Advertiser’s Terms and Conditions and Disclaimer for
www.africagapyear.com
1.0 Interpretation
In this Agreement:
“Company” means Africa Gap Year Limited
“Website” means www.africagapyear.com;
“Advertiser” means a company, organisation or individual subscribing for advertisement in the Website;
“Service” means advertisement service provided by the Website to the Advertiser at a fee payable to the Company;
“Unsuitable material” means material that may be deemed illegal, pornographic, gratuitous, graphic violence, racist, religious, offensive or infringes on or violates another party’s rights. In addition it also means material used for the purposes of disseminating prohibited publications or in furtherance of the objectives of any unlawful organization, criminal practices and anything that might be contrary to law
“Charges” means the charges for the provision of the Service;
Except where the context requires otherwise the singular includes the plural and vice versa; a reference to one gender includes all genders; words denoting persons include firms and corporations and vice versa.
2.0 Charges and Terms of Payment.
The Charges for the Service are based per country and valid for a year from the date of payment. The Charges are:- Banners $300 p/a, top 3 position $240 p/a and from the 4th position down the page at random $120 p/a.
Payment for the Service must be in British Pounds or American Dollars or Kenya Shillings by telegraphic transfer, bank transfer, or a cheque.
Advertisements placed will be activated within 48 hours of payments being successfully processed.
3.0 Editorial Control
The Company shall be the exclusive owner of the Website and no claim can be made by the Advertiser with respect to any web page therein.
The Company shall have the right to make any alterations they consider necessary or desirable in the Advertiser’s Data, or to require the Advertiser’s
Data to be amended to meet the Company’s approval.
If the Advertiser requires the Advertiser’s Data to be altered before provision of the Service then a period of seven days will be allowed before the requested changes are effected.
The Company shall have the right to change its scale of advertisement rates at any time.
The Company shall be the exclusive owner of the Website and no claim can be made by any Advertiser with respect to any web page therein.
The Company reserves the right to determine the final design, layout and functionality of the Website.
The Company reserves the right to edit copy or amend the layouts or photographs supplied, should it be considered necessary.
The Company reserves the right, in its sole and absolute discretion to determine the categorisation and positioning of each advertisement within the Website’s directory.
The Company cannot be held responsible for any loss or damage resulting from any changes made to the photographs and copy submitted by the Advertiser.
4.0 Minimum Criteria
The Company in its sole discretion, before considering any other criteria in determining whether to accept or decline a site for inclusion in the africagapyear.com directory, stipulates that the site submitted by the advertiser must meet the following minimum criteria:
• the site must be in the English language (or have an English version available);
• the site must be up and running 24 hours a day, 7 days a week;
• the site must not contain any parts under construction;
• all links on the site must work, link to relevant content and the pages must load quickly;
• the site must not be a mirror site or redirect to another Web site;
• the site must not, as determined by the Company’s editorial team, contain or link to any content, products and services or other information that may be deemed to be Unsuitable material.
5.0 Accuracy
The Company cannot accept any legal responsibility for the accuracy of the advertisements, or any alleged breaches of contract on an Advertiser's part and the Advertiser indemnifies the Company against all claims, costs, expenses and losses arising out of a claim relating to the content of an advertisement.
6.0 Errors and Omissions
The Company will make every effort to safeguard all materials supplied, and return them if required, but cannot be held responsible for any loss or damage, however caused, and for any loss or damage sustained.
Every effort will be made to reproduce faithfully all advertisements submitted, but the Company cannot be held responsible for any loss or damage or otherwise resulting from errors or omission.
It is the responsibility of the Advertiser to check the correctness of the advertisement (and of each insertion of the advertisement if more than one). The Company assumes no responsibility for the repetition of an error in an advertisement ordered for more than one insertion unless notified immediately the error occurs.
7.0 Liability
The Company does not warrant that the operation of the Website will be uninterrupted or error-free.
In no event shall the Company be liable to the Advertiser for any special, consequential, incidental or indirect damages, including lost profits.
8.0 Indemnification
Without prejudice to any rights of indemnity referred to elsewhere in this Agreement, the Advertiser agrees to indemnify the Company against any claims made directly against the Company arising from:
The Advertiser’s improper or unauthorised use of the Service;
the usage by the Advertiser of the Service in such improper or unauthorised manner as to breach the laws or regulations of any countries to whose jurisdiction the Company is subject; or
all costs, claims and demands in respect of any infringement of Copyright, trade mark, patent or other intellectual property rights whatsoever arising out of or in connection with the Service.
all costs, expenses and losses arising out of a claim relating to the content of an advertisement.
any and all losses and liabilities arising directly or indirectly from the use of the Service by the Advertiser to disseminate or advertise Unsuitable Material.
9.0 Indemnification
The Company shall, with the Advertiser’s authorisation, be entitled to reproduce part or whole of any photographic material supplied by the Advertiser.
The Company claims copyright to the electronic images of the photographic material supplied by Advertisers.
It is the Advertiser's responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The Advertiser warrants that he is the owner of the copyright in such material or is authorised by the owner thereof to grant it to the Company the rights therein contained.
The Company cannot be held responsible for any infringement of copyright laws resulting from material supplied by the Advertisers and the Advertiser indemnifies the Company against any action brought for breach of copyright or other rights from the use of such material supplied by the Advertiser.
10.0 Hypertext Links
The Company reserves the right to refuse hypertext links to, or addresses of, other web sites from the Advertisers' pages, and to remove links or web addresses without notice at its sole discretion.
11.0 Advertising more than one programme on a single advertisement
Each advertisement on the Website displays an individual holiday programme or visitor attraction venue in a single geographical location. only one programme or venue can appear on each advertisement, unless it is an advertisement for multiple programmes on the same site.
The Company reserves the right to remove the advertisement or amend the copy, when more than one programme or venue is described in the advertisement.
12.0 Termination of Advertising
If The Advertiser wishes to have the advertisement removed from the Web site before the end of their subscription period, this will be done, but no refunds will be paid.
The Company reserves the right to refuse any advertisement for the Website and will not be liable for any loss or expense in so doing.
If an Advertiser attempts to enter unsuitable material into the Website’s online database, or persistently misuses the online systems, the Company reserves the right to remove the advertisement from the Website. No refunds will be paid.
13.0 Force Majeure
Neither party shall be liable to the other or be in breach of this Agreement if there is any total or partial failure of performance by the party of his duties and obligations under this Agreement occasioned by an Act of God, fire, act of government of state, war, civil commotion, insurrection, embargo, electricity failure, lack of necessary hardware or software not being the party’s fault, an order issued by the relevant authorities with the result that the Company’s ability to operate is materially affected, labour disputes of whatever nature and any other reason beyond the control of either party.
If either party is unable to perform his obligations under this Agreement as a direct result of the effect of one of the preceding reasons that party shall give written notice to the other of the inability which sets out full details of the reason in question. The operation of this Agreement shall be suspended during the period (and only during the period) in which the reason continues. Forthwith upon the reason ceasing to exist, the party relying on it shall give written advice to the other of this fact. If the reason continues for a period of more than 90 days and substantially affects the commercial intention of this Agreement, the party not claiming relief under this clause shall have the right to terminate this Agreement upon giving 30 days’ written notice of such termination to the other party.
14.0 Legal Jurisdiction
These terms and conditions are governed by English law and advertisers accept the exclusive jurisdiction of the English courts to rule on any disputes.
15.0 Advertiser’s Privacy
The Company maintains information about the Advertiser on the the Company’s servers, including but not limited to the Advertiser’s registration information. The Advertiser agrees and acknowledges that the Company. may use such information in aggregate form for research and development, marketing, or other promotional purposes. The Advertiser agrees that the Company has the right (but not the obligation) to disclose any such information, to the extent necessary, if the Company reasonably believes that such disclosure is required to comply with any law or to take action to enforce this Agreement.
The Company may contact the Advertiser regarding the the Company’s Network services using the Advertiser’s email address provided during the registration process (or as updated by the Advertiser). Such email messages may contain opportunities regarding special offers and new products or services from the Company.
The Company considers Internet user privacy and data protection to be of paramount importance. The Company complies with the Data Protection Act 1998 in relation to all processing of personal data supplied to us by our users and other personal data in our possession for any reason. The Company is registered with and has notified the Data Protection Commissioner of our practice affecting personal data.
16.0 Entire Agreement
This Agreement sets out the full terms and conditions agreed between the parties in relation to the material contained herein and supersedes any prior understandings or agreements, whether written, oral or electronic, with respect thereto.
the Advertiser represents and warrants, in the case of individuals, that he is 18 years of age or older; agree to provide true, accurate, complete and current information(including an accurate and valid email address) and agree to be bound by this Agreement, in the case of a company, the Advertiser warrants that it is authorised to legally bind the company to this Agreement and reference to the Advertiser company shall include its successors and assigns.
17.0 Waiver
Unless otherwise agreed in writing, no failure by either party to exercise any right or remedy available to it hereunder nor any delay so to exercise any such right to remedy shall operate as a waiver of it nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
18.0 Variation
This Agreement shall be capable of being varied only by a written instrument signed by a duly authorised officer or other representative of each of the parties.
19.0 Invalidity
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or illegal under applicable law, then such term or provision shall to that extent be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms provided however that in such event this Agreement shall be interpreted so as to give effect to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction
Email:info@africagapyear.com
© Copyright 2006
All Rights Reserved Africa Gap Year Limited
