior agreement will no longer stand and either the rate card price or a new negotiated price will apply.
Artwork must be submitted/uploaded by the deadline date given. If no artwork is submitted/uploaded by the copy deadline date, then it is Yellow Monday Media Ltd.’s right to include what they feel is acceptable as a booth/advert on behalf of the customer or alternatively if they deem necessary to fill the booth/advert with an alternative booth/advert or edit not relating to the customer. No refunds or credits will be given in these circumstances.
Any artwork that is designed by the company will be submitted to the customer via email for approval. If no confirmation of proof is received before the copy deadline stated on your confirmation of order, the company will run the advert as it is. If any errors are detected after insertion, the company will not accept liability and no credit or refund will be offered.
If permission is given to Yellow Monday Media Ltd. to use images, text or logos from a client’s website, either verbally or via email, for the purposes of an advert or editorial then the company will not be liable to pay any compensation to any third parties or to the advertiser for images or edit used.
Please be aware that any advert or imagery that has a product or products that contain nicotine must have a nicotine warning contained within it in line with regulation.
Changes to your booking – administration fees:
1.1 You may change your booking (subject to availability) subject to the payment of an administration fee plus the difference in price between the old booking and the new booking.
1.2 The administration fee is currently £100 (+VAT if applicable) and applies to any material changes you ask us to make on your behalf.
1.3 The requested change will not be confirmed until the administration fee plus the difference in price between the old booking and the new booking have been paid.
1.3 Changes to which an administration fee is payable include, but are not limited to, the following:
- upgrading an advert to a better position.
- changing an advert from one magazine to another issue of the same magazine – eg swapping an advert in Vapouround Magazine from the February issue to the April issue.
- changing an advert from one magazine to another magazine – eg swapping a magazine in the October issue of Vapouround Magazine to the October issue of the Vaper Expo Show Guide.
- swapping an advert for your company to another company – for example if you cooperate with a series of companies.
1.4 Where we have agreed to review products for you (eg hardware or juices) in a particular publication and you want to change that review to appear in another edition of the magazine then an administration fee of £100 is payable to make this change.
1.5 Where we have agreed to review products for you (eg hardware or juices) in a particular publication and you want to change that review to appear in another publication instead (eg. swapping a review in Vapouround Magazine to the Vaper Expo Show Guide) then an administration fee of £100 is payable to make this change.
1.6 Please see section “Product Review Terms” for our full terms and conditions related to reviews in our magazines.
Product Review Terms
Product reviews
Product reviews, whether for hardware, e-liquids or any other items, are part of the editorial content of our magazines and are published at the sole and absolute discretion of the Editor.
If we solicit, accept or obtain a product for review, this does not mean that we have any obligation to publish a review of that product, nor give any reason for not publishing any review.
Products which are sent unsolicited for review may be considered for review but cannot be returned regardless of whether the review is published or not.
Opinions expressed in reviews are the opinions of the reviewer and are not necessarily the opinions of Vapouround Magazine.
We do not publish third party reviews such as that supplied by a company itself (except if this is supplied as part of paid advertorial content.)
Additional notes for advertisers
We may offer to review the products of our advertisers in our magazines from time to time.
Where product reviews are offered to advertisers they are offered on the following basis:
- Reviews are NOT part of the advertising contract and therefore no compensation, credit against future advertising, or refund of monies paid is payable for failure to publish any review. For example an advertiser cannot claim a free or reduced price advert in a future magazine to compensate for our failure to publish a review.
- Where a review is offered to an advertiser it cannot be substituted for any other editorial coverage, and in absolutely no circumstances, can it be substituted for additional advertising within the magazine.
- We cannot absolutely guarantee that any review or reviews will be published by us at all or that they will be published in any specific issue of our magazine.
- All editorial content, including product reviews are published at the Editor’s sole discretion and the Editor may decide not to use any editorial content without giving a reason.
- Where we have advised an advertiser that we plan to publish a review, or series of reviews in any edition of our magazines we will do our best to do so but are not obliged to do so.
- We will advise advertisers of the deadline we require for receiving products for review. This will be the earlier of either the first day of the month preceding the date of publication (eg July 1 is the last day that we need to receive review products or inclusion in the August magazine) or any earlier date advised to the advertiser by this magazine.
- (vii)If review products are received later than the deadline then we may not have time to publish a review before the magazine goes to press. In that case then that review slot is forfeit and cannot be carried forward to any future edition of the magazine.
- (viii) It is the advertiser’s responsibility to get products to us in time for publication and we can accept no responsibility for products which are delayed in the post, held up by customs or lost in transit.
- If you advise us that you cannot get a review product to you in time for publication we will do our best to accommodate you in a future publication but a fee to make this change may be payable. See section – Changes to your booking – administration fees:
- It is the advertiser’s responsibility to pay the full cost of sending the review products to Vapouround Magazine. For items sent by post, they will be rejected by Vapouround if insufficient payment has been made to cover postage, customs fees, import duties, courier or any other costs.
- We cannot review any products that are damaged, incomplete or broken and it is up to the advertiser to ensure that the products are adequately packaged to reach us in good condition.
- (xii)Review products cannot be returned to the advertiser regardless of whether a review has been published or not.
- (xiii)Our reviews reflect the opinions of the individual reviewer and no redress is available if an advertiser does not agree with the opinions expressed in the review.
- (xiv)We do not provide advance sight of reviews to advertisers, nor do we provide copy approval in advance or publication.
Intellectual Property
VAPOUROUND is a registered trademark with the UK’s Intellectual Property Office. Trademark number: UK00003177017
The VM logo, which VAPOUROUND is recognisable by, is also a registered trademark with the UK’s Intellectual Property Office. Trademark number: UK00003177018
VAPOUROUND is a registered trademark with the EU Intellectual Property Office: Trademark number: EU017976657
Any reproduction of the name VAPOUROUND or the VM logo, online or in print, must have the prior written consent of the editor. Any publication of either mark, without the knowledge or approval of the editor, may be viewed as infringement.
