Terms and Conditions
View the terms and Conditions below to discover what they mean for you and your advertisement.
|General Service Terms and Conditions
By using our website you agree to all the terms below. This column provides a short explanation of the terms but alone is not legally binding.
|Description of Service.
We allow website owners, resellers, advertising agencies and advertisers to buy and sell advertising. We will develop more features and services in the future. We may restrict or limit services and at times things can go wrong and things need updating so the service may be interrupted.
|Addiply.com (“The Site”) enables web owners/publishers (Web Owners), resellers/affiliates (“Resellers”), advertising agencies (“Ad Agencies”) and direct advertises (“Advertisers”) to buy and sell advertising. Services (“Services”) include, but are not limited to, any service and/or content The Company makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.Your access to and use of The Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of The Site or any other reason within or outside the control of The Company. The Company reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. The Company may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of advert artwork, photographs and images and you are directed to retain your own copies of all Content posted on the Site.|
|Use of Material.
We ask you to respect us, our supplier’s and customer’s copyright and intellectual property.
To fully use the Services you need to create an account, without violating other peoples' rights.
|As a condition to using the Services on The Site, you are required to open an account with The Company and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password on your account and within The Site. You agree to immediately notify The Company of any unauthorised use of your registration or password.|
|Fees and Payments.
Fees apply to some of our services. PayPal is our chosen facilitator. All advertising fees must be paid before the adverts are published unless a credit limit (set completely at our discretion) has been agreed.
|Some of the Services require payment of fees, which may include, but is not limited to, advertising fees, bidding fees, commissions and impression fees ("Fees”). The Buyer shall pay all applicable fees, as described below and on The Site in connection with such Services or Advertising selected by The Buyer. If the chosen preference is Bidding then you will be charged a fee to the value of your bid for each valid impression or click on your advertisement by a user ("Bid Fee"), and whether or not the user is transferred to the website designated in respect of a particular advertisement and irrespective of whether a website designated in respect of a particular advertisement is available; for example and without limitation, such a website may be down for site re-design, down time, technical problems or other reasons; You shall not be charged a Bid Fee on clicks or impressions that The Company deems in its absolute discretion to be invalid or not otherwise payable under this Agreement. "Total Fees" payable by The Buyer is all Fees including VAT and applicable taxes, plus any credit card usage fee and The Companies commission as set out below. Total Fees will be payable by The Buyer either: 1.Before the advert is served by making deductions from The Buyer’s account by The Company. 2.If Company has agreed to grant The Buyer credit, by The Company issuing to The Buyer an invoice for the cumulative Total Fees that have accrued during the month in respect of which the invoice is issued, notwithstanding any indication from The Buyer as to a budget to be expended between any two dates and The Buyer shall remit payment to The Company for the amounts indicated in the invoice within 7 days of the date of the invoice (unless otherwise agreed by The Company in writing). In any event, The Buyer acknowledges that the Total Fees shall be payable to The Company whether or not The Buyer, another Buyer and/or any User and/or a Third Party and/or a Representative and/or an Intermediary is credited with any monies which may be payable consequent of The Services.3. Total Fees and any other payments due under this Agreement are payable in the currency of GBP, Euro, Dollars and Yen from time to time and shall be made primarily by PayPal or any other method authorised by The Company. The Company may charge interest on any amount due but unpaid at the rate of two per cent (2%) per month above the base lending rate of The Company's principal bankers from time to time (or the highest rate permitted by applicable law, if less), from the date when payment was due until such time as payment is actually received. The Buyer will be responsible for all expenses (including reasonable legal fees) incurred by The Company in collecting any amounts due. You should also be aware that late payment may incline The Company to suspend or terminate your status as a Buyer. If you use a credit card to pay, then the Company reserves the right to charge an additional "credit card usage fee" of 3.5% of the amount charged to your credit card. If you have elected to pay the Company by credit card, you agree that the Company may charge the credit card for the pre-determined amount set by you which shall be shown on your account. 4.You shall be responsible for the payment of any and all charges and/or fees incurred by The Company as a result of any credit chargeback or dishonoured cheque. If you believe any claim or dispute exists with respect to any charges or fees incurred by you pursuant to this Agreement, you shall notify The Company in writing no more than 14 days following charging by The Company, or no more than 14 days after the date of The Company's invoice. Your failure to notify The Company of any claim or dispute within such 14 day period shall result in the waiver of any such claim or dispute and such charges or fees shall become final. 5.In the event that the Company is unable to take payment, or payment is otherwise not received from you, The Company may, in its sole discretion and in addition to any other remedies available to it, suspend or terminate your account, your account and/or ability to use or receive The Services. 6.The Company may outsource the collection of any amounts due by you to a third party. 7.All invoices created by the Company to you shall be based on The Company's measurements and shall be in accordance with measurement and tracking. In addition, all payments will be based upon The Company's measurements and not based upon advertiser, its clients, its agents or any third party's measurements.|
We take the security of clients and our website very seriously and we will act upon attempts made to violate it.
|Users may not use The Site in order to transmit, distribute, store or destroy material. They will not violate any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. Users are prohibited from violating or attempting to violate the security of The Site, including, without limitation, accessing data not intended for such user, logging into a server or account which the user is not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. User of The Site must not attempt to interfere with services offered to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mail bombing" "crashing", sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The Web Site may be used only for lawful purpose users seeking The Companies services. The Company specifically prohibits any use of The Site, and all users agree not to use The Site, for any of the following: 1. Posting any incomplete, false or inaccurate information. 2. Deleting or revising any material posted by any other person or entity. 3. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site. 4. Taking any action which imposes an unreasonable or disproportionately large load on The Site’s infrastructure. 5. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available on The Site Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of The Site.|
What we need from you to allow you access to The Site’s services and how we will use this information.
You are responsible for what you communicate and you must follow the rules of The Company and the law of the land. The Company does not represent or guarantee the accuracy of any communication posted by users or endorse any opinions expressed by users. Material posted by users will be at your own risk. The Company has rights to use information communicated on The Site and retains any and all rights that may exist in such content.
|As a user, you are responsible for what you communicate on The Site. You must not, and by using The Site agree not to, do the following things: 1. Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it. 2. Post material that reveals trade secrets, unless you own them or have the permission of the owner. 3. Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others. 4. Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity. 5. Post a sexually-explicit image or statement. 6. Post chain letters or pyramid schemes. 7. Impersonate another person. 8. Post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.The company reserves the right to expel users and prevent their further access to The Site for violating the T&Cs or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for The Company or may cause The Company to lose (in whole or in part) the services of its ISPs or other suppliers.By submitting content to any area of the The Site, including but not limited to, message boards, profiles and forums, you grant The Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on The Site retains any and all rights that may exist in such content.|
|The Companies Liability.
Warranties and liabilities covering accuracy, reliability, completeness or timeliness of the material, services, software etc. offered by The Company.
|THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.|
|Disclaimer of Consequential Damages.
The Company, its suppliers and third parties are not liable for any damages.
|IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.|
|Links to Other Sites.
Linking to any third party websites from this website is at your own risk.
|The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by The Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.|
|Limitation of liability.
This clause prevails over all other clauses and outlines that the company as is the norm, has no liability.
|This clause prevails over all other clauses and sets forth the entire Liability of The Company. "Liability" means liability in or for Breach of Contract, Breach of Duty, Misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this agreement, including but without limitation, liability expressly provided for under this agreement or arising by reason of the invalidity or unenforceability of any term of this agreement (and for the purposes of this definition, all references to "this agreement" shall be deemed to include any contract). Save as provided above but subject to the below, The Company does not accept and hereby excludes any Liability for loss of or damage to tangible property other than that caused by Company's Breach of Duty.Save as provided above but subject to below The Company's Liability for loss of or damage to tangible property caused by The Company, its employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed £100. Neither corruption of data nor loss of data shall constitute physical damage to property.Save as provided above, The Company does not accept and hereby excludes any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this agreement.Save as provided above, The Company shall have no Liability for: 1. Loss of revenue. 2. Loss of actual or anticipated profits. 3. Loss of contracts. 4. Loss of the use of money. 5. Loss of anticipated savings. 6. Loss of business. 7. Loss of opportunity. 8. Loss of goodwill. 9. Loss of reputation. 10. Loss of, damage to or corruption of data. 11. Any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise and for the avoidance of doubt whether such losses are direct, indirect, consequential or otherwise.Save as provided above the total Liability of Company to Advertiser or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: £100. The limitation of Liability set out has effect in relation to both any Liability expressly provided for under this agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract and no term of this contract shall be enforceable by any third party.|
We may stop providing services at any time. You can stop using and close your account at any time.
|The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from The Site and immediate termination of your registration with or ability to access The Site and/or any other service provided to you by The Company. Any breach by you of these T&Cs or if The Company is unable to verify or authenticate any information you submit to The Site at registration your ability to access your account on The Site will be terminated. If you wish to terminate your account, you may simply discontinue using The Site and its Services. All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account The Company will automatically remove all content posted to your account.The Company may terminate the Services at any time by notifying the other party by any means. The Company may also terminate or suspend any and all Services and access to The Site immediately, without prior notice or liability, if The Buyers and The Seller’s breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancellable. If the company exercises its right to terminate the Services, The Buyer shall remain liable for all, including but not limited to, site specific advertising that The Buyer entered into under the terms of this agreement until the completion of that advertisement. Should The Buyer wish to terminate or pause advertising, The Buyer must contact The Company immediately and it will be in The Company's sole discretion whether The Buyer can terminate the advertising. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and limitations of Liability. It is the Advertiser's responsibility to pause/suspend his account at appropriate times.Neither party shall have any remedy against the other based on or arising out of termination of this Agreement, but termination shall be without prejudice to the rights of either party accrued at the date of such termination. Company shall not be liable for any delay or failure to perform due to government restriction, strikes, war, any natural disaster or any other condition or event beyond Company's control.|
Anything can happen and we are not responsible.
|You agree to defend, indemnify, and hold harmless The Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees. No agency, partnership, joint venture, or employment is created as a result of these terms and you do not have any authority of any kind to bind The Company in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights. The Company shall not be liable for any failure to perform its obligations where such failure results from any cause beyond The Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Company may transfer, assign or delegate the Terms and its rights and obligations without consent. The terms are governed by the law of England and Wales and each of us agrees to submit disputes in connection with the terms to the exclusive jurisdiction of the Courts of England and Wales., Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms.|
We take your privacy very seriously. By visiting The Site you accept this policy.
|Information Provided and Collected.
We only collect personal information that is relevant to the purpose of The Site. This information allows us to provide you with an efficient service.