Terms and Conditions
1. TERMS
1.1 In these conditions 'Publisher' means HGX and 'Advertiser' means the Client booking advertising space. Advertising Agents shall be deemed to be acting as principals for all purposes connected herewith and shall be solely responsible for payment for all advertising space booked. 'Rate Card' means the Publisher's scale of charges for advertisements.
2. APPLICATION
2.1 The issue of a Rate Card does not constitute an offer by the Publisher’s Agent to contract. The exchange of the Advertiser’s order and Publisher’s Agent acceptance subject to these conditions at the Publisher’s Agent’s current Rate Card forms the entire contract between the Publisher’s Agent and the Advertiser.
2.2 Acceptance of all orders for publication is subject to these conditions and no variation or addition thereto shall be effective unless specifically agreed to in writing by the Publisher’s Agent. In the event of any inconsistency between these conditions and any conditions of the Advertiser which may be accepted by the Publisher’s Agent, these conditions shall prevail.
3. RATES
3.1 Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order affected without surcharge or continue the order at the revised advertisement rates.
4. PUBLISHER’S RIGHTS
4.1 All orders are accepted subject to approval of copy by the Publisher and space being available.
4.2 The Publisher reserves the right in its absolute discretion to omit or suspend any advertisement at any time without assigning a reason and shall be under no liability to the Advertiser for so doing, provided that, and notwithstanding clause 8.1, the Publisher shall immediately refund to the Advertiser all payments made by the Advertiser in respect of such advertisement.
4.3 Charges will be made to the Advertiser where reproduction work is involved. The Publisher will notify the Advertiser of such charges in writing.
4.4 If copy instructions are not received by the last day for receiving copy, the Publisher cannot guarantee that proofs will be supplied and reserves the right to repeat the copy last used.
5. ADVERTISING MATERIAL
5.1 All advertising material must be received by the Advertising Deadline.
5.2 Advertiser's property, artworks etc. are held by the Publisher at the owner's risk and should be insured by the advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork which has been in its possession for more than 12 months and no liability shall be attached to the Publisher in respect of such destruction.
5.3 When quoting tasting notes, they must be attributed to Halliday Wine Companion and the member of the Tasting Team who reviewed the wine. (i.e., 95 points, Campbell Mattison, Halliday Wine Companion.) James Halliday must not be named against the review if he did not taste the wine.
5.4 It is possible to quote extracts from tasting notes, but the winery, retailer or distributor must not omit any words that change the meaning or intention of the original tasting note. A tasting note must not be attributed to any other wine than the one reviewed. It must also only be attributed to the same vintage of the wine featured in the review.
5.5 Intellectual property (IP), including but not limited to scores, tasting notes and brand imagery from publications not associated with Halliday Wine Companion, are not permitted to be included in any advertising material or artwork.
6. PAYMENT
6.1 Payment is due 30 days from the date of invoice. The Advertiser shall pay all collection costs, legal fees and expenses incurred by HGX in connection with a default by the advertiser.
7. CANCELLATION
7.1 Cancellations of any advertising will only be accepted if submitted in writing to the Publisher.
7.2 Cancellations of advertising or failure to supply artwork on time will result in the Advertiser being liable for the full costs of advertising (including production and media costs). These costs may be reduced according to the length of time prior to publication that notice of cancellation is provided.
7.3 Any cancellations received after the cancellation deadline date or failure to supply artwork on time shall result in the Advertiser being liable for the full amount of the contract price, notwithstanding the fact that no advertisement has or will appear in the publication or that a house advertisement appears.
7.4 Bookings accepted after the cancellation deadline date shall not be cancelable.
8. INDEMNITY
8.1 The Publisher shall not be liable for any loss or damage consequential upon or otherwise occasioned by error, late publication, non-publication, or the failure of an advertisement to appear from any cause whatsoever.
8.2 The Advertiser warrants that the advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other party's rights. The Advertiser will indemnify the Publisher fully in respect of any claim made against the Publisher’s Agent arising from the advertisement.