Terms & Conditions
South Asia Archive is a product of the Informa Group. These Terms of Web Site Use and Supply and Use of Materials constitute (the “Terms”)
Welcome to the South Asia Archive. This page (together with the documents referred to on it) tells you the terms on which you may:
a. use the South Asia Archive website at www.southasiaarchive.com (the “Site”);
b. register as a user of the Site;
c. buy and We will supply or provide access to the Materials (as defined below) on the Site; and
d. make use of the Materials.
Please read these terms carefully before you start to use the Site or upload Material or content via the Site. You should understand that by using our Site or uploading any Material or content, you signify your acceptance of the Terms and that you agree to be bound by them. If you do not agree to these terms, please refrain from using or visiting the Site.
Part I - Using our Site
1. Information about Us
www.southasiaarchive.com (The "Site") is owned and operated by Informa UK Limited, trading as Taylor & Francis ("Informa", "Taylor & Francis" "We," or "Us") whose registered office is at 5 Howick Place London SW1P 1WG. We are registered in England and Wales under company number 1072954.
2. Site structure and the materials
The Site is made up of three different types of content, namely:
a. Marketing and information content which is freely available to all without registration, for example: general information about the collection and it’s aims and scope (“Marketing Materials”);
b. Material and content in a read-only format which is available to those users registered and trialling the South Asia Archive for example: a selection of the Premium Materials will be available so that users can attest to the depth and breadth of the Materials and see that the Materials are suitable for their research or teaching purposes (“Read-only Materials”)
c. Premium materials that are available to users who have purchased access to the Site and consist of a wide range of English and other language books, journals, reports, legislative documents and film related materials that have been digitised from their original form (“Premium Materials”).
The Marketing Materials, Read-only Materials and Premium Materials together comprise the "Materials."
Accessing the Site
Use of the Site is restricted to those aged 18 or over only. Anyone under the age of 18 may only use the Site if accompanied by an adult.
In addition to these Terms, use of and access to all Materials is subject to any applicable purchase agreement.
Whilst We will endeavour to ensure that the Site is normally available 24 hours a day, access to our Site is on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
If you are trialling the Site, you will be able to access the Read-only Materials but will not be able to download them, they will be available on a read-only basis to you. Your trial access is enabled for the period agreed between you and Us and access will cease and be disabled on the date agreed with our representative.
We are not under any obligation to update our Site as it is a closed database. We will announce any substantial additions, deletions or modifications of information, databases, materials, capabilities or services within the Site by its emailing service. These shall be subject to the terms and conditions of this Agreement at the time they are added to the Site, but shall not materially alter your use of the Site. If the need arises, We may suspend access to our Site, or close it indefinitely. In the event we can no longer provide you with access to the Site, We will deliver a local copy of the Site (content and database) to you at our cost using a delivery method of our choice.
You are responsible for making all arrangements necessary for you to have access to our Site and the Materials, including the arrangement and acquisition of software, hardware, and any necessary Internet connection and telecommunications equipment. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these Terms and that they comply with them and you also understand that you and not Us are responsible for all electronic communications and content sent from your computer to Us.
In the event you no longer wish to pay for access to the Site, your access will cease and be disabled on the date agreed with our representative.
If you have any queries whatsoever, please contact our South Asia Archive helpdesk by email at [email protected].
Viruses, hacking, and other offenses
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site or any part of it, the server on which our Site is stored, or any server, computer, or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service-attack.
By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or due to your downloading of any material posted on it, or any website linked to it.
Linking to the Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists and you must not establish a link from any website site that is not owned by you.
The Site must not be framed on any other Site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
Links from the Site
Where the Site contains links to other sites and resources provided by third parties, these links are for your information only. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The Site and the Materials are provided on an “as is” basis and We cannot guarantee the accuracy of any of the translations. Subject to the below, Informa excludes all liability whether in contract, tort (including liability for negligence), or otherwise for the suitability, accuracy, or fitness for any purpose of the Site and any Material and limits its liability for any other liability under these terms or any related agreement to the fees payable by you for the element of the Site or the Material found to be in breach of these terms.
Subject to the below We exclude all liability for loss of business revenue or profits, anticipated savings, or wasted expenditure, corruption, or destruction of data or for any indirect or consequential loss whatever.
Informa does not limit or exclude its liability for death or personal injury caused by its negligence or any other liability the limitation or exclusion of which is prohibited by law.
Save as expressly permitted in these terms, all warranties, conditions, or other terms implied by statute, common law, or otherwise are excluded by Informa to the fullest extent permitted by law.
You agree to indemnify Informa against any costs, claims, damages, or expenses arising from any use by you (including by authorized users as whose use is defined in paragraph 5 below) of the Materials under these terms which are brought or threatened against Informa by another person.
Information about you and your visits to the Site
Part II - Intellectual property and access and license types
3. Becoming a registered user and use of passwords
Access to certain areas of the Site will be restricted to registered users only. You can apply to become a registered user here.
No application to become a registered user will be accepted unless and until specifically stated by Us in writing and We reserve the right to refuse any application We receive.
If We do accept your application, We will provide you with a user name and password which you will need to enter to access certain parts of the Site. You must treat this information as confidential and you must not disclose it to any third party.
The acceptance by Us of an application to be a registered user does not grant you access rights to any Premium Materials unless and until We receive payment from you of any relevant fee.
You confirm that all the details supplied by you when you register are accurate and complete. You agree to notify the South Asia Archive helpdesk promptly of any changes. Should you make any significant change to your details, you must notify Us not less than ten (10) days before the change takes effect.
We reserve the right to disable any user name or password, whether chosen by you or allocated by Us at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
In order to operate your account you will be issued with a password. You are responsible for the security and proper use of your passwords and your account, including all charges incurred through them. You must inform the South Asia Archive helpdesk immediately if you have any reason to believe that any of your passwords have become known to someone not authorized to use them. If We reasonably believe that there is likely to be a breach of security or misuse of the service or your account, We may change your passwords immediately and will notify you accordingly.
4. Intellectual property rights
We are the owner or the licensee of all copyright, trademarks, design rights, database rights, confidential information, or any other intellectual property rights (together the "Intellectual Property") in the Site, the content and the Materials.
The Materials are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
5. Authorized use of the Site
Your right to access and use the Site and the Materials is strictly limited to that set out below and, where applicable, in any accompanying license agreement between you and Us.
a. Marketing and Read-only Materials
We grant you a limited license to access and make personal use (including permission to print off one copy, and to download extracts) of any page containing Marketing and/or Read-only Materials for your personal reference.
You must not modify the paper or digital copies of any Marketing or Read-only Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
This license does not include any derivative use of the Site or the Marketing or Read-only Materials, any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant. In the event that you wish to use the Materials or Site for text or data-mining, robots, or similar data-gathering and extraction tools please contact us to discuss terms. In the first instance contact the South Asia Archive helpdesk. In addition, you may not use meta tags or any other "hidden text" utilizing our name or the name of any of our group companies without our express written consent.
You must not use any part of the Marketing or Read-only Materials for commercial purposes without first obtaining a license in writing to do so from us.
Our status (and that of any identified contributors) as the authors of the Marketing Materials on our Site must always be acknowledged.
b. Premium Materials
In addition to the terms set out above, your use of any Premium Materials is subject to an additional standard access license you have entered into for the purposes of doing business with Us.
i. Access and usage rights for members of societies, institutions, and corporations
You may only access and use Premium Materials purchased by an institution, corporation, or society, if We have been notified by them that you are an authorized user.
If you are an authorized user of any such institution, society, or a corporation which has acquired access rights on your behalf, your use and access of the Site will be governed by the terms contained in any such institutional/corporate/society agreement signed by the corporation/institution/society of which you are a member, as well as these terms. By way of example, copies of template versions of these agreements may be available on www.southasiaarchive.com. However, the license signed by your particular corporation/institution/society may differ, so please speak to your librarian if you are unsure about whether your intended use is permitted under the terms of access we have granted to you.
Course Packs and Electronic Reserve
The terms of the standard access licence you entered into with Us relating to Course Packs does not apply to the South Asia Archive. The Premium Materials may be incorporated in Course Packs and Electronic Reserve collections (as defined below) without Our prior written consent. A link to the Premium Materials can also be incorporated in Electronic Reserve collections.
“Course Packs” are a collection or compilation of Premium Materials e.g. book chapters or journal articles, assembled by you for use by students in a class for the purposes of instruction. “Electronic Reserves” are electronic copies of Premium Materials e.g. book chapters of journal articles, assembled by you for use by students in a class for the purposes of instruction.
ii. Other terms and conditions
Your access to and use of the Premium Materials may be subject to additional terms and conditions as agreed by you and Us from time to time, except that any such obligations will not apply to any dispute between you and Us arising, or arising out of events occurring before the date of such additions.
Part III – Pages containing the Premium Materials
6. Use of the pages within the Site containing the Premium Materials and Content Standards
From time to time, we may operate interactive areas on the Site for the allowance of the submission of user generated key words and commentary which the user believes may enhance the existing Premium Materials (the "User Generated Materials").
By submitting User Generated Materials for the Site, you understand that you are making a voluntary contribution which shall be subject to our editorial review and used (or not) entirely at our discretion as indicated below. You acknowledge that you are giving Us a perpetual, irrevocable, royalty free- license to use the User Generated Materials. All User Generated Materials should be submitted via the online form on the Site.
By posting User Generated Materials you agree to abide by these Terms including but not limited to the Content Standards set out below.
You may also submit content contributions to the Premium Materials, for example if you are in possession of content to complete a journal series or book, please contact us to discuss via email at [email protected]. You warrant that you will only submit out of copyright material for consideration and that you are making a voluntary contribution.
7. Content Standards
These Content Standards apply to each part of a contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. Informa will determine, in its discretion, whether a contribution breaches the Content Standards.
Please do not:
- Make multiple contributions. So that We can publish comments from as many different people as possible, participants should keep their number of contributions per debate to a reasonable level. Multiple contributions from one individual, or small number of individuals, discourage many others who might otherwise wish to take part;
- Spam by reposting the same message, or very similar messages, more than once;
- Publicize or attempt to publicize anyone else's contact details or compromise anyone else's privacy in any way; and/ or
- Use any name other than your bona fide family name.
In addition, please do not submit contributions which:
- Are irrelevant and/or lower the value of the debate as these will not be posted;
- Include advertisements, promotions of products or services, or any third-party links;
- Are in any language other than English; and/or
- Are in full capital letters.
Furthermore a contribution must:
- Be accurate (where it states facts);
- Be genuinely held (where it states opinions);
- Comply with the law applicable in England and Wales and in any country from which it is posted; and/ or
- Be relevant.
A contribution must not:
- Be defamatory of any person and/or otherwise be unlawful or fraudulent, or have any unlawful or fraudulent purpose or effect;
- Be obscene, offensive, hateful, or inflammatory;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Disclose the name, address, telephone, mobile, or fax number, email address or any other personal data in respect of any individual;
- Infringe any copyright, database right, or trade mark of any other person;
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Be in contempt of court;
- Be likely to harass, upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person;
- Give the impression that the contribution emanates from Informa if this is not the case;
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism; and/ or
- Contain any advertising or promote any services or web links to other sites.
8. Breach of Content Standards
- Immediate, temporary, or permanent withdrawal of your right to use the Public Areas;
- Immediate, temporary, or permanent removal of any contribution already posted on the Public Areas;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; and/or
- Disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.
We exclude our liability for all action We may take in response to breaches of these rules. The actions described above are not limited, and We may take any other action we reasonably deem appropriate.
9. Grant of license in contributions and moderation policy
By submitting a contribution to the User Generated Materials, you agree to grant Informa a non-exclusive license to use that contribution and all Intellectual Property contained within it. Although you will still own the Intellectual Property in your contribution, Informa will have the right to freely use, edit, alter, adapt, create derivative works from, perform, play, reproduce, publish, and/or distribute the material contained in your contribution. This license will be free of charge, perpetual, and capable of sub-license. Informa may exercise all Intellectual Property and publicity rights in the material contained in your contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. You also agree to waive all moral rights in relation to your contribution for the purposes of the license set out above. If you are not willing or in a position to grant such a license to Informa, please do not submit the contribution.
Please also note that in accordance with the Content Standards set out in these terms, you must ensure that your contribution does not infringe any Intellectual Property right of any other person. By submitting your contribution, you are warranting that you have the right to grant Informa the non-exclusive copyright license described above and you indemnify us for any breach of that warranty. You also warrant to take such steps as may be necessary to give effect to the license granted above. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of the intellectual property rights.
If you wish to complain about any contribution posted, please contact our South Asia Archive helpdesk. We will then review the contribution and decide whether it complies with our Content Standards. We will deal with any contribution which, in our opinion, violates our Content Standards as described above. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
Part IV – Placing an order for the South Asia Archive
11. How the contract is formed between you and us
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to access the Read-only or Premium Materials. All orders are subject to acceptance by us, and we will confirm such acceptance to you by email containing a link to access.
The contract will only be formed when we have sent the email as stated above. The contract will only relate to the Read-only or Premium Materials whose dispatch we confirm in the relevant email. We will not be obliged to supply products or permit access to any other content which may have been part of your order until you receive an email specifically relating to it.
12. Availability and Delivery
Your order will be fulfilled within 72 hours unless there are exceptional circumstances.
13. Price and Payment
The price of any Premium Materials including any annual hosting fee will only be available upon application. Please contact our representative.
Prices are liable to change from time to time, but changes will not affect orders in respect of which we are already sent you an email confirmation.
14. Compliance with Local Laws
In the event that any duties or taxes are payable on the delivery of the Site content by Us to you, you will be responsible for the payment of such duties or taxes. If you have any concerns please contact your local customs office for further information before placing your order. Please note that you must comply with all applicable laws and regulations of the country in which the Site and Materials are being accessed and used. We will not be liable for any breach by you of any such laws.
15. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This communication does not affect your statutory rights.
You agree to keep confidential all information concerning the business or affairs of Informa. This does not apply to any disclosure required by a court or regulatory body of competent jurisdiction, trivial information, or information already publicly available or demonstrably in your possession at the time of disclosure (other than as a result of breach of any confidentiality obligation).
All notices given by you to us must be given to Informa by email to our South Asia Archive helpdesk. We may give notice to you at either the email or postal address you provide to us when placing your order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent or three days after the posting of a letter. In proving the service of any notice, it will be sufficient to prove in the case of a letter that such letter was properly addressed, stamped, and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
18. Transfer of rights and obligations
These South Asia Archive Terms are binding on you and Us and on our respective successors and assigns.
You may not transfer, assign, charge, or otherwise dispose of any of your rights or obligations arising under these terms or any such contract, without our prior written consent.
We may transfer, assign, charge, sub-contract, or otherwise dispose of any of our rights or obligations arising under these Terms or any contract arising related to your use of the Site, at any time.
19. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these South Asia Archive Terms is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If We fail, at any time, to insist upon strict performance of any of your obligations under any of these terms, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default and no waiver by Us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15. above.
If any of these South Asia Archive Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
These South Asia Archive Terms and any document expressly referred to in them (including but not limited to in particular any agreement referred to in clause 5 represent the entire agreement between Us in relation to the subject matter of any contract and supersede any prior agreement, understanding, or arrangement between Us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us prior to such contract, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
23. Our right to vary these terms
We have the right to revise and amend these South Asia Archive Terms or any clause contained within them from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system's capabilities except that such revisions or amendments do not apply to any dispute between you and Us arising, or arising out of events occurring, before the date of such revision or amendment.
You will be subject to the policies and terms and conditions in force at the time that you order products from Us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the Terms, unless you notify Us to the contrary within seven working days of receipt by you of the products).
24. Law and jurisdiction
This agreement shall be governed and construed in all respects in accordance with the Laws of England and Wales. You agree that the courts of England shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these terms or their formation. For these purposes each party irrevocably submits to the jurisdiction of the courts of England.