Website Terms of Use

1. These terms, and who we are

These terms of use tell you the rules for using our website at vizzads.com (the "Site"). Please read them carefully. By using the Site you confirm that you accept them and agree to comply with them. If you do not agree, you must not use the Site.

The Site is operated by Vizz Ads Ltd ("Vizz Ads", "we", "us", "our").

2. These terms cover the Site only, not our services

These terms govern your use of the Site. They do not govern the services we provide to clients.

If you engage Vizz Ads to provide advertising, media buying, creative, consulting or any other service, that engagement is governed by a separate written agreement between us — such as a proposal, statement of work, order form or master services agreement. Where there is any conflict between these terms and that agreement, that agreement prevails in respect of the services.

Nothing on the Site is an offer capable of acceptance. Descriptions of our services, packages and prices on the Site are an invitation to discuss and may change. A binding contract for services only comes into existence when we both sign or otherwise agree a written engagement document.

3. Other terms that apply to you

These terms of use refer to the following additional documents, which also apply to your use of the Site:

• Our Privacy Policy, which sets out how we handle personal data and what rights you have.

• Our Cookie Policy, which sets out what cookies we use and how you control them.

4. We may change these terms, and the Site

We may amend these terms at any time by updating this page. Every time you wish to use the Site, please check these terms to make sure you understand the terms that apply at that time. The version number and date at the top of this document show when it was last updated.

We may update and change the Site from time to time to reflect changes to our services, our users’ needs and our business priorities.

5. Availability of the Site

The Site is made available free of charge. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site, and for ensuring that everyone who accesses the Site through your internet connection is aware of these terms and complies with them.

6. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright, trade mark and other laws around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page from the Site for your own personal reference, and you may draw the attention of others within your organisation to content posted on the Site. You must not modify the copies you have taken in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status as the authors of content on the Site must always be acknowledged. You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us.

Third-party trade marks, logos and case study material appearing on the Site remain the property of their respective owners and are used with permission. Nothing on the Site grants you any right to use them.

You must not use any automated system, including scraping, data mining, robots or similar data gathering tools, to extract content from the Site, and you must not use content from the Site to train machine learning or artificial intelligence models, without our prior written consent.

7. Do not rely on information on the Site

The content on the Site is provided for general information only. It is not advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of content on the Site.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

8. Results, case studies and performance

The Site may contain case studies, performance figures, benchmarks, client results and testimonials. These describe outcomes achieved in specific circumstances for specific clients. Advertising results depend on many factors outside our control, including your product, market, pricing, creative assets, budget, website, and the policies and algorithms of the advertising platforms.

Nothing on the Site is a promise, guarantee or forecast of the results you will achieve. Any performance commitment we make will be made only in a signed engagement document, and only in the terms set out in it.

9. Our liability to you

Nothing in these terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.

If you are a business user

We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with use of, or inability to use, the Site, or use of or reliance on any content displayed on it. In particular, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

Where we are liable to you notwithstanding the above, our total liability arising out of or in connection with your use of the Site will not exceed one hundred pounds (£100). This limit reflects the fact that the Site is made available to you free of charge. It does not apply to our liability under any separate engagement document for services, which will contain its own liability provisions.

If you are a consumer user

Please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. Nothing in these terms affects your statutory rights.

Content and services from others

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it or on any website linked to it.

10. Acceptable use

You may use the Site only for lawful purposes. You may not:

• Use the Site in any way that breaches any applicable law or regulation, or that is fraudulent or has any fraudulent purpose or effect.

• Use the Site to send, knowingly receive, upload, download or otherwise use any material which is unlawful, defamatory, obscene, offensive, or which infringes any third party’s rights.

• Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.

• Knowingly transmit any data, or send or upload any material, that contains viruses, trojan horses, worms, spyware, or any other harmful programs or similar computer code.

• Reproduce, duplicate, copy or resell any part of the Site in breach of these terms.

• Access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site, or any equipment, network or software owned or used by any third party.

• Submit information through any form on the Site that is false, that relates to another person without their authority, or that you are not entitled to disclose.

11. Viruses and security

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Site, and you should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

12. Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, and you may not create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

13. Third-party links and resources

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or the information you may obtain from them. We have no control over the contents of those sites or resources.

14. Breach of these terms

If we consider that you have breached these terms, we may take any action we deem appropriate, including withdrawing your right to use the Site, blocking access from your IP address, taking legal proceedings against you for reimbursement of all costs on an indemnity basis, and disclosing information to law enforcement authorities as we reasonably feel is necessary.

15. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control, including failure of public or private telecommunications networks, failure of hosting or platform providers, and acts of government or regulatory authorities.

16. Other important terms

We may transfer our rights and obligations under these terms to another organisation. Each of the paragraphs of these terms operates separately; if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, that will not mean that we have waived those rights.

A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

17. Governing law and jurisdiction

These terms of use, their subject matter and their formation, and any non-contractual obligation arising out of or in connection with them, are governed by the law of England and Wales.

If you are a business user

You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute or claim arising out of or in connection with these terms or their subject matter or formation.

If you are a consumer user

You and we both agree that the courts of England and Wales will have jurisdiction, except that if you are a resident of Scotland or Northern Ireland you may also bring proceedings in the courts of the country in which you live. Nothing in these terms affects your rights as a consumer to rely on mandatory provisions of the law of the country in which you are resident.

18. Contact us

To contact us about these terms, email ainesh@vizzads.com, or write to Vizz Ads Ltd, 71–75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.