Term and conditions | Kantar Media

Term and conditions

Conditions of Use of website

By accessing this website you agree to be bound by these Terms & conditions ("terms"), please read them carefully. If you do not agree to be bound by these terms you should not access or view this website.

The information contained in this website is intended for general information purposes only. Kantar Media has made all reasonable efforts to ensure that the information on this website is accurate at the time of inclusion, however there may be inaccuracies and occasional errors for which Kantar Media apologises.

Kantar Media makes no representations or warranties about the information provided through this website, including any hypertext links to any website or other items used either directly or indirectly from this website. Kantar Media accepts no liability for any inaccuracies or omissions in this website and any decisions based on information contained in Kantar Media 's websites are the sole responsibility of the visitor.

The information and images contained within this website are © Copyright Kantar Media UK Ltd. We permit you to make copies of this website as necessary incidental acts during your viewing of it; and you may take a print for your personal use of so much of the site as is reasonable for private purposes. You may not frame this site nor link to a page other than the home page without our express permission in writing.

You shall not use this website for any illegal purposes and in particular agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene within the meaning of the Obscene Publications Act or which is abusive, indecent or in breach of the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by other visitors.

Kantar Media reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this website and to restrict or prohibit access to it.

You hereby agree to indemnify Kantar Media against any costs, claims, losses and damages (including legal fees) incurred by or awarded against Kantar Media as a result of your misuse of this website or your breach of these terms.

If you are in breach of these terms or of Kantar Media 's Privacy Policy Kantar Media may as its option, suspend or block your access to this website and refuse to provide you with any further access to it.

This website is provided to you free of charge, and neither Kantar Media nor any of its subsidiary or affiliated companies accept any liability to you (except in the case of personal injury or death caused by its negligence or for fraud or as required by law) whether in contract, tort (including negligence) or otherwise, arising out of it in connection with this website. Kantar Media accepts no liability for any direct, special, indirect or consequential damages, or any other damages of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from this website. Your sole remedy is to discontinue using this website.

These terms may be amended by Kantar Media from time to time.

Your use of this website and downloads from it, and the operation of these terms & conditions, shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of your use of this website.

In the event that any or any part of the terms contained in these terms & conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

Privacy Policy for website

Kantar Media respects the privacy of visitors and users of this website, and will only collect personally identifiable data, such as your name or email address, when it is voluntarily submitted to us at this website. Please read our Privacy Policy in full.

References to " Kantar Media ", "we", "us" and "our" are references to Kantar Media UK Ltd. and its affiliates.

" Kantar Media" is a trademark of WPP plc.

Any questions or enquiries which you have in relation to Kantar Media should be addressed to:

Definitions and interpretation

In this Agreement, unless the context requires otherwise, the following words have the following meanings:

"Agreement" this agreement (including any schedule or annexure to it and any document in agreed form) incorporating these Terms of Business together with all or Any of the Proposal, the Quotation and the Client Brief;

"Articles" all and any cuttings, alerts, website links, transcripts, tapes and other materials provided by Kantar Media to Customer pursuant to this Agreement whether in paper, facsimile, electronic or any other form and "Article" shall mean any one of them, including without limitation, one cutting or one extract,

"Business Day" a day other than a Saturday, Sunday or public holiday on which clearing banks are closed for business in Dublin;

"Commencement Date" the date on which this Agreement comes into effect being the date of the Client Brief or the date any Article or any part of the Services are provided whichever is the earliest;

"Customer" the company or individual to whom the Services are to be provided as set out on the Client Brief;

"Evaluation Report" any report provided by Kantar Media to Customer as required pursuant to a request from Customer;

"Monitoring List" the publications including, without limitation, newspapers, periodicals, consumer magazines, trade, technical and business journals, websites, broadcasters and other providers, as appropriate to the Services ordered by Customer, which shall be monitored by Kantar Media for relevant Articles and from which the Articles shall be supplied;

"Portal" Online database into which Articles supplied under the Services are delivered;

"Services" the supply of the Articles or an Evaluation Report within the media requested by Customer, more particularly set out in the Client Brief;

"Kantar Media" MediaWatch Limited whose registered office is at 1st Floor, Marina House, Block V, Eastpoint Business Park, Dublin 3.

"you" and "your" employees of Customer and/or other individuals acting on behalf of Customer, personal information relating to whom is supplied to Kantar Media.

Services

Kantar Media shall communicate to a Customer a quotation setting out [amongst other things) the fees payable ("Quotation"). Customer may then offer to purchase the Services by confirming its order to Kantar Media by email or in writing, and completing an Order Confirmation form to confirm the Quotation ("Order"). Kantar Media, on receipt of an Order may, at its sole discretion, accept the Order by sending to Customer a Client Brief ("Client Brief"). It is Customer's responsibility to verify that the precise words, phrases or subject matter in the English language on the Client Brief, in relation to which the Services are required, are correct. Kantar Media accepts no responsibility for the scope, content or number of Articles, which its review of the Monitoring List may produce, based on the precise words phrases or subject matter so stipulated. Kantar Media's acceptance and Customer's Order shall be given and made subject to the terms and conditions of this Agreement. No binding Agreement shall arise until a Customer's Order has been accepted by Kantar Media and confirmed, in writing, byway of a Client Brief. Kantar Media shall provide to Customer the Services as detailed in the Client Brief. Delivery of the Articles and/or any Evaluation Report shall be made on a Business Day unless otherwise agreed between the parties. Articles are supplied from the current applicable Monitoring List, a copy of which is available from Kantar Media on request. Any Evaluation Report is prepared from the Articles supplied as a result of Customer's relevant Order or from articles supplied by the customer and any review or amendment of any Evaluation Report requested by Customer based on additional articles or items of information which were not made available by the customer or were not available at the time the report was completed, shall attract an additional fee. Kantar Media may update the Monitoring List from time to time as appropriate. Where Customer is an advertising agency or public relations company, Customer must submit separate Client Briefs in respect of each client that they are acting for.

Online Delivery of Service

If you have subscribed for an online delivery of the Services a Portal website will be created for that purpose. Kantar Media's acceptance of your Order gives you the right to access the Portal for accessing, searching, displaying and printing on a selective basis the Articles and/or Evaluation Reports stored from time to time therein for the Permitted Uses during the continuance of this Agreement. For this purpose the Permitted Uses are to allow access to the Portal for only the number of licensed users in Customer's organisation as permitted by this Agreement and to use the Portal only for the display of any Articles and Evaluation Reports held within it on screen and to print one copy only of such Articles and/or Evaluation Reports, as Customer requires in hard copy form. Customer is obliged to provide Kantar Media as soon as reasonably practicable on request with a statement stating the number of licensed users in Customer's organisation as permitted by this Agreement, and to confirm that Articles and/or Evaluation Reports have not been seen, used or otherwise dealt with by persons in excess of the number of licensed users. Customer is not permitted to use or allow the use of the Portal or any information held within it for any other purpose and in particular is not permitted to further copy or distribute copies of any Article or Evaluation Report held within it, or digitally store or create any digital archive of Articles; loan, copy or lease Customer's login information for the Portal; transfer Customer's subscription to any third party; or erase, move, delete, deface or otherwise interfere with any copyright notice appearing within the Portal or on any Article, Evaluation Report or other information appearing within the Portal. It is Customer's obligation to ensure it holds any necessary or appropriate licences for its use of Articles and other information appearing within the Portal and to comply with the terms of such licences, and Customer indemnifies and agrees to keep indemnified Kantar Media in respect of loss or expenses (including without limitation legal expenses) becoming payable or incurred by it by reason of any third party claim or suit arising from any alleged failure of Customer in this regard.

Fees and payment terms

The fees for the Services are as set out on the Kantar Pricing document. Customer acknowledges that the fees are subject to change, at Kantar Media's reasonable discretion. All fees are exclusive of Value Added Tax and all other applicable taxes and duties unless otherwise expressly stated. In sourcing Articles for supply, or for the preparation of an Evaluation Report, Kantar Media will run a search of the Monitoring List for a minimum of one month but will continue to run such searches until the requirement for the Services is terminated in accordance with this Agreement. Accordingly the minimum fee for the Services is one monthly service fee(s) applicable to the Services provided on a calendar monthly basis. At the end of each calendar month, Kantar Media shall invoice Customer for the fees relating to the Services that have been incurred during the applicable month. Customer shall pay to Kantar Media the fees for the Services within 30 days of the date of the applicable invoice from Kantar Media. Without prejudice to any other right or remedy available to Kantar Media, Kantar Media shall be entitled immediately and without notice on payment in cleared sums becoming overdue to suspend any further deliveries of Articles to Customer and/or to close any Portal maintained for Customer and delete any Articles or other information contained within such Portal. Kantar Media reserves the right to pass on debt collection costs on overdue invoices to the customer.

Confidentiality

Except as referred to in this clause, Customer shall not disclose to any third party, and shall treat as strictly confidential all confidential information received, obtained or created by it as a result of entering into or performing this Agreement. Any party may disclose information, which would otherwise be confidential if and to the extent: (a) it is required to do so by law or a regulatory or governmental body to which it is subject wherever situated- (b) it considers necessary to disclose the information to its professional advisers, auditors and bankers provided that it does so on a confidential basis; (c) the information has come into the public domain through no fault of that party; or (d) each party to whom it relates has given its consent in writing.

Term and termination

This Agreement shall come into effect on the Commencement Date and shall remain in force until terminated in accordance with the terms of this written Agreement. Either party may terminate this Agreement with immediate effect if the other: commits a material or persistent breach of any of the provisions of this Agreement and fails to remedy such breach (if capable of remedy) within 30 days of receipt of written notice from the other specifying the breach; files for bankruptcy or insolvency or becomes an involuntary participant in bankruptcy or involuntary proceedings. Any such termination shall be without prejudice to any other rights or remedies of either party. Kantar Media may terminate this Agreement at any time for its convenience by giving to Customer 30 days' written notice to expire at the end of that period. For non-fixed term contracts, the service will remain in force on a rolling monthly basis unless notice is provided by either party in accordance with the above termination procedure. As of the date of termination Kantar Media will discontinue the Services. However Customer agrees to accept and pay for any Articles or any Evaluation Report that Kantar Media has arranged to provide Customer prior to that date. In the event of termination for any reason any Portal created for the electronic provision of the Services will be permanently closed, all Articles and/or other information stored within the Portal will be destroyed, and neither the Portal nor any Articles or information within it will thereafter be accessible to Customer unless otherwise agreed in writing by Kantar Media.

Liability

If the performance by Kantar Media of any of its obligations under this Agreement is prevented by circumstances beyond its reasonable control, Kantar Media shall be excused from performance of that obligation for the duration of the relevant event. Without limitation, the following shall be regarded as circumstances beyond Kantar Media's reasonable control: war, civil disturbance, fire, floods, storm, plant breakdown, strikes, non-availability of the Monitoring List or the Articles or supplies, computer or other system failure or interruption, or any other event outside the control of Kantar Media. In the event and during the period of any system failure or interruption Kantar Media shall be entitled to determine the format for the delivery of the Services and shall be entitled to full payment for the delivery of the relevant Services notwithstanding such delivery are not in the format preferred or required by Customer. Kantar Media shall use reasonable endeavours to ensure that the relevant Articles are found and supplied to Customer; however, Kantar Media cannot guarantee that all relevant Articles will be found or supplied. Kantar Media shall not accept liability for any errors in sending incorrect Articles or omissions in sending relevant Articles or for errors or omissions from any Evaluation Report based on such Articles. Time is not of the essence for the delivery of the Services or any part thereof and Kantar Media cannot guarantee delivery times. Kantar Media will use all reasonable endeavours to procure a readable presentation of any Articles and/or Evaluation Report provided, but reserves the right to determine the nature of presentation and gives no warranty or guarantee in relation to the quality of such presentation. Subject to the liability which Kantar Media accepts in this Agreement, Kantar Media's aggregate liability to Customer arising out of or in connection with this Agreement shall not exceed the value of the fees and/or charges paid by Customer to Kantar Media under this Agreement in the twelve months preceding the date of the event giving rise to such liability (or in the case of a combination of events, the latest relevant event) or ?1,000 whichever is the greater. Kantar Media shall not be liable to Customer in contract, tort or otherwise howsoever arising out of or in connection with this Agreement for any indirect loss, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.

Intellectual Property

The Articles and any Evaluation Report are supplied for the private and non-commercial use of Customer. The Intellectual Property Rights in the Articles and all Evaluation Reports belong to Kantar Media or its licensors. All rights are reserved. None of the Articles nor any Evaluation Report may be copied or reproduced in whole or in part without the prior written consent of Kantar Media or its licensors, as appropriate. Kantar Media shall not be responsible or liable for any loss suffered by Customer in relation to Articles deleted. Customer must comply with all copyright and other requirements in relation to Articles received in whatever form including but not limited to procuring the destruction of all copies (whether paper or electronic) of any Articles which Customer is notified are or may be subject to any rights and/or libel issues, and Customer indemnifies and agrees to keep indemnified Kantar Media in respect of loss or expenses (including without limitation legal expenses) becoming payable or incurred by it by reason of any third party claim or suit alleging that Customer's use of the Articles infringes any Intellectual Property Rights belonging to or any other rights of a third party.

General

Any notice to either party under this Agreement shall be in writing signed by or on behalf of the party giving it and shall, unless delivered to a party personally, be left or sent by prepaid first class post prepaid recorded delivery or facsimile to the address of the party on the Order Confirmation or as notified in writing from time to time. This Agreement sets out the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all representations, communications and prior agreements (written or oral). Each party acknowledges that; (a) upon entering into this Agreement, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to this Agreement or not) except those expressly set out in this Agreement; (b) the only remedy available in respect of any misrepresentation or untrue statement made to it shall be a claim for breach of this Agreement; and (c) this clause shall not apply to any statement, representation, or warranty made fraudulently, or to any provision of this Agreement which was induced by fraud for which the remedies available shall be those available under Irish Law. This Agreement shall be governed by and construed in accordance with Irish law and each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts of the Republic of Ireland.

Terms & Conditions relating to Contact

Definitions

"Contact" is an online product which is part of the MediaOne website. "Contact" allows users to search Kantar Media's media contact database and to distribute press releases via email to media contacts.

Data accuracy & completeness

Kantar Media makes every effort to ensure that the information on the "Contact" Media Contacts database is accurate and complete, some information is supplied to us by third parties (for example, email addresses for some journalists may be supplied by the editor or another employee of the publication) and we are unable to check the accuracy or completeness of all information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this site or any liability in respect of information on this site supplied by Customers, any other site user or any other person.

User responsibilities

Customers may only use Kantar Media products for lawful purposes when seeking contacts and information. You must not under any circumstances seek to undermine the security of the site or any information submitted to or available through it. The sending of spam via the press release distribution system is prohibited. Other abuses of the press release distribution system including the sending of mails purporting to originate from an email address which Customers do not control are also prohibited. The Customer accepts that Kantar Media has the right to suspend access to Contact indefinitely & without refund if Kantar Media deems that the service has been used to send illegal message, inappropriate messages or messages which can be considered spam.

Liability

We accept no liability for any loss arising from Customers use of MediaOne Contact. Customers agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by Customers of this site. Customers must notify us immediately if anyone makes or threatens to make any claim against the Customer relating to the Customers use of MediaOne Contact. In the case of a scheduled press release failing to send to one or more contacts, Kantar Media accept no liability for the failure to send or for any subsequent loss of earning or impact on share price.

Links to other Sites

Within MediaOne there are links to other sites. Kantar Media do not accept any responsibility for, or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us.

Service availability

While Kantar Media endeavours to ensure the operation and availability of MediaOne 24/7/365, there may be errors, omissions, interruptions of service and delays which can occur at any time. Kantar Media does not accept any liability arising from any errors, omissions, interruptions or delays.

Content Rights

The rights in material on this site are protected by international copyright, software and trademark laws and Customers agree to use Kantar Media services in a way which does not infringe these rights.

Privacy

Under the Data Protection Acts of 1984 and 1998(United Kingdom) and Data Protection Acts 1988 and 2003 (Republic of Ireland), we must comply with certain regulations that are designed to ensure that any data which we store and process is collected fairly, kept for one or more explicit purpose, disclosed & used in ways compatible with these purposes , stored securely, is accurate & up-to-date, and is relevant. Data is only retained for as long is as necessary for the stated purpose of provision of a contact management database.

What type of data do we collect?

Kantar Media collects professional data about media professionals to be used in a searchable contact management database. This data consists of information such as names, place(s) of work, address, e-mail address, fax / phone number and social media contact information.

How is this data stored?

The security of your data is extremely important to us. Access to your personal data is only provided to our staff or prospective customers. This is secured through username/password protected security systems.

Data accuracy

A copy of the data held about you may be requested at anytime via contact.ireland@kantarmedia.com. Kantar Media has procedures in place to ensure that data is accurate and up to date. We will verify any requested data changes or corrections prior to updating our data.