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Terms and Conditions

Please ensure you have read the Terms and Conditions relating to any order you place with Elite Luxury Publishing Inc. We will not allow you to purchase any service or product unless you have confirmed your acceptance of the terms and conditions. 

All products and services are not an offer by Elite Luxury Publishing Inc to sell any service or product, but an invitation to make an offer. We are free to accept or reject such an offer, without providing any reason, at our sole discretion. When using the electronic booking form, we will send you an e-mail that we have received your offer, but such email will not constitute acceptance of such offer by Elite Luxury Publishing Inc. If Elite Luxury Publishing Inc accepts your offer it will send a separate email confirmation of acceptance of the order. 

1 – Scope of Agreement: These are the conditions of the contract between you, the Client (“You” and “your”) and Elite Luxury Publishing Inc (“Elite Luxury Publishing Inc”, “we”, “us” and “our”) governing your use of our services, including use of advertising space on our website or in the publication, as set out in your booking order. This agreement constitutes the entire agreement between Elite Luxury Publishing Inc and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement. 

2 – Content and Artwork Responsibility and Go-Live Date: 

a) Provision of Content 

You are responsible for providing all required text, illustrations, and/or final artwork within 7 days from confirmation (Copy Deadline). If you fail to meet the Copy Deadline, we may, at our discretion: Repeat standing copy; Obtain/produce alternative copy for publication; or Proceed without the materials, none of which will affect your payment obligations under Clause 5. 

b) Proofing and Approval 

Where you have not provided final artwork, a proof of the advertisement will be made available for your approval. Any changes or corrections must be communicated to us in writing by the proof return date indicated. Failure to submit written changes by the return date shall constitute your approval of the proof. 

c) Editorial Control and Positioning 

We reserve full editorial control over the advertisement, including the right to withdraw, reject, or amend any materials you supply if we reasonably believe that such materials are unlawful, inappropriate, or do not comply with applicable laws, regulations, or codes of conduct. The positioning of any advertisement on our website or other medium is at our sole discretion. Any withdrawal, rejection, or amendment shall not affect your obligation to pay for the advertisement in full. 

d) Format and Associated Costs 

If the advertisement materials you provide are in a different format than requested, you will be responsible for any reasonable costs arising from the conversion, editing, or preparation of such materials. 

e) Complaints

All complaints regarding the reproduction or placement of advertisements must be submitted in writing within one (1) calendar month of the publication date. If no complaint is received within that period, the advertisement will be deemed to have been reproduced correctly. 

f) Compliance with Laws 

In using our services and any advertising space on our website, you agree to abide by all applicable laws, regulations, and codes of conduct. You shall not engage in any activities relating to our services that violate such laws or regulations. 

Go-Live Date and Timing 

(g) Scheduled Go-Live 

The start date (“Go-Live Date”) of your campaign or advertisement is set out in the Booking Form as “Subscription Start date”. We will endeavor to commence your campaign on this Go-Live Date, provided you supply all required content and approvals in a timely manner. 

(h) Modification of Schedule 

Any changes to the agreed Go-Live Date must be requested and agreed in writing by both parties prior to the originally scheduled Go-Live Date. If no written agreement is reached, we reserve the right to either: 

Proceed with the campaign on the scheduled Go-Live Date as is; or Delay the campaign without extending the campaign’s originally contracted end date, at our discretion, and you shall remain liable for any associated fees in accordance with these Terms and Conditions. 

(i) Consequences of Delay 

Any failure by you to adhere to the agreed timings, including the supply of content or approvals, that results in a delay not agreed upon in writing may result in: 

Loss of campaign duration (i.e., no extension to compensate for the delay); Forfeiture of any rights to credits or refunds related to the missed period; and your continued liability for all payments due under these Terms and Conditions. 

(j) No Extension or Refund 

Except as otherwise agreed in writing, no extension of campaign duration or refund shall be granted in the event you fail to meet the Go-Live Date or any other deadlines that were previously agreed upon. 

3 – Rights: In consideration of us providing our services to you, you assign to us with full title guarantee, for use throughout the world, the copyright (whether vested, contingent or future) in the copy supplied by you and all rights of action in respect of that copy. The above will not operate as an assignment of your trademarks, service marks and logos which will remain your property. However, you hereby grant to us a worldwide, non-exclusive, fully paid license to reproduce and display all trademarks, service marks and logos contained within the copy for the duration of the agreement. 

4 – Free of Charge Service: As part of our service commitment, we may at our sole discretion provide you with some free of charge services such as indexing, listings or any other material or additional media, which are over and above the advertisement. We cannot be responsible for any errors or omissions or claims for losses arising from these. We reserve the right, at our absolute discretion, to reject or amend text and information provided by you for any free of charge inclusions or media. This will not affect your obligation to pay for the advertisement itself as discussed above. If you do not provide the necessary text or information for any free of charge inclusions or media, by the due date, then this will also not affect your obligation to pay for the advertisement. 

5 – Invoice & Settlement: We will invoice you, plus Sales Tax if applicable, for the total cost of your booking following completion and return of the e-booking/order form. Unless expressly agreed, otherwise in writing, payment will be due 30 days from the date of invoice. Should your account fall overdue then interest will be charged at a rate of 1.5% per month and the maximum permitted by law together with reasonable attorney and collection fees. Interest will be calculated daily from the due date to the payment date. In addition, we reserve the right in certain circumstances to modify our payment terms to require full payment in advance and / or require you to provide such other assurances as we may require to secure your payment obligations i. If you have been granted a discount (for example for a series booking) but do not pay us, we reserve the right to revoke the discount so that you are liable for the full price of the advertisement. ii. All payments sent to us must be accompanied by a remittance advice or documentation quoting the account and/or invoice number to which the payment relates. Where payment is received without any identification or is deemed a duplicate/overpayment, said funds will be held on account for a period of 12 months only. 

6 – Cancellation: This booking order represents a legally binding contract between you and us. A cancellation may only be made at our sole discretion and with our written consent. If we agree to a cancellation prior to invoicing, then a fee of 50% (plus Sales Tax if applicable) of the booking value will be charged payable 14 days following the date of our written permission to cancel. If we agree to a cancellation after invoicing, then a fee of 100% (plus Sales Tax if applicable) of the order booking value will be charged payable 14 days following the date of our written permission to cancel. 

7 – Warranty & Indemnity: You warrant and represent to us that: (i) you have all necessary rights to grant the rights and licenses set out in your contract with us; (ii) neither the copy material provided by you nor any material which you may be linked to through your advertisement will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or rights of any person; (iii) use of the copy material provided by you will not violate any applicable law or regulation. You agree that there have been no guarantees made by us for this advertisement and that no employee of Elite Luxury Publishing Inc has made a promise or commitment that does not appear here. You agree to indemnify and hold Elite Luxury Publishing Inc and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from any violation or infringement of third party rights, or any breach of any of these terms and conditions. 

8 – Liability: To the furthest extent permitted by law, we do not accept liability for any claims, liabilities, expenses, losses, costs or damages (including without limitation, damages for any consequential loss or loss of business opportunities and/or profits) however arising from this advertisement booking and the use of or inability to use the website, or any of its contents, or from action or omission taken as a result of using the website or any such contents. Our liability in contract, tort or otherwise arising out of or in connection with the Agreement shall not exceed the total Charges received by us from you for the Advertisement/s. Every care is taken to avoid mistakes, but we cannot accept liability for any errors due to you, your third parties, sub-contractors or inaccurate copy instructions from any of the foregoing. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained. 

9 – Force Majeure: We will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labor dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media. 

10 – General: You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. A person who is not party to this contract has no right to rely upon or enforce any terms of this agreement. 

– Our primary goal in collecting personal information from you is to give you an enjoyable customized experience whilst allowing us to provide services and features that most likely meet your needs. We collect certain personal information from you, which you give to us when using our Sites and/or registering or subscribing for our products and services. We also collect certain personal data from other group companies to whom you have given information through their websites. The information provided will be held on our database and may be shared with other companies within the same Group. Occasionally your details may be made available to our external partners. If you do not want us to continue using this information, please notify us at unsubscribe@elitetraveler.com. Any personal information supplied to Elite Luxury Publishing Inc as part of this registration process and/or any other interaction with Elite Luxury Publishing Inc Ltd will be collected, stored and used by Elite Luxury Publishing Inc its subsidiaries, related companies or affiliates in accordance with the Elite Luxury Publishing Inc Privacy Policy. Please email privacypolicy@elitetraveler.com for a copy of the Elite Luxury Publishing Inc Privacy Policy.

– This agreement is governed by New York law and each party agrees that the courts of New York State will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this agreement. Changes to this contract can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognized as binding. 

Online Specific Terms and Conditions 

Should any element of your order include our online products then this term applies to you: 

11 – Suspension: In the event that you fail to pay any sums due to us under this contract, and such sums remain outstanding to us for more than forty-five (45) days from invoice, we reserve the right in our absolute discretion to immediately (i) suspend your use of our advertising services and any materials we have provided under your contract and/or your advertising space on our website; and/or (ii) remove your advertisement(s) and all your materials (including without limitation your trademarks, logos and white papers) from our website. Upon your payment of any such outstanding sums owed to us, we may in our sole discretion allow you to resume any or all of the foregoing uses in relation to our advertising services and advertising space on our website and shall inform you of our decision in writing. If your service with us should be reinstated and allowed to resume, then your contract period shall thereafter be the remainder of the subscribed period from the date of reinstatement until expiration (as if the contract had not been suspended). This shall not in any way affect or prejudice our right to terminate the contract or any other rights or remedies available to us. 

12 – DURATION AND AUTOMATIC RENEWAL: 

A) This Agreement, once accepted by us, commences on the date indicated as the (Subscription Start Date) on the Booking From (“Start Date”) and unless terminated sooner in accordance with this Agreement, shall continue for at least an initial term which expires on the date indicated on the Booking Form as the (Subscription End Date), (such period between the Start Date and Initial Term End Date being the “Initial Term”). After expiry of the Initial Term, the Agreement shall be automatically renewed as set out in (b) below. 

(b) Automatic renewal Upon the expiration of the Initial Term, this Agreement shall automatically renew for successive twelve (12) month periods (each, a “Renewal Term”) unless either Party provides the other Party with written notice of non-renewal at least thirty (30) days before the end of the then-current Term. A written notice of non-renewal must be delivered via email to howard.golding@elitetraveler.com

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