| Ethnic Media Group
Website Terms & Conditions Advertising & Digital Newspaper Subscriptions Ethnic Media Group Ethnic Media Group publishes four weekly newspapers: Asian Times; Caribbean Times; Eastern Eye and New Nation, it also publishes Occasions an Asian quarterly, wedding magazine, a number of websites and Online Digital Newspapers for each weekly newspaper. Please read these Terms & Conditions carefully as your continued use of this website indicates that you accept these Terms & Conditions. Ethnic Media Group Privacy Policy forms part of these Terms & Conditions and together they contain all of the terms relating to the use of our websites. Click here for Privacy Policy
These Terms & Conditions are incorporated into each agreement entered into between the online publisher and the customer whether or not the advertising order form or any other document which the customer signs makes reference to these Terms & Conditions. In these Terms & Conditions the following expressions have the following respective meanings unless the context otherwise requires: “ T & C” means Terms & Conditions “Ethnic Media Group”, “EMG”, "Online publisher", “Publisher”, “Our”, “We”, “Us”, means Ethnic Media Group Ltd and/or vice versa "Advertiser(s)" “User(s)” “Subscribers” “You”, “Your(s)” means the person(s) or company identified on the advertising order form or subscription form. “User(s)”, “Visitor(s)”, means person(s), individual(s) who visit and/or use our websites. "Insertion order" means advertising order form. “Subscription(s)” means a user subscription for a Digital Newspaper online for a fixed period. "Website" means the particular website/websites as detailed on the insertion order. “Digital Newspaper” means the online digital newspaper edition 2. Advertiser: Terms of Payment: 2.1 Payments can be made in sterling by cheque, standing order or by invoice. 2.2 Advertisers paying by invoice will be invoiced on the first day of the contract period set forth on the insertion order. 2.3 Payment shall be made in full to the online publisher no later than thirty days of the date of the advertiser's program, as specified in the insertion order. 2.4 All payments to the online publisher hereunder shall be made in sterling and shall be exclusive of any VAT chargeable thereon which shall be payable by the advertiser in addition, where applicable. 2.5 Amounts paid after the due date shall bear interest at the rate of 2% per annum above the base-lending rate of Barclays Bank plc from time to time from the date when payment should have been paid until the date of actual payment. 2.6 In the event of any failure by the advertiser to make payment, the advertiser will be responsible for all expenses (including legal fees) incurred by the Ethnic Media Group the online publisher in collecting such amounts. 2.7 In the event of late payment the online publisher reserves the right to suspend and/or remove the advertiser’s copy/advertisement/ information/links from the website(s). 3. Advertiser: Acceptance of Advertising 3.1 Acceptance of Advertising is subject to space availability upon receipt of signed contract or insertion order by the online publisher. 3.2 Signed Insertion orders must be delivered at least three business days prior to the start of an insertion term. 3.3 Banner adverts must be delivered at least three business days prior to the start of an insertion term. 3.4 All other advertising copy and material must be delivered at least three business days prior to the start of an insertion term. 3.5 All advertising requires a signed insertion order. 4. Advertiser: Responsibilities 4.1 The advertiser warrants and represents to the online publisher that: 4.2 It has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights. 4.3 It has complied with the Codes of Practice issued by the Advertising Standards Authority in respect of electronic and online advertising and all other relevant industry Codes of Practice. 4.4 It will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed on the online publisher’s website(s). 5. Advertiser: Advertisement Content 5.2 The online publisher does not undertake to review the contents of any advertisements and any such review of and approval by the online publisher shall not be deemed to constitute an acceptance by the online publisher that such advertisement is provided in accordance with the terms of the Agreement nor shall it constitute a waiver of the online publisher's rights hereunder. 5.3 The online publisher makes no warranty, express or implied, as to the accuracy of any advert. In the event that any advert is inaccurate, the advertiser's sole remedy is for the online publisher to remedy such inaccuracy within 2 working days of being notified of the inaccuracy by the advertiser. 5.4 All insertion orders are accepted subject to provisions of the current rate card. Rates are subject to change upon notice from the online publisher. In the event of a rate increase during the period of the insertion order, the advertiser will have the option to cancel the remaining period of the insertion order with one month's notice or as of the date of the rate increase, whichever period is the shorter, without penalty or continue the order at the revised rate. 6. Advertiser: Indemnify online publisher: 6.1 The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services. 6.2 The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser's prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings. 6.3 The online publisher reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice. 6.4 The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your website directly. 6.5 Optimised web pages containing your company name and information may be submitted to search engines at the expense of the online publisher 6.7 Positioning of advertisements is at the sole discretion of the online publisher except where a request for a specific preferred position is acknowledged by the online publisher in writing. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced. 6.8 The online publisher may create an advertisement on behalf of the advertiser if material is not received by the agreed deadline. 7. Advertiser: Cancellation Policy 7.1 Any campaign can be cancelled without charge up to 30 days before the scheduled start date of the campaign. Non-banner advertisements, company profiles and directory services listings (where available) can be cancelled without charge up to 30 days before the scheduled start of the campaign. 7.2 Cancellation damages of 50% of the advertising contract amount will be due and payable to the online publisher by the advertiser if campaigns are cancelled by the advertiser less than 30 days before the scheduled start date of the campaign. After a campaign has started all advertisements must run their contracted duration as per the insertion order form. 7.3 All contents of advertisements are subject to online publisher's approval. The online publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any website page controlled by the online publisher, or reject any URL link embodied within any advertisement. 7.4 The online publisher will notify the advertiser by email that their advertisement has been added to the website. 7.5 The agreed duration will begin from notification by the online publisher. 7.6 The advertiser must notify the online publisher as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made. 8. Publisher: Limitation of Liability 8.1 The online publisher will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions for: 8.2 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); 8.3 In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these Terms and Conditions. 8.4 In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party). 8.5 Nothing in these Terms and Conditions shall exclude or limit the online publisher's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees. 8.6 Subject to the above, the liability of the online publisher in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms and Conditions or the performance or observance of its obligations under these Terms and Conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data (in accordance with Clause 7.3) or in the event that the online publisher fails to electronically publish an advertisement, the advertiser's sole remedy and the online publisher's entire liability to the advertiser shall be limited at the online publisher's option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position. 8.7 The advertiser acknowledges that any website on which an advert is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of computer viruses or bugs or are fully functional, accurate, or reliable. 8.8 The online publisher shall have the right to hold the advertiser or its agent liable for such monies as are due and payable to online publisher for advertising which the advertiser or its agent ordered and which advertising was published and displayed. 8.9 No conditions other than those set forth in the rate card shall be binding on the online publisher unless specifically agreed to in writing by the online publisher. 8.10 The online publisher is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the online publisher. 8.11 No conditions other than those set forth in the insertion order or this T & C shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the insertion order and this T & C, this T & C shall prevail. 9. Publisher: Website Copyright 9.1 All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to Ethnic Media Group websites (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of our websites) will be and remain the sole property of Ethnic Media Group and it’s licensors. 9.2 Unless otherwise specified, the authors of the literary and artistic works in the pages in this website have asserted their right pursuant to section 77 of the Copyright Designs and Patents Act 1988 to be identified as the authors of those works. 9.3 Visitor(s) may view, use, download, and store the material on this website for personal and research use only. Commercial use is not permitted. Redistributing, republishing, copying, adapting or otherwise making material on this website available to third parties is prohibited. 9.4 Unauthorised use of our Digital Newspaper(s) and Magazine(s) subscription websites may give rise to a claim for damages and/or be a criminal offence. 9.5 The news and information in Ethnic Media Group websites is given in good faith and for general consumption and interest only. It is subject to change without notice. While we endeavour to ensure that the information on our websites is correct but we cannot guarantee that it is 100% free of errors, inaccuracies or omissions. 10.1 Users of the Ethnic Media Group websites are responsible for any decisions they take based on information provided on our sites. We do not accept liability (as far as permitted) for any loss arising from using or relying on information or links included in these websites. 10.2 Arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility. 10.3 You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these Terms & Conditions or arising from your use of our websites. 10.4 Except as set out in Clause 10.5, we shall not be liable to you in connection with this agreement for losses that are not a reasonably foreseeable consequence of our actions. If you are using our websites for commercial purposes, Ethnic Media Group shall not be liable for any loss of profits, loss of contracts, loss or corruption of data, or other economic loss arising in connection with this agreement. 10.5 These Terms & Conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or for any matter which it would be illegal for Ethnic Media Group to attempt to exclude its liability and do not affect your statutory rights. 10.6 Our websites may contain links to other sites, which are outside our control and are not covered by these Terms & Conditions. 10.7 If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information they may acquire about you. 10.8 Ethnic Media Group endeavours to meet the normal standards of accessibility, but cannot guarantee that this website will be compatible with all hardware and software that may be used by visitors to the website. 11.1 You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use of our websites. 12. Subscriptions: Digital Newspapers & Magazine 12.1 Where we offer you a free Demo of a Digital Newspaper or Magazine Online, we will request you fill in a simple questionnaire that helps us evaluate the effectiveness of our marketing strategy. 12.2 Your subscription will automatically become effective when Worldpay have successfully processed your online payments and you have been issued a login password 12.3 If at any time during your subscription there should be a rise in price, we will give you at least six weeks' notice in advance to give you time to decide whether you wish to continue. If you do not wish to continue you should let us know during the period of six weeks' notice and we shall cancel your subscription. 12.4 If you wish to cancel at any time, we require seven days' notice of cancellation. For details contact: digitalsubscriptions@ethnicmedia.co.uk 13. Subscriptions: Access to Digital Newspapers & Magazines 13.1 We will allocate and email you a Login password promptly once we have processed your subscription. 13.2 You are entitled to use and access our Digital Newspapers and Magazines Online in accordance with these Terms and Conditions from the time you receive a Login password until your subscription is terminated in accordance with these Terms and Conditions. 13.3 Your right to use and access our Digital Newspapers and Magazines Online is personal to you, and you must not allow any other person to gain access to Ethnic Media Group Digital Newspapers or Magazines Online using your Login password. You must keep your Login password confidential. 13.4 We reserve the right to update, suspend, vary, withdraw or reintroduce Ethnic Media Group Digital Newspapers and Magazines Online or any part of them as will be most appropriate for our clients and us. 14. Subscription: Duration of service 14.1 Your use of Ethnic Media Group Digital Newspapers or Magazines Online shall continue until terminated by either you or us, giving at least seven days' notice to the other. Any notice of cancellation you send us takes effect on the last day of the week it is received by us. 14.2 If you or we give notice in accordance with the above Clause 14.1 above, this agreement shall continue up to the date that the notice expires. 15.1 You shall not assign or otherwise transfer your subscription to any other person without obtaining our prior written consent. 16.1 If you do any of the following, we may terminate this agreement immediately: 17.1 These Terms & Conditions (as amended from time to time) together with any document expressly referred to in any of the Terms & Conditions, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. 17.2 No verbal explanation or verbal information given by any party shall alter the interpretation of these Terms & Conditions. Each party confirms that, in agreeing to these Terms & Conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these Terms & Conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these Terms & Conditions. 17.3 The invalidity, illegality or unenforceability of any provision of these Terms & Conditions shall not affect or impact the continuation in force of the remainder of these Terms & Conditions. 17.4 Nothing in these Terms and Conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose. 17.5 These Terms & Conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these Terms & Conditions. 17.6 The Ethnic Media Group reserve the right to change these Terms & Conditions from time to time, and the amended Terms & Conditions will be posted on all our websites. 17.7 The Ethnic Media Group may terminate access to its Digital Newspapers & magazines if there has been abuse of these Terms & Conditions. Back to top 18.1 Please read our Privacy Policy and Useful Information sections for additional information, which complement these Terms & Conditions. 19. Third Party Materials and Advertisements: 19.1 Our website(s) contain materials submitted and created by third parties. EMG excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and EMG takes no responsibility for such material. 19.2 In the event you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party’s terms and conditions and EMG will have no liability to you in respect of the same. 19.3 This website contains links to other websites which are not under the control of or and are not maintained by EMG and EMG is not responsible for the content of these websites. EMG may provide links for your convenience only, but does not necessarily endorse the content on these websites. 20. Material submitted by Users and Visitors 20.1 By submitting any materials to EMG websites, you automatically grant EMG the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. 20.2 You also acknowledge that EMG is not obliged to publish any material submitted by you. See PRIVACY POLICY for Data Protection terms. Back to top 21.1 When a claim is brought against EMG by a third party in relation to your use of the websites you agree to fully reimburse EMG for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities whatsoever suffered or incurred by EMG as a consequence of your breach of these T & C including our Privacy Policy and/or your use of the websites. Back to top 22.1 Neither party is liable for any breach of this agreement that is caused by a matter beyond its reasonable control, including acts of God, fire, lightning, explosion, war, flood, industrial disputes, sabotage, terrorism, extremely severe weather, or acts of local or central government or other competent authorities. 23. Acceptance of these Term & Conditions 23.1 You confirm that you are over 18 years of age if you are ordering any service on behalf of a company or partnership and that you have the necessary authority to do so. 23.2 The agreement has been made in England and is subject to English law and the exclusive jurisdiction of the English courts. 23.3 If any term, condition, or provision of these Terms & Conditions is deemed to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. 23.4 If you have read through our T & C and do not agree with our T & C, do not use our website. If you do use our website, your conduct indicates that you agree to be bound by our T & C. Ethnic Media Group is registered in England, company registration number 243170 (VAT registration number 795898630). Registered offices: Whitechapel Technology Centre, Unit 2.01, 65 Whitechapel Road. September 2005 |
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