TERMS AND CONDITIONS FOR ADVERTISING:

1. DEFINITIONS

Advertisement: The advertisement comprising the Copy for publication in the Magazine as identified on the Confirmation.

Advertiser: The Company, firm or individual who books advertising space in the Magazine.

Conditions: These terms and conditions as varied from time to time by the Publisher.

Confirmation: The written customer order confirmation form sent by the Publisher To the Advertiser.

Contract: The contract between the Publisher and the Advertiser as defined in paragraph 2.2

Copy: Any advertising copy supplied by the Advertiser to the Publisher whether in the form of artwork, photographs, graphics, film or illustrative material, articles, features or words to be typeset and laid out by the Publisher.

Magazine: The magazine published by the Publisher and referred to in the Confirmation On Sale Date: The date the Magazine goes on sale, as indicated on the Confirmation.

Principal: The Advertiser except when the Advertiser is acting as agent for another company, firm or individual, in which case that other company firm or individual shall be the Principal.

2. CONTRACT

2.1 The Contract (as defined in paragraph 2.2) is made between (1) the Publisher and (2) the Advertiser and the Principal. If the Advertiser is not the Principal, the Advertiser shall be jointly and severally responsible with the Principal for the liabilities and obligations of the Principal and references hereafter to the Advertiser shall include the Principal.

2.2 No variation of these Conditions or the Contract shall be binding unless reduced to writing and signed by an authorized representative on behalf of the Publisher.

2.3 The Publisher reserves the right to cancel the Contract and omit any Advertisements due to be published in the Magazine if: (a) the Copy is not reasonably acceptable to the Publisher; or (b) the Copy is or may be, in the reasonable opinion of the Publisher, obscene, blasphemous, libelous, defamatory, indecent, inaccurate, misleading, inappropriate for the Magazine, or in contravention of any applicable laws, rules, regulations, guidance or codes of practice; or (c) the Copy infringes the intellectual property or proprietary rights of any person, or.

3. PUBLICATION

3.1 Publication of any Advertisement is subject to the Copy being acceptable to the Publisher and sufficient space being available in the Magazine. The Publisher gives no warranty or guarantee that sufficient space will be available. Subject to paragraphs 4.1 and 6 the Advertiser shall not be liable for the Price (as defined in paragraph 7.1) where the Advertisement is not published in the Magazine for any of the reasons specified in this paragraph 3.1.

3.2 The Publisher shall use reasonable endeavors to publish the Advertisement in the Magazine in accordance with the Confirmation. Notwithstanding the generality of the foregoing, the Publisher reserves the right for any reason to:

3.2.1 Move any Advertisement within the Magazine to a place which, in the reasonable opinion of the Publisher, is comparable to the original place agreed with the Advertiser; or

3.2.2 omit any Advertisement from a particular issue of the Magazine, provided that the Publisher notifies the Advertiser of the Copy Deadline for insertion of the Advertisement in the next available issue of the Magazine and the Advertiser has not notified the Publisher in writing by the Copy Deadline that it does not wish the Advertisement to be published in the next available issue of the Magazine.

3.3 The Publisher shall be under no liability whatsoever to the Advertiser or any other person if it is unable to comply with the terms of the Contract for any reason beyond it’s reasonable control including without prejudice to the generality of the foregoing any Act of God, war, terrorism, fire, flood, failure of power supply, shortage or supplies, strike or any action taken by employees, agents, sub-contractors or otherwise.

4. COPY SUPPLY

4.1 It is the responsibility of the Advertiser to supply the Publisher with Copy before the Copy Deadline and the Advertiser acknowledges that time is of the essence. If the Advertisement is omitted from the Magazine due to failure by the Advertiser to deliver suitable Copy before the Copy Deadline.

4.2 If the Advertiser fails to deliver suitable Copy by the Copy Deadline, the Publisher, in its sole discretion, reserves the right not to publish the Advertisement in the magazine or to use copy from any other source.

5. WARRANTIES AND INDEMNITY

5.1 The Advertiser warrants to the Publisher that:

(a) It has the power, authority and capacity to enter into the Contract with the Publisher;

(b) The Copy will not be obscene, blasphemous, libelous, defamatory, offensive, indecent, inaccurate or misleading as to price or in any other way and will not contravene any applicable laws, rules, regulations or advertising codes;

(c) The Advertiser is the legal and beneficial owner of all intellectual property and proprietary rights in the Copy or it has the right to use and exploit the same; and

(d) The use, including (without limitation) the reproduction, publication and distribution of the Copy in accordance with the Contract does not and will not infringe the intellectual property or proprietary rights of a third party.

5.2 The Advertiser shall indemnify the Publisher in full and on demand from and against any loss (including, without limitation, economic loss, loss of profit, loss of goodwill, loss of contracts, loss of business, loss of reputation or like loss), damage, costs (including legal costs incurred in enforcing this indemnity) or expenses suffered or incurred by the Publisher or any of its Group Companies or their respective employees, agents or subcontractors directly or indirectly as a result of: (a) any act or omission (including negligence) of the Advertiser or any of its employees, agents or subcontractors, (b) any breach of these Conditions (including, without limitation, the warranties in paragraph 5.1 (above)) by the Advertiser or any of its employees, agents or subcontractors, or (c) the reproduction, publication and distribution of the Advertisement in the Magazine.

6. CANCELLATIONS

6.1 If any advertisement is booked from advertiser with a token amount. That token amount will not be refunded by Publisher.

6.2 Any Advertiser who cancels part of a series booking will be charged at the rate set out on the Publisher’s rate card from time to time for each Advertisement published in the Magazine.

7. PAYMENT AND CREDIT

7.1 The price for publishing the Advertisement in the Magazine shall be the price specified in the Confirmation (the “Price”).

7.2 Unless credit facilities are agreed by the Publisher in writing, the Price is due in full when the Contract is made in accordance with paragraph 2.2 and in any event before the Copy Deadline. The Publisher reserves the right not to publish the Advertisement in the Magazine where the Advertiser fails to pay the Price in accordance with this paragraph 7.2.

8. ERRORS

8.1 Although every effort is made to avoid errors, should they occur the Advertiser? Acknowledges and accepts that Publisher will not be liable to the Advertiser for breach of Contract or in any other manner whatsoever in any of the following circumstances:

8.1.1 Where the error is due to inaccurate, incomplete or imprecise instructions from the Advertiser; or

8.1.2 Where the Copy has been given only verbally to the Publisher; or

8.1.3 Where the Copy is not supplied until after the Copy Deadline and/or the Publisher has Exercised its right under 4.2 above; or

8.1.4 Where the error is a typesetting error which has occurred during the free typesetting service Offered to the Advertiser; or

8.1.5 Where the Publisher has not received a written complaint from the Advertiser within 7 days of the On Sale Date if the Magazine is published monthly.

8.2 If any of the circumstances in paragraph 8.1 arise, the Advertiser remains liable in full for the Price. In addition, should an error occur in an Advertisement which is to be repeated, it is the Responsibility of the Advertiser to inform the Publisher in writing of the error within 7 days of the On Sale Date if the Magazine is published monthly. If this is not done, and the incorrect Advertisement is repeated, the Advertiser remains liable in full for the Price of the repeat Advertisement(s).

8.3 Subject to paragraph 8.1, the Publisher shall only be liable to pay the Advertiser compensation for any error on the part of the Publisher if the Advertiser notifies the Publisher of that error within 7 days of the On Sale Date if the Magazine is published monthly.

8.4 The Publisher’s maximum liability to the Advertiser pursuant to the Contract (including these Conditions), whether in contract, tort (including negligence), breach of statutory duty or otherwise shall, to the maximum extent permitted by law, be limited to the Price payable by the Advertiser to the Publisher. The Publisher shall not be liable to the Advertiser for any special, indirect or consequential loss including, without limitation, economic loss or any loss of profit, loss of revenue, loss of contracts, loss of business, and loss of goodwill, loss of reputation or like loss.

9. CONFLICT AND JURISDICTION

9.1 The Contract shall be governed by these Conditions, which represent the entire agreement between the parties in relation to the subject matter and supersede all prior agreements and understandings between the parties. In the event of any conflict between these Conditions and those incorporated in any form of offer or other correspondence or documentation submitted by the Advertiser, these Conditions shall take precedence.

9.2 The Contract shall be governed by the laws of India and each party submits to the exclusive jurisdiction of the Ahmedabad Courts save that the Publisher reserves the right to take action against the Advertiser in any other jurisdiction.