CGA Advertising Terms & Conditions

By submitting on (CGA Website), Advertiser agrees to the following Terms and Conditions (Terms):

1. General

A signed Order must be submitted to CGA prior to the initial advertising publication date. We will have no obligations to Advertiser until both parties have confirmed the Order in writing (which includes our acceptance by e-mail). No conditions other than those set forth herein and in the confirmed Order shall be binding on CGA, unless otherwise specifically agreed to in writing. These Terms and the Order supersede CGA’s Advertising Policy and any previous agreements between CGA and Advertiser with regard to the advertisement(s) in question.

2. Advertising Content and Changes

We must receive all content for advertisements on the CGA Website at least 3 business days prior to the intended Ad Start Date as specified in the Order. We will not be liable for any delays in displaying an advertisement that are caused by Advertiser’s late delivery.

The contents, including all web links, of all advertisements are subject to CGA’s approval (which is not to be unreasonably withheld).

After an advertisement has been uploaded to the CGA Website, any changes must be submitted in writing at least 3 business days in advance of the requested change date. Changes cannot be submitted more frequently than once every 30 days, unless otherwise agreed.

We reserve the right to immediately terminate an Order if any change occurs in any applicable law or regulation that would, in our reasonable opinion, render our performance of the Order illegal or otherwise subject to legal challenge.

We reserve the right to change any of our ad banner specifications at any time with written notice to Advertiser.

3. Payment

Unless otherwise agreed in writing, the total advertising fees payable under each Order are due within 5 business days after our acceptance of the Order.

If payment is not made in full by the due date, we reserve the right to elect, in our sole discretion, to either terminate the Order with immediate effect, or to publish the requested advertisement(s) on the CGA Website.

However, until and unless payment is made, we reserve the right to remove any published advertisement from the CGA Website at any time and/or to terminate the corresponding Order.

4. Advertisement Display

If we fail to provide advertising in the quantity and locations stipulated in a confirmed Order, we will compensate Advertiser by providing advertising in an appropriate amount and location which corresponds to the stipulations in the Order. If for any reason we cannot compensate Advertiser with such advertising, we will refund the purchase price for the advertisement(s) which were not published in full.

However, CGA will not make good for a shortened amount of advertising time caused by Advertiser’s delay.

5. Licenses and Indemnification

Advertiser represents and warrants that it holds all necessary ownership rights or licenses in the entire content of the advertisement(s) that it submits to CGA, including without limitation:

  • the names and/or pictures of persons;
  • any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and
  • any testimonials or endorsements.

Advertiser hereby grants CGA the right to display, reproduce, and distribute all contents of each advertisement purchased on the CGA Website by Advertiser.

Advertiser remains solely liable for the advertisements that it purchases on the CGA website and all related content. Advertiser shall not include any advertising on the CGA Website that is misleading, unfair or deceptive. All advertisements submitted by Advertiser shall comply with all applicable laws and regulations.

Advertiser shall indemnify CGA and hold CGA harmless against all losses, liability, damages and expenses of any nature (including legal fees) arising out of our display of the advertising requested in an Order on the CGA Website.

6. Limitation of Liability

We will not be liable for any errors or omissions in any advertising on the CGA Website. We will not be liable for any delays in publishing 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 the CGA Website.

We do not represent or warrant that the CGA Website will meet the objectives or needs of Advertiser or any third party. In no event will we be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or other non-performance related to the CGA Website.

Under no circumstances will we 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 an Order, even if we had been advised of the possibility of such damages.

7. Choice of Law and Forum

Each Order and these Terms shall be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region (Hong Kong).  Any dispute between the parties which cannot be resolved through friendly consultations within 30 days after the commencement of discussions may be submitted to the Hong Kong International Arbitration Centre for arbitration under Hong Kong law in English before a sole arbitrator, and in accordance with the Centre’s then-current procedural rules.  The arbitral award shall be final and binding upon the parties.

8. Miscellaneous

No public statements concerning the terms of an Order will be made or released to any medium except with the prior approval of both parties or as required by law. An Order cannot be sold, assigned or transferred by Advertiser to any party.

If any portion of an Order or these Terms is found unenforceable for any reason, the remainder will remain in full force and effect.

No waiver by either party of a right or obligation hereunder shall operate as a waiver of any other right or obligation, or any subsequent default.

An Order and these Terms represent the entire agreement of the parties with regard to the advertisement(s) specified therein. We will not be bound by the representations of any agents, brokers, or other third parties.

In case of any discrepancy between an Order and these Terms, the Order shall prevail.