All advertisements published in the Daily Record, Sunday Mail or Glaswegian at the instance of an advertising agency or any other person, partnership or company (“the Advertiser”which expression shall include its successors, assignees, executors and personal representatives as the case may be) are published and accepted by Scottish Daily Record and Sunday Mail Limited (“the Proprietors”which expression shall include its successors, assignees, subcontractors, agents or MirrorAd Limited) subject to the following conditions:

1. The Proprietors reserve the right to omit or suspend where reasonably necessary publication of any advertisement notice, or order or any part thereof without giving notice of their intention to do so, but the Proprietors shall endeavour to give such notice where reasonably possible.

2. The Proprietors have no liability whatsoever for any loss or expense or claim occasioned to the Advertiser or any third party by the non-insertion of any advertisement or by any errors or omissions in any advertisement.

3. Whilst every effort will be made to meet the Advertiser’s requirements, the
Proprietors reserve the right to hold over the publication of any advertisement without notice and to publish any advertisement so held over in a subsequent issue of the newspaper in which such advertisement was instructed. The Proprietors also reserve the right to alter any advertisement if necessary without consulting the Advertiser in order that such advertisement might conform to the Proprietors’ standards of decency, taste and other relevant matters laid down in any relevant code of practice, the Proprietors current self imposed standards or any other mandatory rules applicable.

4. In the case of advertisements to be published at the instance of an advertising agency, the terms of the standard Agreements of Recognition between an advertising agency which instructs an advertisement and the Newspaper Publishers Association Ltd., the Newspaper Society and the Scottish Daily Newspaper Society are deemed to be incorporated herein.

5. The Advertiser is responsible for checking that the first insertion in a series of advertisements is published in accordance with the Advertiser’s wishes.

6. The Proprietors are not obliged to stop or cancel any advertisement excluding spot and full colour or special positions unless they receive verbal notice to do so which notice is to be followed by notice in writing, the said verbal and written notice to be received by them not less than seven days prior to the proposed publication of the advertisement which the Advertisers or Advertiser wishes to stop or cancel. The Proprietors are not obliged to stop or cancel spot and full colour, and editionising mono unless they receive written notice of not less than 14 clear days prior to the proposed date of publication of the advertisement. The Proprietors are not obliged to stop or cancel editonising spot and full colour unless they receive written notice of not less than 21 days prior to the proposed publication of the advertisement. The Proprietors are not obliged to stop or cancel spot and full colour or special position advertisements or spaces exceeding halfdouble column booked in conjunction with THE MIRROR, SUNDAY MIRROR, and SUNDAY PEOPLE unless they receive written notice not less than 21 clear days prior to the proposed date of publication of the advertisement.

7. Payment of invoices is to be made as per the Newspaper Publishers Association Ltd. terms for recognised agencies. All other direct advertisers must pre-pay unless credit has been approved. The maximum credit term will be 14 days from date of invoice.

8. All advertisements must not contravene the provisions of any applicable law including without limitation the Trade Descriptions Act 1968, the Consumer Credit Act 1974, Sex Discrimination Act 1975 or the Business Advertisements (Disclosure) Order 1977 and must comply with the British Code(s) of Advertising Practice as any of the same may be amended or reenacted from time to time.

9. The Advertiser will free and relieve and indemnify the Proprietors of and against any claim or awards whatsoever made against the Proprietors in connection with the publication of any advertisement placed by the Advertiser including any costs or expenses (including legal and judicial expenses) incurred by or on behalf of the Proprietors in connection with such claims or awards.

10. The Proprietors reserve the right from time to time to alter these Conditions. The Proprietors shall endeavour to give notice to Advertisers likely to be affected thereby.

11. Should any Court, competent Tribunal or authority find any of these conditions unenforceable for any reason, the remaining provisions shall be enforceable. Should any other exclusion or limitation of the liability of the Proprietors contained herein be found by any such Court to be unenforceable, the Proprietors’ liability in respect of any breach hereof giving rise to damage (other than personal injury or death) shall be limited to the charges to be levied for the placing of the advertisement in question.

12. The Proprietors cannot and do not accept any liability (beyond the price for any advertising) for any economic or consequential losses including loss of profit arising from any breach of these Conditions or from any negligence on the part of the Proprietors.

13. Each of the foregoing conditions shall be separate and severable.

14. These conditions and any agreement to which they apply shall be subject to the Law of Scotland and the exclusive jurisdiction of the Scottish courts but the Proprietors are entitled, at their sole discretion, to take action in any other competent jurisdiction.