Terms and Conditions of Business
These Terms and Conditions are dated 12th February 2025.
Definitions:
Commencement Date: The date on which you complete the Online Form and tick the box online on recommendasian.co.uk confirming that you have read and accepted these terms and conditions of business, marking the commencement of these terms herein.
Further Term: a further automatic renewal term following any Initial Term
Initial Term: the period set out on the Online Form, subject to earlier termination in accordance with these terms and conditions.
Online Form: the online form accepted by the Client to ProfessionalAsian in accordance with these terms and conditions, to instruct ProfessionalAsian to conduct and perform the Services for the Client on these terms and conditions and to inform ProfessionalAsian which Membership Subscriptions package and/or ProfessionalAsian Directory package the Client has agreed to accept.
Term: The duration of these Terms and Conditions, which begins on the Commencement Date and continues for the Initial Term and any subsequent Further Terms.
Services: The services to be provided by ProfessionalAsian to the Client as set out in these Terms and Conditions and under the Membership Subscription.
Content: The content created by the Client on Facebook, approved by ProfessionalAsian and subsequently posted on the ProfessionalAsian Facebook Group, which may include posts, photographs, videos, written material, designs, or any other items produced by the Client. ProfessionalAsian has sole discretion on whether or not to approve or reject the Client’s Content for posting on the ProfessionalAsian Facebook Group.
Fee: The amount payable by the Client to ProfessionalAsian for the Services and/or Membership Subscription rendered under these Terms and Conditions.
Expenses: Any reasonable, pre-approved costs incurred by ProfessionalAsian in the provision of the Services, which may be reimbursed by the Client as set out in these Terms and Conditions.
Membership Subscriptions: The recurring fee paid by the Clients to ProfessionalAsian for the Premium, Elite or Legend packages, which includes various Services under these membership packages as set out in these Terms and Conditions.
Client: The individual or entity entering into these Terms and Conditions with ProfessionalAsian for the provision of the Services by accepting these Terms and Conditions and by completing the Online Form.
ProfessionalAsian: The service provider in these terms and conditions, RecommendAsian Ltd t/a ProfessionalAsian of 15 The Drive, Northwood, London, Middlesex, England, HA6 1HQ with company number: 10251879, responsible for providing the Services to the Client as outlined in these terms and conditions.
Third-Party Content: Content that is owned or controlled by a third party, which may be incorporated into the Services, subject to obtaining the necessary licenses and consents.
Intellectual Property Rights: Legal rights that protect the use and ownership of the Services and the Content, and other materials created during the provision of the Services, including copyrights, trademarks, and related rights.
Indemnification: The obligation of the Client to compensate ProfessionalAsian for any legal claims, losses, or damages arising from the Client’s violation of any third-party rights, intellectual property rights or unauthorised conduct in accordance with ProfessionalAsian’s Policies.
Data Protection Policies: The legal and regulatory framework under the GDPR Rules and the Data Protection Act 2018 that governs the collection, use, and sharing of personal data, which must be adhered to by both parties in the performance of these Terms and Conditions and which can be made available to the Client on request or found here: [www. ].
ProfessionalAsian Directory: A service provided by ProfessionalAsian which hosts a directory of businesses, accessible to the public via the website www.recommendasian.com allowing businesses and/or the Client to list their data and be searched by visitors to this website.
ProfessionalAsian Policies: The policies related to and belonging to ProfessionalAsian and are set out under Schedule 1 to these terms and conditions.
Directory Packages – Free Level: The membership level that grants businesses and/or the Client basic access to the ProfessionalAsian Directory without any additional services or promotional tools.
Directory Packages – Paid Level: A membership level that grants businesses and/or the Client enhanced features, including priority listings, additional promotional opportunities, and advanced analytics on directory engagement on the ProfessionalAsian Directory, available for a recurring monthly and/or annual fee as set out in these Terms and Conditions.
Stripe or Go Cardless: Are both payment processing platforms used by ProfessionalAsian to handle recurring monthly and/or annual payments for businesses subscribing to the Membership Subscriptions and/or Directory Packages – Paid Level. The Client expressly authorises ProfessionalAsian to collect their payments using either the Go Cardless and/or Stripe payment processing platforms.
Review: Feedback, reviews or comments submitted by users, individuals, businesses or clients about a listed business and/or the Client on the ProfessionalAsian Directory, which can be viewed by other users and the general public.
Challenge System: A process through which listed businesses and/or the Client can contest the authenticity or appropriateness of a Review posted on the ProfessionalAsian Directory. This system is designed to encourage constructive feedback and ensure the accuracy of the Review.
Website Terms and Conditions: The rules and guidelines governing the use of the ProfessionalAsian website, including the ProfessionalAsian Directory, which all clients must agree to comply with and which can be found here: [www. ]
Privacy Policy: A document outlining how ProfessionalAsian collects, uses, and protects personal data provided by businesses and/or the Client and/or users on the ProfessionalAsian Directory, which can be found here: [www. ]
Social Media Platform: This could be Facebook, X, YouTube, Instagram or TikTok.
Backend: The administrative side of the ProfessionalAsian Directory where business data is entered, stored, and managed before it is made publicly visible.
Frontend: The public-facing side of the ProfessionalAsian Directory where users can view business listings after the data has been verified and approved by ProfessionalAsian.
Force Majeure: A clause in these Terms and Conditions that releases both parties from liability for events for circumstances beyond their control, which may prevent the fulfilment of obligations.
Assignment and Other Dealings: A clause preventing either party from transferring or assigning their rights and obligations under these Terms and Conditions without prior written consent from the other party.
Entire Agreement: A provision stating that the written agreement represents the complete understanding between the parties, overriding any previous discussions or representations.
Variation: A requirement that any changes to these Terms and Conditions must be made in writing and signed by both parties.
Waiver: A provision stating that a party’s failure to exercise a right or remedy does not waive its ability to do so in the future.
Severance: A clause that ensures if any part of these Terms and Conditions is found to be invalid, the remainder of these Terms and Conditions still remains in force.
Notices: The procedures for providing formal notice under these Terms and Conditions, including delivery methods such as hand delivery, post, or email.
Business Day: A day on which banks are open for business in London, typically excluding weekends and public holidays.
For the purposes of these Terms and Conditions, a reference to writing or written includes email.
1 Commencement and Duration
- These Terms and Conditions commence on the Commencement Date and continue (unless terminated earlier in accordance with these terms) based on the terms set out below.
- This clause applies to all of ProfessionalAsian’s subscription packages, including the Membership Subscriptions and/or the Directory Packages :
(a) A subscription for a minimum three-month Initial Term, which will automatically renew at the end of each month for a further month (Further Term) unless and until terminated by the Client at any time prior to the expiry of the Initial Term or Further Term in writing to ProfessionalAsian. The Client shall remain liable to make payment to ProfessionalAsian for the entire Term if the Client provides notice to terminate during the period of the subscribed Term.
(b) A subscription for a 12-month Initial Term will automatically renew at the end of each 12-month term for a further 12-months (Further Terms) unless and until terminated by the Client at any time prior to the expiry of the Initial Term or Further Term in writing to ProfessionalAsian. The Client shall remain liable to make payment to ProfessionalAsian for the entire Term if the Client provides notice to terminate during the period of the subscribed Term.
- The Membership Subscriptions and/or Directory Packages automatically renew at the end of each billing cycle (monthly or yearly, depending on the selected plan). Clients are responsible for ensuring that payment details remain up-to-date to avoid service interruptions.
- ProfessionalAsian reserves the right to update any changes to any membership features, pricing, or terms with 30 days’ written notice to the Client.
- ProfessionalAsian’s obligations
- ProfessionalAsian agrees to:
- Perform the Services in a competent manner and to their reasonable skill and ability and comply with the Client’s reasonable instructions in connection with these Terms and Conditions.
- Not make any derogatory statement relating to the Client in public, online (including on the Social Media Platform), to the press or elsewhere.
- Perform the Services in accordance with the relevant Social Media Platform’s terms of use, the law, the CAP and BCAP advertising codes, the Competition and Markets Authority’s guidance on social media endorsements and all other applicable regulatory guidance, as updated from time to time.
- At the request of the Client remove posts on the ProfessionalAsian Facebook Group (on the condition that ProfessionalAsian is permitted to do so by Facebook) if any posts are derogatory to the Client and not a genuine Review of the Client’s services as soon as practicably possible. For the avoidance of doubt, this does not apply to any comments made on Facebook, the ProfessionalAsian Facebook Group, or any comments made on posts on the ProfessionalAsian Facebook Group.
- Fee and expenses
3.1 In consideration for provision of the Services, the Client will pay to ProfessionalAsian the Fee and the Expenses (if any), all of which are exclusive of UK VAT, if applicable as set out below.
3.2 ProfessionalAsian may submit invoices for the Fees and Expenses from time to time, plus UK VAT if applicable, to the Client for any additional Services outside of any membership packages or alternatively at their discretion, ProfessionalAsian will use Stripe and/or Go Cardless to collect payments without issuing any invoices. If an invoice is issued then the invoice shall include all reasonable supporting information required by the Client. The Clients shall pay each invoice due and submitted to it within 7 days of receipt.
3.3 The Client will be able to select the following Membership Subscription plans by completing the Online Form and by accepting these terms. The following Membership Subscription plans and Directory Packages sets out the Services to be provided under each plan and the fee the Client must pay:
Premium Membership
This Membership Subscription includes the following Services:
3.4.1 The Client is permitted to post the Content once a week on the Professional Asian Facebook Group;
3.4.2 The Client is permitted to attend quarterly networking events hosted by ProfessionalAsian (this does not include any separate additional paid events that do not form part of the membership package);
3.4.3 The Client will also benefit from the features of the Directory Packages – Paid Level membership; and
3.4.3 The Client is permitted to attend any online training sessions hosted by ProfessionalAsian.
Elite Membership
This Membership Subscription includes the following Services in addition to the Services provided under the Premium Membership:
3.4.4 The Client is permitted to attend a bi-annual dinner or event hosted by Professional Asian (this does not include any separate additional paid events that do not form part of the membership package);;
3.4.5 The Client is permitted to attend bi-annual Headshots hosted by Professional Asian;
3.4.6 The Client is permitted to participate in bi-annual Facebook Live events, whereby, ProfessionalAsian may post a story or post on the Client’s behalf involving the Client;
3.4.7 The Client is permitted to have a special tag on their ProfessionalAsian Facebook posts or comments, whereby, the Client may show up as an official collaborator on the ProfessionalAsian Facebook Group; and
3.4.8 The Client is permitted to have a post on ProfessionalAsian or Recommend Asian Instagram page as applicable from time to time.
Legend Membership
This Membership Subscription includes the following Services in addition to the Services provided under the Premium and Elite Membership:
3.4.9 The Client is permitted to attend a quarterly dinner or event hosted by Professional Asian (this does not include any separate additional paid events that do not form part of the membership package);
- The Client is permitted to attend quarterly headshots rather than a bi-annual headshot;
3.4.11 Quarterly Collaboration Reels;
3.4.12 The Client is permitted to participate in quarterly Facebook Live events rather than Bi-Annual Facebook Live events, whereby, ProfessionalAsian may post a story or post on the Client’s behalf involving the Client; and/or
3.4.13 The Client is permitted to attend one strategy session with Professional Asian’s team to enable them to plan their Content.
3.5 The Membership Subscription fees for each plan are as follows and are all inclusive of VAT:
Premium Membership: £100 per month / £1,000 per year
Elite Membership: £200 per month / £2,000 per year
Legend Membership: £400 per month / £4,000 per year
3.5.1 Payments are processed via Stripe or Go Cardless on a recurring basis in accordance with these terms. The Client authorises ProfessionalAsian to charge the applicable membership fee under clause 3.5 unless the Client or ProfessionalAsian cancel these terms in accordance with Clause 8.
3.5.2 ProfessionalAsian reserves the right to adjust pricing with at least 30 days’ notice. If the Client does not agree to the updated fees, they may cancel their membership before the next billing cycle.
4. Membership Package Rules and the Client’s Obligations
4.1 The Client will have the following obligations when posting on the ProfessionalAsian Facebook Group:
4.1.1 The Client is required to only post their Content once per week, starting from Sunday and ending on Saturday each week, on either the ProfessionalAsian Facebook Group or the RecommendAsian Facebook Group as applicable from time to time, with each post/Content made during the designated week. If the membership package permits the Client to post on RecommendAsian, then the Client is only permitted to post their Content twice per month starting from the first day of the month.
4.1.2 The Client cannot post their Content twice in any given week on the ProfessionalAsian Facebook Group.
4.1.3 All posts and/or Content must be about the Client’s own business and no other Content other than the Client’s own business is permitted. However, the Client is permitted to post about anything other than their business as permitted by the ProfessionalAsian’s Group Rules from time to time.
4.4 Networking Events and/or Dinners
4.4.1 Networking events and/or dinners will be scheduled for fixed dates and times to be determined solely by ProfessionalAsian and cannot be altered or changed by the Client.
4.4.2 Only one person representing the Client can attend these networking events and/or dinner.
4.5 ProfessionalAsian Website and Data Sharing
4.5.1 The Client agrees that their data will be shared with other clients, businesses, individuals or users, or the general public on the ProfessionalAsian website, ProfessionalAsian Facebook Group, or the ProfessionalAsian Directory. The Client agrees that ProfessionalAsian can use their personal data and business data for the purposes of fulfilling the Services.
5.5.2 Any data belonging to the Client that is shared will comply with the relevant data protection policies.
4.6 ProfessionalAsian Facebook Group Rules
4.6.1 The Client will not mention or promote any other networking groups, events or organisations within the ProfessionalAsian Facebook group.
4.6.2 The Client will not send unsolicited direct messages (DMs) to other ProfessionalAsian Facebook group members, users or the general public.
4.6.3 The Client will not tag or mention other colleagues or friends from within their other networking groups (for example, BNI) in posts or comments on the ProfessionalAsian Facebook group.
4.7 The Client will not promote any business that is deemed by ProfessionalAsian to be a Multi- Level Marketing (MLM) business. If the Client is a Multi-Level Marketing (MLM) business, then they must inform ProfessionalAsian immediately and ProfessionalAsian will then have the right to immediately terminate their agreement with the Client in accordance with these terms.
4.7.1 Multi-level marketing (MLM) advertisements, posts, or comments are strictly prohibited within the ProfessionalAsian Facebook group and on any other ProfessionalAsian platform.
4.8 Refund Policy
No refunds will be issued to the Client unless at ProfessionalAsian’s sole and absolute discretion.
4.9 Negative Posts
The Client will refrain from posting any negative or defamatory content regarding other users, guests, businesses, clients or members of the ProfessionalAsian Facebook group.
4.10 Accuracy of Information
4.10.1 The Client confirms that all the details that they have provided to ProfessionalAsian, including on the Online Form are true and accurate.
4.10.2 The Client must promptly update any changes to their details on the ProfessionalAsian website and is solely responsible for ensuring this is completed by them.
5. Intellectual Property Rights
5.1 The Client agrees that all intellectual property rights in:
5.1.1 All materials created by ProfessionalAsian in providing the Services (including, without limitation, any photographs, audio-visual content, artwork, graphics, designs, performance, and any other material protected by intellectual property rights) (“ProfessionalAsian Materials”); and
5.1.2 ProfessionalAsian’s pre-existing trademarks, service marks, logos, other materials connected with ProfessionalAsian’s brand, names (including nicknames and stage names), biography, signature, image, voice, and likeness (“ProfessionalAsian Assets”), shall vest in and remain the sole property of ProfessionalAsian at all times.
5.2 ProfessionalAsian grants the Client, for the Term, a non-exclusive worldwide licence to use, and to authorise others to use, ProfessionalAsian Materials and ProfessionalAsian Assets for the purpose of promoting ProfessionalAsian’s association with, and provision of Services to, the Client, including by using and promoting the Services on the Client’s own websites, social media pages, and other marketing and publicity material in any medium. ProfessionalAsian acknowledges that the Client is not responsible for third parties’ use of ProfessionalAsian Materials and ProfessionalAsian Assets or for their removal from media outside its control after the expiry of the Term.
5.3 The Client may provide materials to ProfessionalAsian in connection with the Services (“Client Materials”). The Client grants ProfessionalAsian, for the Term, a non-exclusive worldwide licence to use the Client Materials solely for the purpose of performing the Services. Other than under this licence and clause 5.6, ProfessionalAsian shall not acquire any right in or title to the Client Materials.
5.4 Any goodwill derived from the use of the Client Materials by ProfessionalAsian shall accrue to the Client. The Client may, at any time, call for a document confirming the assignment of that goodwill and ProfessionalAsian shall immediately execute it.
5.5 If either party wishes to include in the Services materials protected by intellectual property rights owned or controlled by third parties (“Third-Party Content”), it shall:
5.5.1 Identify such Third-Party Content to the other party and, in the case of ProfessionalAsian, not include such Third-Party Content without the Client’s prior written consent (save where it is so minor or incidental as not to infringe third-party rights).
5.5.2 Unless otherwise agreed by the other party on a case-by-case basis, secure any licences, consents, and waivers required for the use of such Third-Party Content by both parties as envisaged in these Terms and Conditions, including without limitation its incorporation in the Deliverables as posted on the Media, and provide evidence of its having done so on reasonable notice and request. Where such rights have been obtained, each party shall comply with any restrictions or conditions on the use of Third-Party Content notified to it by the party responsible for securing rights in it.
5.6 Each party may during and after the Term use any materials or Content approved by the Client for posting on the ProfessionalAsian Facebook Group or Social Media Accounts for: its own internal archiving purposes; industry awards; (in the case of the Client) for training, investor communications, and other internal and not primary advertising purposes; and (in the case of ProfessionalAsian) to promote its Services to other potential clients.
5.7 ProfessionalAsian recognises that the Client has the unlimited right to edit, copy, alter, add to, take from, adapt, and translate the Content and dub them into one or more foreign languages, and ProfessionalAsian irrevocably and unconditionally waives the benefit of their moral rights arising under Parts I and II of the CDPA and performer’s non-property rights arising under Part II of the CDPA and any similar laws of any jurisdiction in favour of the Client and all its licensees, sublicensees, assignees, and successors in title of or to the rights in the Content.
5.8 ProfessionalAsian shall not be liable under or in connection with these Terms and Conditions for any modifications, adaptations, or amendments to any Content made by the Client or by a third party on the Client’s behalf, nor for any fault, error, destruction, or other degradation in the quality of the Content which arises due to the acts or omissions of the Client.
5.9 The terms of this entire clause 5 shall survive termination of these Terms and Conditions for any reason.
5.10 Any Content created by the Client for use within the Membership Subscription Plans (e.g., ProfessionalAsian Facebook posts, networking event contributions, or collaboration content) remains the intellectual property of the Client.
5.11 By participating in the Membership Subscription Plans, the Client grants ProfessionalAsian a non-exclusive, royalty-free licence to use, display, and promote such Content within all of their Social Media Platform, including its website and social media pages.
5.12 The Client must ensure that they have the right to any Content that they submit to ProfessionalAsian, including photographs, and indemnify ProfessionalAsian against any claims arising from unauthorised use.
6. Warranties and Indemnities
6.1 The Client warrants, represents, and undertakes that:
6.1.1 It has full power and authority to enter into these Terms and Conditions and that by doing so it will not be in breach of any obligation to or right of any third party.
6.1.2 The Client Materials will not, when used in accordance with these Terms and Conditions, infringe the intellectual property rights or other rights of any third party.
6.1.3 It has, and shall maintain throughout the Term, product and public liability insurance, and/or professional indemnity insurance, against losses arising from any claims, actions, or damages which may arise as a direct or indirect result of any use of the Client’s products or services endorsed by ProfessionalAsian. The Client agrees to provide ProfessionalAsian with a copy of the policy on request.
6.1.4 The Content will comply with the relevant Social Media Platform’s terms of use, the law, and the CAP and BCAP advertising codes and all applicable regulatory guidance, as updated from time to time, and be accurate, truthful, and complete in all material respects.
6.2 The Client shall indemnify ProfessionalAsian against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, legal costs, and all other reasonable professional costs and expenses) suffered or incurred by ProfessionalAsian arising out of or in connection with any third-party claims or any action, adjudication, or decision taken against ProfessionalAsian by any regulatory body, in each case directly or indirectly arising (in whole or in part) out of any breach of clause 6.1.
6.3 The Client and ProfessionalAsian anticipate that these Terms and Conditions shall not constitute an employment relationship. ProfessionalAsian agrees to reimburse the Client (on an after-tax basis) any amounts the Client is required to pay to a tax authority in respect of income tax, national insurance contributions, or any like taxes, together with interest and penalties thereon.
6.4 ProfessionalAsian warrants, represents, and undertakes that:
6.4.1 They have the legal capacity and are free contractually to enter into and perform these Terms and Conditions and have not entered and will not enter into any professional, legal, or other commitment which would or might conflict with or prevent their doing so.
6.4.2 To the best of their knowledge and belief, ProfessionalAsian Assets and ProfessionalAsian Materials (excluding the Client Materials) are wholly original and their use in accordance with these Terms and Conditions will not infringe the intellectual property rights of any third party.
6.4.3 To the best of their knowledge and belief, ProfessionalAsian Assets and ProfessionalAsian Materials (excluding the Client Materials) will not contain any defamatory matter, breach any contract, law, or duty of confidentiality, infringe data protection rights, or constitute contempt of court or obscenity.
6.4.4 To the best of their knowledge and belief, ProfessionalAsian Assets and ProfessionalAsian Materials (excluding the Client Materials) will comply with the relevant Social Media Platform’s terms of use, the law, the CAP and BCAP advertising codes, the Competition and Markets Authority and CAP’s most recent guidance on social media endorsements, and all other applicable regulatory guidance, as updated from time to time.
6.4.5 To the best of their knowledge and belief, they have not used paid followers, bots, or other forms of technology to artificially inflate their follower numbers or make their posts appear more popular.
6.4.6 They have no obligation to keep the Client’s Content on any of their Social Media Platforms and have the sole discretion to delete the Client’s Content without notice to the Client and at any time after the Client has posted the Content on their Social Media Platforms.
7. Limitation of Liability
7.1 References to liability in this clause 7 include every kind of liability arising under or in connection with these Terms and Conditions, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution, or otherwise.
7.2 Nothing in these Terms and Conditions shall limit any liability:
7.2.1 Under clause 6.2 (Clients’s indemnity);
7.2.2 Which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation; or
7.2.3 For either party’s deliberate default.
7.3 Subject to clause 7.2 (uncapped liabilities):
7.3.1 Each party’s total liability to the other shall not exceed £1000.
7.3.2 Neither party shall have any liability to the other for:
7.3.2.1 Loss of profits or income;
7.3.2.2 Loss of sales or business;
7.3.2.3 Loss of agreements or contracts;
7.3.2.4 Loss of anticipated savings;
7.3.2.5 Loss of use or corruption of software, data or information;
7.3.2.6 Loss of or damage to goodwill; or
7.3.2.7 Indirect or consequential loss; and
7.3.3 ProfessionalAsian shall have no liability whatsoever for loss of publicity or loss of opportunity to enhance the Client’s reputation.
8. Termination
8.1 Without affecting any other right or remedy available to it, either party to these Terms and Conditions may terminate it with immediate effect by giving written notice to the other party if:
8.1.1 The other party commits a material breach of any term of these Terms and Conditions and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so.
8.1.2 The other party takes or has taken against it (other than in relation to a solvent restructuring) any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 8.1.2.
8.1.3 The other party suspends or ceases, or threatens to suspend or cease, carrying on business.
8.1.4 The other party’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of these Terms and Conditions is in jeopardy.
8.1.5 The other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing their own affairs or becomes a patient under any mental health legislation.
8.1.6 There is a change of control of the other party within the meaning of section 1124 of the Corporation Tax Act 2010.
8.2 On termination or expiry of these Terms and Conditions for any reason:
8.2.1 Without prejudice to its rights of set-off, the Client shall pay the ProfessionalAsian sums due under these Terms and Conditions up to the date of termination.
8.2.2 ProfessionalAsian shall, if requested by the Client, remove any and all posts concerning the Content from their Social Media Platforms as soon as practicably possible.
8.2.3 Each Party shall promptly deliver to the other Party (or dispose of as directed by it) all materials and property belonging or relating to the other Party and all copies of the same, to the extent that such Content is in the relevant Party’s possession or control, and it is practicable to do so.
9. Confidentiality and data protection
9.1 Each party undertakes that it shall not at any time during these Terms and Conditions, and for a period of 50 years after termination or expiry of these Terms and Conditions, disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 9.2.
9.2 Each party may disclose the other party’s confidential information:
9.2.1 To its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with these Terms and Conditions. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 9.
9.2.2 As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9.3 No party may use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms and Conditions.
9.4 Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 and the General Data Protection Regulation ((EU) 2016/679) as retained in UK law. This clause is in addition to, and does not reduce, remove or replace, a party’s obligations arising from such requirements.
9.5 The Client agrees that their information, including business details, emails and phone numbers, may be shared on the ProfessionalAsian Directory and within ProfessionalAsian’s Social Media Platforms as part of their membership services.
9.6 The Client must not disclose any confidential information obtained through their Membership Subscription Plan, including event discussions, collaboration details, or business strategies shared by other members.
10 ProfessionalAsian Directory – Hosting and Membership
10.1 ProfessionalAsian Directory Membership Options:
10.1.1 ProfessionalAsian offers access to the ProfessionalAsian Directory under two membership levels: Free Level and Paid Level. Both levels are subject to the terms and conditions set out in these Terms and Conditions.
10.1.2 The membership fees for the Paid Level will be communicated to the Client on a recurring monthly basis. The amount and payment schedule will be specified in the Online Form.
10.1.3 Payments for the Paid Level are processed through Go Cardless or Stripe and will be automatically charged on a recurring basis until the Client cancels the subscription, subject to the terms of cancellation set forth in these Terms and Conditions.
10.2 Services Included in the ProfessionalAsian Directory are as follows:
10.2.1 The Client at the Free Level will have access to basic features of the ProfessionalAsian Directory, which is limited to listing in the directory itself and without additional services or promotional opportunities.
10.2.2 Members at the Paid Level will have access to enhanced features, including the following:
(a) Additional description and information on their listing in the ProfessionalAsian Directory; and/or
(b) Access to advanced analytics on directory engagement.
10.3 Reviews and Challenges
10.3.1 ProfessionalAsian cannot be held responsible for the content or authenticity of any Reviews posted by clients or other users on the ProfessionalAsian Directory.
10.3.2 To encourage constructive feedback, ProfessionalAsian has implemented a challenge system, wherein reviews may be challenged by the client within a specified period if they believe the content is inaccurate or inappropriate. ProfessionalAsian will review such challenges in accordance with the terms set forth in the review policy.
10.3.3 ProfessionalAsian is committed to ensuring that their data in the ProfessionalAsian Directory is accurate. However, it is the responsibility of the Client to keep their profile information up to date and accurate at all times.
10.4 Website Terms and Conditions and Privacy Policy
10.4.1 Clients of the ProfessionalAsian Directory agree to comply with the Company’s Website Terms and Conditions and Privacy Policy, which are incorporated by reference into these Terms and Conditions. These documents outline the Company’s practices regarding the collection, use, and protection of personal data.
11 ProfessionalAsian Directory
11.1 Hosting and Access
11.1.1 The ProfessionalAsian Directory is hosted on recommendasian.com and is accessible to the public.
11.1.2 Businesses may input their own data into the ProfessionalAsian Directory system or request ProfessionalAsian to do so on their behalf.
11.1.3 Business data entered into the system will be visible on the backend but may not be displayed on the frontend until verified by ProfessionalAsian.
- Data Protection
11.2.1 All data provided by businesses will be processed in accordance with ProfessionalAsian’s Data Protection Policy, the UK GDPR, and the Data Protection Act 2018.
11.2.3 Businesses are responsible for ensuring that any data they submit is accurate, lawful, and does not infringe on third-party rights.
11.3 Reviews and Challenge System
11.3.1 The ProfessionalAsian Directory includes a review section where users can leave feedback on listed businesses.
11.3.2 Businesses have the right to challenge reviews by submitting a formal request to ProfessionalAsian, stating the reasons for the dispute. ProfessionalAsian reserves the right to remove or retain the review at its discretion.
11.4 Disclaimers
11.4.1 ProfessionalAsian does not endorse, verify, or guarantee the accuracy of any information provided by businesses in the ProfessionalAsian Directory. Listings are provided for informational purposes only.
11.4.2 ProfessionalAsian is not liable for any interactions, transactions, or disputes between businesses and users arising from their presence in the ProfessionalAsian Directory.
11.4.3 The ProfessionalAsian Directory may contain third-party content, and ProfessionalAsian is not responsible for any errors, omissions, or misrepresentations contained therein.
12 General
12.1 Force majeure
Neither party shall be liable for any delay or failure in the performance of its obligations for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 60 days, the party not affected may terminate these Terms and Conditions by giving not less than 60 days’ written notice to the affected party.
12.2 Assignment and other dealings
Neither Party shall assign, novate, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms and Conditions without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).
12.3 Entire agreement
13.3.1 These Terms and Conditions constitutes the entire agreement between the parties.
13.3.2 Each party acknowledges that in entering into these Terms and Conditions it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Each party agrees that it has no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in these Terms and Conditions.
12.4 Variation
No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12.5 Waiver
13.5.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
13.5.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
12.6 Severance
12.6.1 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.
12.6.2 If any provision or part-provision of these Terms and Conditions is deemed deleted under clause 12.6.1, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.7 Notices
12.7.1 Any notice given to a party under or in connection with these Terms and Conditions shall be in writing and shall be:
(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at the address specified in the Contract Details or such other address as that party may have specified to the other party in writing in accordance with this clause;
(ii) sent by email to the following addresses (or an address substituted in writing by the other party to be served):
ProfessionalAsian: zamiha@professionalasian.co.uk
12.7.2 Any notice shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address.
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am; or
(iii) if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
12.7.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
12.7.4 For the purposes of this clause, a Business Day shall mean a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. Business Hours shall mean the period from 9.00 am to 5.00 pm on any Business Day.
12.8 Third party rights
12.8.1 Unless it expressly states otherwise, these Terms and Conditions does not give rise to any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
12.8.2 The rights of the parties to rescind or vary these Terms and Conditions are not subject to the consent of any other person.
12.9 Governing law
These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
12.10 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.