1. "Company" means "India Business Mart Info Vision Private Limited" and includes webibm where the context so requires.
2. "Advertiser" means the person, company or other entity that wishes to advertise and avail of the services provided by the Company and whose name is set forth adjacent to the term "Advertiser" appearing overleaf.
3. The rates mentioned herein are applicable for this transaction alone. The Company will have the right to change the advertising rates at any given point of time.
4. All advertising material (collectively "Advertisement") supplied by advertiser to the Company should either be owned by or be legally authorized for use by the Advertiser. The Advertisement must not be obscene, offensive or unlawful in any manner and should not contravene any applicable laws, rules and/or regulations.
5. The Company will have the sole discretion, at all times, to reject the Advertisement and further does not guarantee any particular position or place in the directory/website for the display of the Advertisement.
6. The Company will take every reasonable precaution to publish the information, as supplied by the Advertiser, in the directory. However, the Company will not be responsible in case of any errors or omissions.
7. The Company reserves the right to make any modifications, if considered necessary or desirable in an Advertisement.
8. Unless the Company and the Advertiser otherwise agree in writing, the Advertisement (excluding the trademarks and/or trade name of the Advertiser) used in preparation of the artworks will be the exclusive property of the Company. The Advertiser hereby warrants that the artwork design by the Company in any of its publications will not be reproduced or assigned for reproducing as a whole or in part, without the prior written consent of the Company.
9. Advertising agency involved in placing the Advertisement for and on behalf of any person, company or entity ("Ultimate Customer") assures that it has the authority to modify and/or amend an Advertisement of an Ultimate Customer, in accordance with Advertiser's instructions without committing any offence or tort. The Advertiser hereby warrants and agrees that it shall indemnify and hold the Company harmless to the extent of any costs, damages or other charges falling upon the Company as a result of any claim and/or dispute raised by the Ultimate
Customer against the Company arising from or relating to publication of the Advertisement.
10. The Advertiser hereby represents and warrants that:
1. he is the owner of products and/or services that he wants advertised; and/or
2. is duly authorized by the owner to use the Advertisement related copy cuts and illustration(s) and any trademarks & trade name which may be specified for use in the Advertisement.
11. The Advertiser hereby agrees to notify the Company in writing of any change in ownership or authorization as aforesaid, which occurs after the execution of this invoice.
12. The Advertiser hereby agrees to defend at its own, indemnify and keep the Company harmless from any infringement claims, losses and judgements which arise from or which are claimed to have arisen from the use of such copy cuts, illustrations, marks and names and Directories, the Advertisement and/or any Advertisement related material including but not limiting to any third party infringement claims together with expenses, attorney fees and court costs incurred by the Company.
13. The Advertiser assumes sole responsibility and liability for protection of its Intellectual Property right(s) in any writing, pictorial illustration design format, photograph or combination thereof included in the Advertisement.
14. under no circumstances shall the Company or its associates be liable for any direct, indirect, incidental, special, consequential or exemplary damages, (even if the Company has been advised of the possibility of such damages) resulting from or in connection with the use of by the Advertiser of any of India Business Mart Info Vision Private Limited's services, including but not limiting to, damage(s) for loss of profits, goodwill, use, data or other intangible losses. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Company, regardless of any negligence arising out of any of its services.
15. without prejudice to the aforesaid, the Company's liability under any circumstances is limited to the amount of fees, if any, paid by the Advertiser to the Company.
16. In the event of any dispute between the Advertiser and the Company under, in connection with or in relation to this invoice, the same will be adjudicated by the courts of competent jurisdiction at Delhi only, and in exclusion of all other courts that may have jurisdiction in the matter.
17. This invoice shall be governed and construed in accordance with the laws of India without reference to its conflict of laws principles.
18. In addition to the terms and conditions set forth in the invoice, and unless repugnant to the meaning or context thereof, the Advertiser hereby agrees and acknowledges that the User Agreement/Terms and Conditions, as reproduced on the webibm’s website 'webibm.com' ("T & Cs") are applicable to this invoice and are deemed to be incorporated herein by reference. In the event of any conflict or inconsistency between this invoice and the "T & Cs", the latter shall prevail.
19. All correspondence to the Advertiser shall be sent to the address set forth overleaf and all correspondences to the Company should be addressed to our Registered Office.
20. In case, due to whatever reason(s) if any advertiser ask for cancellation of advertisement(s), then the advertiser can submit the request for a refund in writing. However, the company reserves its decision to accept or decline the request for refund.