Terms and Conditions for www.admarket365.com
Effective Date: 28.06.2024
1. Introduction
Welcome to www.admarket365.com (the “Website”) owned and operated by M/s. Hyper Telematics Private Limited(hereinafter referred to as “We”, “Ours”, “Us”). These Terms and Conditions govern your use of the Website and the services offered through it. By accessing or using the Website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with these Terms and Conditions or our Privacy Policy, please do not use the Website.
Please note that at any time, if we determine that you have abused or violated the letter, spirit, or intent of any of these terms, conditions, and guidelines, we reserve the right in its sole discretion to terminate or suspend your account immediately without notice, liability, or penalty or liability of any kind to us. We also reserve the right at its sole discretion to refuse service to anyone for any reason.
Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the website in connection with such features. All such additional terms, guidelines, and rules shall be a part of this Agreement.
The Service is being offered only to natural persons of age eighteen (18) years or older and legal entities whose authorized principals are of age eighteen (18) years or older. By accepting the terms of this Agreement, you hereby represent and warrant to us that you are a natural person or authorized representative of a legal entity who is of age 18 years or older. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent).
2. Definitions
- “Ad Space Owner(s)” refers to individuals or entities who own ad spaces/places and list them on the Website for rent.
- “User(s)” or “Advertiser(s)” refers to individuals or entities who rent ad spaces from Ad Space Owners through the Website.
3. Services Provided
- Platform: The Website provides a platform for Ad Space Owners to list their ad spaces for rent and for Users to rent those ad spaces for specific period.
- Transaction: The Website facilitates transactions between Ad Space Owners and Users, including but not limited to booking ad spaces and processing payments.
4. User Responsibilities
- Accuracy of Information: Users agree to provide accurate and up-to-date information and advertisement content when using the Website. We have right to reject booking request or suspend the rent service listing if any fraudulent, misleading, punishable or offensive content for advertisement is provided.
- Compliance: Users agree to comply with all applicable laws and regulations regarding their use of the ad spaces and their advertisements.
- Booking: Users agree to review all information provided by Ad Space Owners before requesting for booking ad spaces. Information about Ad spaces are listed directly by Ad Space Owners and we are not liable for any information provided by Ad Space Owners.
- Confirmation: Users will be notified of approval or rejection of their request for booking through e-mail. We and Ad Space Owner reserve the right to approve or reject request for booking for any reason including but not limited to based on content, quality, or relevance of advertisement or unavailability of ad space.
- Payment: Users agree to pay the specified fees for renting ad spaces within 24 Hours of approval of request for booking as outlined on the Website. Other-wise the booking.
5. Ad Space Owner Responsibilities
- Listing Information: Ad Space Owners are responsible for providing accurate and comprehensive information about their ad spaces, including availability, pricing, and specifications, type of Ad formats (if any). We have right to remove listing if any fraudulent, misleading or incorrect information is provided for ad spaces.
- Availability: Ad Space Owners agree to honor bookings made through the Website, subject to these Terms and Conditions.
- Invoice: Ad Space Owner agrees to raise Invoice to the Users on the receipt of booking request. Invoices can be GST Invoice or Non GST Invoice as applicable to Ad Space Owners.
- Commission: Ad Space Owners allows us to deduct commission charges from the payment of rent fees. Percentage of Commission shall be agreed before listing of Ad spaces.
6. Transaction
- We collect rent fees from Users on behalf of the Ad Space Owners.
- We provide Secure payment method with instant receipt on successful payment by Users.
- We will give payment amount to the Ad Space Owners on commencement or completion of booking period.
- We will give payment amount to the Ad Space Owners after deducting the commission amount.
7. Ad Property
- Ownership: Ad Space Owners retain ownership of their ad spaces and any intellectual property associated with them.
- License: By submitting advertisements, Users grant Ad Space Owners a license to display the advertisements on the rented ad spaces.
8. Modification Policy
Users may request modifications to their ad content e.g., change of ad content, resizing of ad space or placement by contacting us. However we may accept or reject modification request depending on the situation.
All modification requests are subject to our approval and may incur additional fees depending on the nature of the changes. We reserve the right to reject such request without entertaining any refund.
We will notify users of the approval status of their modification requests and implement approved changes promptly. However this implementation may result into delay in hosting the ad.
Please not that you will be charged for all the days of the booking without any scope of refund including the days when the ad was not hosted due to your request for modification.
9. Cancellation and Refund Policy
Cancellations of ad bookings must be made in writing [or via email]. Any Cancellation may result in a partial refund or no refund at all, at our discretion.
We have right to cancel booking at any time if any fraudulent, inappropriate, misleading, punishable or offensive content for advertisement is provided. In this case we will not be liable for any refund.
We shall refund any amount paid by customer for rent fees due to non-availability of booked ad space.
Refunds if any will be processed minimum 7 days of cancellation acceptance notification.
Users will receive confirmation of their cancellation request and any applicable refund amount.
10. Lawful usage of the website
As a user of the Website, you agree to use the Website only for lawful purposes. Use of the Service for violation of any applicable law or regulation is prohibited. You agree that under no circumstances we are liable for your violation of any applicable law or regulation.
11. Limitation of Liability
- Disclaimer: Under no circumstances we shall be liable for any loss, damage or delay resulting from the use of the ad spaces or the content of advertisements. We don’t guarantee any booking to the Ad Space Owners and also, we do not guarantee any increase in sale due to renting and displaying advertisement at any ad space.
- Indemnification: Users agree to indemnify and hold us harmless from any claims, losses, suits or damages arising from their use of the ad spaces or their advertisements. Ad Space Owners indemnify and hold us harmless from any claims, losses, or damages arising from the display of advertisement. This clause shall survive the termination of this Agreement for any reason whatsoever.
12. Force Majeure
Notwithstanding any opposing terms in the Agreement, the parties are not liable for lack of fulfillment of obligations that can be attributable to force majeure. The liability persists as long as force majeure exists. Force majeure conditions are outside the parties’; control and responsibility and could not have been foreseen in the Agreement. The liability persists as long as force majeure exists. Examples of force majeure but not limited to are unusual natural conditions, war, terrorism, fire, flood and pandemic.
13. Termination
- We reserve the right to terminate or suspend Users’ access to the ad space rental services at any time and for any reason.
- We reserve the right to terminate or suspend Ad Space Owners’ listing right and/or remove listed their Ad spaces at any time and for any reason.
14. Changes to Terms and Conditions
We may modify these Terms and Conditions at any time. The updated Terms and Conditions will be effective upon posting on the Website.
15. Governing Law
The contract will be governed by the Indian Contract Act and all other relevant laws. All disputes are subject to the jurisdiction of Mumbai, Maharashtra, India. If any provision(s) of this Agreement is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
16. Severability
If any of the provisions of this Agreement are held by a court or other tribunal having jurisdiction to be unenforceable, the parties intend that the provision shall be enforced to the maximum extent permissible, and the remaining portions of this Agreement shall remain in full force and effect.
17. Contact Us
Notices concerning this terms and conditions, notices of alleged or actual violations of the terms or conditions, and other notices of similar importance shall be made:
To Hyper Telematics Private Limited- Address: A-108, Pratik Industrial Estate, Mulund- Goregaon Link Road, Bhandup (West), Mumbai- 400 078 Email: support@admarket365.com