ADVERTISING TERMS AND CONDITIONS
Acceptance of Terms and Conditions
KOTA (Kerala Occupational Therapists’ Association) accepts publication of online advertisements (“Inserts”) as defined below on the terms and conditions listed herein(“Terms”).
By placing an Advertisement order, the ‘Advertiser’ (which refers to the person placing the order for the Advertisement who may be the advertiser of the service or product indicated in the Advertisement or the advertising agency for such advertiser) fully acknowledges and agrees to be bound by the Terms in its entirety.
Content and Delivery of Advertisements
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The Advertisement material and content should adhere to KOTA’s technical specifications.
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KOTA, may, without any responsibility to the Advertiser, cancel, reject or require any Advertisement to be modified if it considers unsuitable or contrary to KOTA’s Terms and remove or suspend the Advertisement.
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KOTA may refuse to publish any Advertisement of any Advertiser who has failed to pay the Advertising fee. The Advertiser will be responsible for all outstanding charges.
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The publication of an Advertisement by KOTA does not mean that KOTA accepts the Advertisement has been provided in accordance with the Terms mentioned herein.
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The Advertiser guarantees to KOTA that:
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Any information produced in connection with the Advertisement is accurate, true, complete and does not mislead.
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Has obtained the consent of any person whose name or image is contained in the Advertisement.
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The Advertisement is legal, honest, and truthful, is in compliance to the provisions of any applicable law, regulation or code of practice, is not obscene, and does not infringe the rights of any person, including any individual’s intellectual property rights.
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The Advertisement will not be detrimental to the reputation of KOTA and will not contain anything offensive or inappropriate.
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All digital Advertisements will be free of any viruses, adware, malware, bit torrents, and will not cause any harm or adverse effect on the operation of the website.
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If the Advertiser is an advertising agency, the Advertiser guarantees and assures that it is authorised by the advertiser of the service or the product to place the Advertisement on KOTA website and will compensate KOTA for any claim made by such advertiser against KOTA.
Payment
KOTA accepts Advertisements on the basis that they will be paid by the Advertiser at the prevailing rates listed out in the application while submitting advertisement requests. KOTA may change the rates at any time by publishing the updated rates in the fee option in the online application form. Any changes to the rates will be enforced with immediate effect. However, any alterations to the applicable rates will not apply to orders placed prior to the date of such change.
Advertisement
The Advertiser guarantees to KOTA that any destination site mentioned in the Advertisement (Advertiser’s site) will be (a) legal, honest and truthful, (b) not contrary to the provision of any applicable law, regulation or code of practice,( c) not obscene, (d) infringe the rights of any person, including any individual’s intellectual property rights (e) not be prejudicial to the reputation of KOTA (f) be free from viruses, spyware, malware, adware and/or bit torrents (g) have a clearly visible privacy policy that complies with all the applicable data protection and privacy laws, regulations and code of practice.
In the event that any issues or unethical practices at the institution mentioned in the Advertisement, the advertisement shaill be suspended from the KOTA website with immediate effect. Upon failure of a satisfactory clearance from the institution and/or the Advertiser on the issue, the Advertisement shall be removed permanently from the website with penalties for misusing the KOTA website.
Liability of KOTA
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KOTA shall use its reasonable efforts to reproduce Advertisements as provided by the Advertiser but does not guarantee that the Advertisement will be of the same quality.
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KOTA will not be responsible for any delays or deletions or withdrawal of any Advertisement upon requirement by any authority having responsibility for the regulation of online advertising.
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With regard to the number of days of Advertisement, KOTA will make reasonable efforts to comply with the wishes of the Advertiser but does not guarantee the same and all such decisions will be at the sole discretion of KOTA.
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KOTA will not be responsible for any failure of transmission of the website and any Advertisements contained in them, where such failure or delay is due to any act, omission, fault, interruption, or other condition that is beyond the reasonable control of KOTA.
Liability of the Advertiser
The Advertiser will fully indemnify KOTA from all investigations, claims, fines, losses, damages, costs (including legal fee) all expenses and liabilities arising due to any breach or failure to comply with any of the Terms mentioned here.
General
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If KOTA fails or delays in exercising its rights or remedies provided as per these Terms, it shall not be deemed as a waiver of that right or remedy or a waiver of any other rights in these Terms.
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Nothing in this Terms will be deemed to create a partnership, joint-venture or a relationship of principal and agent, or co-ownership.
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Neither KOTA nor the Advertiser shall have the authority to bind, to act for, or otherwise resume or create any obligation on behalf of the other party, and neither parties shall hold itself out as having authority to do the same.
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This Terms constitute the entire agreement between the Advertiser and KOTA in respect of the Advertisements and no modification or changes to these Terms will be made effective unless made in writing and signed by both KOTA and the Advertiser. KOTA may modify these Terms and Conditions at any time without liability by posting an updated version on its website.
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This Terms herein (and any non-contractual obligations arising in connection with this Terms) shall be governed by the law of the land and the courts of Ernakulam will have exclusive jurisdiction to settle any dispute or claim arising out in relation to these Terms or its subject matter or formation(and any non-contractual disputes or claims arising in connection with this Terms).