print advertisements in any Shrishra Events & Leisure Private Limited ("SEL") publication ("Publications"); and
online advertisements or any other website or social media site which SEL operates or sponsors ("Websites"); (together "Advertisements").
By placing an order, the person/entity placing the order ("Advertiser") for the Advertisement accepts and agrees to be bound by these Terms and Conditions in full.
Content and Delivery of Advertisements
Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, in accordance with the technical specification as communicated by SEL.
SEL may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable, in SEL's absolute discretion or contrary to these Terms and Conditions or SEL's objectives and remove, not print, suspend or change the position of any such Advertisement. SEL may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Publications or the Websites. The Advertiser will remain responsible for all outstanding charges.
The publication of an Advertisement by SEL does not mean that SEL accepts the Advertisement has been provided in accordance with these Terms and Conditions or that SEL has waived its rights hereunder.
The Advertiser represents, warrants and guarantees to SEL that:
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, 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 SEL or the Websites or the Publications, and will not contain anything which SEL 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).
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 SEL and the Advertiser will compensate SEL for any claim made by such advertiser against SEL.
All Advertisements are only accepted on the basis that they are paid for at the applicable rates set out in the applicable rate card. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
All sums payable to SEL should be made only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. SEL's standard payment terms are cleared funds 7 days 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. SEL reserve the right to charge interest on late payment at 4% above the Bank of England base rate.
The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement SEL's opinion will be final and binding.
SEL cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, SEL shall, as the Advertiser's sole remedy and provided the Advertiser has notified SEL of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. SEL will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, SEL will not be liable unless such over-delivery arises due to SEL's act or omissions.
The Advertiser guarantees to SEL that any landing page and/or destination site linked to from the Advertisements ("Advertiser's Site") will:
be legal, decent, honest and truthful,
not be contrary to the provisions of any applicable law, regulation or code of practice (including the CAP Code),
not be libellous or obscene,
not infringe the rights of any person (including any person's intellectual property rights);
not be prejudicial to the image or reputation of SEL or the Websites or the Publications;
In the event advertising copy is received after midday on the day before an Advertisement is due to SELbe published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10SEL-SELday period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
SEL does not guarantee that Advertisements will appear in or on any particular Website and/or that impressions will be spread evenly across any particular Websites. Furthermore, SEL does not guarantee that inventory meeting any criteria selected by the Advertiser will necessarily be available nor that it will be available in the volume desired by Advertiser.
SEL makes no guarantees regarding the quality and/or suitability of any sites on which Advertisements appear. If an Advertisement is published on a site which the Advertiser reasonably finds unsuitable, the Advertiser may notify SEL and SELSEL will, as the Advertiser's sole remedy, remove the Advertisement from the site as soon as reasonably practicable.
Where an Advertiser wishes to drop cookies on users' computers or use pixels, web beacons or other data collecting technology (the "Data Collecting Technology") for the purpose of displaying or providing advertising on the Websites and tracking impressions and related data, it shall notify SEL in advance of booking an Advertisement and provide all information requested by SEL regarding such Data Collecting Technology.
If SEL authorises the Advertiser to use Data Collecting Technology, SEL will provide written authorisation within the Insertion Order and Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to SEL.
Liability of SEL
SEL accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to SEL or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to SEL.
SEL 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.
Advertisements normally appear in all editions of a Publication but SEL reserves the right to omit certain Advertisements from new or special editions. SEL shall not be responsible to the Advertiser for any other advert or content of the Publication or Websites and shall not be obliged to inform the Advertiser of any other content or adverts.
SEL 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).
SEL cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of SEL. However, SEL will use reasonable efforts to comply with the wishes of the Advertiser.
If a booked Advertisement is not published at all solely due to a mistake on SEL's part, SEL will try to offer an alternative source of advertising. If the alternative 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.
If the Advertisement as reproduced by SEL contains a substantial error solely due to a mistake on SEL's part, SEL shall negotiate in good faith with the Advertiser to supply and alternative form of advertising. SEL shall not be responsible for repetition of errors and it is the Advertiser's responsibility to inform SEL of any errors and provide any necessary assistance to SEL to prevent a repeat of the error.
SEL 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 SEL and the Advertiser, and SEL's 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.
In respect of Advertisements on the Websites, SEL does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, SEL will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of SEL.
For the avoidance of doubt, nothing in these Terms will limit or exclude SEL's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded by law.
Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
The Advertiser will fully reimburse SEL for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by SEL in accordance with these Terms.
SEL owns the copyright in all Advertisements written or designed by it or on its behalf and all copyright in its Publications and Websites.
The Advertiser grants SEL the right (free of charge) to:
use such of the Advertiser's names, trade marks and/or logos as SEL may consider necessary for the purposes of publishing the Advertisements;
reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Publications for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Publication will be subject to variation at SEL's sole discretion.
Once payment has been received and the Advert accepted by SEL the Advertiser cannot cancel or receive a refund.
If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, SEL may treat the order as cancelled but with no obligation to refund any payment.
A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
If SEL fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
These Terms and the documents referred to herein replace all previous agreements between the Advertiser and SEL, and are the entire agreement between the Advertiser and SEL in respect of the Advertisements. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
These Terms (and any non-contractual obligations arising in connection with them) shall be governed by Indian law and the courts of India will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
The Advertiser shall keep all information received about SEL, its Publications, Websites and those involved in the activities of SEL completely confidential at all times and shall not represent itself as having any other connection with SEL or any activities which SEL organises.