Definitions and Acceptance of the Terms and Conditions
- These Terms and Conditions apply to all persons accessing this website www.htclassifieds.com and/ or for the purpose of booking classified advertisements via the Website.
- HT Media Limited and its Group Companies (hereinafter referred as "HTML" hereinafter) accept publication of advertisements under the Classified Section on the terms and conditions set out below ("Terms").
- Advertisements for the purpose of these Terms and Conditions shall mean advertisements under the Classified Section of Hindustan Times owned by HT Media Limited (HTML) and Hindustan owned by HTML (hereinafter individually referred to as “Publication” and collectively referred to as “Publications”.)
- By placing an order, the Advertiser (the person who wants to place its Advertisement in the Publications) accepts and agrees to be bound by these Terms in full.
- The Advertisements shall be booked through www.htclassifieds.com (referred as “Website” in these Terms and Conditions)
- Advertiser undertakes the full responsibility towards any claim, loss or damage suffered by HTML for any inaccurate / misleading information / advertisement. It shall be the responsibility of the Advertiser to research / verify / bonafide advertisement content and then forward it to HTML for publication. Buying and selling through Website is available only to individuals who confirm all the valid and legal requirements to enter into a valid contract enforceable under the law.
- Advertiser understands and acknowledge that, any views expressed from a derivation / interpretations of the published matter do not necessarily reflect the views & opinions of HTML and HTML is not responsible for the consequences of any actions taken based on the information provided in the advertisements.
- HTML expressly disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose with regard to its advertising services, including any and all oral and written information communicated about such services. Notwithstanding the foregoing, HTML shall have no liability for (i) any failure or delay resulting from conditions beyond HTML’s control; or (ii) errors in content or omissions in any creative or advertising materials provided by Advertiser. In the event of a breach by Advertiser, HTML may refuse to publish an advertisement without any liability.
- The advertisements released by the advertiser, whether accredited or non accredited, would be deemed to be on principal-to principal basis.
- While every endeavor will be made by HTML to avoid publication of competitive advertisements in close proximity to on another, no guarantee can be given in this respect, nor will claims be entertained for free insertions in the event of advertisements of rival products appearing on the same page. The publication of competitive advertisement on special pages / positions, cannot be avoided.
- The advertisements are to be released in accordance with the General Terms and Conditions of HTML, and any other instructions, as may be issued by HTML from time to time shall apply.
- It shall be the sole discretion of HTML with respect to the positioning and timing of the advertisement and HTML shall not at any time be made responsible in case of any dissatisfaction.
- The Advertiser states that the contents of the Advertisement and all information in relation to the Advertisement given by the Advertiser are true and correct and that nothing has been concealed from HTML and is in compliance with the laws in India. The Advertiser stands by the content of the said Advertisement and indemnifies HTML and the Publications against any action legal/civil/criminal that may follow because of the publication of the said Advertisement.
- Advertiser shall deliver to HTML the content, graphic images and other materials for the Advertisement in a form and manner to be specified by HTML. HTML will not be required to publish any Advertisement that is not received in accordance with the foregoing and reserves the right, at HTML‘s sole discretion.
- All information of whatsoever nature received from the Advertiser is taken in good faith, without suspecting the bonafides of the Advertiser. The contents of the Advertisement is believed to be true and correct and in compliance with the laws of India. HTML will not have responsibility whatsoever regarding the Advertisers bonafide or regarding the bonafide of the contents of the advertisements.
- All Advertisements are to be accepted and published by HTML on the representation that the Advertiser are properly authorized to publish the entire contents and subject matter thereof. The advertiser agrees to publish his advertisement with HTML at his sole risk and consequences.
- Advertiser hereby grants HTML the right and license to use, reproduce, transmit, and distribute all creative materials supplied by or on behalf of Advertiser, including without limitation, all content, text, graphics, illustrations and photographs (the “Creative”). Advertiser represents and warrants that: (i) it has all the necessary rights in the Creative; (ii) the Creative does not violate any applicable law or regulation; and (iii) the Creative does not violate or infringe upon any third party right in any manner or contain any material or information that is defamatory, libelous, slanderous, that violates any person’s right of publicity, privacy or personality, or may otherwise result in any tort, injury, damage or harm to any person. Advertiser acknowledges that HTML is relying on the foregoing representations and warranties.
- All contents of advertisements and Creative are subject to HTML‘s approval. HTML reserves the right to reject/accept or cancel any advertisement, space reservation or position commitment, at any time, for any reason whatsoever or even without any reason.
- The Advertiser guarantees to HTML that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation and are not libelous or obscene and do not infringe the rights of any person (including any person‘s intellectual property
- the Advertisement will not be prejudicial to the image or reputation of HTML or is Websites or the Newspapers; and
- all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website(s).
Utmost Good Faith
All Advertisements are accepted in good faith and HTML accepts no responsibility whatsoever regarding the bonafides of the Advertisers, nor can any interviews be granted or correspondence entered into regarding any advertisement published.
- The Advertiser indemnifies HTML for any action or claim by any third party resulting from any Advertisement/Creative instructed by the Advertiser.
- Advertiser agrees to indemnify, defend and hold HTML and its affiliates, and their respective officers, directors and employees, harmless from and against any and all expenses and losses of any kind (including reasonable attorneys’ fees and costs) incurred based upon a breach of any of the foregoing representations and warranties or in connection with any claim arising from or related to any advertisement supplied by Advertiser and run by HTML.
- In case of any liability/ claims of whatsoever nature cast upon HTML in relation to the contents of the advertisement, the advertiser will indemnify and keep indemnified HTML, its officers, employees, etc in relation to any claims and liabilities at all times.
Limitation of Liability
- Under no circumstances will HTML be liable for any loss to the Advertiser for any error or omission arising out the use of the ad booking software. It is the responsibility of the Advertiser to satisfy itself about the implementation of the alterations in the ad booking by checking offline with the classified ad operations department.
- The Advertiser will fully reimburse HTML for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the advertisement by HTML in accordance with these Terms.
- HTML shall not be responsible, under any circumstances, for any indirect or consequential loses such as loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by HTML and the Advertiser, and HTML‘s maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the Advertiser.
- HTML would not liable for non-publication due to any loss of data technical or otherwise, information, particulars supplied by the Advertiser due to the reasons beyond its control.
- HTML accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any advertisement copy to HTML or any loss or damage to any advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to HTML. HTML shall use its reasonable endeavors to reproduce advertisements as provided by the Advertiser but cannot guarantee that the advertisement will be of the same quality.
- All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card at the time of booking of the Advertisement. HTML may change its rates at any time by publishing the modified rates at any time shall be automatically be updated on its software. Any changes to the rates will take effect immediately. The amount of invoice will be rounded off to the nearest rupee.
- Any claim or objection in relation to any charge included in the bill raised against publication of an advertisement(s) received for publication will not be entertained unless it is produced within 7 days of the receipt of the bill in writing, subject to the clearance/ remittance of the undisputed amount of the bill, whereafter the HTML shall inquire into the claim/ objection and if found valid shall rectify the same.
- All payments shall be subject to taxes and deductions as applicable from time to time.
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these Products and Services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank. In case of any chargeback’s or dispute raised by the User we are in no way obligated or required to refund the amount for whatever which was purchased.
- All advertisements shall be paid for in advance by the advertiser. At the time of placing the request the applicable charges shall be computed basis various particulars and choices of the Advertiser ranging from text size, appearance, editions combo etc. on which basis the charges as per the applicable rate card shall be auto generated.
- Upon placing the advertisement order, Advertiser shall receive an auto generated email from HTML with the proforma invoice. Issuance of proforma invoice shall not be deemed as acceptance of the Advertisement and shall be subject to express confirmation. HTML shall upon receipt of advertisement order, review the Advertisement for confirmation of the contents of the Advertisements. Upon such review, if the advertisement is confirmed by HTML, a confirmation email shall be sent to the Advertiser with the final/GST invoice, confirming the placement of the Advertisement. HTML may contact the Advertiser before confirmation for such additional information and supporting documents which may be necessary to process the advertisement.
- In the event the advertisement placed by the Advertiser is rejected by HTML, HTML shall intimate to Advertiser via the contact details mentioned by the Advertiser and the charges paid by the Advertiser shall be refunded to the Advertiser as per the Cancellation and Refund Policy.
Postponement / rescheduling / non publication of the ad
- HTML would at all times try to its fullest to provide timely, error free services to its advertisers. However HTML holds the exclusive right to reschedule (to the nearest next possible date) and change any advertisements if needed. In such circumstances HTML shall provide a prior intimation to the Advertiser for confirmation and no money would be refunded to the advertiser. HTML reserves the exclusive right to refund the payment received in exceptional circumstances where such rescheduling has defeated the entire purpose of the advertisement.
- For any advertisements postponed / cancelled by the Advertiser, standard postponement / cancellation charges shall be applicable which are as follows:
- Ad(s) cancelled within 3 working days from the date of publishing of the ad: 10% of the value of the booking amount (excluding taxes).
- Ad(s) postponed at any time prior to 2 working days from the date of publishing of the ad or prior to closing of the booking deadline, whichever is earlier: no postponement charges apply. No postponements to be carried out after the closing of the booking deadlines unless under exceptional circumstances or force majeure conditions.
- HTML shall have absolute right to change the scheduled date of publication of any advertisement received for insertions. Every effort, however, shall be made to publish the advertisement on the desired date of publication but HTML shall have the right to postpone the publication of the advertisement.
- HTML accepts no responsibility whatsoever for not publishing advertisement, the copy and instructions relating to which do not conform to the Tariff Card and/or to the General Terms, for acceptance of the advertisement.
- HTML holds the exclusive right to refuse/ cancel any advertisement due to its content or any other reason whatsoever. In such a case the advertiser would be refunded the full amount into the source account within 14 days from the time of cancellation after the due amount has been received by HTML from its payment bank.
Ad Missed by a Newspaper
- In case of advertisements missed by HTML which had been booked by the Advertiser, the following options may be exercised:
- The Advertiser could ask for refund of the amount deposited with HTML against the publishing of the Advertisement.
- The Advertiser could request for rescheduling of the ad/ Change of Advertisement text which may be allowed, subject to the availability of space, without any extra charges as long as the amount of the rescheduled ad or the changed matter is not exceeding the amount of the originally booked ad. In case the cost of the rescheduled ad or the revised ad matter is more than the cost of the originally booked ad, the Advertiser will have to pay the extra amount calculated as the difference between of the originally booked ad and the revised booking.
- The Advertiser understands that the publishing of the ad could be missed by HTML in their publications on account of the following reasons beyond limits of control and hence no recourse, legal or otherwise, and no correspondence in this regard will be entertained by HTML:
- Non publishing of ad on technical grounds.
- Non publication of ad on grounds of force majeure conditions.
- Non publication of ad on due to circumstances beyond reasonable human control.
- It is however clarified between the Parties that in the event of any loss or damage occurring due to missed advertisements; HTML undertakes and Advertiser agrees for no liability of HTML against any claim of compensation for such loss or damage suffered by Advertiser.
In an instance of duplicate ad booking or payment for an advertisement, on receipt of request by the Advertiser, HTML on satisfying themselves of the genuineness of such a request, would:
- refund the entire booking amount received against duplicate ad;
- no cancellation charges would be applicable;
- The Advertiser understands and appreciates that the validation of the request and refund of the booking amount is a process which takes reasonable time and HTML would not be liable to pay any interest charges on the refund of the booking amount.
The advertisement preview shown to the Advertiser is an indicative preview of the ad only and it may at times differ from the actual published advertisement. This may come about as a result of technology and/or due to the effect of ‘Pagination of Advertisement‘ by the Newspaper. Such change is beyond the control of HTML and in such circumstances HTML shall not responsible in any manner whatsoever for any change which occurs subsequent to formatting and displaying of the Advertisement at the time publication and no dispute in this regard will be entertained either in the form of refund or for free insertions or in any manner whatsoever from the Advertiser.
Conduct / Usage norms governing use of Website
- The Advertiser undertakes to use the Website given to them for the sole purpose of transacting business with HTML for their respective publications. Any use of this Website / tempering with the software/ attempted alteration to the software / copying of the software, willfully or otherwise, is unlawful and HTML shall have the right to initiate appropriate action, legal proceedings (as per laws in India) or any other action as deemed necessary and appropriate by HTML.
- This also includes without limitation any unauthorized use of software, in complete of part thereof for activities illegal under Indian Laws.
Prohibition of Offensive Content
HTML expect the Advertiser to desist from the following activities while using the ad booking software
- booking of unwanted or offensive content, prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any Law in force.
- book any ad displaying information about another person / entity to which you do not have any right to
- booking of ad(s) which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another‘s privacy, hateful, or racially, ethnically objectionable, disparaging; relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- Any material uploaded by Advertiser shall be subject to relevant laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if Advertiser is found to be in non-compliance with the laws and regulations, or the terms of HTML, HTML reserves the right to terminate Advertisement, block access to the ad booking software and reserves the right to remove any non-compliant material uploaded / booked.
Dangerous/Stolen Goods and Offensive Text
HTML prohibits the booking of ads which highlight / promote / advertise any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: any controlled substance, dangerous, counterfeit or stolen goods, goods which do not actually exist, any good that infringes or violates anyone‘s rights, any item which in HTML sole discretion is inflammatory, offensive or otherwise inconsistent with HTML standards of business ethics, any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
Refusal of Service
If HTML, in its sole discretion, determines that a violation of the Terms Conditions has occurred, HTML may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of the user‘s account and/or the exclusion of any person(s) who may have violated any Terms Conditions. HTML will cooperate with any investigation conducted by any Central, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to the user. If HTML believes in its sole discretion that any ad that may create liability for HTML, HTML may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, HTML reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
Applicable Taxes and Costs
Advertiser agrees and understands that it shall be the responsibility of the Advertiser to furnish the GST relevant details at the time of booking of the advertisement in order to avail applicable tax credit facility. Advertiser understands and agrees that it is responsible for payment of all applicable taxes and for all costs that are incurred in using the booking software.
Disclaimer of Warranties
- Advertiser agrees that use of the service is at Advertiser’s sole risk. The service is provided on an "as is" and on an "as available" basis. HTML expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- HTML expressly denies any kind of warranties expressed or implied.
No Warranty of Service
HTML makes no warranty that the service will meet Advertiser‘s requirements, that the service will be uninterrupted, timely, secure, or error free; nor does it make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
Notice to HTML
Any notice/complaints to HTML shall be made by either email or regular mail. HTML may also give notice of changes to the Terms & Conditions by displaying notices on the Website to Advertiser on the Service.
These T&Ss are complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. These T&Cs may only be modified, or any rights under it waived, as updated on the Website from time to time.
These Terms & Conditions and the relationship between (Advertiser) and HTML shall be governed by the laws of the State of Delhi, without regard to its conflict of law provisions. Advertiser agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delhi.
No particular page / position shall be guaranteed to the Advertiser for any ad booking
Reporting Violations of Terms and Conditions
The Advertiser can help HTML keep track of the violations during usage of the ad booking software which are in your knowledge by emailing us at firstname.lastname@example.org or sending the same in writing to Grievance Officer, H.T. House, 18-20, Kasturba Gandhi Marg, Connaught Place, New Delhi -110001.
Each & every term & condition mentioned herein forming the general terms and conditions shall be automatically applicable and shall govern the terms and conditions for every advertisement published and ignorance of these terms and conditions shall be no defense and cannot be a ground for non-applicability of these general terms and conditions. HTML is not bound by any conditions which conflict with those stated in our terms & conditions.
Acknowledgement and Acceptance of Terms and Conditions
- Advertisements are accepted in good faith but HTML does not accept responsibility for their veracity, delay, error, omission in publication, shrinkage in production, compliance with all relevant laws etc.
- The responsibility for such advertising/other material submitted to HTML by Advertisers in any publications is accepted subject to the condition that the same complies with all applicable national laws.
- Advertisers are advised to release advertisement strictly in adherence to the terms and conditions listed above.
Use of information and reports provided
- While every reasonable effort is made to ensure that the information including various reports provided in the website is accurate, no guarantees for the accuracy of information are made. The information is provided ‘AS IS’. For any clarification or discrepancies noticed in the above information, you are requested to contact HT Media Ltd Immediately.
- HT Media Limited in no event will be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of any information or reports provided by the website.
- A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
- If HTML fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
- HTML also holds the exclusive right to change the terms and conditions of from time to time.
Copyright © 2020 HT Media Limited. All right reserved.