Conditions of Use for the Tamil Directory Website
This website may only be used for lawful purposes. You cannot Use the website for any unlawful purpose;
After posting or emailing your material to the website, you continue to own that material, and you continue to have the right to use your material in any way you choose.
Please choose carefully any information you post on the website, as it will be available for public viewing. By providing any material to the website, and for us to be able to use it, you confirm that:
You acknowledge that we do not have a duty to publish any material you have provided.
We have the right to:
If you do not want to grant us the permission set out above on these terms, please do not provide any material to the website.
You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of the Tamil Directory Website. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.
You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Conditions.
The laws of England and Wales apply to your use of the website and these conditions. We control the website from within the United Kingdom. However, you can get access to the website from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the website you agree that the laws of England and Wales will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country you live in.
Tamil Directory and Bound Inserts Advertising Conditions (Printed Version & Web)
PLEASE READ CAREFULLY THE FOLLOWING NOTES AND CONDITIONS AS THE CONDITIONS WILL BE THE BASIS OF THE CONTRACT FOR ADVERTISING IN PRINTED DIRECTORIES AND FOR BOUND INSERTS. YOU SHOULD ONLY SIGN THE ADVERTISEMENT ORDER IF YOU ACCEPT THE CONDITIONS.
1.1 When you request services from us, you enter into a contract with us. Except in the case Where any contract was formed under Condition 15.1 (renewal or extension of the contract), the contract consists of:
1.1.1 These Conditions;
1.1.2 The Order Confirmation;
1.1.3 The Advertisement Order; and
1.1.4 The Rate Card (if applicable)
And the Contract shall not be formed unless and until the Confirmation of Order is sent to you by us.
1.2 In respect of any Contract formed under Condition 15.1 (Renewal or Extension of Contract), the Contract is made up of:
1.2.1 These Conditions; and
1.2.2 The Advertisement Order
1.3 The term “Contract” shall, when used in these Conditions, mean any Contract formed under Condition 1.1 or 1.2 above, as applicable.
1.4 In the case of a conflict between any of these documents, priority shall be given in the order in which they appear in Condition 1.1 or 1.2, above.
1.5 Except as expressly provided for in these Conditions none of our employees or agents have authority to agree any change to a Contract or, make representations other than those contained within policies or materials authorised by us.
2.1In these Conditions
2.1.1 “Advertisement” means the advertisements and/or Bound Inserts referred to on the Advertisement Order.
2.1.2 “Advertisement Order” means a document, webpage or electronic communication which you complete and submit to us.
2.1.3 “Amendment” means a change to the Content of an Advertisement.
2.1.4 “Artwork” means material suitable for our production purposes and containing the Content of an Advertisement.
2.1.5 “Bound Insert” means a bound insert type Advertisement.
2.1.6 “Confirmation of Order” means a document or electronic communication that, except in the case of any Contract formed under Condition 16.1 (Renewal or Extension of Contract), we issue to you to confirm acceptance or cancellation of your Advertisement Order or Order change
2.1.9 “Contract” has the meaning set out in Condition 1.3. Each Advertisement and the production of each piece of Artwork shall be treated as a separate Contract.
2.1.10 “Directory” means any printed directory published by us into which you wish Advertisements to be inserted.
2.1.11 “Rate Sheet” means a price list issued by us from time to time giving the prices of Advertisements and other details relating to the publication of directory. You may obtain a copy of the Rate Sheet from your sales representative.
2.1.13 “Final Amendment Date” means the latest date by which you may request an Amendment, which date is shown in the Confirmation of Order sent to you, or otherwise notified to you from time to time. We may change the Final Amendment Date on reasonable grounds.
2.1.14 "Order Changes” means a change either to the Advertisement size, Artwork, Classification or the Directory edition in which an Advertisement is to appear. An Order Change may result in a change to the price of the Advertisement.
3.1 Unless otherwise agreed or provided for by law, your Contract shall not come into existence until:
3.1.1 In the case of Advertisements (and subject to Condition 3.1.3) we have sent you a Confirmation of Order that accepts your Advertisement Order;
3.1.2 In the case of Artwork, we have sent you a proof of the said Artwork; or
3.1.3 in the case of any Contract formed under Condition 16.1 (Renewal or Extension of Contract), the passing of the final date on which you may write to us in accordance with Condition 16.1.3.
4.1 Amendment / Order Change by You:
4.1.1 Except in the case of Promotional Advertisements, you may request an Amendment or an Order Change at any time before the Final Amendment Date.
4.2 Cancellation by You
4.2.1 Except where you have a statutory right or as provided in Condition 4.2.2, you shall not have the right to cancel a Contract for Artwork.
4.2.2 If we change these Conditions, improve a Service or change our Contract with you, as provided for in Condition 4.3 you may apply within fourteen (14) days of receipt of the notice referred to in Condition 4.3 to cancel your Advertisements or a Contract for Artwork without charge.
4.3 Amendment by us
4.3.1 We may change these Conditions from time to time. A change will be effective immediately upon publication of the modified Conditions on Tamil Directory website and we will inform you by email.
4.4 Cancellation by us
4.4.1 We may (without affecting any other right or remedy we may have) remove any Advertisement or refrain from proceeding with any other Advertisement you have ordered and/or refuse any further Advertisement ordered without penalty and with immediate effect if:
4.4.2 We may cancel any Contract (in whole or in part) without penalty by giving you not less than seven (7) days notice in writing, to expire at any time before the proposed publication date of the Directory concerned.
5.1 The charge for each Advertisement or for Artwork (or the total charge for a number of Advertisements and Artwork) shall be that set out on the respective Advertisement Order or failing which that which may be calculated from the Rate Sheet applicable.
5.2 Unless you tell us otherwise, we will make your invoice and we will send you an email to let you know when it is available.
6.1 We will, subject to these Conditions:
6.1.1 Subject to Condition 6.1.2, publish the applicable Advertisements within the appropriate Classifications in the appropriate Directories;
6.1.2 Publish the applicable Bound Inserts in the appropriate Directory;
6.1.3 Produce or arrange the production of Artwork if ordered by you pursuant to the contract; and
6.1.4 Distribute the Directory.
6.2 In respect of a contract for the design and/or production of Artwork:
6.2.1 We grant you a non-exclusive, non-transferable licence to use Artwork in the Advertisements for publication in Directory published by us. You must not use the Artwork for any other purpose.
6.2.2 We do not give any warranty, condition or undertaking whatsoever as to the duration of the lifetime of any Directory.
7.1 Materials to be provided
7.1.1 Except for Artwork ordered pursuant to a Contract, you shall supply to us, whenever appropriate, such materials or inserts as may be required by us to publish the Advertisement. Such materials must be of a quality suitable for our use and must be delivered to a designated location in sufficient time to suit our production requirements for each Directory concerned. We do not undertake to return any materials supplied by you or any media on which they were originally supplied to us.
7.1.2 We shall not be obliged to publish any Advertisement for which you have failed to provide the materials or inserts at the correct time or have provided materials or inserts of an unsuitable quality.
Insert or bookmark product.
7.2.1 You shall comply in all respects with the provisions of all statutes and statutory instruments applicable to any Advertisement intended for publication in a Directory, including (without limitation) the Trade Description Act 1968, the consumer credit Act 1974, Local Government (Miscellaneous Provisions) Act 1976, the Surrogacy Arrangements Act 1985,Financial Services and Markets Act 2000 (FSMA), FSMA Financial Promotion) Order 2005 and the Financial Conduct Authority Consumer Credit Sourcebook .
7.2.2 You shall comply in all respects with:
a. The British Code of Advertising, Sales Promotion and Direct Marketing;
b. Any and all guidance, codes or other regulations made available by any competent authority having jurisdiction over or responsibility for the regulation of advertising, including, without limitation, Ofcom, the Independent Committee for the Supervision of Telephone Information Services, or the Advertising Standards Authority; and
c. Our advertisement policies,
8.1 We do not exclude or limit our liability for death or personal injury resulting from our own negligence, or for fraudulent misrepresentation.
8.2 Save as provided in Condition 8.1, we shall not be liable, to the maximum extent permitted by applicable law, for any of the following losses or damage (whether arising in contract, tort (including negligence), strict liability or otherwise and whether such losses or damage were foreseen, foreseeable, known or otherwise):
8.2.1 Loss of revenue;
8.2.2 Loss of actual or anticipated profits (including for loss of profits on contracts);
8.2.3 Loss of anticipated savings;
8.2.4 Loss of business;
8.2.5 Loss of opportunity;
8.2.6 Loss of goodwill;
8.2.7 Loss of reputation;
8.2.8 Loss of, damage to, or corruption of data or software;
8.2.9 Wasted expenditure; or
8.2.10 any indirect or consequential loss or damage (including, for the avoidance of doubt, where such loss or damage is of the type specified in Conditions 8.2.1 to 8.2.9).
We may provide you with a proof of all Advertisements prior to publication. However, we do not guarantee that such proofs will be provided.
Except where stated elsewhere in these Conditions, all intellectual Property rights (including copyright) created by us in connection with a Contract (including any and all rights in Artwork) shall unconditionally vest in us and remain our property.
11.1 Subject to these Conditions:
11.1.1 Directory will be distributed free of charge on such basis and to such persons as we in our absolute discretion shall decide. In all cases distribution is made within the area covered by a particular Directory edition.
11.1.2 Maximum two copies of each Directory edition will be made available at free of charge.
You agree to indemnify and hold the Tamil business directory, and its subsidiaries, affiliates, officers, agents, co-branches or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to oy arising out of sites you submit or make available through the service, your use of the service, your violation of the terms and conditions, or your violation of any rights of another.
You expressly understand and agree that:
13.1 Your use of the service is at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement.
13.2 We make no warranty that (I) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure, or error-free. (iii) The results that may be obtained from the use of the service will be accurate or reliable, and (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
13.3 No information, whether oral or written, obtained by you from the Tamil Directory or through the service shall create any warranty not expressly stated in the terms and conditions.
14 Trademark Information & Intellectual Property Rights
The Tamil Directory trademarks and service marks, and other Tamil Directory logos and product and service names are trademarks of The Tamil Directory. Without our prior permission, you agree not to display or use in any manner, the Tamil Directory Marks.
15.1 By entering into any Contract with us for the Services set out in an Advertisement Order you agree to enter into a contract for advertising of an entry in THE NEXT AND FOLLOWING issue or version of the relevant Directory unless you opt out, provided:
15.1.1 the form, content and distribution of the later relevant Directory is either materially the same as, or an improvement upon, the form content and distribution of the immediately preceding Directory;
15.1.2. The form and content of the entry is materially the same as the form and content of the entry in the immediately preceding Directory; and
15.1.3. a notice in writing together with the details of your order have been sent to you by us before the Final Amendment Date of that RESPECTIVE later issue or version of the relevant Directory and you have not written to us withdrawing your agreement to the renewal or extension of the earlier Contract within fourteen (14) days of receipt of that notice.
We shall not be liable in respect of any breach of any Contract due to any cause beyond our reasonable control.
The Contract shall be governed by the laws of England and the Courts of England and Wales shall have exclusive jurisdiction to hear disputes arising out of the Contract.