Apple Daily E-Classified Limited – Advertising
Terms & Conditions
The placing of an order for the insertion of an Advertisement in the website/mobile site/app of Apple Daily E-Classified Limited shall amount to an acceptance of the terms and conditions by you as an advertiser.
These Terms govern Advertiser’s participation in Apple Daily E-Classified Limited’s advertising programs and services (i) that are accessible through the account(s) given to Advertiser in connection with these Terms or (ii) that reference or are referenced by these Terms (collectively, Programs). In consideration of the foregoing, the parties agree as follows:
Advertiser authorizes Apple Daily E-Classified Limited and its affiliates to place Customer’s advertising materials and related technology ( “Ads”) on any advertising products and services ( “the Services”) provided by Apple Daily E-Classified Limited. Customer is solely responsible for its use of the Services including but not limited to Ad trafficking or targeting decisions; Properties to which Creative directs viewers along with the related URLs and redirects Destinations and services and products advertised on such Destinations. The Program is an advertising platform on which Customer authorizes Apple Daily E-Classified Limited to use automated tools to format Ads. Apple Daily E-Classified Limited may make available to Customer certain optional Program features to assist Customer with the selection and generation of Targets and Ads.
The advertiser shall prepare and deliver the ready to publish digital file(s) of the Advertisement to Apple Daily E-Classified Limited. The digital file(s) containing the Advertisement materials must conform to the quality and specifications advised by Apple Daily E-Classified Limited. The Advertiser agrees to pay the costs incurred by Apple Daily E-Classified Limited in processing Advertisement materials which does not meet the specification required by Apple Daily E-Classified Limited. Apple Daily E-Classified Limited shall not be held responsible for any loss or damage of the supplied advertising materials and the advertisers/agency shall at its own expenses collect them at Apple Daily E-Classified Limited’s office within one month after the publication of the advertisement, failing which Apple Daily E-Classified Limited shall be entitled to destroy or dispose of them as it deems fit without any liability to the advertiser.
- Changes and Cancellations
Confirmed orders are non-cancellable. Copy changes will not be accepted after the published closing date. Apple Daily E-Classified Limited must receive changes to artwork at least two (2) business days in advance of requested change date. Apple Daily E-Classified Limited reserves the right to modify or change any ads placed or to be placed at any time without prior notice. Any change orders by advertiser must be made in writing and acknowledged by Apple Daily E-Classified Limited. This Contract may be cancelled or changed by Apple Daily E-Classified Limited at any time without prior notice or agreement by advertiser. There is no rescheduling and postponement of Insertion Order by advertiser. Moreover Apple Daily E-Classified Limited may immediately terminate this Contract if any change occurs in any applicable laws or regulations that would, in Apple Daily E-Classified Limited’s sole discretion, render Apple Daily E-Classified Limited’s performance hereunder illegal or otherwise subject to legal challenge.
Unless otherwise agreed in writing, hundred percent (100%) of total contract amount are due upon commitment of insertion order. In addition, advertiser shall be liable to Apple Daily E-Classified Limited for all solicitors’ costs and other costs of collection. Interest will accrue on any past due amounts at the rate of one percent (1%) per month, but not in excess of the lawful maximum. Apple Daily E-Classified Limited shall have the right to hold the advertiser liable for all amount due. All payments made to Apple Daily E-Classified Limited under this Contract shall be paid exclusive of any taxes imposed by any government, statutory or tax authority.
- Frequency and Discount
If Apple Daily E-Classified Limited fails to provide the guaranteed number of impressions, Apple Daily E-Classified Limited will make good on this Contract by providing advertiser with additional impressions and which is the advertiser’s sole remedy. Apple Daily E-Classified Limited will not make good for under-delivery due to delays caused by advertiser. Advertiser may be entitled to a special discount on the Fees at such rate as may be determined by Apple Daily E-Classified Limited with regard to the quantity of Advertisements committed by the Advertiser under the Order. If special discount has been given to the Advertiser but the Advertiser fails to fulfill the quantity of advertisements committed under the Order upon termination or expiration of the Term for whatever reason, Apple Daily E-Classified Limited shall be entitled to charge the Standard Rates on all Advertisements committed under the Order. The Advertiser shall pay the difference between the Standard Rates and the discounted rate for all Advertisements displayed on the Site and the Standard Rates for all remaining Advertisements committed under the Order within seven (7) days after the termination or expiration of the Term.
- Licenses and Indemnification
The Advertiser hereby warrants and represents that: (a). the Advertiser contracts with Apple Daily E-Classified Limited as principal (irrespective of whether it is an advertiser or an advertising agent or a media buyer and in case it is an agent, authorization to place the Advertisement has been obtained from the advertiser) and shall be principally liable for all liabilities under this agreement; (b). the publication of the Advertisement by Apple Daily E-Classified Limited will not be in breach of any contract or any third party’s intellectual property rights including trade mark, service marks, logos, patent, copyright and trade secret; and (c). the Advertisement contains nothing that is defamatory, threatening, illegal, obscene, indecent, seditious, offensive, liable to incite racial hatred, discriminatory, menacing or in breach of any applicable rules or laws of Hong Kong.
In consideration of Apple Daily E-Classified Limited’s acceptance of such advertisements and materials for publication, the advertiser undertakes to indemnify and hold Apple Daily E-Classified Limited harmless from and against any claims, prosecutions, judgments, losses, liabilities, costs, damages or expenses whatsoever arising out of or in connection with the publication of the Advertisement or the copying, printing, distributing, or publishing of advertiser’s advertisements, advertiser hereby grants Apple Daily E-Classified Limited the right to use, reproduce, and distribute the advertisements.
- Prohibited Content and Misleading Advertisement
The advertiser shall be solely responsible for complying with all applicable laws and regulations of Hong Kong. The parties agrees that the site/services is a mere platform channel for Advertiser to place its advertisement. Apple Daily E-Classified Limited disclaims any responsibility to censor, edit or control the Advertisements placed, published, distributed or made available through the services/site. The Advertiser shall at all times be solely responsible for and liable for the contents of the Advertisement placed on the site. The Advertiser shall not include any content/advertisement on the site or Apple Daily E-Classified Limited’s Affiliate Sites and Mobile Apps that is illegal, inappropriate, untrue, misleading, unfair or deceptive. The advertiser shall fully indemnify Apple Daily E-Classified Limited and hold Apple Daily E-Classified Limited harmless from and against any claims, prosecutions, judgments, losses, liabilities, costs, damages and expenses whatsoever arising out of or in connection with the publication of the Advertisement.
- Rejections and Remove
Apple Daily E-Classified Limited reserves the sole and absolute right to refuse order for any advertisement which is considered in Apple Daily E-Classified Limited’s sole discretion to be offensive or otherwise inappropriate for publication, with or without notice to the advertiser. Apple Daily E-Classified Limited also reserves the right to remove or modify any advertisement that have already been placed on the site at any time and terminate this agreement at Apple Daily E-Classified Limited’s sole discretion without prior notice.
- Limitation of Liability
In any event Apple Daily E-Classified Limited shall not be liable for any errors in content or omissions. Should an error appear in an advertisement, Apple Daily E-Classified Limited’s maximum liability will be limited to the cost of the advertisement (pro-rated for the publishing completed). Apple Daily E-Classified Limited will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, transportation, strike, network difficulties, electronic malfunction, etc. or any feasibility, reliability, or effectiveness related to Apple Daily E-Classified Limited’s Affiliate Sites and Mobile Apps. Apple Daily E-Classified Limited does not represent or warrant that Apple Daily E-Classified Limited’s Affiliate Sites and Mobile Apps will meet the objectives or needs of advertiser/agency or any third party. In no event will Apple Daily E-Classified Limited be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or other non-performance related to Apple Daily E-Classified Limited’s Affiliate Sites and Mobile Apps. UNDER NO CIRCUMSTANCES WILL APPLE DAILY E-CLASSIFIED LIMITED BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF APPLE DAILY E-CLASSIFIED LIMITED HAD BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
- Special Undertaking
With the Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance 2012 (the “Amendment Ordinance”) coming into operation on 19th July 2013, the advertiser hereby represents and warrants that it shall strictly comply with the provisions of the Amendment Ordinance and that all the contents, information and components of the Advertisement that it made available or submitted for publication are true, correct, current and appropriate to the products or services being offered. In consideration of Apple Daily E-Classified Limited accepting the Advertisement for publication, the advertiser undertake to indemnify, defend and hold Apple Daily E-Classified Limited harmless from and against any claims, prosecutions, judgments, losses, liabilities, costs, damages or expenses whatsoever arising out of or in connection with the publication of the Advertisement.
- Choice of Law and Forum
This Contract shall be interpreted and construed in accordance with the laws of Hong Kong Special Administrative Region and each party hereby submits to the non-exclusive jurisdiction of the Hong Kong SAR courts.
No public statements concerning the existence or terms of this Contract will be made or released to any medium except with the prior approval of both parties or as required by law. This Contract cannot be sold, assigned or transferred by advertiser to any party. If any portion of the Contract is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by Apple Daily E-Classified Limited shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; Apple Daily E-Classified Limited will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorized representative of Apple Daily E-Classified Limited and the advertiser.