Directory Advertisements – Terms and Conditions
This page together with our Business Advertising Page provides you with information about the process involved in advertising from our Website or iOS or Android apps (Site) and the legal terms and conditions (Terms) on which all advertisements are published on our Site.
These Terms may be amended form time to time as set out in clause 8. Every time you wish to advertise on our Site please check the Terms to ensure that you understand the Terms which will apply at that time.
For the purposes of these Terms:
Advertisement – means any promotion, advertisement, sponsor, feature or insert that is or may be published or displayed on our Site.
Advertiser – means any person who promotes products or services to the users of our Site.
1. Information About Us
1.1 We own the website KitsNBoots.com. We are Projective (NW) Limited, a company registered in England and Wales under company number 7019518. Our Registered Office is located at 233 Wigan Road, Ashton In Makerfield, Wigan. WN49SL.
2. Placing an Advertisement
2.1 Upon placing an order for the publication of an Advertisement on our Site the Advertiser is required to accept to be bound by these Terms.
2.2 All Advertisers will be required to register as a user on the KitsNBoots website and create a Boot, before any Advertisement can be created and published.
2.3 Advertisements will not be approved by us prior to being published. The Advertising content is the responsibility of the Advertiser.
2.4 We hold the right to reject, cancel, suspend, withdraw or require the immediate amendment of any Advertisement that we consider unacceptable or not compliant with these Terms.
2.5 The publication of an Advertisement on our Site will not imply that we agree that the Advertisement has been so published in accordance with these Terms, nor does it constitute a waiver by us of our rights under these Terms.
2.6 The Advertiser warrants that:
(a) Any Advertisement is not illegal, defamatory, offensive or capable of having an adverse effect upon our public image or reputation.
(b) All consents for the publication of all Advertisements have been obtained, which includes but is not limited to consent for any image, slogan or design of any Advertisement.
(c) All Advertisements contain accurate information and are not misleading in any way.
(d) All Advertisements are compliant will all applicable laws, regulations or codes of practice, including those under the supervision of the Advertising Standards Agency.
(e) All Advertisements are free from viruses and will not impact upon the effective operation of our Site.
(f) Advertising space will not be sub-let to other individuals or organisations.
3. Our Responsibility
3.1 We will not be responsible for any loss or damage caused to the Advertiser by way of any interruption or delay in the publication or viewing of the Advertisement on our Site.
3.2 We will not be responsible for any consequential loss or any other loss which arises from the loss to the Advertiser in clause 3.1 above or for any loss which could not be contemplated by us.
3.3 Our maximum liability for any loss or damage whether in contract, tort or otherwise will not exceed the total amount paid by or on behalf of the Advertiser for the Advertisement.
3.4 We will not be responsible for any changes to, deletions, withdrawals or suspensions of any advertisements which do not comply with these Terms or that are required by the Advertising Standards Agency or any other relevant authority.
3.5 Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from our own negligence, fraud or any other liability that cannot be excluded.
4. Advertiser’s Indemnity
4.1 The Advertiser will indemnify us fully against all claims, damages, losses or expenses arising from any Advertisement or any failure to perform any of these Terms.
5.1 The applicable rates are set out in within our Business Advertising Page, which can be accessed directly from our website homepage. These rates may change from time to time. Any new rates will be published on our Site and these Terms amended accordingly.
5.1 Upon following the procedure set out in our Advertising process as contained within our Business Advertising page, the Advertiser will be required to make an immediate payment of the applicable rate prior to creating and publishing the Advertisement.
5.2 All Advertisements will be viewable for the period specified. Once the “Days Remaining” countdown reaches zero the advertisement will no longer be visible on our Site and the Advertiser will be required to make further payment to continue the Advertisement by way of a subscription.
5.3 We reserve the right to recover any additional costs from the Advertiser that arise from any acts of non compliance with these Terms.
6.1 The Advertiser may cancel any Advertisement by clicking the Cancel Subscription Button from within the advertisement section of their profile.
6.2 Once the Cancel Subscription button has been effected, we will initiate an automatic refund as per 6.3 below, to the Credit/Debit Card or Paypal Account used for the initial subscription payment.
6.3 All refunds will be made on a days used pro-rata basis, taking the current day as a day used.
6.4 We will initially attempt to refund money by way of the same method used for original payment, however if a period of 60 days has expired since the date of the original subscription payment, we may need to issue a cheque to the address as provided by you using your registered email address.
6.5 Once advertising has been cancelled, all advertising will be suspended for the Boot for the remainder of the subscription period. It will not be possible to reinstate advertising following cancellation within the timeframe of the original subscription period. Confirmation of cancellation can be viewed from the My Profile / Advertisement Section, where a Red band will state "Advertising Suspended".
7. Rights Granted to Us
7.1 The Advertiser grants us the right without charge to use such of the Advertiser’s name, trade marks and/or logos as we may consider necessary for the purposes of publishing and Advertisement.
8. Our right to vary these Terms
8.1 We may amend these Terms from time to time.
8.2 Every time you advertise through us, the Terms in force at the time you advertise will apply.
8.3 We may revise these Terms as they apply to your advertisement from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) for any other reason.
9. Other important terms
9.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by email or by posting on this webpage if this happens.
9.2 An Advertiser may only transfer its rights or obligations under these Terms to another person if we agree in writing.
9.3 This agreement is between us and the Advertiser. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.5 If we fail to insist that an Advertiser perform any of its obligations under these Terms, or if we do not enforce our rights against an Advertiser, or if we delay in doing so, that will not mean that we have waived our rights against the Advertiser and will not mean that an Advertiser does not have to comply with those obligations. If we do waive a default by an Advertiser, we will only do so in writing, and that will not mean that we will automatically waive any later default by an Advertiser.
9.6 Please note that these Terms are governed by English law. This means any advertisement through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. The courts of England and Wales will have non-exclusive jurisdiction.
9.7 Any dispute or claim arising out of or in connection with an Advertisement shall be governed by and construed in accordance with the law of England and Wales.
9.8 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with any Advertisement.