Listing Terms & Conditions

Advertising Terms & Conditions

In these terms & conditions ‘we’ ‘us’ ‘our’ or ‘Plant Planet’ refers to Plant Planet Limited trading as Plant Planet. ‘You’, ‘Your’ refers to any person or company ordering advertisements with Us for inclusion on the Plant Planet Website. ‘Website’ means the website www.plant-planet.co.uk

Advertisements placed on the website may also appear in Plant Planet’s digital and print publication.

Placing advertisements on Our Website is subject to the following conditions. Advertising with Us is deemed an acceptance of these Conditions. We reserve the right to update these conditions at any time.

Where you are a consumer, nothing in these Conditions affects your statutory rights.

  1. The agreement between Plant Planet and you is personal, you may not part with or transfer the agreement to another party without Our written consent

  1. MULTIPLE ADVERTISEMENTS a. Only one advertisement per vehicle may be displayed at any one time. b. If You create an advertisement for a vehicle already advertised on this Website, the new advertisement will replace the previous for that vehicle. c. We will not be liable to reimburse You for any period in which the first advertisement has been paid for but has not been displayed.

  1. PAYMENT a. All advertisements must be pre-paid prior to publication. We will not publish any advertisement that has not been paid for in advance. You shall be liable to pay at the rates stated by Us. b. Payment for advertisements are made online through Our Website. c. We shall have the right to change Our advertising rates at any time or for any reason. Any revised rates shall apply to any advertising placed with Us after publication of the revised rates. d. When paying through Our Website, You will be referred to a dedicated commerce provider who will take payment via a secure server (SSL) connection to ensure the safety of Your payment on-line. Payment can be made using most major debit or credit cards. Every effort is made to ensure the safety of Your card transaction, however We cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment system.

  1. PROCESSING YOUR ADVERTISEMENT a. Only one vehicle or piece of equipment is to be featured in each advertisement. b. We aim to process advertisements supplied online within 24 hours of receipt and publish them to the Website the following working day. c. As soon as Your advert has been processed, you will receive confirmation that it has been approved. If Your advert is rejected, We will attempt to send an email explaining who You need to contact to find out why Your advertisement has been rejected.

  1. WARRANTIES a. You warrant that all copy information and materials You provide Us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, and all relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation. You further warrant that the publication of the advertisement by US will not breach any contract, infringe any third party intellectual property rights or other rights; detriment Our reputation; and/or render Plant Planet liable to any proceedings. For any photographs or video used by You containing human subjects who can be identified, You warrant that you have obtained the necessary authority of such living person and complied with the Data Protection Act 1998. b. We may suspend, or terminate, the agreement if you fail to comply with the provisions of clause 5.a and/or and competent law enforcement or compliance authority instructs, advises or makes a recommendation to Us to take down any of Your advertisements.

  1. INTELLECTUAL PROPERTY RIGHTS a. All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights (whether registered or not)) in any copy, text, artwork, photographs or other material which We have created and/or altered for You shall belong to Us absolutely. Any materials You supply Us, You grant Us a non-exclusive, irrevocable, perpetual, and royalty free licence to use such Materials for any purpose. You undertake that neither You nor any other person will assert moral rights of the Material against Us or any third party. b. You shall indemnify and keep Us fully and effectively indemnified against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by Us due to, or arising out of, the publication by Us of any advertisement for You in accordance with Your instructions or specifications including any claim for defamation or the infringement of any third party’s Intellectual Property Rights.

  1. OUR RIGHTS AND OBLIGATIONS a. We shall provide the service with reasonable care and skill in a professional manner and the advertisement shall be designed materially in accordance with the agreed specification. b. Where Your advertisement is to appear on the Website, You acknowledge and accept that it is not always possible for the website to be continually available online. c. We do not monitor or control and shall not be responsible for the content for any Advertisement. You agree that the content of your advertisement is Your sole responsibility and you shall be responsible for any losses, expenses or other costs incurred by Plant Planet caused by an untrue statement or inaccurate photograph supplied. d. We reserve the right to refuse publication of any advertisement without any reason at Our sole discretion. Further, we reserve the right to edit, classify or delete any advertisement without any reason at Our sole discretion. We will attempt to contact You to inform You of any changes prior to publication. e. We may vary the technical specification of Our website at any time for operational purposes. f. We may remove any or all of the materials from any advertisement which, in our opinion, is in breach of this agreement or are unlawful. g. We will attempt to advise You if for any reason, Your advertisement is not accepted for publication. If Your advertisement is not accepted or We are unable to accept Your advertisement, no charge will be incurred. No contract will be deemed to exist between You and Us until the advertisement has been accepted for the Website. h. We aim to advertise You if, for any reason, we need to carry out maintenance to the Website, we shall aim to minimise disruption to Your use of the Website should this happen.

  1. PHOTOS a. Photographs may be checked to ensure the content meets requirements set out within these terms and conditions. b. If your photo contains infringing material We reserve the right to remove it from Our Website. c. Photographs may not contain: nudity, profanity, violence, pornography, drug use, attacks on individuals or groups (including sexist, racist, defamatory, or homophobic content), obscene content, copyrighted content, content that could be considered dangerous or encourage others to be dangerous. d. Photographs should only advertise one vehicle.

  1. AMENDMENTS a. If You need to amend Your advertisement you can do so via your online portal or by contacting us on 01243 858151. b. If you would like to discuss your advertisement and changes to be made please contact us on 01243 858151 or email [email protected] quoting your advertisement number, vehicle registration or postcode.

  1. CANCELLATION AND REFUNDS a. All advertisements will be processed immediately and are non-refundable once the advert appears on our site. It may take up to 24 hours to appear on the Website. b. Advertisements can be cancelled online or by sending an email to [email protected], quoting the advertisement number.

  1. LIABILITY a. We shall not be liable to You for any: loss or damage suffered by You arising out of or in connection with any failure to publish an advertisement on the Website; loss of copy, artwork, photographs or other materials; in contract, tort (including, without limitation, neglegence) statutory duty or otherwise arising out of on in connection with Your agreement with Us for consequential, indirect or special loss or damage, any loss of revenue, and/or any economic or other similar losses. In each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise. b. Our total liability to You in contract, tort (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the charges paid by You for the relevant advertisement in the week during which the event giving rise to the liability occurred. c. Nothing in these Conditions shall exclude or restrict Our liability for death or personal injury caused by Our negligence, for fraudulent misrepresentation and/or for any other liability which We are not permitted to exclude or limit by law. d. In the event of any error, misprint or omission in an advertisement, We may at Our sole discretion either amend the relevant part of the advertisement or refund or adjust the charges. No refund, amendment or adjustment to the charges will be made where in Our sole opinion, the error, misprint or omission does not materially detract from the advertisement or where it arises as a result of incorrect or inadequate information provided by You. e. We shall not be liable to You for any delay in performing and/or any failure to perform Our obligations to You if the delay or failure is due to any cause beyond Our reasonable control (including, without limitation, any act of God, strike, infrastructure failure or power failure).

  1. DATA PROTECTION a. By submitting an Advertisement to the Website, You are requesting that Your advertisement appear on the Website. This means that the advertisement together with your telephone number, company details, and/or email can potentially be viewed by any person with internet access throughout the world. You consent to the publication of your data in this way. b. We both agree to comply with the provisions of the Data Protection Act 1998, so far as Our agreement with You relates to or involves the processing of personal data (as defined by the aforementioned act). c. You understand and agree that by placing an Advertisement with Us, We may collect Personal Data relating to You and/or Your employees, consultants and/or contractors. This Personal Data may be used for a number of purposes, including fraud prevention, assisting with police investigations, and complying with statutory and regulatory obligations.

  1. GENERAL a. These Conditions and any order form (where relevant) contain the entire agreement between Us and You and supersede all prior agreements. Nothing in these Conditions shall exclude Our liability for fraudulent misrepresentation. b. If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law. c. We reserve the right to assign or sub-contract this agreement and any of Our rights or obligations to a third party. d. We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time they are notified to You. Display of the modified Conditions on the Website shall be deemed to be notice to You. You agree to review the Conditions regularly to ensure You are aware of any modifications. e. The agreement which incorporates these Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.

  1. TRADE ADVERTISING

The following terms and conditions only apply to orders placed for trade advertising and are in addition to the terms and conditions set out above:

    1. NOTICE – The Business Advertisement Disclosure Order 1977 came to effect on January 1st 1978, and requires all advertisements by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. In the course of whose business goods are to be sold. Customers should be able to tell whether an advertisement relates to a sale by a trade or private seller. It is the responsibility of the advertiser to comply with the Order. Where You are a trader, it is an offence, for which You may be prosecuted, not to advertise the fact that You are a trader.

    1. The placing of an order for trade advertising to be included on the Website shall amount to an acceptance of these conditions. Any agency conditions stipulated on an agency’s order shall be void in so far as they are in conflict with these Conditions.

Please send all correspondence to: Plant Planet Classifieds 2nd Floor, 27-28 Southgate, Chichester, West Sussex, PO22 9DD

Email: [email protected]

Telephone: 01243 858151