“Clients”: refers to companies or individuals making entries, sending news or events or taking advertising space in the Online Directory.
“Online Directory”: the website and its contents: http://www.worldteadirectory.com
“Listings & Entries”: the paid or free entry relating to Tea Businesses in the Online Directory.
“Advertisements”: the listing, banner advertisement, the Customer Branding which the client wishes to appear in the Online Directory.
“Customer branding”: the branding of the client that may appear in the Advertisement or Listing.
“Agreement”: the agreement between the World Tea Directory and the customer on these terms and conditions and any special conditions.
“Copy”: style and layout of firms’ entry details in the Online Directory.
“Duration”: period for which the entry will appear in the Online Directory.
“Charge”: cost payable by Firms for their entry in the Online Directory.
“Unacceptable”: in respect of any entry or advertisement, meaning that it is inaccurate, contravenes any law or code of practice or conduct, is considered by World Tea Directory to be spam, has a listing title other than the proper display name of the client, infringes on intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Online Directory.
By completing an entry and or booking form into the Online Directory, the customer accepts these terms and authorizes World Tea Directory to publish clients’ entries in the Online Directory.
3. Obligations of Clients
3.1 To pay price within terms specified.
3.2 To indemnify World Tea Directory against all losses, costs, claims, damages or other expenses that World Tea Directory incurs as a result of breach by the client of any of these terms, or as a result of any third party claims which World Tea Directory receives as a result of the entries or advertisements.
3.3 To acknowledge that World Tea Directory retains full editorial control over all advertisements and entries and that World Tea Directory will own all copyright in the advertisements and entries, save that World Tea Directory shall not own any customer branding.
3.4 To provide all materials for the advertisements and entries (including, without limitation, GIF, EPS and JPEG files) in accordance with the procedures required by World Tea Directory from time to time.
4. Obligations of World Tea Directory
4.1 To use reasonable endeavours to ensure that advertisements and entries feature in the Online Directory for the specified duration.
4.2 To use reasonable endeavours to ensure that the Online Directory is accessible to users of the World Wide Web 24 hours a day, though World Tea Directory will not be liable if for any reason the site is unavailable at any time or for any period.
4.3 World Tea Directory does not guarantee any levels of response to advertisements and entries.
5. Rights of World Tea Directory
5.1 The client warrants that the advertisement is not unacceptable. If World Tea Directory at any time considers that any advertisements or entries is unacceptable, World Tea Directory may remove the advertisement and entry from the Online Directory. In this case World Tea Directory will not refund any part of the charge to the clients.
5.2 The Customer warrants that the customer branding will not infringe the intellectual property rights of any third party.
5.3 World Tea Directory reserves the right to change the format, style and layout of the Online Directory as and when it sees fit.
5.4 World Tea Directory reserves the right to terminate this contract with immediate effect by giving written notice of this to the clients.
5.5 World Tea Directory reserve the right to remove entries from the online directory, if payment is not received within the specified terms.
6.1 Once an entry is confirmed by a firm any cancellations must be received with 7 days. Cancellations received after this period will be liable to the full entry fee.
6.2 No refund or credit will be given for cancellations received after an advertisement or entry has appeared. The clients will remain liable for the charge in such circumstances.
7.1 World Tea Directory shall not be liable to the clients for any indirect or consequential losses or damage suffered by the clients including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether World Tea Directory knew or should have known of the possibility of that loss.
7.2 World Tea Directory shall not be liable for any losses, damages, expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the clients as a result of the Online Directory not being accessible to users of the world wide web for any period of time.
7.3 Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees. In all other events the limit of World Tea Directory liability for any losses, expenses or damages incurred by the Customer or Firms in relation to this agreement (whether on tort, contract or otherwise) shall be equal to the price paid by the clients per year to World Tea Directory under this agreement.
7.4 World Tea Directory shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond its reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.
7.5 World Tea Directory will use reasonable efforts to comply with the clients’ requested start and end dates for display of the advertisement but cannot warrant that these dates will be met.
8. Other Conditions
8.1 Any re-submission of the advertisement by the client will be deemed to be a new advertisement for which the client must repay the charge.
8.2 Even if the client is acting as an agency or other representative, it enters into this agreement in its own right as principal and not agent.
8.3 The client shall not assign, transfer or resell its right under this agreement.
8.4 Unless otherwise stated, the positioning of advertisements is to be determined by World Tea Directory.
8.5 Content of entries is the responsibility of clients.
8.6 All entries submitted by clients should be made via the website. Entries submitted via hard copy may be subject to an administrative charge.
8.7 World Tea Directory will endeavour to process within the week, although it will not be liable for any delay in processing entries.
8.8 All advertisements and entries will run for a period of 1 year from the date of payment unless otherwise agreed.
9 Governing law
This Agreement shall be governed by and construed in accordance with Thailand law and the parties submit to the non-exclusive jurisdiction of the Thai courts.