| 1 |
Conditions |
| 1.1 |
An “Advertisement” means advertising material to be published by the Publisher whether in a printed medium or digitally, as further set out in Clause 1.4; |
| 1.2 |
the “Buyer” means the person placing with the Publisher the order for the appearance of the advertisement, whether such person be the advertiser of the product or service promoted thereby or making the announcement therein (`the Advertiser') or the Advertiser's advertising agency or media buyer; |
| 1.3 |
the “Rate Card” means the Publisher's charges in effect for the time being and may include, among other matters, its scale of advertisement rates, technical specifications, copy and cancellation deadlines and setting styles, and standard conditions set out on the Rate Card; |
| 1.4 |
“Publication” means any publication in any printed medium, or in a digital format including without limitation any website, app and web-based digital editions, apps, e-newsletter, audio-visual video sharing services and channels, podcasts and viral advertising, and social media platforms, in or with which the advertisement is to appear or has appeared, and including any insert, supplement or magazine which is published, whether regularly or occasionally, as part of, or in association with, the publication; and |
| 1.5 |
the “Publisher” means Garavi Gujarat (Publications) Limited and/ or Asian Trade Publications Limited, the publisher of the Publication and whose details appear below. |
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| 2. |
The Buyer warrants that: |
| 2.1 |
by placing an order for the insertion of Advertisement in the Publication, the Buyer confirms its acceptance of and agreement to these Terms and Conditions and the Rate Card which shall be deemed to be incorporated into these Terms and Conditions; |
| 2.2 |
these Terms and Conditions (with such variations, if any, as the Publisher may expressly agree in writing) will apply to each contract for the placement of Advertisement to the exclusion of any other terms and conditions, including without limitation, any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document; |
| 2.3 |
in relation to an Advertisement the Buyer contracts with the Publisher as a principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity; |
| 2.4 |
the reproduction and/or publication of the Advertisement by the Publisher as originally submitted or as amended pursuant to condition 3 will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever; |
| 2.5 |
any information, supplied in connection with the Advertisement is accurate, complete and true; |
| 2.6 |
in respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy; |
| 2.7 |
in respect of any Advertisement submitted for publication which contains a pictorial representation (photographic or otherwise) of any private dwelling place and/or any part of any such place which can be identified, the Buyer or the Advertiser has obtained the authority of the owner of the dwelling place to make use of such representation; |
| 2.8 |
in relation to any financial promotion (as defined under the Financial Services and Markets Act 2000), the Advertiser is, or its contents have been approved by, an authorised person within the meaning of that Act or the Advertisement is otherwise permitted under the Act or under any other legislation subordinate to the Act; |
| 2.9 |
the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities) for the time being in force or applicable in the United Kingdom; |
| 2.10 |
all advertising copy submitted to the Publisher complies with the all relevant codes under the general supervision of the Advertising Standards Authority; and |
| 2.11 |
no malware is contained within or will originate from the Advertisement, its content or any link or from any email, attachment, message or other documentation supplied to the Publisher by the Buyer. |
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| 3 |
The Publisher may, without derogation from the warranties contained in Clause 2, refuse or require to be amended any artwork, materials and copy for or relating to an Advertisement so as: |
| 3.1 |
to comply with the legal or moral obligations placed on the Publisher
or the Buyer or the Advertiser; or |
| 3.2 |
to avoid infringing a third party's rights, and any codes under the general supervision of the Advertising Standards Authority or the production and quality specifications stipulated or referred to in the Rate Card. |
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| 4 |
The Publisher has the right at its discretion to decline to publish, or to omit, suspend or change the position of, any Advertisement otherwise accepted for insertion. However, the Publisher will use reasonable efforts to comply with the wishes of the Buyer although it does not warrant the date of insertion, the wording, or the quality of the colour or mono reproduction of the Advertisement. |
| 5 |
The Publisher will not be liable for any loss of copy, artwork, photographs or other materials, which the Buyer warrants that it has retained in sufficient quality and quantity for whatever purpose. |
| 6 |
Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with the Publisher and the Buyer will indemnify the Publisher against any claim made by the Advertiser against the Publisher arising from the publication thereof. |
| 7 |
The Publisher shall have the right to change its scale of Advertisement charges in the Rate Card at any time without notice. |
| 8 |
The Publisher shall not be bound by a stop order or cancellation or transfer of the Advertisement unless it meets the requirements specified on the Rate Card, and any such instruction otherwise than prior to the deadline thereof shall not (even though it be followed by the Publisher) affect the Buyer's liability for payment for the Advertisement. The Publisher may treat as a cancellation the fact that the Buyer is deemed unable to pay its debts within the meaning of the Insolvency Act 1986 Section 123 or is otherwise in breach of any of these conditions. |
| 9 |
In the absence of any other specific arrangement between the Publisher and the Buyer, Publisher will issue an invoice and payment in respect of the Advertisement (including any associated production, late copy and box number charges) is due in advance of publication except where the Publisher has agreed to allow credit to the Buyer, and |
| 9.1 |
payment may be made by transfer or BACS payment to the account detailed on the invoice; or |
| 9.2 |
by credit, debit card, PayPal or other digital payments service subject to any applicable payment surcharge; and |
| 9.3 |
the charges invoiced will be subject to VAT at the current rate. |
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| 10 |
Payment for the Advertisement shall be made as aforesaid whether or not the Buyer shall have: |
| 10.1 |
received the Publisher’s invoice; or |
| 10.2 |
provided the Publisher with an order number at the time the Advertisement was booked. |
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| 11 |
The Buyer agrees to pay to the Publisher in respect of each Advertisement for which payment is not made by the due time: |
| 11.1 |
the sum of £200 + VAT as an administration charge; and |
| 11.2 |
interest on the amount paid late at the rate of 8% above the Bank of England base rate accruing from day to day (including the day on which payment was due) both before and after judgment. |
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Any such additional charge is payable within 7 days following delivery of the Publisher's invoice particularising it. |
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| 12 |
It is the responsibility of the Buyer to check the accuracy of the Advertisement (and of each insertion of the Advertisement if more than one). Without prejudice to condition 6, the Publisher assumes no responsibility for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Any other matter of complaint, claim or query (whether in relation to the Advertisement or the invoice) must be raised with the Publisher in writing within 7 days following (as the case may be) insertion of the Advertisement or of the date on which it is claimed the Advertisement should have appeared or of the receipt by the Buyer of the invoice giving rise to it. Without prejudice to the Publisher's entitlement to be paid for the Advertisement as published a sum representing a reasonable proportion of the charge agreed at the time the Advertisement was booked, the Publisher's liability is limited to a maximum at its option of giving a credit for its charge for the Advertisement or (in an appropriate instance) of publishing the Advertisement for a second time without charge. Such complaint, claim or query. |
| 13 |
There is no obligation on the Publisher for it to supply voucher copies or tearsheets and their absence shall not affect the Buyer's liability for the agreed charge. |
| 14 |
The Buyer acknowledges and agrees that the Publisher will use its reasonable endeavours to ensure the accuracy of any estimated figures relating to the number, proportion or type of people likely to be exposed to the Advertisement, the number of exposures each person is likely to receive, and the cost of achieving those exposures whether in the printed medium or in electronic format versions. Nevertheless, these are matters beyond the Publisher’s control and no warranties are given as to the accuracy of such estimates, or as to the figures actually occurring and the Publisher will have no liability to the Buyer in respect of any losses suffered by the Buyer or any third party by reason of the Buyer’s reliance on such estimate. |
| 15 |
While all reasonable endeavours will be made as soon as possible after receipt by the Publisher to forward to the Buyer or as it may direct any replies to box numbers, the Publisher accepts no responsibility in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies. |
| 16 |
The Buyer will indemnify the Publisher and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non-performance of any of the representations, warranties or other terms contained in these terms and conditions or implied by law. |
| 17 |
No waiver or indulgence by the Publisher shall be effective save in relation to the matter in respect of which it was specifically given. |
| 18 |
Except in respect of: |
| 18.1 |
death or personal injury caused by the Publisher’s negligence, the Publisher will not be liable for any indirect or consequential loss (including without limitation, business interruption and loss of profits, business, goodwill, reputation, anticipated savings, information or data), whether arising out of breach of contract, tort (including negligence) breach of statutory duty or otherwise howsoever caused; and |
| 18.2 |
the Publisher’s total liability howsoever, arising in connection with the performance or contemplated performance of the order will be limited to: |
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| (a) |
the refund of its charge for the relevant Advertisement; |
| (b) |
(or in the Publisher’s absolute discretion) repeat publication of the relevant Advertisement or an appropriate corrective Advertisement without charge. |
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| 19 |
If the Buyer is acting as a consumer when placing an order for publication of an Advertisement, then these terms and conditions do not affect the Buyer’s statutory rights. The Buyer, however, agrees that by placing an Advertisement for Publication prior to the expiry of the consumer’s cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Buyer explicitly acknowledges that the order implies an obligation to pay and that the Buyer has made an express request for the Advertisement to be published during the cancellation period and that the right to cancel is lost. |
| 20 |
The contract which incorporates these conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English courts. |
Garavi Gujarat (Publications) Limited
1 Silex Street
London SE1 0DW
Registered in England Company number 01423059
Asian Trade Publications Limited
1 Silex Street
London SE1 0DW
Registered in England Company number 01716184 |
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