Terms and Conditions
- Livepedia Communications LLP, is the publisher of LivePedia – The Life Magazine. Our terms and conditions are set for advertising products and services we supply to advertisers in our magazine and on our websites, in order to set some basic standards.
- Every advertiser and advertising agency who submits an order for advertising on a website or in an email operated by us agree to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you
- We will, subject to availability, technical limitations, and these Terms and Conditions, use our reasonable endeavors to publish your advertisement in the format submitted by you and in accordance with your other instructions.
- The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writingWe may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in social media platforms.
- If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavor to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.
- The rate for your advertisement will be as agreed by us and specified in the media kit published on the website. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be billed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published. You must pay us for the advertising services in accordance with the terms of your order, you must pay us 50% of the billed amount at the time of the contract signed and post 50% after 15 days of the date of the invoice issued.
- All rates and charges quoted are unless expressly stated otherwise, exclusive of Service Tax. Standard creative must be received at least 3 working days prior to the campaign starting date and rich media creative must be received at least 5 working days prior to the campaign starting date. If creative is received by us after the relevant date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage re-directs with third party ad servers and provide such third party with the creative and lead time requirements.
- If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.
- You must promptly check any proofs of advertising if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
- Cancellation of any advertisement or campaign must be received in writing from you no less than 3 days before the commencement date in your order in order to receive a 100% refund. Any cancellations of any nature received after the Cancellation Deadline as published in the Advertising Agreement in Online are at the sole discretion of Livepedia Communications. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns canceled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.
- If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.
- By submitting advertising material to us or authorizing or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorized or approved by you does not breach or infringe the Trade Practices Act, the Fair Trading Acts of relevant States of India or equivalent or another sale of goods legislation; any copyright, trademark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act.
- We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
- We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
- We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty which cannot be excluded we limit our liability for breach of any non-excluded condition; and any other error or omission in publishing caused by us; to re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort or under the statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
- We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
- These Terms and Conditions, together with your Advertising Agreement Online, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorized officers. No purchase order or document issued by you will vary these Terms and Conditions.
- We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, the breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
(ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LIVEPEDIA COMMUNICATIONS LLP)