‘TERMS & CONDITIONS’ shall mean the contract established between the Member and UBM Asia Ltd upon the Member accepting the offer, upon these Terms and Conditions.
‘Website Terms & Conditions’ shall mean the Terms and Conditions available at www.jewellerynet.com to the Members which contains information relating to the membership package and other matters (as amended from time to time).
‘MEMEBER’ means the party that books advertisement space and is responsible for payment.
‘ADVERTISEMENT(S)’ means all material, including static graphic, video or other material as appropriate, requested by the MEMEBER to be placed at JewelleryNetAsia.com.
‘Close Icon’ means any icon on the website that leads to a close action of the browser.
All orders by any MEMEBER shall be bound by the following Terms and Conditions, and shall create a contract only if and when accepted by UBM ASIA LTD. These Terms and Conditions will govern the contract to the exclusion of any other terms on which an order is placed, or purported to be placed, by the MEMEBER.
- UBM ASIA LTD has the right to refuse, amend, withdraw or suspend the on-line advertising service of any ADVERTISEMENT(S) submitted at its absolute discretion and without explanation. If such refusal, withdrawal or suspension is due to the act or default of the MEMEBER, its servants or agents, the space reserved for the ADVERTISEMENT(S) shall be paid for in full, notwithstanding that the ADVERTISEMENT(S) has/have not appeared.
- The MEMEBER represents and warrants that:
- all ADVERTISEMENTS supplied by the MEMEBER comply with the requirements of all relevant legislation and all relevant codes of practice, including the General Advertising Guidelines, as provided below;
- the placing and/or reproduction of the ADVERTISEMENT(S) by UBM ASIA LTD as originally submitted or as amended pursuant to Condition 1 do not breach any contract or infringe any copyright, trademark or other proprietary rights of any person, or render UBM ASIA LTD liable to any proceedings whatsoever;
- the contents of the ADVERTISEMENT(S) are legal, decent, honest and truthful, and are not defamatory to any third party; and
- if the ADVERTISEMENT(S) contains the name or pictorial representation of any living person, or any association with or identification of any living person, the MEMEBER has obtained the authority of such person to make use of such name, representation and/or copy.
- it holds and hereby grants UBM ASIA LTD all rights, including and without limitation to any copyright, trademark, patent, publicity or other rights in the ADVERTISEMENT(S), and its targeting options and keywords needed for UBM ASIA LTD to operate the ADVERTISEMENT(S) for the MEMEBER, including and without limitation to any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyse, and create algorithms from and derivative works of the ADVERTISEMENT(S) and its targeting options and keywords in connection with this contract; and
- all MEMEBER information is complete, correct and current, and that the ADVERTISEMENT(S) and its targeting options and keywords will not violate, or encourage violation of, any applicable laws, regulations, code(s) of conduct or third party rights, including and without limitation to any intellectual property right(s).
- All ADVERTISEMENT(S) must comply with the guidelines set by the Federal Trade Commission (FTC) Guide for the Jewellery, Precious Metals and Pewter Industries, details of which can be found at: http://www.ftc.gov
- ‘General Advertising Guidelines means’:
- It is the responsibility of the Member to supply a digital copy of its ADVERTISEMENTS to UBM Asia Ltd prior to applicable deadlines.
- Advertisements should not have a transparent background and may not blend into the screen content.
- Advertisement creatives are not permitted to launch multiple browser windows when clicked on.
- Advertisements should not use ”fake” Close Icon(s) (for example, when a visitor closes an advertisement, it must close and not trigger unexpected behavior, such as opening another page).
- Advertisements should not appear to make the page look broken or as if some element is not working.
- If the MEMBER intends to include in an advertisement of a competition or a special offer of goods (other than any normally associated with the advertised products and services in relation to which full details have previously been supplied), full details must be submitted at the time of booking of the advertisement. The Member shall be solely responsible for obtaining all necessary licenses, permissions and permits necessary to operate such competition or make such offer, and shall indemnify UBM Asia Ltd in full (including for any indirect or consequential losses) against any liability in relation thereto or claim arising therefrom.
- Advertisements should not perform an automatic download of anything to a user’s system or present a download dialogue box without first presenting details information to the user about the download and then explicitly requiring the user to click on an icon in order to download the product.
- UBM Asia Ltd may impose special changes and additional terms and conditions for any extra production work owing to the acts or defaults of the Member.
- UBM Asia Ltd disclaims all warranties and guarantees regarding positing, or the levels or timing of costs per click, click through rates, availability and delivery of any impressions, click conversions or other results for any advertisements and its targeting options and keywords, the accuracy of reporting data and the adjacency of placement of the advertisements on JewelleryNet.com.
- The MEMEBER agrees to indemnify UBM ASIA LTD against all costs, claims, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of the placing of any ADVERTISMENT(S), including and without limitation, to any such liability attributable to a breach by the MEMEBER of any of the warranties in Condition 2. UBM ASIA LTD shall not be liable to the MEMBER, whether in contract, tort or otherwise (including negligence) for any acts or inaction howsoever arising out of or in connection with these Terms and Conditions, provided that nothing in these Terms and Conditions shall exclude or restrict UBM ASIA LTD’s liability to the extent that it cannot be excluded or restricted by law. Further, in no circumstances whatsoever shall UBM ASIA Ltd be liable to the MEMBER for any loss (whether direct or indirect) or profits, goodwill or business opportunity or for any indirect, special or consequential loss (whether or not reasonable foreseeable and even if advised of the possibility of the other incurring the same).
- It is the responsibility of the MEMEBER:
- to check the accuracy of the ADVERTISEMENT(S) (and of each placement of the ADVERTISEMENT if more than one). Save as expressly provided in this Condition, UBM ASIA LTD shall not be liable for any error in, or late placement of, any ADVERTISEMENT(S) arising in either such case from any cause whatsoever, including the negligence of UBM ASIA LTD or its employees, or for any loss, damage or expense occasioned thereby or consequent thereto;
- to ensure that all ADVERTISEMENT(S) targeting options and keywords and all ADVERTISEMENT content, information and URLs, whether generated by or for the MEMEBER, are correct; and
- to ensure that all websites, service and landing pages to which the ADVERTISEMENT(S) links or directs viewers, and/or advertised services and products are correct.
- The MEMEBER grants UBM ASIA LTD permission to use an automated software program to retrieve and analyse the ADVERTISEMENT(S) with its placement for quality, serving and reporting, unless the MEMEBER specifically opts out of the evaluation, and confirms in writing and requests in time the changes to be made.
- The MEMEBER shall not, and shall not authorise any party to:
- generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions;
- use any automated means or form of scraping or data extraction to access, query or otherwise collect UBM Asia LTD’s advertising-related information from JewelleryNetAsia.com or property, except as expressly permitted by UBM ASIA LTD; and
- the MEMEBER does not advertise anything illegal, or engage in any illegal or fraudulent business practice(s).
- To the fullest extent permitted by law, UBM ASIA LTD disclaims all warranties, express or implied, including and without limitation to non-infringement, satisfactory quality, merchantability and fitness for any purpose. UBM ASIA LTD disclaims all guarantees regarding positioning, or the levels or timing of costs per click, click through rates, availability and delivery of any impressions, click conversions or other results for any ADVERTISEMENT(S) and its targeting options and keywords, the accuracy of reporting data and the adjacency or placement of the ADVERTISEMENT(S) on JewelleryNetAsia.com.
- Unless otherwise agreed in accordance with Condition 20 below, the rates applicable to any contract shall be UBM ASIA LTD’s standard rates, applicable from time to time during the term of the contract. UBM ASIA LTD reserves the right to amend the terms of the MEMEBER’s order as regard the size of the ADVERTISEMENT’s location and digital file, or the frequency of placement, and/or to increase rates at any time with immediate effect.
- Under no circumstances does the acceptance of an order confer any right to renewal on the same or similar terms.
- UBM ASIA LTD cannot accept stop-orders and cancellations or transfers of ADVERTISEMENT(S) after the contract is signed. The MEMEBER is liable to pay the full and contracted amount of the ADVERTISEMENT(S) to UBM ASIA LTD.
- UBM ASIA LTD may impose special charges and conditions for any extra production work owing to the acts or defaults of the MEMEBER. Regional placements are accepted on the basis that it is impossible to give any guarantee that the ADVERTISEMENT(S) will not appear in some visits to JewelleryNetAsia.com outside the areas specified.
- It is the responsibility of the MEMEBER to supply digital copy to UBM ASIA LTD prior to applicable deadlines. Where the contract is for a series of ADVERTISEMENTS, UBM ASIA LTD has the right to repeat standing digital copy unless and until new copy is supplied by the MEMEBER.
- If it is intended to include in an ADVERTISEMENT a competition or a special offer of goods (other than any normally associated with the advertised products or services in relation to which full details have previously been supplied), full details must be submitted at the time of booking of the ADVERTISEMENT(S). The MEMEBER shall be solely responsible for obtaining all necessary licences, permissions and permits necessary to operate such competition or make such offer, and shall indemnify UBM ASIA LTD against any liability in relation thereto or claim arising therefrom.
- UBM ASIA LTD cannot accept responsibility for changes in dates of placement and digital copy unless these are confirmed in writing and requested in time for the changes to be made. UBM ASIA LTD has the right to charge any additional expenses involved in such changes.
- The ADVERTISEMENT(S) must conform to UBM ASIA LTD’s technical requirements; any additional work involved through non-conformity may be charged for.
- The amounts due by the MEMEBER to UBM ASIA LTD under the contract must be paid within 14 days from signing of the contract. UBM ASIA LTD reserves the right to suspend or cancel the placement of the ADVERTISEMENT(S) and/or to levy an interest charge of two per cent per month on all overdue accounts.
- The AVERTISER shall be responsible for the insurance of all ADVERTISEMENT material delivered by it to UBM ASIA LTD and UBM ASIA LTD shall have no liability for any loss or damage however caused.
- UBM ASIA LTD reserves the right to destroy all digital files and other material for the ADVERTISEMENT(S) after one year from the date of use. UBM ASIA LTD may exercise this right without notice to the MEMEBER.
UBM Asia Ltd take individual privacy seriously. This section explains our company policies and practices on data privacy.
UBM Asia Ltd respect privacy of the Member and UBM Asia Ltd will use its reasonable endeavors:
- to implement computer, physical and procedural safeguards to reasonably protect the security and confidentiality of the personal data UBM Asia Ltd collect;
- to limit the personal data collected to the minimum required to provide better service;
- to permit only properly trained, authorized employees to access personal data;
- not to disclose the personal data to external parties unless the Member has agreed, the UBM Asia Ltd are required by law or any lawful request of any enforcement agencies or UBM Asia Ltd have previously informed the Member.
- Information collection
In order to provide better service to the Member and to fulfil the purposes set out in the next paragraph, UBM Asia Ltd may collect certain information when the Member registers with them or communicates with us. In the process, UBM Asia Ltd may also collect personal information of individual contact persons of companies or their employees. As stated in the registration form, some of the requested information is mandatory and some of them the Member may provide voluntarily. If specific mandatory information is requested but not supplied, UBM Asia Ltd may be unable to provide the requested service as intended. UBM Asia Ltd only retains personal data for so long as it is necessary for fulfilling the purposes set out in the next paragraph.
- Use of information
The purposes for which information may be used by the UBM Asia Ltd include:
- distributing publications and research materials of their company;
- marketing their services or products;
- processing applications for visiting their trade fairs;
- facilitating and enhancing their operations by incorporating the personal data into their database and conducting analysis, research and auditing based on the personal data;
- promoting and notifying the Member of their trade fairs in Hong Kong and around the world, and events or trade fairs organised by their affiliates and joint venture partners; and
- if necessary, facilitating legal proceedings, including collecting overdue amounts
UBM Asia Ltd may use personal data of the Member, including his/her name, email address and physical address to conduct direct marketing in relation to the promotion of and invitation to their trade fairs in Hong Kong and around the world, and events or trade fairs organised by our affiliates and joint venture partners, as well as the promotion of our services via fax, email, direct mail, telephone and other means of communication, or send e-newsletters to the Member. UBM Asia Ltd will not so use the personal data of the Member unless UBM Asia Ltd has received the Member’s consent to the said intended use. The Member may choose not to receive promotional materials by simply notifying the UBM Asia Ltd through [email protected], and UBM Asia Ltd will cease to do so, without charge.
- Disclosure / Transfer of Data
UBM Asia Ltd will keep the personal data it holds confidential but may provide or transfer the personal data to:
- its agents, advisers, auditors, contractors, and service providers in connection with its operations or services for facilitating and enhancing its operations and conducting analysis, research and auditing based on the personal data;
- its overseas offices, affiliates, joint venture partners, which are also organizers of UBM Asia Ltd’s exhibition, for the purposes of conducting direct marketing in relation to the promotion of and invitation to their trade fairs in Hong Kong and around the world;
- persons to whom UBM Asia Ltd are required to make disclosure under applicable laws in or outside Hong Kong
In general, personal data of the Member is kept confidential and is only accessible by authorized personnel. Personal data stored electronically are password-protected. Encryption technology is used on the secured web areas of UBM Asia Ltd. UBM Asia Ltd recommends that the Member do not divulge his/her user login, name and password to anyone. The personnel of UBM Asia Ltd will never ask the Member for his/her user login, name and password in an unsolicited phone call or in an unsolicited e-mail. The Member must remember to sign out of his/her account and close the browser window when the Member has finished his/her session with the website. The Member is responsible for all activities that occur under his/her user account and password.
- Transfer of Data Overseas
UBM Asia Ltd will generally hold personal data of the Member on servers in Hong Kong. However, the Member agrees that UBM Asia Ltd may transfer personal data of the Member to the UBM Asia Ltd’ overseas offices or affiliates elsewhere in the world or to any of the people listed at paragraph 20(3) above, who may be located elsewhere.
- Consent and Rights of the Member
By checking the appropriate box below or by signing this Contract, the Member explicitly consents to the collection, use and transfer of his/her personal data as outlined in this Clause, including the use and provision of his/her personal data for direct marketing.
Under the Hong Kong Personal Data (Privacy) Ordinance, individuals have the right:
• to check whether UBM Asia Ltd hold personal data about the Member and to access such data;
• to require UBM Asia Ltd to correct inaccurate data;
• to ascertain policies and practices of UBM Asia Ltd in relation to personal data and the kind of personal data held by them.
- Terms & Conditions and Website Terms and Conditions other than those of UBM ASIA LTD and that do not conform to, or are in addition to, these Terms & Conditions will not be binding, unless in writing and signed on behalf of UBM ASIA LTD.
- No waiver or indulgence by UBM ASIA LTD of any Terms & Conditions shall be effective other than in relation to the matter or the ADVERTISEMENT(S) in respect of which it was specifically given.
- The illegality, invalidity or unenforceability or any provision of these Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
- If there are two or more persons adhering to these Terms and Conditions, their liability under these Terms and Conditions is joint and several, and their rights are joint.
- If there is any conflict or difference between the Chinese version of these Terms and Conditions and its English version, the English version prevails. If any part of the Chinese version is unclear, reference should be made to the English version. For the avoidance of doubt, the Chinese version may not be translated into English for the purpose of comparing with or interpreting the English version.
These Terms & Conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of the Hong Kong Special Administrative Region of China.