As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. By signing up to TAG you hereby agree to follow our terms and conditions.
We urge you to think before you upload, submit or embed content. This agreement permits you to upload to, submit to or embed on TRUSTED ASIAN GUIDE LTD only photos or other content that you own the copyright to or otherwise have the right to publish. By uploading, submitting or embedding photos or other content that you do not own the copyright to or do not otherwise have the right to publish, you may subject yourself to legal liability. It is your responsibility to ensure you have adequate rights to publish to TRUSTED ASIAN GUIDE LTD including all photos and other content you post.
- These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are TRUSTED ASIAN GUIDE LTD whose trading name is TAG and/or Trusted Asian Guide a company registered in England and Wales under number 10758676 whose registered office is at 59 Acfold Road, Birmingham, B20 1HG with email address firstname.lastname@example.org; (the Supplier or us or we).
- These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
- Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- Website means our website http://www.tagdirectory.co.uk on which the Services are advertised.
- The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
- The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- Fees and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
- TRUSTED ASIAN GUIDE LTD does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on TRUSTED ASIAN GUIDE LTD. You represent and warrant that you own the User Content posted by you on or through TRUSTED ASIAN GUIDE LTD or that you otherwise have sufficient right, title and interest in and to such User Content to grant TRUSTED ASIAN GUIDE LTD the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through TRUSTED ASIAN GUIDE LTD.
- After posting, uploading or embedding User Content to TRUSTED ASIAN GUIDE LTD, you continue to retain such rights in such User Content as you held prior to posting such User Content on the TRUSTED ASIAN GUIDE LTD and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through TRUSTED ASIAN GUIDE LTD, you hereby grant to TRUSTED ASIAN GUIDE LTD a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on TRUSTED ASIAN GUIDE LTD on in any TRUSTED ASIAN GUIDE LTD publication will include attribution to the photographer and/or copyright holder.
- Without this license, TRUSTED ASIAN GUIDE LTD would be unable to provide the TRUSTED ASIAN GUIDE LTD or its publications. For example, the license you grant to TRUSTED ASIAN GUIDE LTD is non-exclusive (meaning you are free to license your Content to anyone else in addition to TRUSTED ASIAN GUIDE LTD), fully-paid and royalty-free (meaning that TRUSTED ASIAN GUIDE LTD is not required to pay you for the use of the User Content that you post), sub licensable (so that TRUSTED ASIAN GUIDE LTD is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the TRUSTED ASIAN GUIDE LTD), and worldwide (because the Internet and the TRUSTED ASIAN GUIDE LTD are global in reach).
- This license will terminate at the time you remove your User Content from the TRUSTED ASIAN GUIDE LTD except as to any User Content that TRUSTED ASIAN GUIDE LTD has sublicensed prior to your removal of your User Content from the TRUSTED ASIAN GUIDE LTD, which license shall continue in perpetuity. To remove User Content, please send a request to email@example.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the TRUSTED ASIAN GUIDE LTD Website. We will remove the item(s) as quickly as possible.
- The TRUSTED ASIAN GUIDE LTD contain Content owned by TRUSTED ASIAN GUIDE LTD (“TRUSTED ASIAN GUIDE LTD Content”). TRUSTED ASIAN GUIDE LTD content is protected by copyright, trademark, patent, trade secret and other laws, and TRUSTED ASIAN GUIDE LTD owns and retains all rights in the TRUSTED ASIAN GUIDE LTD content. TRUSTED ASIAN GUIDE LTD hereby grants you a limited, revocable, non-sub licensable license to view the TRUSTED ASIAN GUIDE LTD Content (excluding any software code) solely for your personal use in connection with viewing the TRUSTED ASIAN GUIDE LTD Website and using the TRUSTED ASIAN GUIDE LTD. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any TRUSTED ASIAN GUIDE LTD Content appearing on or through TRUSTED ASIAN GUIDE LTD.
- The TRUSTED ASIAN GUIDE LTD contain Content of other Users and other TRUSTED ASIAN GUIDE LTD licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the TRUSTED ASIAN GUIDE LTD Website. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the TRUSTED ASIAN GUIDE LTD.
- TRUSTED ASIAN GUIDE LTD reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that TRUSTED ASIAN GUIDE LTD deems to be inappropriate:
- Content that criticizes a business or individual beyond that of merely offering an opinion;
- Content that harasses or advocates harassment of another person;
- Content that exploits people in a sexual or violent manner;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libelous, defamatory, or otherwise tortious language;
- Content that solicits personal information from anyone under 18;
- Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
- TRUSTED ASIAN GUIDE LTD right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and TRUSTED ASIAN GUIDE LTD expressly reserves the right to investigate and take appropriate legal action against anyone who, in TRUSTED ASIAN GUIDE LTD sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
- You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the TRUSTED ASIAN GUIDE LTD Services:
- Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or TRUSTED ASIAN GUIDE LTD Content appearing on or through the TRUSTED ASIAN GUIDE LTD Services;
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page, or any TRUSTED ASIAN GUIDE LTD page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on TRUSTED ASIAN GUIDE LTD or the networks or services connected to the TRUSTED ASIAN GUIDE LTD;
- attempting to impersonate another User, person, or representative of TRUSTED ASIAN GUIDE LTD;
- Using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- Selling or otherwise transferring your profile, without our permission;
- Using any information obtained from the TRUSTED ASIAN GUIDE LTD in order to harass, abuse, or harm another person;
- Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the TRUSTED ASIAN GUIDE LTD on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- Using the TRUSTED ASIAN GUIDE LTD in a manner inconsistent with any and all applicable laws and regulations.
- You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to TRUSTED ASIAN GUIDE LTD or others (including without limitation Third Party Content or TRUSTED ASIAN GUIDE LTD Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the TRUSTED ASIAN GUIDE LTD website in a way that constitutes copyright infringement, please provide us with relevant proof and we will be happy to take corrective action accordingly.
- You are solely responsible for your interactions with other TRUSTED ASIAN GUIDE LTD Users. TRUSTED ASIAN GUIDE LTD reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
Promotions and Giveaways.
- From time to time, TRUSTED ASIAN GUIDE LTD will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. TRUSTED ASIAN GUIDE LTD encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Disclaimer of Warranties.
- Without limiting the generality of the foregoing, TRUSTED ASIAN GUIDE LTD is not responsible for any incorrect or inaccurate Content posted on the TRUSTED ASIAN GUIDE LTD Website or in connection with the TRUSTED ASIAN GUIDE LTD Services. User Content created and posted on the TRUSTED ASIAN GUIDE LTD website may contain links to other websites. TRUSTED ASIAN GUIDE LTD is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by TRUSTED ASIAN GUIDE LTD. Inclusion of any linked website on the TRUSTED ASIAN GUIDE LTD does not imply approval or endorsement of the linked website by TRUSTED ASIAN GUIDE LTD. When you access these third-party sites, you do so at your own risk. TRUSTED ASIAN GUIDE LTD takes no responsibility for third party advertisements which are posted on this TRUSTED ASIAN GUIDE LTD website, nor does it take any responsibility for the goods or services provided by its advertisers. TRUSTED ASIAN GUIDE LTD is not responsible for the conduct, whether online or offline, of any User of TRUSTED ASIAN GUIDE LTD. TRUSTED ASIAN GUIDE LTD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. TRUSTED ASIAN GUIDE LTD is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of TRUSTED ASIAN GUIDE LTD or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the TRUSTED ASIAN GUIDE LTD Services. Under no circumstances shall TRUSTED ASIAN GUIDE LTD be responsible for any loss or damage, including personal injury or death, resulting from use of the TRUSTED ASIAN GUIDE LTD Services, attendance at a TRUSTED ASIAN GUIDE LTD event, from any Content posted on or through the TRUSTED ASIAN GUIDE LTD Services, or from the conduct of any Users of TRUSTED ASIAN GUIDE LTD, whether online or offline. TRUSTED ASIAN GUIDE LTD cannot guarantee and does not promise any specific results from use of the TRUSTED ASIAN GUIDE LTD website.
Limitation of Liability.
- In no event shall TRUSTED ASIAN GUIDE LTD or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of TRUSTED ASIAN GUIDE LTD be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if TRUSTED ASIAN GUIDE LTD has been advised of the possibility of such damages. Not withstanding anything to the contrary contained herein, TRUSTED ASIAN GUIDE LTD’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, paid by you to TRUSTED ASIAN GUIDE LTD for the TRUSTED ASIAN GUIDE LTD services during the term of your use. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. you specifically acknowledge that TRUSTED ASIAN GUIDE LTD shall not be liable for user content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
- Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.