Terms & Conditions

  1. Where applicable, where Client has agreed to purchase advertising (“Ad Buy”) from the Tatler entity specified in the Contract (“TA”), Client agrees to the following:

Applicable to Ads Buys on all forms of media – digital media (more specifically, Tatler branded websites), social media and print media/publications (as specified in the Contract):

  1. TA reserves the right to edit, revise, reject or cancel any Ad Buy at any time for any reason;
  2. TA will not be liable for any errors or omissions resulting in consequential or other loss or damage of any kind whatsoever (whether anticipated or not) whether occasioned by (i) failure of any advertisement to appear on the specified date (or at all); (ii) errors in any advertisement published; (iii) errors in key numbers; (iv) changes made after the published deadline; (v) colour quality (vi) errors appearing in advertisement which are placed after our published deadlines or due to late delivery of digital film from the Client or  designate; (vii) or for any other reason whatsoever;
  3. all advertisements are accepted and published by the TA upon the representation that the Client is authorised and is able to grant rights to publish the entire contents and subject matter thereof and that such publication will not violate any law or regulation or infringe upon any right including without limitation right of privacy, decency and intellectual property; 
  4. if an agency is making an advertising related request on behalf of the Client (“Agency”), the Agency confirms that it is authorized to bind the Client to any resulting commitment. It is understood that the Client and Agency are jointly and severally liable for payment of invoices for advertising published hereunder;
  5. TA does not guarantee any given level of circulation or readership for an advertisement, post, content or insert.
  6. cancellation of an advertisement order will be accepted only if it is received by TA, in writing, no later than six weeks prior to the published deadline for the publication which it was ordered. Any cancellation made after this deadline will render the Advertiser liable to pay the contracted rate in full for the cancelled advertisement whether or not it is published; 
  7. all Advertising Copy that might be mistaken by a reader as editorial or which simulates editorial content must be clearly marked "advertisement", "advertorial" or "marketing feature" as instructed by TA; 
  8. TA reserves the right to reject advertisements that violate local laws, acceptable cultural norms and/or TA’s policies and/or advertising codes as provided by TA from time to time.
  9. verbal commitments on special positions, make good advertisements, compensation or any other matter will not be binding unless acknowledged in writing by TA; and
  10. any complaints or claims regarding advertisements published must be made in writing within fifteen (15) days following the date of publication and/or posting (as applicable) to TA. Complaints or claims received after this deadline or sent by other means will not be entertained.

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Applicable to Ads Buys on digital media (more specifically, Tatler branded websites) and print media/publications (as specified in the Contract):

  1. bookings for fixed and prime position advertisements are non-cancellable. In the event of the Client or the Agency (where applicable) cancelling his/her advertisement, the Client or the Agency (where applicable) shall be fully liable to pay TA for all rates and charges in respect of the uncompleted portion of the advertising services under the Contract;
  2. if the Client gives notice of cancellation or reduction of any part or portion of the work contracted for, then any preferential rates and/or position protection originally agreed shall cease to apply and the normal rates as set out in the published rate card shall apply instead. Likewise, on cancellation or curtailment by the Client of a contract for a number of advertisements, any preferential rates and/or position protection shall cease and the normal rates as set out in the published rate card shall apply to advertisements or insertions already used up to the date of cancellation or curtailment;
  3. TA will not be responsible and will not give any rebate or compensation in cases where incorrect digital material has been supplied;
  4. the placing of an order or the transmitting of advertising materials or instructions for insertion of an advertisement shall amount to an acceptance of these terms and conditions and any terms inconsistent with these (including verbal commitments, rates and rules) shall be void unless varied in writing and acknowledged by TA and provided at least 4 weeks before publication and/or posting date (as applicable).

Applicable to Ad Buys on print media/publications (as specified in the Contract):

  1. advertising schedules composed of mixed space units are entitled to normal frequency discounts except that smaller units cannot be added to larger units to gain the larger space frequency discount; 
  2. in the event of material insertion instructions are not received by TA by its required deadline, TA reserves the right to repeat a previous advertisement of the same size or to run a house advertisement for which the Client will be liable for payment in full; 
  3. advertisements must be inserted within one year from date of first insertion to earn frequency discounts.

Applicable to Ads Buys on digital media (more specifically, Tatler branded websites)

  1. advertisements must be inserted during the agreed fixed campaign period and any postponement of such campaign must be within one year to earn frequency discounts.

Applicable to Ads Buys involving branded content and advertorials to be produced by TA: 

  1. TA reserves the right to decline any ideas and/or requests offered by the Client that in its sole discretion, may carry negative connotations or controversial slants which are not aligned with TA’s brand.

Applicable where Client has engaged TA to create social media content (“Content”) for posting and transmission on TA ’s social media accounts (specified in the Contract), Client agrees to the following:

  1. TA shall have the right to use the Client’s name and/or logo and any photographic images captured during the event outlined in the Contract.
  1. Where applicable, where Client has agreed to purchase advertising (“Ad Buy”) from the Tatler entity specified in the Contract (“TA”), Client agrees to the following:
  1. Scope of Services. TA shall provide the services listed in the Contract (the “Services”) which is expressly made part of this Agreement. TA will provide the Services using adequate numbers of appropriately trained and qualified employees under adequate supervision in compliance with industry standards and applicable laws and regulations.
  2. Cancellation policy. If no cancellation policy is specified in the Contract, for cash payment  deals, all deposits paid are non-refundable. 
  3. TA will not be responsible for any loss or damage to Client property arising during or related to the Event.
  1. Where applicable, if TA has been engaged by Client to provide sponsorship rights specified in the Contract (“Sponsorship Rights”) for an event specified in the Contract (“Event”), the parties agree to the following:
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Obligations of TA:

  1. TA shall, at its own cost and expense:
  1. organise, promote and stage the Event (as defined in the Contract);
  2. provide Client with the benefit of the Sponsorship Rights including without limitation the creation, production and development of the materials outlined in the Contract (“Sponsorship Materials”); and
  3. keep Client informed of all significant developments relating to the Event, including any developments that may adversely impact the organisation, promotion or staging of the Event or the Sponsorship Rights.
  1. TA shall conduct itself, and shall procure that its directors, officers, employees, agents, contractors and subcontractors conduct themselves at all times appropriately and in a proper and decent manner.
  1. TA shall:
  1. enter into a bona fide written agreement for the use of the Event venue with the venue proprietor;
  2. make all administrative and financial arrangements necessary for the smooth running of the Event; and
  3. comply with all applicable laws, rules and regulations, and any conditions attached to any licences or consents issued in connection with the Event.

Client Trademarks:

  1. Client hereby grants to TA a non-exclusive, non-transferable, non-sub-licensable, and royalty-free licence to use the trademarks of the Client (“Client Marks”) to provide the Sponsorship Rights and to use the Client Marks and any photographic images captured of the Client Marks during the Event to promote the Event and TA.  TA acknowledges and agrees that Client and/or members of the Client group collectively own all rights, title and interest (including without limitation intellectual property rights) in and to the Client Marks, and nothing in this Agreement confers or shall be deemed, interpreted or construed as conferring onto TA any right of ownership in any of the Client Marks.
  2. TA shall submit to Client for prior written approval all materials created, produced or developed by TA which use the Client Marks. TA shall not use any such materials for any purpose until they have been approved in writing by Client. Client may, in its absolute discretion, refuse to provide approval.

Cancellation by TA

  1. If the Event is cancelled or postponed by TA, for cash payment deals, TA shall refund all deposits paid under the Contract after deduction of all costs and expenses incurred by TA in relation to the Event. For the avoidance of doubt, TA shall be entitled to a reimbursement of all costs and expenses incurred to perform services that have been accepted by Client.
  2. TA shall as soon as reasonably practicable, notify Client in writing upon making any decision to cancel or postpone the Event.
  1. Digital Files: Where applicable, the Client agrees to the following:
  1. only digital files of the correct specification will be accepted for publication. Non-digital material submitted will be either rejected or converted to digital format at the expense of the Client if so requested. TA accepts no responsibility for the correct reproduction of non-digital material so converted;
  2. digital files supplied must be to the correct specifications. In the event that an advertisement does not reproduce correctly, TA accepts no responsibility and will not give any rebate or compensation in cases where incorrect digital material has been supplied;
  3. TA reserves the right to destroy all digital files, transparencies, photographs or other material which has been provided to TA by a Client after a period of six months. Such material will not be returned unless requested by writing;
  4. while every reasonable care is taken, neither TA nor its printer is responsible nor liable for any loss or damage to digital files, transparencies, photographs and other material submitted to TA. The Client understands that materials submitted are done so solely at its own risk.
  1. Modifications: No waiver or indulgence by TA shall be effective save in relation to the matter in respect of which it was specifically given in writing.
  1. Payment Terms: Refer to the Contract. For cash payment deals, all payments must be made in the currency specified in the Contract. The Client shall be responsible for any and all bank remittance charges related to its payment of the fees.
  1. Intellectual Property: All intellectual property owned by each party prior to entering into this Contract shall remain the property of that party (“Background IP”). Save for such Background IP, all intellectual property which is or has been conceived, made, developed by Tatler Asia or its consultants, employees or agents and incorporated in any service, work, deliverable or other purchase under this Contract and all stages of conception, creation or development of such intellectual property, shall be and remain the sole and exclusive property of Tatler Asia.  All materials using “Tatler” and “GEN T” (hereinafter “TATLER Marks”) shall be subject to Tatler’s prior written consent. Any unauthorized use of such TATLER Marks shall constitute a material breach of this Contract and an infringement of Tatler Asia’s rights in and to such TATLER Marks. Nothing herein shall be construed as transferring to Client, whether directly or by implication, any ownership or interests in the TATLER Marks.  This clause shall survive the termination or expiration of this Contract in relation to any party. Each party hereby agrees that the other party shall, in addition to any remedies available to it hereunder or at law or in equity, have the right to injunctive relief in the event of any breach of the covenants set out in this clause.
  1. Confidentiality: The parties agree to keep the terms of this Contract private and confidential.  The Client agrees to use the Confidential Information of TA which is disclosed or obtained by it pursuant to or as a result of this Contract, only for the purpose of carrying out its obligations contemplated under this Contract, and to allow access to the same to its Consultants or employees only on a “need-to-know” basis, and not to disclose such information to a third party without TA’s prior written consent, unless such information: (a) at the time of such disclosure or use, is already in the public domain through no act of the Client; (b) is already known to the Client on a non-confidential basis prior to disclosure by or on behalf of TA of the same pursuant to this Contract; (c) has been lawfully disclosed to Client by a third party who is not under an obligation of confidentiality with respect to such information; or (d) is required to be disclosed by the Client pursuant to any applicable law, court order or the rules, regulations or direction of any government, statutory or regulatory authority or securities exchange, provided that to the extent possible the Client shall first consult with TA as regards the substance and form of such disclosure prior to making the same.  For the purpose of this Clause, the term “Confidential Information” means any information which is proprietary and confidential to TA including but not limited to information concerning or relating in any way whatsoever to the marketing philosophy and objectives of TA, information relating to customer data base, any of the trade secrets or confidential operations, processes or inventions carried on or used by TA, any information concerning the organization, business, finances, transactions or affairs of TA, its dealings, secret or confidential information which relates to its business or any of its principals’, clients’ or customers’ transactions or affairs, its technology, designs, documentation, manuals, budgets, financial statements or information, accounts, dealers’ lists, customer lists, marketing studies, drawings, notes, memoranda and the information contained therein, any information therein in respect of trade secrets, or technology and information and material which is either marked confidential or is by its nature intended to be exclusively for the knowledge of the recipient alone.
  1. Representations and Warranties: The parties represent and warrant that:  (a) neither party has at any time taken any action, directly or indirectly, in breach of any applicable anti-bribery or anti-corruption law and is not, and has not been, under investigation for such an alleged breach; (b) neither party has, and will not, directly or indirectly, in connection with this Contract or in connection with any aspect of the event business, offer, promise or give any financial or other advantage to: (i) any third party, either to induce or reward the third party in connection with the improper performance of any activity connected with their business or employment or of their public functions, or where the acceptance of the financial or other advantage by the third party would constitute the improper performance of any activity connected with their business or employment or of their public functions; or (ii) any public official, or to any other person at the request, or with the assent, of such public official, in order to influence the public official in his official capacity, unless the public official is permitted or required to be influenced by such financial or other advantage in accordance with applicable laws and regulations, in order (in either case) to obtain or retain business or a business advantage, or to secure another improper benefit.
  1. Validity: If any provision is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision, and all other provisions hereof will continue in full force and effect.
  1. Limitation of Liability and Indirect, Consequential Damages: Any liability of TA for any liability, loss, damage, cost or expense however caused, suffered or incurred by the Client in connection with the Contract is limited to an amount equal to the fees paid to TA.  TA WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS), EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT.  
  1. Indemnity: The Client will jointly and severally indemnify, defend and save TA harmless against any and all loss or expense resulting from claims or suits or loss or damage based upon the contents or subject matter of such advertisements including, without limitation, claims or suits for libel, violation of right or privacy, plagiarism and copyright infringement;  
  1. Force Majeure: In addition to the above, each party shall not be liable for any claims, losses, damages, costs and expenses arising from any respective failure to perform its obligations if such failure results from a cause or causes beyond the reasonable control of either party, including government regulations, threat of terrorism, war, labour trouble, strikes, fire, natural disasters, risk of infection, quarantine orders and precautions, epidemic outbreaks, casualties or inability beyond such party’s reasonable control ("Force Majeure Event") except that Client shall be responsible for any costs and/or expenses incurred by TA up to the date of the Force Majeure Event (such as non-refundable security deposits), which shall be based on the date the affected party sends written notice that a Force Majeure Event will prevent the affected party from performing its obligations under this Agreement.
    The Client will jointly and severally indemnify, defend and save TA harmless against any and all loss or expense resulting from claims or suits or loss or damage based upon the contents or subject matter of such advertisements including, without limitation, claims or suits for libel, violation of right or privacy, plagiarism and copyright infringement;
  1. Amendment: We may amend any of these Terms and Conditions at our sole discretion by posting the revised Terms and Conditions on the Tatler Asia website.
  1. Governing Law and Jurisdiction:
    For Clients in Hong Kong
    ‍    This Contract shall be construed under and be governed by the laws of the Hong Kong SAR and the parties hereto must submit to the exclusive jurisdiction of the courts of Hong Kong.

    For Clients in Malaysia
    ‍    This Contract shall be construed under and be governed by the laws of Malaysia and the parties hereto must submit to the exclusive jurisdiction of the courts of Malaysia.

    ‍For Clients in the Philippines
    ‍    This Contract shall be construed under and be governed by the laws of the Philippines and the parties hereto must submit to the exclusive jurisdiction of the courts of the Philippines.

    ‍For Clients in Singapore
    ‍    This Contract shall be construed under and be governed by the laws of Singapore and the parties hereto must submit to the exclusive jurisdiction of the courts of Singapore.

    For Clients in Taiwan
    ‍    This Contract shall be construed under and be governed by the laws of Taiwan and the parties hereto must submit to the exclusive jurisdiction of the courts of Taiwan.

    ‍For Clients in Thailand
    ‍    This Contract shall be construed under and be governed by the laws of Thailand and the parties hereto must submit to the exclusive jurisdiction of the courts of Thailand.
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Version dated 27 November 2023.

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