TERMS OF USE
Last update: 18 of March, 2021.
GENERAL
o These terms and conditions (“TERMS”) shall govern the relationship between you and us, whereby we
provide a demand-and-supply platform via our website
www.leadsbasket.com (the “PLATFORM”) through which you can either purchase leads as a buyer, or sell
leads as a seller, both under the principle of ask and bid
(the “SERVICES”).
o Where used in this Agreement, references to “you” and/or “your”
means the individual or entity which applied to use our Platform
and/or Services, and “we“, “our“, “us” means Affilomania Ltd. and,
as applicable, any of its directors, officers, shareholders,
employees, advisors, contractors, subsidiaries and any of its
affiliated corporate entities.
o You must read, agree with and accept all of the Terms contained in
these Terms without modifications before you may access and/or
browse and/or register and/or use the Platform and/or the Services.
If you do not agree to be bound by these Terms do not use or access
the Services. Your continued use of the Services represents your
consent to be bound by these Terms.
2. DEFINITIONS
In these Terms, the following words and phrases shall (unless the
context otherwise requires) have the meanings set out beside
them:
• “ACCOUNT” shall mean a personal account opened by any user solely to enable
the use of the Services and/or Platform.
• “BID” means the price offer for a specific leads Bid request between the
users.
• “BUYER” shall mean any user who is buying traffic by Bidding his maximum
price per lead.
• “CONSIDERATION” is the amount due and payable to us, as calculated based solely on
our system’s data and in accordance with the terms of this
Agreement.
• “CPL” shall mean the Services provided will be measured and based on a
cost per lead pricing model basis.
• “ILLEGAL ACTIONS” shall mean illegal, unlawful, fraudulent, improper activities, as
well as breaking into the Platform or attempting to do the same.
• “RTB” means the real-time bidding technology which enables the operation
of the real-time bidding auction system, throughout which the Bid
offered for specific leads’ is determined through a real-time
bidding application programming interface via our Platform.
• “SELLER” shall mean any user who is selling (sending) traffic and has a
minimum price per lead.
3. THE SERVICES
o We intend to offer you a limited right to use the Platform and
receive the Services and you acknowledge that the scope and level of
the Platform and Services may be reduced or adjusted by us if and to
the extent necessary to make the Services compliant with applicable
law and/or with our policies should and/or as they come into
effect.
o The Platform shall be hosted on servers operated by us where we
will be the sole administrators of the servers and you shall not
have access to the servers. We will have access to the data
concerning you and your activity via the Platform.
o We do not warrant that the Platform will be free from error or
that access to the Platform will be uninterrupted throughout the use
of the Services. We do not warrant that the Platform will meet any
special requirements of condition, quality, performance,
merchantability or fitness for any purpose of yours, or that the
Platform will generate particular revenues or profits for you.
o The Buyers shall be requested to bid a maximum CPL for every
campaign on the Platform (“Max CPL”) and the sellers will choose an
offer to promote from an offer list. Each offer states the minimum
CPL that the seller will get for each lead coming from the offer
they selected to promote
o You warrant and undertake that: (i) you will be solely responsible
for any and all of the leads which you choose to Bid on through the
Platform and will meet all the specifications required of you in
order to participate in the RTB (ii) you will indemnify and hold us
harmless against any inquiries raised by any third parties in
regards to the Platform and/or the Services; (iii) you will hold
harmless and indemnify us in the event that the Platform for any
reason rejects, refuses, removes or blocks any Bid at any time if it
is determined, for any reason, that you do not comply with the best
industry standards.
o We warrant to you that we maintain robust security practices to
guard against the introduction of viruses, Trojan horses, disabling
code, malware or similar hostile items into the Platform and/or
Services. We are in contract with a third-party facilitator that is
compliant with Payment Card Industry Data Security Standard (PCI
DSS) which executes for us the acquiring and payment methods of
processing card payments, wire transfers and other alternative
payment methods. We do not store cardholder data transmitted through
our network at any point.
o We are not obliged in any way to provide any further services
beyond the aforementioned. Nevertheless, every service provided by
us beyond the
aforementioned will be provided according
to our sole discretion.
4. MEMBERSHIP ELIGIBILITY
o The Services are available to and may only be used by individuals
or entities who can form legally binding contracts under the law
applicable to them. Without limiting the foregoing, the Platform
and/or the Services are not available to persons under the age of 18
(“Minors“). If you are a Minor, You may
not use the Platform and/or the Services; your continued use of the
Platform and/or the Services constitutes your representation that
you are not a Minor.
o We reserve the right (but are under no obligation) to request
proof of age at any stage, to verify that you are not a Minor. For
avoidance of doubt, we shall not be responsible for any unauthorized
use by Minors of the Platform and/or the Services in any way or
manner.
o You understand that laws regarding financial contracts, services
and products vary throughout the world, and it is your obligation
alone to ensure that you fully comply with (and do not violate) any
law, regulation or directive, relevant to you and your use of the
Platform and/or the Services. By using the Platform and/or the
Services you warrant and represent that you confirm that such use
complies with all laws, regulations and directives relevant to the
use of the Platform and/or Services.
o For avoidance of doubt, the ability to access the Platform and/or
the Services does not necessarily mean that your activities via the
Platform and/or your use of the Services are legal under the laws,
regulations and directives relevant to you. For the avoidance of
doubt, it is hereby clarified that we make no representations or
warranties, expressed or implied, that your use of the Platform
and/or the Services is lawful.
o Without derogating from the above, we reserve the right, at our
sole discretion, to deny access to the Platform and Services to
anyone as we deem fit.
5. REGISTRATION INFORMATION AND REQUIREMENTS
o In order to register to the Platform
and the Services you must fill in the information on the sign-up
page and click on the “Continue” button on the bottom of the page.
For the avoidance of doubt, we reserve the right, at any point in
time (whether prior to completion of the registration or
afterwards), to refuse to open an Account for you, to suspend or
cancel your Account and exclude you from using the Platform and/or
the Services if you fail to comply with any term or condition of
these Terms and all rules and guidelines of the Service or if we
believe, at our sole discretion, that you have abused these Terms in
any way or acted in bad faith.
o You are responsible for securing your username and password for
your Account, and you shall not transfer them to any third party. We
are under no obligation to maintain your
user name and password.
o You agree to provide true, accurate, current and complete
information about yourself during the registration process. The
information shall include, but may not be limited to:
• BUYER INFORMATION
• Full name, email address, country of residence, city, street, ZIP
code, phone number, billing address or email;
• If an entity then company name, incorporation number, industry,
city, street, ZIP code, billing email address.
• Credit card information – Card number, expiration date, CVV, full
name on card.
• SELLER INFORMATION
• For bank transfer – Full name or company name, country, email,
bank details including bank name, SWIFT, IBAN/account number, city,
street, country.
Or
(2) For Payoneer account transfer – Account holder’s name, account
number, bank name, routing number, sort code.
• You agree not to impersonate any person, misrepresent any
affiliation with another person, entity or association, use false
headers or otherwise conceal your identity from us for any purpose.
You shall notify us immediately upon any change in any of the
details you provided to us.
6. PAYMENTS AND REPORTS
o You may deposit funds into your Account any time
during the course of this Term. Deposits
will be accepted by bank transfer, credit card, or any other method
of electronic money transfer acceptable by us from time to time. We
shall credit your Account within two business days after the amount
is cleared by our bank.
o A withdrawal by you to a bank account where initial deposits have
been performed by credit cards will be executed back to the same
credit card or refunded to the same bank account that the funds were
originally received from. Withdrawals will only be
effected towards you; we will not to
effect withdrawals to any other third party or anonymous account
o IF BUYER:
• In order to buy leads on the Platform you must add funds to your
Account. It is hereby clarified that we reserve the right not to
allow you to submit Bids or complete purchases of leads in excess of
the funds you have deposited in your Account. Your Account balance
will remain visible to you at all times when logged into the Account
and you will be able to request a refund of your relevant balance
via the Platform.
• We may, from time to time and at our discretion, add gift funds to
your account. Gift funds will be added to a separate balance “gift
balance”. In case a refund is requested by you (for the whole amount
left in your account or part of it), the gift balance will reset to
0 first and you shall receive refund for the regular balance
only.
• When buying a lead on the Platform you will have full visibility
to the purchase report that will display a description of the lead
you purchased and the final sale price deducted from your Account
balance for the said purchase. You understand that the Consideration
will be inclusive in the final sale price deducted from your Account
balance.
• IF SELLER:
• The payment will be executed by us on a monthly basis or
according to a different payment plan that is agreed upon with you,
by way of wire transfer or Payoneer based on your preference which
you must communicate to us.
• Your Account balance will remain visible to you at all times when
logged into the Account You will have full visibility to the sale
report that will display details of the lead sold and the final sale
price inserted to your Account for the sale. You understand that the
Consideration will be inclusive in the final sale price.
7. USE OF THE PLATFORM AND/OR SERVICES
While using the Platform and/or Services, you hereby, represent,
warrant and acknowledge that:
• We hereby grant you, and you hereby accept a personal,
non-transferable, non-exclusive license to use the Platform in order
to utilize the Services, as they are provided to you by us, in the
manner permitted by these Terms.
• You acknowledge that any interaction between yourself and any
third party with respect to the Platform and/or Services forms an
agreement or engagement directly between you and any such other
third party, including but not limited to the Buyers and/or Sellers,
and this does not in any way create, form or indicate any sign of
connection, liability, endorsement, authorization, sponsorship or
affiliation on our behalf with respect to any such third parties.
• You hold full and sole responsibility for any loss or damage
caused due to any act or omission by you or any third party as a
result of inappropriate, irregular or unauthorized use of your
Account. Without derogating from the above, you must inform us
immediately of any unauthorized use of your Account.
• Your conduct shall be respectful at all times and you undertake
not to harass any third party and/or any of us.
• You will use the Platform and/or the Services in good faith
towards us and others using the Platform and/or Services, and third
parties which you engage / conduct yourself with in respect to the
Platform and/or Services, and you shall not access or attempt to
access the Platform and/or data and/or materials by any means other
than the interface provided by us, or use the Platform in any manner
that could damage, disable, overburden, or impair any of our servers
or the networks connected to any of our servers.
• You shall not attempt to violate, circumvent or breach any data
security, authentication procedures, accounts, passwords, servers,
networks measures, all which are employed by us or by any third
party and/or use restrictions put into place by us to prevent
certain uses of the Platform.
• You shall not access the Platform while not logged onto the
Account and/or log into, or attempt to log into, a server or account
which you are not authorized to access.
• You shall not attempt to scan or test the vulnerability of our
servers, system or network and/or interfere with the Platform and/or
the Services, by any means including, without limitation, hacking
our servers or systems, submitting a virus, overloading,
mail-bombing or crashing.
• You shall not decipher, decompile, disassemble, reverse engineer
or otherwise attempt to derive any of the source code or underlying
ideas or algorithms of any part of the Platform and/or Services;
• You shall not reproduce, sell, trade, resell or exploit for any
commercial purpose, any, use of the Platform and/or Services.
• You shall not use any "LeadsBasket" or "Affilomania" trademark,
URL, product name or logo in any way that incorrectly suggests our
affiliation with or endorsement of any person, entity, product or
service; or use any other trademarks, service marks, trade dress,
designs or logos that are confusingly similar to any "Leadsbasket"
or "Affilomania" trademark, product name or logo or to the look and
feel of the Services.
• We may, at our sole discretion, open, maintain and/or close your
Account, and such a decision or any other decision by us in
connection with the Platform and/or the Services shall be final and
not subject to dispute or appeal.
• You hereby acknowledge and accept that the Platform and/or
Services may be supplied, in part or in whole, by third parties and
you waive any and all claims against us in respect of the provisions
of the Platform and/or the Services by any such third party.
• You will not copy, distribute, republish, upload, post or transmit
any materials appearing on the Platform for any other purpose than
your use of the Platform and/or the Services.
• You will not use the Platform and/or the Services for any purpose
that is unlawful, tortuous, abusive, intrusive on another’s privacy,
harassing, libelous, defamatory, embarrassing, obscene, insulting,
threatening, hateful, defamatory, slanderous, racist, any vulgar
form of expression, in relation with money laundering, financing
terror any other prohibited activity, and/or compromise security or
tamper with system resources and/or accounts. If you become involved
in any violation of system security, we reserve the right to release
your details to system administrators at other sites in order to
assist them in resolving security incidents.
• The Buyer acknowledges that the information about the leads
purchased thereby is being transferred and sold to the Buyer after
the leads have agreed that businesses operating in the Buyer's field
will contact them for the purpose of offering their services in this
field and accordingly, the Buyer undertakes to use the information
about the leads solely for this purpose. To the extent that in the
context of the contact that the Buyer will make with the leads there
is no engagement between any of the leads and the Buyer, then the
Buyer undertakes to delete the information of the leads completely
from the Buyer's records and not make any use of it or contact the
leads in any manner. Notwithstanding the foregoing, any use the
Buyer makes of the information about the leads beyond the offering
of the Buyer's services, whether there is an engagement between the
Buyer and any of the lead or not, will be made after the Buyer has
established its eligibility to the use the information in accordance
with the applicable privacy and data protection laws, including by
obtaining the consent of, and providing disclosure to the leads, as
required by applicable privacy and data protection laws.
• The Seller declares
that the Seller has collected the information about the leads and
sell such information to the Buyers as part of the Services in
accordance with the requirements of the applicable privacy and data
protection laws. Without derogating from the generality of the
above, the Seller declares that the Seller has obtained the
necessary consents from, and given the necessary disclosures to, the
leads whose details are being sold to the Buyers, in a manner that
allows the Buyers to contact them and offer them their services in
accordance with the requirements the applicable privacy and data
protection laws.
8. RISK DISCLOSURE
o You agree to use the Platform and the Services at your own risk
and we are not responsible in any way for any acts or omissions nor
for your acts or omissions, and you agree that under no
circumstances will you hold us liable for any loss or damage caused
by use of or reliance on any of the Services and/ or the Platform.
You hereby acknowledge that you will bear sole responsibility for
any losses caused, directly or indirectly, to you and/or by you,
with respect to any activity on the Platform and/or Services. For
the avoidance of doubt under no circumstances for whatever reason
will we bear any responsibility and/or liability with respect to
your use of the Platform and/or the Services and/or your activity or
omissions on the Platform and/or Services and/or the activity or
omissions of the Buyers and/or Sellers.
o Furthermore, you acknowledge and consent that your use of the
Platform and/or Services is done without you relying on any
information contained in this Platform or provided by us. You
acknowledge and warrant that you shall bear sole responsibility for
any decision made and/or to be made by you relying on the content of
the Platform and/or Services and/or information provided by us.
o Without derogating from the above, we shall not be responsible for
verifying and/or checking whether you possess such sufficient
knowledge and/or experience nor shall we be responsible for any
damage and/or loss incurred by you due to and/or related to the
Platform and/or the Services and/or or anything in respect of your
activity and/or relationship with any third party, and/or any
transactions carried out by you with respect to any third party. We
shall not be held liable for any claim, loss or damage of any kind
allegedly caused by information presented on the Platform or
referred to by the Platform.
9. LINKS
We may provide links to other sites that are controlled or offered
by third parties. Such link to a site or sites is not an
endorsement, authorization, sponsorship or affiliation with respect
to such site, its owners or its providers. We have not reviewed any
or
all of such links or sites and are not
responsible for any of the content of those sites. We caution you to
ensure that you understand the risks involved in using such sites
before retrieving, using, relying upon or purchasing anything via
these sites. Links to these websites are provided solely for your
convenience, and you agree that under no circumstances will you hold
us liable for any loss or damage caused by use of or reliance on any
content, goods or services available on other sites.
10. CANCELLATION OF SERVICES
o We reserve the right to cancel, terminate, modify or suspend the
Services and/or the Platform and/or your registration to the
Platform if for any reason, where we have cause to believe that your
activities may be illegal or any instance where one or more actions
via the Platform are judged by us to have been performed in
violation of these Terms.
o We reserve the right to cancel, terminate, modify or suspend the
Services and/or the Platform if for any reason, the Services and/or
the Platform cannot be conducted as planned, including infection by
computer virus, bugs, tampering or unauthorized intervention, fraud,
technical failures or any other causes beyond our control.
11. LIMITED LIABILITY
o You acknowledge and consent that under no circumstances for
whatever reason will we bear any responsibility and/or liability
with respect to your use of the Platform and/or the Services and/or
engagement and/or activities and/or financial matters with any third
parties, including but not limited to, your conduct and/or
engagement with any of the Buyers or Sellers. You acknowledge and
agree to waive and hold us harmless for any losses caused, directly
or indirectly, to you and/or by you and/or to any other third party,
with respect to the Platform and/or the Services and/or any activity
you have with any third party, including but not limited to, any
Buyers and/or Sellers. You acknowledge and warrant that you shall
bear sole responsibility for any decision made and/or to be made by
you relying on the content of the Platform and/or the Services
and/or information provided by us and/or anyone on our behalf.
o We assume no responsibility for any error, omission, interruption,
deletion, defect, technical fault, delay or error in operation or
transmission, bugs, viruses, communications line failure,
malfunction, illegal intervention in network equipment, network
overloads, viruses, system errors, malicious blocking of access by
third parties, internet malfunctions, interruptions, theft or
destruction or unauthorized access to, or alteration of, the
Platform and/or Services.
o We are not responsible for any problems or technical malfunction
of any telephone or network lines, computer online systems, servers
or providers, hardware, software, failure due to technical problems
or traffic congestion on the internet (or inaccessibility of the
internet) or incompatibility between the Platform and/or Services
and your browser and/or any other site accessing program. We make no
representations about the suitability, reliability, availability,
timeliness and accuracy of the Services. All Services are provided
“as is” without warranty of any kind. We hereby disclaim all express
or implied warranties with respect to the Platform and Services,
including but not limited to, warranties and conditions of
merchantability, satisfactory quality, fitness for a particular
purpose, completeness or accuracy, non-infringement of intellectual
property rights or privacy rights and/or third party rights and/or
applicable laws and/or regulations and/or directives, or that the
Platform and Services will be uninterrupted, timely, secure or error
free.
o To the maximum extent permitted by applicable law, under no
circumstances shall we be responsible for any loss or damage
resulting from your use of the Platform and/or Services and/or from
any content posted on or through the Platform and/or Services or
from the conduct of any users of the Platform and/or Services,
whether online or offline. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of
data input and output, and for maintaining a means external to the
Platform for the reconstruction of any lost data. We do not assume
any responsibility or risk for your use of the internet.o We reserve
the right to fully cooperate with any law enforcement authorities or
court order requesting or directing us to disclose the identity of
anyone taking any actions and/or omissions that are believed to
violate these Terms.
o In no event shall we be liable to you and/or anyone on your
behalf, including but not limited to any of the Buyers and/or
Sellers who you are in contact with, for any damages whatsoever,
including without limitation direct, indirect, incidental, special,
punitive or consequential damages, loss of profit, revenue and/or
data incurred by you or any third party, whether in an action for
contract, tort or any other legal theory, arising out of or in
connection with the access and/or use of the Platform and/or
Services, including but not limited to the quality, accuracy, or
utility of the information provided as part of or through the
Platform and/or Services or for any decisions made on the basis of
such information, whether the damages are foreseeable and whether or
not we had been advised of the possibility of such damages.
o Without derogating from the generality of the above, you
acknowledge that we are not party to the sale or purchase of leads
as part of the Platform but only operate the Platform through which
these transactions happen. Accordingly, you undertake not to raise
against us any claim or demand in case that a lead or any other
third party raises a claim or demand against you in connection with
the use of the information about the lead, or the sale thereof, by
the seller or buyer.o By accepting these Terms you waive and hold us
harmless from any claims resulting from any action taken by us
during and/or as a result of our investigations and/or from any
actions taken as a consequence of investigations by either us or law
enforcement authorities.
12. ANTI¬-SPAM
o We prohibit the use of the Services and/or Platform in any manner
associated with the transmission, distribution or delivery of any
unsolicited bulk or unsolicited commercial e¬mail (“Spam”). You are
not permitted to use the information of any leads in a way contrary
to the terms of these Terms and you are forbidden to resell the
leads and/or to add any leads to Spam lists.
o We in no way authorize the harvesting, mining or collection of
e¬mail addresses or other information from or through the Services.
We do not permit or authorize others to use the Services and/or the
Site to collect, compile or obtain any information about our users,
including but not limited to subscriber e¬mail addresses, which are
our confidential and proprietary information and property.
o We do not permit or authorize any attempt to use the Services
and/or the Platform in a manner that could damage, disable,
overburden or impair any aspect of any of the Services, or that
could interfere with any other party’s use of any Service and/or of
the Platform.
o If we believe that unauthorized or improper use is being made of
our Platform and/or Services, we may, without notice and at our sole
discretion, take such actions as we deem appropriate, which may
include but are not limited to, blocking messages or access to our
Platform and/or Services from a particular internet domain, mail
server or IP address. We may immediately terminate any account on
any Service which we determine, in our sole discretion, to be
transmitting or otherwise connected with any e¬mail that violates
these Terms.
13. INTELLECTUAL PROPERTY
All content, trademarks, services marks, trade names, logos, icons
any other intellectual property connected to the Platform and/or
Services, and any other domain owned, operated, licensed, or
controlled by us, and the Platform and/or Services (the “IP Rights“)
are our sole and exclusive property, and we retain all right, title,
and interest in the IP Rights. You agree that you will not acquire
any rights whatsoever in the IP Rights and you agree that no IP
Rights are transferred to you by access to our Platform and/or
Services or in any other way.
14. INDEMNIFICATION
You agree to defend, hold harmless and indemnify us from and against
any and all claims, liabilities, damages, losses, fines, sanctions,
costs and expenses, including without limitation attorney fees and
costs, arising out of or in any way connected with (i) Your access
to or use of the Platform and/or Services; (ii) Your violation of
any of the terms of these Terms; (iii) Your breach of any applicable
laws, regulations or directives; (iv) Your interaction and/or
activities and/or omissions with any third parties whatsoever,
including but not limited to, the Buyers and/or Sellers.
15. TERM AND TERMINATION
o These Terms shall remain in force until terminated by you or by
us. We may terminate these Terms and your Account with immediate
effect by providing you with a termination notice; you may terminate
these Terms with immediate effect by providing us with a termination
notice. As of termination, you shall cease accessing the Platform
and using the Services. Upon termination, we, at our sole discretion
and with or without notice, may terminate your access to any or all
Services, and remove and discard any information or content related
to you.
o Termination of these Terms shall not affect any of the provisions
herein which are expressly or by implication intended to come into
force or continue in force on or after that termination.
16. DISPUTES
o The Buyer can submit a dispute claim through our Platform in any
case where the Buyer is unable to use the purchased lead for any of
the following reasons: (i) the purchased lead stated that he or she
has provided his or her details for the purpose of receiving a
service in a field different than the field of the Buyer; (ii) the
phone number or email address of the lead is invalid; or (iii) the
purchased lead stated that he or she has not consented to the
transfer of his or her details to the Buyer. The dispute shall be
submitted within 3 business days from the receipt of the purchased
lead by the Buyer. The dispute shall be determined by our dispute
resolution representatives within fourteen (14) working days once
the dispute is submitted, and in the event that the dispute is found
in favour of the Buyer then we may deduct from the Seller’s account
the final sale price and refund the Buyers Account the final price
sale. Submission of disputes shall be made using the mechanism
included in the Buyer's dashboard in the Platform.
o It is hereby clarified that the dispute resolution mechanism
proposed through the Platform as set forth above is intended to
assist the Buyers in resolving disputes of leads and for their
convenience only, and that we are not a party to any such dispute
and that we will not bear any responsibility whatsoever for such
disputes.
17. CUSTOMER SUPPORT
o You may contact us in connection with anything related to the
Platform and/or the Services at any time via our customer support at
leadsbasket.com and/or via Email at support@leadsbasket.com
o Any communication with our customer support will be handled with
the utmost care and without any delay. For such purpose, we will
contact you via the contact details provided to us, and you hereby
provide your consent for such contact.
18. MISCELLANEOUS
o These Terms shall be governed by and interpreted in accordance
with the laws of Israel excluding that body of law pertaining to
conflict of laws Any legal action or proceeding arising under these
Terms will be brought exclusively in courts located in Tel Aviv, and
the parties hereby irrevocably consent to the personal jurisdiction
and venue therein.
o In the event that any provision in these Terms is held to be
invalid or unenforceable by a court of competent jurisdiction, the
remaining provisions of these Terms will remain in full force and
effect and will be interpreted so as to give effect, to the fullest
extent possible, to the purpose of that provision.
o The failure or delay on our part to enforce any right, power,
remedy or provision of these Terms, or partial exercise of such
right, power, remedy or provision will not be deemed a waiver of
such right, power, remedy or provision.
o We shall be entitled, at our sole discretion, to amend, modify, or
discontinue, from time to time, any of the Services and/or the
Platform. We shall not be liable for any loss suffered by you
resulting from any changes made and you shall have no claims against
us in such regard.
o We may transfer, assign or pledge these Terms or any rights and/or
obligations hereunder to any third party without your consent. You
may not transfer, assign or pledge in any manner whatsoever any of
your rights or obligations under these Terms.
o Unless explicitly stated in these Terms, nothing herein shall: (i)
be construed as creating any agency, arrangement, trust of fiduciary
relationships or any similar relationship between you and us; or
(ii) create or confer any rights or benefits to any third party.
o Any notice provided by us to you, either through your Account, the
Platform or by e-mail will be deemed received within 24 hours from
the time in which such notice was dispatched.
o We may amend these Terms from time to time, at our sole and
exclusive discretion and without providing any prior notice, by
posting the amended Terms on the Platform. You are responsible for
checking whether these Terms were amended before each time you use
the Platform and/or the Services. Any amendment shall come into
force as of the day it was published on the Platform, unless
provided otherwise. If you do not agree to be bound by the changes
to the Terms do not use or access the Platform and/or the Services
and inform us in writing immediately. Your continued use of the
Platform and/or the Services constitutes your acceptance to the
amended Terms.
o These Terms constitute the entire and whole agreement between you
and us in respect of the use of the Platform and/or the Services,
and supersedes any and all prior agreement between you and us in
relation to the use of the Platform and/or the Services. You confirm
that you have not relied on any representation save for any express
representation made by us in these Terms.
o These Terms have been drafted in the English language. In the
event of any discrepancy between the meanings of any translated
versions of these Terms and the English language version, the
meaning of the English language version shall prevail.
CANCELLATION AND REFUND POLICY
Your Cancellation of the Services
All requests for a cancellation of the Services must be made by you
in writing (i) no later than 48 hours of executing the insertion
order by you, and (ii) only prior to the beginning of providing the
Services by us.
REFUND POLICY
In the event that you cancel the Services in accordance with this
policy, we shall refund the payments made by you to us (to the
extent made) within 14 business days from the date in which we
received your cancellation request, after deducting a cancellation
fee equal to the higher of $50 or 10% of the Fees due according to
the insertion order. For the avoidance of doubt, if and to the
extent that you canceled the Services, under no circumstances will
you receive any refund where such cancellation was not in accordance
with this policy, and such refund will be limited to the sum stated
in this policy.