Terms and Conditions for The CANNAVIST (UK & EU)
By placing an order, the Advertiser (which is the person placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full.
Advertisements are accepted subject to the approval of copy and the right of the company to alter, reject suspend or cancel any order without assigning a reason. We regret we are unable to guarantee insertion dates, although we will do everything in our power to stick to publishing dates. The proprietors are not liable for any loss occasioned by the failure of any advertisement to appear from any cause whatsoever, nor do they accept liability for printing errors. Although every care is taken in printing, refunds or credits will not be made unless corrections are notified immediately following publication of the first insertion carefully. Credits or refunds will not be given for minor errors which do not corrupt the overall meaning of the advertisement. Yellow Monday Media LTD may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the company’s magazines or websites. The Advertiser will remain responsible for all outstanding charges.
The Advertiser guarantees the following to YELLOW MONDAY MEDIA LTD:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- the advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice, (including the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
- the advertisement will not be prejudicial to the image or reputation of YELLOW MONDAY MEDIA LTD or its websites and/or magazines, and will not contain anything YELLOW MONDAY MEDIA LTD in good faith considers to be offensive or otherwise inappropriate;
- all advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no advertisement will cause an adverse effect on the operation of the website(s).
- all advertisements submitted for publication in any YELLOW MONDAY MEDIA LTD publication which portray any nicotine-containing product(s) must comply with the Medicines and Healthcare products Regulatory Agency rulings on CBD products in the UK.
Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with YELLOW MONDAY MEDIA LTD and the Advertiser will compensate YELLOW MONDAY MEDIA LTD for any claim made by such advertiser against YELLOW MONDAY MEDIA LTD.
Terms of Payment
All sums payable to YELLOW MONDAY MEDIA LTD should be made in accordance with YELLOW MONDAY MEDIA LTD’s Financial Terms & Conditions which are outlined as follows.
Unless a customer has applied for and been accepted as a credit account customer, YELLOW MONDAY MEDIA LTD will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
If a customer who has booked a run of advertisements wishes to cancel part way through the booking, any advertising that has already been published will revert to the rate card price in any calculations relating to refunds, regardless of any prior agreements.
Where a customer books a run of advertisements, and then wishes to reduce the number of issues in which their advertising appears, any prior agreement will no longer stand and either the rate card price or a new negotiated price will apply.
Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. YELLOW MONDAY MEDIA LTD standard payment terms are cleared funds from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date. YELLOW MONDAY MEDIA LTD reserve the right to charge interest on late payment at four percent above the Bank of England base rate.
YELLOW MONDAY MEDIA LTD accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any advertisement copy to YELLOW MONDAY MEDIA LTD or any loss or damage to any advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quality of all materials supplied to YELLOW MONDAY MEDIA LTD.
YELLOW MONDAY MEDIA LTD shall use its reasonable endeavours to reproduce advertisements as provided by the Advertiser but cannot guarantee that the advertisement will be of the same quality.
YELLOW MONDAY MEDIA LTD will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
In the case of unprecedented events, where events my be postponed, leading to the delay or postponement of a publication, YELLOW MONDAY MEDIA LTD will defer advertisements to the rescheduled event and no refund will be due to the client.
In the case where YELLOW MONDAY MEDIA LTD has not been provided with any required materials by the client in order to publish the client’s advertisement, the client may miss out on their booking appearing within the publication, and no refund will be due.
Artwork must be submitted/uploaded by the deadline date given. If no artwork is submitted/uploaded by the copy deadline date, then it is YELLOW MONDAY MEDIA LTD.’S right to include what they feel is acceptable as a booth/advert on behalf of the client or alternatively if they deem necessary to fill the booth/advert with an alternative booth/advert or edit not relating to the client. No refunds or credits will be given in these circumstances.
If a booked advertisement is not published at all solely due to a mistake on YELLOW MONDAY MEDIA LTD’s part, YELLOW MONDAY MEDIA LTD will endeavour to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled, and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
YELLOW MONDAY MEDIA LTD shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by YELLOW MONDAY MEDIA LTD and the Advertiser, and YELLOW MONDAY MEDIA LTD maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the Advertiser.
Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
YELLOW MONDAY MEDIA LTD owns the copyright in all advertisements written or designed by it or on its behalf unless otherwise stated. The Advertiser grants YELLOW MONDAY MEDIA LTD the right (free of charge) to:
(i) use such of the Advertiser’s names, trademarks and/or logos as YELLOW MONDAY MEDIA LTD may consider necessary for the purposes of publishing the advertisements;
(ii) reproduce the advertisement in any media at any time from the date the advertisement was last published in the magazines for promotional purposes. For the avoidance of doubt, the content, layout and format of any Magazine or Website will be subject to variation at YELLOW MONDAY MEDIA LTD’s sole discretion.
Compliance
Advertisers should be aware that content within this publication must be compliant with the rulings of governing bodies, including but not limited to, the Advertising Standards Authority (the ASA), the Committee of Advertising Practice (CAP) and the Medicines and Healthcare products Regulatory Agency (MHRA) in the UK and if in the USA, the Food and Drug Administration (the FDA).
Products submitted to be featured must derive from an approved hemp strain containing no more than 0.2% THC. Products sent to be featured cannot contain more than 1mg THC per finished product, as per Home Office guidelines.
In agreement with these terms, the advertiser takes responsibility of their own adverts with respect to the requirements of Novel Food Regulations.
[The publisher will not accept any liability for publishing an advert featuring a non-compliant product, in the case where the advertiser has misinformed the publisher, either accidentally or intentionally, that the product is compliant with any CBD regulations, including Novel Foods.]
The publisher sought guidance from the ASA in advance of the March 31, 2021 Novel Foods compliance deadline. In agreement with these terms, the advertiser agrees to comply with the following guidance:
In written advice distributed to the publisher on February 9, 2021, the ASA said:
“We are aware that some CBD containing products are likely to be classed as Novel Foods. As stated in our guidance on CBD product advertising, we understand that risk assessments and authorisations are required before those foods can be sold (see our advice on legality here).
“You should not advertise a product in any media (including magazines or print media) unless the product can be legally sold. It is an advertiser’s responsibility to first establish that they have any necessary authorisation for any product and that the product can be legally sold before advertising it.
“If you are unsure about the status of any CBD product we advise that you contact the FSA to establish if the product will be considered a novel food before selling, or advertising, the product. You may find this FSA guidance, which relates to novel foods useful, along with this guidance which gives information about CBD products specifically. I am afraid we are unable to advise on FSA guidance and as such we advise that you contact the FSA if you have any queries about this.”
The publisher reserves the right not to feature products with claims of medicinal, health or wellbeing benefits without notice (marketing authorisation) that this has been approved by the necessary authorities. The publisher reserves the right to amend artwork or statements deemed unfit for publication by The Editor.
The CANNAVIST Magazine is regulated by the Independent Press Standards Organisation. Journalists employed by The CANNAVIST respect the highest standards of editorial, in keeping with the IPSO Editor’s Code. If you are dissatisfied with any piece of editorial, online or in print, please email The Editor directly at: editorial@cannavistmag.com
Covers
It is the norm that YELLOW MONDAY MEDIA LTD produces two covers per issue.
One for the business distribution network (B2B) and one for retail (B2C).
B2B covers are available for sale to any legitimate hemp or CBD-related business, complying with the current rules and any changes to regulations on CBD in the UK.
B2C covers are not made as accessible for sale, to protect the integrity of the magazine in appealing to consumers / readers.
Unless explicitly stated otherwise by The Editor, the client must not assume that their B2B booking transfers to the B2C cover.
On rare occasions, upon the approval of The Editor, B2C covers may feature a B2B client.
The Editor reserves the right to editorial control of covers. This includes the right to reject any cover elements (artwork or copy) supplied by an advertiser.
Cover elements which are deemed unfit by The Editor will not be published.
Advertisers may need to liaise with the YELLOW MONDAY MEDIA LTD design team to find a collaborate on cover designs.
Where the advertiser will not work reasonably with the YELLOW MONDAY MEDIA LTD design team on a cover, or causes any obstruction to the publication from going to press on time, YELLOW MONDAY MEDIA LTD reserves the right to pull such a cover from being printed, cancelling the booking and may re-sell the cover to another client.
YELLOW MONDAY MEDIA LTD reserves the right to transfer covers sold to earlier or later issues, and will notify the client of the reason for doing so in such a case.
Intellectual Property
The Cannavist®, and all uses of the name, are the property of YELLOW MONDAY MEDIA LTD.
No person or establishment has the right to reproduce the name or branding, in any printed or published context, without the written permission of The Editor.
The Cannavist® is a registered trademark with the UK’s Intellectual Property Office. Trademark no.: UK00003413840
The International Standards Serial Number UK Centre to the British Library has granted the following ISSNs to The CANNAVIST:
Print ISSN 2633-4097
Online ISSN 2633-4100
Please note: These terms may change as regulations and guidelines surrounding CBD and medical cannabis further develop in the UK. Updates are made in order to remain as up-to-date with British regulation as possible.
For any further information please contact YELLOW MONDAY MEDIA LTD on +44 (0) 1332 650 239.
