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Terms & Conditions

THE AGREEMENT: The use of this website and services on this website provided by Elbosty Limited (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").


DEFINITIONS
“Agreement” denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.

 

“We,” “us,” and “our” are references to ELBOSTY.CO.UK.


“User,” “You,” and “your” denotes the person who is accessing the website for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Website.


‘Advertising’ means the digital advertising content to be provided to the Company, which will be displayed on the Digital Screens.


‘Agency’ means the person, firm, company, or specialist appointed by the Customer with their full authority to act on their behalf to place an Order with the Company.


‘Booking Confirmation’ means the booking confirmation provided by the Company to the Agency and/or Customer in response to receipt of an Order.


‘Campaign Period’ means the period during which Advertising content shall be displayed on Digital Screen(s) as stated on the Booking Confirmation.


‘Contract’ means the contract between the Company and the Customer and/or Agency for the supply of Advertising which incorporates these Conditions.


‘Creative’ means any artwork assets in digital format belonging to the Agency or Customer and required by the Company to deliver the Order.


‘Customer’ means the person, firm or company who has placed an Order for the supply of Services from the Company


‘Digital Screen’ means the digital screen(s) situated at the Sites on which Advertising is displayed.


‘Fees’ means the fees as referred to in the Order Confirmation as agreed between the parties and to be paid in accordance with the Agreement.


‘In Charge Date’ means the date from which the Advertising content shall commence as stated on the Booking Confirmation.


‘Order’ means an order which incorporates these General Terms and Conditions of Digital Advertising which is given by an Agency or Customer for the display of advertising on a Digital Screen and is accepted by the Company.


‘Order Confirmation’ means the Company’s written acceptance of on Order setting out details of the Advertising in consideration of the charge.


‘Site(s)’ means the location for the campaign or Digital Screen(s) as set out in the Booking Confirmation.


' Website' shall mean and include elbosty.co.uk and any successor Website of the Company or any of its affiliates.


'Parties': Collectively, the parties to this Agreement (We and You) will be referred to as Parties.


ASSENT & ACCEPTANCE
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

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  • BY PLACING AN ORDER, THE CUSTOMER AND/OR AGENCY WILL BE BOUND BY THESE CONDITIONS.

  • ANY ORDER THE CUSTOMER AND/OR AGENCY PLACE WILL CONSTITUTE AN OFFER CAPABLE OF ACCEPTANCE BY THE COMPANY. 

  • THE COMPANY SHALL NOT BE OBLIGED TO ACCEPT AN ORDER AND RESERVES THE RIGHT TO REFUSE AN ORDER WITHOUT GIVING ANY REASON.

  • EACH ORDER THAT IS ACCEPTED BY THE COMPANY AND CONFIRMED IN WRITING BY AN ORDER CONFIRMATION SHALL CONSTITUTE A SEPARATE, SEVERABLE, LEGALLY BINDING CONTRACT BETWEEN THE CUSTOMER AND/OR AGENCY AND THE COMPANY AND SHALL BE SUBJECT TO THESE CONDITIONS.

  • QUOTATIONS ARE NOT BINDING, AND NO CONTRACT IS FORMED UNTIL THE COMPANY CONFIRMS THE ORDER IN WRITING BY SENDING THE CUSTOMER AND/OR AGENCY AN ORDER CONFIRMATION.

  • NO ADDITION, ALTERATION, SUBSTITUTION OR WAIVER OF THESE CONDITIONS WILL BE VALID UNLESS EXPRESSLY ACCEPTED IN WRITING BY AN AUTHORISED REPRESENTATIVE OF THE COMPANY.

  • YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

  • LIMITATIONS OF OUR LIABILITY TO YOU; AND

  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

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YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ELBOSTY LIMITED.


Consequences of Non-Compliance


Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.


AGE RESTRICTION
You must be at least 16 (Sixteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 16 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.


ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.


ACCEPTANCE OF ORDER AND DISPLAY OF ADVERTISING

 

  • All advertising Creative shall be delivered to the Company via email or direct to leandro@elbosty.co.uk by the Customer and/or Agency in the Booking Confirmation not less than 3 Working Days before the commencement of the In Charge Date unless otherwise agreed in writing.

  • In the event that the entire Creative is not delivered to the Company, the Company reserves the right to either: (i) cancel the Booking Confirmation without liability to the Company and without prejudice to any Fees payable; or (ii) amend the In Charge Date and/or charge additional costs and amend the Fees, in its reasonable discretion. The Company shall have no liability to the Customer and/or Agency for failure to comply with the Booking Confirmation if the Customer and/or Agency are at fault.

  • For the purposes of an advertising campaign, if the Customer and/or Agency desires one or more changes to the display of Creative during the Campaign Period, this must be stated in the Booking Confirmation or agreed to in writing. If the Customer or Agency requests a change in Creative after the Booking Confirmation, the Company will accept or reject the request in a reasonable manner, and if it accepts the request, it will be entitled to charge the Customer and/or Agency additional fees.

  • The Company will attempt to accommodate any special requests communicated after the Booking Confirmation but cannot guarantee that it will be able to do so. Such special requests are not part of the contractual Booking Confirmation, and the company assumes no responsibility if they are not met.

  • The Company reserves the right to modify the frequency and duration of display impressions at its sole discretion, provided that the total time the Creative is displayed does not fall below the time purchased under any Booking Confirmation. In spite of the Booking Confirmation, the Company cannot guarantee that a Creative will be displayed on a fixed date, for a fixed period, or at a fixed time and has no liability to the Customer and/or Agency in this regard.

  • The Company reserves the right to not display or remove a display of Creative at any time if: - I, the Company's landlord of the relevant site (s), acting in its sole discretion, makes such a request to the Company; or (ii) the Company needs to remove such Creative for any reason, including health and safety reasons, technical reasons, planning control and damage; or (iii) the Customer and/or Agency is found to be in breach of any of these Terms.

  • Where the Company has removed such Creative, the Company shall at its sole discretion endeavor to either find a substitute Site of comparable quality or shall reimburse any Fees paid by the Customer or Agency that relate to a period during which the Creative is not displayed in accordance with the Booking Confirmation; however, this shall be the Customer's and/or Agency's sole and exclusive remedy, and the Company shall have no further liability.

  • Where the Company has removed such Creative pursuant to the above clause, the Company shall have no liability whatsoever to Customer and/or Agency, without prejudice to any rights or remedies to which the Company may be entitled.

  • In the case of Booking Confirmations pertaining to specific Sites, the Company reserves the right, without incurring any liability, to substitute such site with another Site of comparable quality in the same town or any neighboring town, provided written notice is provided by the Company.

  • The Customer or Agency, acting reasonably, may reject any alternative Site proposed by the Company if the Customer or Agency does not approve of the alternative site. Where the Company accepts this rejection as reasonable, the Company will amend the Booking Confirmation and refund any Fees already paid for a paid-for but unused Site in relation to any Creative Work (less any other reasonable costs incurred by the Company in connection with the relevant Creative). This provision outlines the sole recourse available to the Customer and/or Agency, and the Company shall have no further liability.

  • Regarding Digital Screens, the parties acknowledge that the Company cannot and does not guarantee delivery network consistency. The Company shall have no liability to the Customer and/or Agency for any downtime or network issues that prevent the Creative from being delivered and/or displayed in accordance with the Booking Confirmation.


CANCELLATION
The customers will have 48 hours cancellation policy prior to the day on which the service will start, Elbosty Limited will not accept any cancellations after that time, and the Customer or Agency will be liable for that. Elbosty Limited does not guarantee continuous error-free display of over 95% on the Digital Screen.


ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of elbosty.co.uk.

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  • You further agree not to use the Website or Services:

  • To harass, abuse, or threaten others or otherwise violate any person's legal rights.

  • To violate any of our intellectual property rights or any third party.

  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

  • To perpetrate any fraud.

  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.

  • To publish or distribute any obscene or defamatory material.

  • To publish or distribute any material that incites violence, hate, or discrimination towards any group.

  • To unlawfully gather information about others.


OBLIGATIONS OF THE CUSTOMER AND/OR AGENCY
The Customer or Agency shall assume all risk associated with providing the Advertising to fill the designated space on the Digital Screen(s) and shall be responsible for payment of the Fees in the event that such Advertising is not provided in accordance with the terms of this agreement.

  • The Customer and/or Agency are solely responsible for ensuring that the Creative adheres to all statutory, legal, or self-regulatory advertising codes and laws, including, but not limited to, The ASA and OFCOM. The Customer and/or Agency shall also ensure that the Creative provided and displayed on the Digital Screen(s) does not contain any blasphemous, offensive, defamatory, or libelous material or material that violates the statutory or common law rights of third parties, including but not limited to Intellectual Property Rights. Elbosty Limited reserves the right to refuse to display and/or remove any Creative supplied by the Customer or Agency if deemed inappropriate or instructed by any statutory, legal, or regulatory body to do so.

  •  Customer and/or Agency are responsible for obtaining and paying for all required licenses and permissions for the display of Advertising and/or any copyrighted material contained in the Creative, as well as the appearance of any human in the Creative.

 

USER CONTENT
Content Responsibility. 
The website permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.


When posting content to the website, please do not post content that:

  • Contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, and inflammatory attacks of a personal, racial or religious nature.

  • It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.

  • Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.

  • Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability or refers to such matters in any manner prohibited by law.

  • Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.

  • Uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files.

  • Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

  • Any submitted content that includes, but is not limited to; the following will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.


HYPERLINKING TO OUR CONTENT


1)    Without prior written approval, the following organizations may link to our site:

  • Government agencies.

  • Search engines.

  • News organizations.

  • Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

  • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.


1)    We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party's site.


2)    We may consider and approve in our sole discretion other link requests from the following types of organizations:

  • Commonly-known consumer and business information sources such as Chambers of Commerce and Consumers Union.

  • dot.com community sites.

  • Associations or other groups representing charities, including charity giving sites

  • Online directory distributors.

  • Internet portals.

  • Accounting, law, and consulting firms whose primary clients are businesses; and

  • Educational institutions and trade associations.


We will approve link requests from these organizations if we determine that the link will not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organization does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link.

 

We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party's website.


If you are one of the organizations listed in paragraph 2 and would like to link to our website, please contact us at zack@elbosty.co.uk. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:

 

  • By using our company name, the URL (web address) being linked to, or any other description of our website or material that makes sense within the context and format of the linking party's site.


No use of the Elbosty logo or other artwork will be allowed for linking absent a trademark license agreement.


INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of Elbosty, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.


INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Elbosty and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Elbosty. Elbosty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Elbosty in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.


EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.


Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the elbosty.co.uk Website, including loss of data or information or any kind of financial or physical loss or damage.


In no event shall Elbosty, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.


NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.


FORCE MAJEURE

  • The Company shall not be liable to the Customer and/or Agency or be deemed to be in breach of these Conditions by reason of any failure to perform any of its obligations in relation to the Advertising if the failure was due to any cause beyond the Company’s reasonable control (force majeure) including without limitation, acts of God, war, terrorism, civil disorder, industrial dispute, fire, explosions, statutory or government action, difficulties in obtaining raw materials, power failure, internet or communications failure.

  • The Company shall not be liable to the Customer and/or Agency or be deemed to be in breach of these Conditions by reason of any failure to perform any of its obligations in relation to the Advertising if the failure was due to any cause beyond the Company’s reasonable control (force majeure) including without limitation, acts of God, war, terrorism, civil disorder, industrial dispute, fire, explosions, statutory or government action, difficulties in obtaining raw materials, power failure, internet or communications failure.


TERMINATION

  • Elbosty Limited may terminate this Contract by giving written notice to the Customer and/or Agency if the Customer and/or Agency commits a material breach of any of the terms of this Contract and either the breach is not capable of remedy or if the breach is capable of remedy (including but not limited to where the Customer or Agency have paid the Fees) and the Customer and/or Agency fails to remedy it within 48 hours after receiving written notice from the company.

  • The company may immediately terminate this Contract if required to do so by any agreements it has with any superior or head landlord or any other applicable third party.

  •  If at any time during this Contract and Digital Screen at any Site shall be validly declared to be illegal by any authority including national and local government, health & safety, planning or traffic, then in the event that with a period of 10 days of receipt by the Customer or Agency from Elbosty Limited or written notice of such declaration the parties fail to agree on a variation of the terms of this Contract which, in the sole opinion of Elbosty Limited both cures the illegality and preserves the commercial viability of the Contract, then Elbosty Limited may without liability terminate the Contract by notice in writing to the Customer and/or Agency.

  • Any notice of termination required to be given by either party under these Terms must be in writing and delivered to the other party at its registered office or principal place of business, or in the case of a consumer, the consumer's home address as set forth on the Order Confirmation.

  • Notifications can be delivered in person, via pre-paid first-class mail, recorded delivery, fax, or email. If delivered personally, when left at the address; if sent by pre-paid first-class mail or recorded delivery, at 9.00 a.m. on the second business day after mailing; or if sent by fax or email, one business day after transmission.


LIMITATION ON LIABILITY

  • The Company does not exclude liability for death or bodily harm resulting from its negligence, nor for fraud or fraudulent misrepresentation.

  • In addition to any other rights provided under this Agreement, Elbosty Limited shall have the right to view the Advertising prior to its display and shall have the right to refuse to display or continue to display any Advertising for any reason, including but not limited to Advertising that does not comply in all respects with the Customer and/or Agency's warranties and undertakings detailed in this Contract and/or which differs in any material respect from the Advertising as approved by Elbosty Limited.

  • Except in the event of personal injury or death caused by the Company's negligence or fraud, the Company's liability to the Customer and/or Agency is limited to the number of Fees actually paid by the Customer or Agency to the Company under the relevant Booking Confirmation.

  • In no event shall the Company be liable for special, consequential, incidental or other indirect damages, or for loss of profits, anticipated savings, business opportunity, goodwill, or loss of revenue, loss of use or loss of data (including corruption of data), or costs of procurement of substitute goods or services arising out of these Terms, however, caused and under any theory of liability (including contract, tort, strict liability or strict liability).


MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.


GOVERNING LAW AND JURISDICTION
This website originates from England. The laws of England. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of England. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.


SEVERABILITY
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.


CONTACTING US
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at zack@elbosty.co.uk. 


This document was last updated on September 12, 2022
 

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