Terms and Conditions - Ads On The Move
Gorilla Media reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time. Changes to the terms will be effective when notice of such changes is posted.
Gorilla Media has used utmost care to ensure and maintain the accuracy, completeness and currency of information published on this site. We, however, take no responsibility for any errors or omission, though if notified of any we will endeavour to rectify such.
Website User Conduct
Users of this web site are not to:
- Disrupt or interfere with the security of the site or otherwise abuse any service provided on the site or linked web site
- Disrupt, interfere or abuse any other user's enjoyment of the site
- Obtain unauthorised access to any part of the site that is restricted from public access
Web Site Use
User of this web site agree as follows:
- To comply with instructions, guidelines, rules and notices pertaining to the use of this site as issued from time to time
- Not to impersonate any person or entity, falsify or misrepresent any information
- Not to post, promote or transmit any information on this site that would infringe the rights of a third party
- Not to transmit, post or promote anything on this site that is libellous, defamatory, harmful, vulgar, obscene or objectionable material
The web site may contain links to other sites. Although utmost care is exercised in providing links to sites that share our high standards, Gorilla Media shall not be responsible for the content, security, availability and privacy practices used by such linked sites.
The linked pages are provided for the convenience of our web site users only and do not constitute an approval of their services or practices.
Links from other web sites to our home page do not require prior permission from us but deep linking into any other page of our site should not be effected without prior permission from us.
Indemnification By Users
Limitation of Liabilities
The operators of this web site will not be liable to users or any third party for any damages whatsoever, whether direct, indirect, incidental or consequential relating to or arising out of a visitor's use of this web site.
The trademarks, logos and service marks displayed on this site belong to the operators of this web site and others. The owners of the marks on this site retain all rights in and to the marks . Nothing grants users the right to use, reproduce or display any of the marks.
Gorilla Media is committed to protecting the personal information of all visitors to this web site. We recognise our obligation to keep personal information secure and believe it is important for you to know how we treat information about you.
Users of our web site can visit the site without revealing their identity or providing information about themselves.
We collect information directly from users when they voluntarily submit their personal information to us. At certain parts of our web site, we may provide the opportunity for users to register for an event or order goods, join a mailing list or request information.
When this sort of information is collected we will provide the reason for collection and how the information will be used. We reserve the right to add to this list of opportunities available to our users to interact with us. It is completely up to users to provide us with their personal information.
Use of Collected Information
Generally, visitors are informed of the use of their personal information at the time of collection. Normally, personal information provided or collected is used to respond to inquiries or to process requests.
Security of Collected Information
Gorilla Media maintains strict physical, electronic and administrative safeguards to protect user's personal information from unauthorised or inappropriate access. Workers, affiliates and business partners who misuse a user's personal information are subject to legal or disciplinary actions.
Rights of Web Site Users
Users of our web site may review and update any personal information that is provided to us or collected through this web site and actually stored by us.
Gorilla Media will respond appropriately to users request to correct inaccurate personal information and all complaints relating to the collection, storage, use and disclosure of personal information will be dealt with promptly in a confidential manner.
The web site operator, affiliates and business partners each reserve copyright in all content that they provide to the site, including but not limited to design, text, software, drawings, graphics and other files.
None of these may be republished, reproduced, downloaded, displayed, distributed, posted transmitted or sold in any form or by any means in whole or in part without prior written permission of the copyright owner.
No part of this web site content may be reproduced and reused for any commercial purpose whatsoever.
All page headers, button icons, collection material, custom graphics and all other types of graphics used on this site may not be copied or imitated without the right owner's permission.
Gorilla Media has used its best efforts to obtain the most accurate and reliable information available and does not guarantee the accuracy or completeness of any information on or accessed through this web site.
By providing links to other sites, Gorilla Media does not guarantee, approve or endorse the information or product available at those sites, nor does a link indicate any association between the linked site and the operator of this web site.
Jurisdiction & Governing Law
Meji Media Ltd Limited
TERMS AND CONDITIONS OF SERVICE
1.1 In these Terms the following words and phrases will have the following meanings unless inconsistent with the context:
“Agreement” means any agreement between Meji Media Ltd and the Customer for the purchase of the Services as set out in Clause 2.
“Meji Media” means Meji Media Ltd Limited, registered office, Wolverhampton Science Park, Glaisher Drive, Wolverhampton, WV10 9TG. A company registered in England and Wales number 981340127
“Customer” means the person(s), firm or company whose order for the Services is accepted by Meji Media Ltd
“Force Majeure” means any reason preventing Meji Media Ltd from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable contemplation and control of Meji Media, including, but not limited to, traffic congestion; vehicle breakdown; emergency or act of terrorism; compliance with any law or regulatory requirement; accident; adverse weather conditions; strikes or other industrial disputes; defaulting of subcontractors.
“Order” means an order for the Services made by the Customer.
“Owner” shall mean Meji Media Ltd or any other company to whom Meji Media Ltd has an obligation in relation to the provision of the vehicle or equipment provided as part of the hire.
“Services” means the hire of vehicle and/or driver to the Customer by Meji Media Ltd as set out and in any booking confirmation.
“Terms” means the standard terms and conditions of sale set out in this document together with any special terms agreed in writing between the Customer and Meji Media Ltd .
“Quotation” means any quotation given by Meji Media Ltd to the Customer for the provision of the Services.
1.2 The headings in these Terms are for convenience only.
2.1 The Agreement will be upon these Terms and shall exclude all other terms and any previous oral or written representations, including any terms or clauses which the Customer purports to apply under any similar document whatsoever, including any purchase, acknowledgement or confirmation of order.
2.2 The Agreement is formed when an Order is accepted by Meji Media Ltd, or a booking confirmation is issued by Meji Media Ltd, whichever is the earlier. Each acceptance of a Quotation will be deemed to be an Order.
2.3 Save as set out in the Agreement, these Terms may only be varied or amended in writing and signed by an authorised signatory of Meji Media Ltd.
2.4 If the Customer is a company, group or partnership, an individual must be named as the person authorised to deal with Meji Media Ltd on the Customer’s behalf. The Customer is responsible for the actions and decisions of all users of the Services.
2.5 Each Quotation is given on the basis of information provided by the Customer.
3.1 The Services will be as set out in the relevant booking confirmation.
3.2 All descriptions or illustrations contained in Meji Media Ltd publicity material (including but not limited to brochures and any website) are issued or published for the sole purpose of giving an approximate idea of the services represented by or described in them and they will not form part of the Agreement.
3.3 Meji Media Ltd may change the provision of the Services:
3.3.1 To conform with any relevant safety or other statutory or regulatory requirements; or
3.3.2 Which do not materially affect their quality or performance.
3.4 In providing the Services, Meji Media Ltd reserves the right to substitute another vehicle of at least equivalent quality.
3.5 Meji Media Ltd shall transport property of the Customer on the understanding that Meji Media Ltd will take reasonable steps to avoid loss or damage.
3.6 All articles of property recovered from the vehicle will be held at the premises at which the vehicle is based in accordance relevant statutory regulations, details of which are available on request.
4.1 If the Customer wishes to cancel the Agreement, the following scale of charges will apply in relation to the price, and payments shall be due and payable immediately.
Cancellation Notice Charge
28 days or more - Deposit
21 – 28 days - Deposit plus 25% of balance
14 – 20 days – Deposit plus 50% of balance
8 – 13 days – Deposit plus 75% of balance
1 – 7 days 100% of all amounts due including deposit
Specific notice periods apply to promotional vehicle hire and will be advised to the customer.
- PRICE AND PAYMENT
5.1 The price for the Services will be as set out in the booking confirmation and is exclusive of:
5.1.1 All parking charges and road tolls whether in the United Kingdom or abroad;
5.1.2 The costs of additional mileage or time incurred in providing services to the Customer ;
5.1.3 Any value added tax or other applicable sales tax or duty; and such sums will be added to the sum in question.
5.1.4 Any fines, tow charges, storage fees and clamping fees whether in the United Kingdom or abroad. All of which are the sole responsibility of the customer
5.1.5 Driver and accommodation costs are based upon a 5 consecutive day week Any extra driver and accommodation costs will be invoiced monthly and include, where necessary, overtime payments
5.2 Meji Media Ltd will be entitled to vary the price for the Services:
5.2.1 Following any changes in the Order made at the request of the Customer and agreed by Meji Media Ltd
5.2.2 To comply with the requirements referred to in Clause 3.3.1;
5.3 Any deposit is non-refundable, and the Customer shall pay for the Services in full and in cleared funds prior to performance of the Services. All payments will be made in pounds sterling.
5.4 All payments to be made by the Customer under the Agreement shall be made in full without any set-off, restriction or condition and without any deduction or withholding for or on account of any counterclaim or deductions or withholdings of any nature, unless the Customer is required by law to make any such deduction or withholding.
5.5 Meji Media Ltd may use any payment made by the Customer to Meji Media Ltd to settle such of the invoices for the Services as Meji Media Ltd thinks fit, despite any purported appropriation by the Customer.
5.6 If any sum payable under the Agreement is not paid when due, that sum will bear interest from the due date until payment is made in full, both before and after any judgement, at 1.5% per annum over HSBC plc base rate from time to time.
Payment of such interest shall be without prejudice to Meji Media Ltd rights under the Agreement. Meji Media Ltd shall in addition be entitled to suspend performance of the Services until the outstanding amount has been received by Meji Media Ltd from the Customer.
6.1 Meji Media Ltd will use reasonable endeavours to perform the Services at the times set out in the booking confirmation.
6.2 If, despite the endeavours set out at clause 6.1, Meji Media Ltd is unable for any reason to fulfil any performance at the specified times, Meji Media Ltd will be deemed not to be in breach of this Agreement, and Meji Media Ltd will not have any liability to the Customer for direct, indirect or consequential loss (all three of which terms include, but are not limited to, loss of profits, loss of business, depletion of goodwill, pure economic loss and like loss) howsoever caused (including as a result of negligence) by any delay or failure in performance.
6.3 If the Customer fails to provide any instructions, documents, licences or authorisations required to enable the Services to be performed on time (except solely on account of Meji Media Ltd default), the Services will be deemed to have been performed on the due date. Meji Media Ltd may, without prejudice to its other rights, charge the Customer the price for the Services.
7.1 The items hired out to, or placed at the disposal of, the client by Meji Media Ltd are in a good state of repair and maintenance.
7.2 Should the customer notify Meji Media Ltd, in good time, that the items hired out to him, or placed at his disposal by, Meji Media Ltd do not meet the material requirements of the agreement, the service team of Meji Media Ltd shall carry out the necessary reasonable and proper repairs as soon as reasonably possible.
7.3 Should the items not meet the requirements of the agreement as a result of any activities on the part of the client, in contravention of the agreement; the costs associated with the repair will be charged separately to the client.
- EXCLUSION OF LIABILITY
8.1 Meji Media Ltd does not exclude its liability (if any) to the Customer:
8.1.1 for breach of Meji Media Ltd obligations arising under relevant legislation, including but not limited to the Supply of Goods and Services Act 1982;
8.1.2 for personal injury or death resulting from Meji Media Ltd negligence;
8.1.3 for fraud;
8.1.4 For any matter which it would be illegal for Meji Media Ltd to exclude or to attempt to exclude its liability.
8.2 Except as provided in Clause 8.1, Meji Media Ltd will be under no liability to the Customer whatsoever for any damage or for any direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with any breach by Meji Media Ltd of any of the express or implied terms of the Agreement.
8.3 Except as set out in Clause 8.1, Meji Media Ltd hereby excludes to the fullest extent permissible in law, all express (other than those set out in the Agreement) or implied, statutory, customary clauses, warranties and stipulations or otherwise which, but for such exclusion, would or might subsist in favour of the Customer.
8.4 The Customer agrees to indemnify, keep indemnified and hold harmless Meji Media Ltd from and against all direct, indirect or consequential loss (all three of which terms include, but are not limited to, loss of profits, loss of business, depletion of goodwill and like loss), costs, expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs and judgements which Meji Media Ltd incurs or suffers as a consequence of direct or indirect breach or negligent performance or failure in performance by the Customer of the terms of the Agreement.
- FORCE MAJEURE
9.1 Meji Media Ltd will be deemed not to be in breach of the Agreement or otherwise liable to the Customer in any manner whatsoever for any failure or delay in performing its obligations under the Agreement due to Force Majeure, provided that it has and continues to comply with its obligations set out in Clause 9.2.
9.2 If Meji Media Ltd performance of its obligations under the Agreement is affected by Force Majeure:
9.2.1 It will give written notice to the Customer as soon as reasonably practicable after becoming aware of the Force Majeure specifying the nature and extent of the Force Majeure, and will at all times use all reasonable endeavours to bring the Force Majeure event to an end and, whilst the Force Majeure is continuing, mitigate its severity;
9.2.2 It will refund to the Customer the balance of any monies paid to it by the Customer after deduction of all non-refundable costs and expenses incurred by Meji Media Ltd plus Meji Media Ltd reasonable expenses;
10.1 If any clause or part of the Agreement is found by any court or equivalent body to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Agreement and will be ineffective without, as far as is possible, modifying any other provision or part of the Agreement and this will not affect any other provisions of the Agreement which will remain in full force and effect.
10.2 No action taken by the parties pursuant to this Agreement will be deemed to constitute a relationship between the parties of partnership, joint venture, principal and agent, or employer and employee. Neither party has, nor may it represent that it has, authority to act or make any commitments on the other party’s behalf.
10.3 No failure or delay by Meji Media Ltd to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
10.4 The Agreement is personal to the Customer who may not transfer all or any of its rights or obligations under the Agreement without Meji Media Ltd prior written consent. Meji Media Ltd may transfer and/or sub-contract all of its rights or obligations under the Agreement without the consent of the Customer.
10.5 The parties to the Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
10.6 This Agreement shall be governed by and construed in accordance with English law and subject to the jurisdiction of the English courts.
- PROMOTIONAL VEHICLE HIRE
11.1 WHEREAS Meji Media Ltd Limited uses its best endeavours to obtain and supply vehicles of the highest quality, our customers' attention is drawn to the fact that these vehicles are, by their very nature, well-used and well-travelled and should not be confused with a brand new product.
The Meji Media Ltd shall insure the vehicle for road risks insurance only, and only when the Meji Media Ltd employed driver is driving. In situations of static use on or off the public road, public liability insurance is to be taken out by the Customer. The Customer shall fully and completely indemnify Meji Media Ltd in respect of all claims by any reason whatever for injury to persons or property caused by and in respect of all costs and charges in connection therewith whether arising under state or common law.
11.3 MAINTENANCE & ALTERATIONS
In the event of vehicle or equipment malfunction, Meji Media Ltd must be informed at the earliest possible opportunity. Meji Media Ltd will send an engineer to deal with the problem or authorise local repair. At his own discretion and expense the Customer may arrange for a local engineer to attend and to change any faulty part. Should this option be taken up by the Customer then it is essential that the old part be returned with a label affixed to it identifying it as faulty for Meji Media Ltd inspection. Any malfunction caused by misuse, neglect or malicious vandalism will be repaired at the cost of the customer, including any consequential loss suffered by the Meji Media Ltd.Should
Meji Media Ltd have to incur expenses as a result of incorrect usage by the Customer then a full call out charge at the rates governing at the time will be charged including all transport charges. Under no circumstances may the Customer remove any equipment or accessories from the Vehicle. The Customer agrees to reimburse Meji Media Ltd for all and any damage or loss of any equipment supplied for the purposes of the promotional vehicle hire.
11.4 DELIVERY IN GOOD ORDER
The Meji Media Ltd will warrant that each vehicle supplied for hire is compliant with current British Ministry of Transport regulations,
The Customer shall at all times allow the Meji Media Ltd or his agents to have reasonable access to the equipment to inspect, test, repair or replace same.
11.6 CONSENTS, LICENCES & PERMISSIONS
The Customer shall obtain all permissions, consents, and licences required for the vehicles under any statute, regulation or byelaw and comply with any conditions imposed in respect thereof.
11.7 AVAILABILITY OF VEHICLES
All vehicles or equipment are offered subject to availability at the time of receipt of written order; no liability can be accepted should a vehicle not be available through circumstances beyond Meji Media Ltd or the Owner’s control.
11.8 RENTAL & PAYMENT TERMS
The hire charges under this agreement will be paid by the Customer punctually to Meji Media. No allowance or deduction shall be permitted from such hire charges in respect of any period where for whatever reason the vehicle shall not be used by the Customer. Payment shall be made strictly in accordance with the terms of the agreement. In the event of late payment Meji Media Ltd reserves the right to charge interest at the rate of 1.5% upon placing an order for a vehicle, a non-refundable deposit will become payable by the Hirer to the Owner
The Customer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Vehicle and shall protect against distress, execution, or seizure and shall indemnify Meji Media Ltd against all damages, losses, costs, charges and expenses that may be occasioned by failure to observe and perform this condition except in the case of government requisition. The Customer shall not assign his rights hereunder nor sub-let or lend the vehicle or any part of its equipment to a third party without the prior consent of the Owner
11.10 CONSEQUENTIAL LOSS TO 3rd PARTY
No liability will attach to Meji Media Ltd or the Owner for any consequential loss or damage due to any failure in the vehicle or equipment or non-arrival or late delivery or any breach of contract by Meji Media Ltd for any cause whatever, including the negligence of Meji Media ltd, Meji Media Ltd employees
11.11 USE OF VEHICLE PROMOTIONAL PICTURES
The Customer agrees that Meji Media Ltd,its business associates or any of its trading partners can use pictures of the vehicles supplied, with or without any branded livery or other promotional materials involved in the use of the vehicle, in order to provide Meji Media Ltd with promotional materials to other potential or actual customers.
Meji Media Ltd shall be entitled to terminate the agreement forthwith and repossess the equipment in the event of the failure of the Customer to comply with any of the conditions herein contained. It is the responsibility of the Customer to make the vehicle available at the termination of hire. Where the period of hire is indeterminate or having been defined becomes indeterminable the contract shall be determined by seven days notice in writing given by either party to the other in the event of failure to give such notice then hire for the period of the seven days is chargeable. If the hire is terminated prematurely the Owner is entitled to payment in full for the minimum hire period stated
12 PRINT MATERIAL
12.1 The customer will provide the marketing material such as images, wording, posters and creative for us to display Meji Media Ltd advertising vans.
12.2 All print material must be attached on the vans by the Customer on the first day of booking and removed by the Customer once the hire period has completed.
12.3 All requests for Meji Media Ltd to provide design, print and fitting of banners to the vehicle must be made in writing. The customer will be liable for all charges.
12.4 Once the campaign has finished the Customer may keep the posters, flyers and any other advertising material used for the campaign.
12.5 The vehicle will be delivered to a client location 15 miles radius of Meji Media Ltd Head office, WV10 9TG – WV10 9TG. Any additional milage will be charged at £0.60 per mile for a return journey.
12.6 Delivery addresses exceeding 30 miles distance from Meji Media Head Office WV10 9TG will incur an additional return journey charge via local taxi. For journeys exceeding 50 miles distance from Meji Media Head office will incur an additional hourly charge as agreed.