Introduction
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01775 828111.
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Ad Warrior Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Ad Warrior Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Ad Warrior Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
We do not store credit card details nor do we share customer details with any 3rd parties.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Ad Warrior Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- print one copy of the Content
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Ad Warrior Ltd.
Prohibited use
You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Ad Warrior Ltd or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.adwarrior.co.uk/termsandconditions/ and https://www.adwarrior.co.uk/cookies-policy/ .
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Ad Warrior Ltd makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Ad Warrior Ltd is under no obligation to update information on the Website.
Whilst Ad Warrior Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Ad Warrior Ltd accepts no liability for any disruption or non-availability of the Website.
Ad Warrior Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Ad Warrior Ltd accepts no liability for any of the following:
any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Ad Warrior Ltd details
Ad Warrior Ltd is a company incorporated in England and Wales with registered number 11395207 whose registered address is 10 Pinchbeck Road, Welland Workspace, Spalding, Lincolnshire, PE11 1QD and it operates the Website https://www.adwarrior.co.uk/ . The registered VAT number is 297966420.
You can contact Ad Warrior Ltd by email on help@adwarrior.co.uk.
Application
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Ad Warrior Ltd whose trading name is Ad Warrior a company registered in England and Wales under number 11395207 whose registered office is at 10 Pinchbeck Road, Welland Workspace, Spalding, Lincolnshire, PE11 1QD with email address help@adwarrior.co.uk; telephone number 01775 828111; (the Supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
Website means our website https://www.adwarrior.co.uk/ on which the Services are advertised.
Services
The description of the Services on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services required, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
When registering to use the Website you must set up a username (in email format) and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, before performance begins of any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Advertising with Ad Warrior
Once the Client has uploaded its Advertisement through the online template, Ad Warrior will post to a select variety of appropriate online job boards and job categories (at its discretion). We aim to get out all adverts posted onto the jobs boards on the same day if they are submitted prior to 3pm, however no guarantees can be provided
Ad Warrior regularly changes the job boards that it posts Adverts to. As such certain job boards may not be available after purchasing Credits. We attempt to keep the client aware of any changes prior to the advert going live, but this cannot always be guaranteed.
Because not all job boards use the same parameters, Ad Warrior will use its discretion and experience to modify adverts in order to meet the parameters accepted by a specific job board and will do so on the basis of its view of what would provide the closest fit. Ad Warrior may also proof adverts at its discretion to ensure compliance with law or with the guidelines of the partnered job boards. Ad Warrior will attempt to obtain the Client’s approval for any modifications before posting the advert to a job board. Any delay in response from the client may result in a delay in the advert being posted.
The Client acknowledges that unless otherwise stated, Ad Warrior will take reasonable steps to avoid adverts directly or indirectly identifying the Client (unless the client has purchased branded adverts). They will usually be branded as ‘Ad Warrior’ but may carry the branding of third parties who work with Ad Warrior.
Once an Advertisement is placed on a job board it cannot be changed; if the Client wishes to amend the Advert it must use a further Credit.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
- services that are made to your specifications or are clearly personalised;
- once the any adverts have been posted online with the agreement of payment at a later date
Contractual Agreements
Once a contract has been formed, Ad Warrior cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:
- Contractual agreement and Subscription Services (Job Advertising) are for a minimum term of 12 months unless otherwise agreed with Ad Warrior. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable.
- For the avoidance of doubt, Job Advertising credits do not roll over beyond the contract end date. Any Job Postings that are live on the Website will remain live until their expiry date, but no new Job Postings can be made using the credits from the relevant contract.
Conformity and Guarantee
We have a legal duty to supply the Service in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
We will supply the Services with reasonable skill and care.
We will provide the following after-sales service: Once the advert has been published on the suppliers website, the supplier will proof the advert and post to online job boards. The customer will continue to receive a service from the supplier for 28 days through email communication by sending applicant CV’s to the customers desired email address.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
The Contract continues as long as it takes us to perform the Services.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.adwarrior.co.uk/privacy-policy) and cookies policy (https://www.adwarrior.co.uk/cookies-policy/ ).
For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (UK) UKGDPR
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: help@adwarrior.co.uk.
Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs and the customer is not happy with the service. They should contact Ad Warrior via email so to find a solution. Ad Warrior will aim to respond with a solution within 5 days.