This Agreement was last modified on 06th October 2016.
This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. By accessing to our services you hereby agree to our terms and conditions specified below.
These General Terms and Conditions apply to the use of “GetMyAds” services as defined below. By using the Service, you agree to the General Terms and Conditions. If you do not wish to agree to them, you cannot use the Service.
We advise you to read these General Terms and Conditions carefully so that you are aware of your rights and obligations when using “GetMyAds” services.
If you wish to receive a copy of the General Terms and Conditions, send an email to [email protected] requesting a copy.
1.1 In this agreement the – capitalised - terms listed below are defined as follows, regardless of whether they are used in the singular or plural:
|1.||General Terms and Conditions||These general terms and conditions of GetMyAds.|
|2.||Affiliate||Any natural person or legal entity that makes use of GetMyAds services.|
|3.||Affiliate Content||The content selected/posted by the Affiliate himself which, using the our website, is offered to end users; this content is not GetMyAds.|
|4.||Account||The environment managed by the Affiliate which, inter alia, provides access to the management environment of the Tools and Content.|
|5.||Content||The Affiliate Content and the GetMyAds Content together.|
|6.||Service||The platform used by GetMyAds on which it provides the Affiliates with the Tools and the GetMyAds Content that enables them to offer the Advertising Service, as described on the Website.|
|7.||Log-in Data||The user name and password chosen by an Affiliate.|
|8.||IP rights||All intellectual property and connected rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights as well as rights to knowhow and intellectual property equivalents.|
|9.||Agreement||An agreement between an Affiliate and GetMyAds to use the Service, to which these General Terms and Conditions apply in full.|
|10.||GetMyAds||GetMyAds., a company with its registered office and principal place of business at : GetMyAds Traffic Solutions Ltd. Room 1120, Lee Garden one 33 Hysan Avenue Causeway Bay Hong Kong , Company No. 2366902, www.getmyads.com, [email protected], Tel.+31858882438.|
|11.||GetMyAds Contents||The material (including image material) made available by GetMyAds via the Account and the Website, comprising inter alia photos and videos; this material is not Affiliate Content.|
|12.||Website||GetMyAds Company's website, the web address of which is www.getmyads.com, as well as all underlying pages.|
1. These General Terms and Conditions apply to all offers, quotations and proposals made by GetMyAds Company as well as to the Agreement and all other agreements to which GetMyAds Company is a party, insofar as the parties have not in writing stipulated terms and conditions that vary from these General Terms and Conditions.
2. Variations, amendments, reduction and additions to these General Terms and Conditions shall only be valid if agreed in writing between the Affiliate and GetMyAds Company.
3. GetMyAds Company shall at all times be entitled to alter and/or update these General Terms and Conditions. The most up-to-date General Terms and Conditions shall be available on the Website or shall be brought to the attention of the Affiliate while using the Service. If the Affiliate continues using the Service after these General Terms and Conditions have been altered and/or updated, the Affiliate thereby irrevocably accepts the altered and/or updated General Terms and Conditions. If the Affiliate does not consent to the altered and/or updated General Terms and Conditions, he will have no option other than to terminate the Service and remove the Account.
4. If any provision of these General Terms and Conditions turns out to be void or voidable or is for any reason invalid either wholly or in part, the other provisions of these General Terms and Conditions shall remain fully in force. GetMyAds Company shall replace the invalid provision with one that is valid and whose legal consequences, taking into account the content and purpose of these General Terms and Conditions, most closely correspond to those of the invalid provision.
5. No general terms and conditions or other conditions of the Affiliate shall be binding upon GetMyAds Company and any such terms and conditions are hereby explicitly rejected. In the unlikely event that both these General Terms and Conditions and the Affiliate’s general terms and conditions are applicable, these General Terms and Conditions shall prevail.
1. During the term of the Agreement the Affiliate undertakes, as a non-exclusive Affiliate, to promote the GetMyAds Companies Content.
2. Under the conditions laid down in these General Terms and Conditions, GetMyAds Company grants the Affiliate a limited, personal, revocable, non-exclusive, non-sub-licensable and non-assignable right to access to and use of the Service for the purposes described in these General Terms and Conditions and under conditions regarding the payments concerned. Whereas the affiliate holds a right for referral so as to earn profits thereon.
3. The Affiliate may not sell, hire out or dispose of the Service or grant limited rights to it or make it available to a third party in any manner or for any purpose whatever other than referral.
4. The Affiliate may not copy, alter, adjust, decompile, reverse-engineer, apply scripts or in any manner visually or otherwise manipulate the Service, including – but not limited to – the landing page of GetMyAds Company with the GetMyAds Company Content, nor instruct a third party to perform aforementioned actions.
5. Alterations made to the Service by an Affiliate must be submitted for the assessment of GetMyAds Company in the manner referred to in the Service. The Affiliate may not launch any Service before GetMyAds Company grants its approval. The approval of alterations is solely at the discretion of GetMyAds Company.
6. Any (natural) person who has reached the minimum age of eighteen (18) years may use the Service and/or create an Account. If the Affiliate has not yet reached the age of eighteen (18) years and/or objects to the content of the Website or the Content and/or is in a geographical area in which access to the Website and/ or use of the Service is prohibited, he must immediately discontinue his visit to the Website and/or use of the Service and remove any Account he may have.
7. The Affiliate guarantees that he shall at no time directly contact the holder of rights to the GetMyAds Company Content if that party is not GetMyAds Company, unless the Affiliate has an existing relationship with that rights holder.
8. The Affiliate warrants that it holds all the rights to the domains and sub-domains used by it.
1. Before using the Service, the Affiliate must create an Account in the manner indicated on the Website. Using the Account, the Affiliate can then alter and/or remove his data as well as examine statistics.
2. The Affiliate warrants GetMyAds Company that the information provided on creating the Account is complete, truthful and correct. It is therefore not permitted to create an Account in someone else’s name. When registering, the Log-in Data must also be chosen.
3. If for any reason the Affiliate’s data are not or no longer up to date, complete or correct, the Affiliate must without delay update his data so that they are once again up to date, complete and/or correct.
4. The affiliate is strictly debarred from creating multiple accounts. One person one account is the fixed principle of GetMyAds Company.
5. The Affiliate himself is responsible for keeping the Log-in Data secret. As soon as the Affiliate knows or has reason to suspect that his Log-in Data are in the possession of non-authorised persons or if he knows and/or suspects that his Account is being abused, the Affiliate must notify GetMyAds Company immediately notwithstanding the Affiliate’s own responsibility to take immediate and appropriate action, for example by altering his Log-in Data. The Affiliate accepts and acknowledges that he is at all times responsible and liable for all and every use of the Service made via his Account. The Affiliate indemnifies GetMyAds Company against all damage and costs arising from and/or related to third parties’ use of the Service via the Affiliate’s Account.
1. Using the Account, the Affiliate can choose Content that he wishes to make available to the End User. The Affiliate may not modify or adapt the GetMyAds Company Content in any manner or use it in any manner other than for the purpose as described within the Service.
2. It is not permitted to make Affiliate Content available
3. GetMyAds Company reserves the right, without prior notice, to abridge, alter, refuse and/or remove Affiliate Content and/or GetMyAds Company Content if this is necessary in GetMyAds Company’s opinion, without this resulting in any right to damages and/or liability on the part of GetMyAds Company.
1. GetMyAds Company is at all times entitled, without prior announcement and without in any way becoming liable to the Affiliate, (i) to make procedural and technical alterations and/or improvements to the Website and/or the Service and (ii) to (temporarily or permanently) discontinue, limit or remove the Website, the Service or the Account.
2. The Affiliate is himself responsible for the purchase and/or proper operation of the infrastructure and reliable telecom facilities (including internet connection) which are required for using the Service. GetMyAds is not responsible or liable for costs arising from the use of telecom facilities and charged via the telecom provider.
3. GetMyAds Company is in no way liable to the Affiliate for any damage that arises from or is the result of any (temporary) unavailability or (interim) breakdown of the Website and/or Service.
1. The Affiliate may at any time cease using the Service and remove his account. If an Affiliate removes an Account, GetMyAds Company shall immediately render the Account and remove the Affiliate’s data and any Affiliate Content within a reasonable period of time, unless there are reasons to keep them for a longer period of time.
2. On removing an Account, the Affiliate Content may following its removal continue to be disclosed for a limited period of time via the Website and/or third-party websites. GetMyAds Company is not liable for any damage resulting from or caused by this disclosure of the the Affiliate Content.
3. In addition to the other (legal) remedies at GetMyAds Company’s disposal, GetMyAds Company may at all times, without giving reasons and without prior explanation, (temporarily) restrict, suspend or discontinue the Affiliate’s activities relating to GetMyAds Company, temporarily or permanently terminate and/or remove an Account or terminate the provision of services and refuse to provide services to the Affiliate, specifically, but not exclusively, if:
1. On creating an Account while the Service is being provided and on visiting the Website, (personal) data of the Affiliate shall be provided to GetMyAds Company. These (personal) data shall be processed in accordance with GetMyAds Company\'s Privacy Statement and the applicable laws and regulations.
2. Personal data of Affiliate that GetMyAds Company receives become the property of GetMyAds Company.
GetMyAds Company holds exclusive rights to read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
Affiliate agree to indemnify, defend and hold harmless Get GetMyAds, its officers, directors, employees, agents, licensors and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys\' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by Affiliate or any other person accessing the Site.
1. The Intellectual Property rights relating to the Service, including but not limited to the Website, the GetMyAds Company Content and the Tools, shall be vested in GetMyAds Company.
2. No provision in these General Terms and Conditions shall be construed as an assignment or waiver of any IP rights relating to the Service to the Affiliate.
3. The Affiliate in principle retains the Intellectual Property rights relating to the Affiliate Content he uses. The Affiliate acknowledges and agrees that by making available / uploading his Affiliate Content to GetMyAds Company website.
4. The Affiliate warrants GetMyAds Company that he holds all the rights relating to the Affiliate Content and that he is fully entitled to license the IP rights to GetMyAds Company.
5. The Affiliate is at no time entitled to register or apply for the registration of any right relating to a work, design, drawing, trademark and/or trade name that is identical or confusingly similar to any work, design, drawing, trademark and/or trade name that is protected by an IP right belonging to GetMyAds Company. Thus the Affiliate may not use or file a domain name that is identical or confusingly similar to any trademark, trade name or other distinctive sign used and/or registered by GetMyAds Company. Nor may the Affiliate use any sign and/or word regarding which GetMyAds Company may exercise Intellectual Property rights within the context of search engine optimisation.
1. The Affiliate accepts that the Service, including in any event the Tools, Content and Website, contains solely the functionality and other properties that the Affiliate encounters when he starts using the Service (“as is basis”). Thus GetMyAds Company expressly excludes explicit and tacit guarantees, undertakings and indemnifications of any kind, including but not limited to guarantees, undertakings and indemnifications regarding the clicks, quality, speed, payback, security, lawfulness, integrity, and accuracy of the Service.
2. The Affiliate acknowledges that GetMyAds Company is not a party to any agreement and/or any other (legal) relationship on whatever ground between the Affiliate and the End User. The Affiliate fully indemnifies GetMyAds Company against any damage and costs that GetMyAds Company may suffer or incur as a result of any dispute between the Affiliate and the End User.
3. The Affiliate is liable to GetMyAds Company for and shall fully indemnify GetMyAds Company against any damage and costs that GetMyAds Company may suffer or incur as a result of:
4. The Affiliate shall compensate any costs and damage that GetMyAds Company incurs or suffers in relation to such liability.
1. GetMyAds Company shall not be liable for the following loss or damage, whether indirect, howsoever caused and whether or not foreseeable by the parties: economic loss including administrative and overhead costs, loss of profits, business, contracts, revenues, goodwill, production and anticipated savings of every description.
2. Subject to liabilities it cannot legally exclude or limit, GetMyAds total liability under an Advertisement Order, whether arising out of breach of contract, negligence or breach of statue, shall not exceed the total fees due to GetMyAds under the relevant Advertisement Order.
1. The GetMyAds websites may contain external links to other websites. The linked websites are not under GetMyAds Companies control and GetMyAds company will not responsible for the contents of the linked external websites.
2. The Services provide links only as a convenience.
3. The inclusion of any links to a linked website on GetMyAds portal is not an endorsement by GetMyAds of any company offering Internet services, products or links on the linked website.
4. GetMyAds do hereby clearly mention that it won’t be legally responsible for all other sites or services which are recommend on the GetMyAds website.
5. GetMyAds do hereby makes it clear to all the individuals accessing this website that neither the GetMyAds Company nor its any authorised governing body shall be held liable for any illegal, baseless, obscene article, image, video or any kind of tool on any other external website which is linked to GetMyAds company website.
6. Whereas GetMyAds website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk.
7. Wherever third party advertising or promotional material is displayed on GetMyAds website, this should not be construed as GetMyAds endorsing or creating any relationship between GetMyAds and that third party.
8. Reliance on any such material is entirely at your own risk.
1. Complaints about the content of any Posting must be sent to [email protected] and must contain details of the specific Posting giving rise to the complaint. Further decision of our take down procedure are exclusively on the discretion of GetMyAds company and its authorised governing body.
2. Complaints made shall only be entertained if they have something relevant and that can be observed prima facie.
3. Action and reaction on such complaints received by GetMyAds Company shall be on its discretion and full and final.
4. GetMyAds company or GetMyAds employees or any official of GetMyAds shall not be held liable for any affiliate content or any external links.
Tokens are made available on the GetMyAds website operated by or on behalf of GetMyAds Company. Affiliate will have the opportunity to purchase Tokens through www.getmyads.com (the "Website").
The tokens are open to registered members of the GetMyAds website. Any person whose access to the Website and/or affiliate websites or whose service has been terminated or suspended by GetMyAds or its authorised persons he/she is NOT eligible to participate for token. GetMyAds reserves the right to impose additional eligibility restrictions in connection with the token, any Token earning opportunity or any use of or redemption opportunities available for the Tokens at any time, in its sole discretion. To become a registered member of GetMyAds (registration is free), go to the Website, submit the information requested on the registration page and confirm your agreement to the Website\'s Terms & conditions, which include these Token Terms and Conditions by reference.
The affiliate hereby agrees to the below mentioned terms and conditions:
1. GetMyAds offers its affiliates a payback on every booking. This means all the money GetMyAds earn will go to a pool and we give the money back to the affiliates subject to the terms and condition mentioned below.
2. GetMyAds company don’t give a guarantee or claim/right on any payback to the affiliates.
3. It is on the complete discretion of the GetMyAds Company what it want to give as payback as per internal calculation code.
4. The percentage of payback is not fixed and varies from time to time and affiliate to affiliate.
5. GetMyAds Company holds the complete right to reject the payback every time and can also change the terms and conditions as per its reasonable discretion.
6. GetMyAds Company holds complete discretionary rights over payout. The payout of the payback is after 600 days. It can be before on if the GetMyAds Company have any offer at that point of time.
7. GetMyAds Company has complete right to decide when will it payout.
8. GetMyAds Company don’t guarantee to the payout of the payback offers, the user/ affiliates can further invest its money for purchasing new packages, advertisement, tokens or whichever project is available on the GetMyAds website.
9. GetMyAds Company cannot be made liable to pay any amount, commission, interest or any charge weather in back office or account of affiliate.
If any provision (or part of a provision) of these Terms and Conditions or an advertising order is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2. Entire Agreement
These Terms and Conditions, any documents referred to in them, constitute the whole user agreement between the parties and supersede any previous memorandum, arrangement, understanding or agreement between them relating to the subject matter they cover.
Affiliates and the user of GetMyAds website have to reveal all source of additional income before the tax department by themselves GetMyAds Company shall not be responsible for making any such data available. Neither the GetMyAds Company shall be responsible to the affiliates or the user that what they are supposed to do in tax related matters.
4. Rejection On Commission
GetMyAds Company completely debars the commission claim by any member, user or affiliates if:
5. Convenience Charges
The members, users or Affiliates need to pay a certain amount as convenience charges to GetMyAds Company in below mentioned conditions:
Payout fees can be added by the GetMyAds at the time of payout.
6. Click Quality
GetMyAds Company doesn’t guarantee the quality of clicks, their speed, rate of repetitions. GetMyAds also don’t target to a particular geographical boundaries. Click can be from around the globe without any discrimination.
7. Money Back
GetMyAds Company nor its any authorised governing body guarantees and kind of money back to its user, affiliates or members from the GetMyAds website.
8. Legal Expense
Other than the clause (d) of article 20, all the legal expenses including the attorney fees shall be borne exclusively by the individual that initiate any legal proceeding against GetMyAds company or its any authorised person in any competent court of law.
The expense details shall be provided by the GetMyAds company and that has to be satisfied in full.
1. In the event of an order/ service not being completed/ provided for reasons for which GetMyAds is not responsible, in particular force majeure, the order/ service will, if possible, be completed or provided later.
2. Neither of the parties shall be considered in breach of an obligation under the agreement to the extent such party can establish that fulfilment of the obligation has been prevented by force majeure. Force majeure, for the purposes of this Agreement, shall include acts of God, war (declared or undeclared), hostilities, rebellion, insurrections, acts of terrorism, actual or threatened, any act of any government, any instrumentality or agency thereof, or any act or cause which is reasonably beyond the control of such party ; Provided, that the party prevented from or hindered or delayed in performance by any such cause shall have used its best efforts to avoid, overcome, mitigate and offset its effects. The party so prevented from or hindered or delayed in complying herewith shall immediately give written notice thereof to the other party and shall continue to take any action within its power to comply as fully as possible with its obligations hereunder.
3. GetMyAds shall not be held liable due to any obstruction/ delay in providing any service to its user/ affiliates due to force majeure.
1. Should any party breach any material provision of this user agreement, which breach may be established by substantial evidence in arbitration proceedings outlined herein, and unless the breach shall have been caused by force majeure, such party shall be liable for damages to the other party in an amount to be determined by the arbitration panel.
2. Any dispute or difference between the parties relating to their rights or obligations under this user agreement shall first be referred for consideration by each party by notice in writing to the other party. If the dispute or difference is not resolved mutually within a period of sixty (60) days, then either party may submit the dispute for arbitration in accordance with the following:
THE MATERIAL AND CONTENT OF THESE SITES IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE MATERIAL AND CONTENT OF THESE SITES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES.
WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (ii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITES, OR ANY PART THEREOF, (iII) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITES (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US GetMyAds COMPANY OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT ANY OF THE SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
The parties irrevocably agree that the courts of Philippines have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions and the Advertising Orders.
GetMyAds Company failure to enforce any provisions of this user agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this user agreement or to act with respect to similar breaches.
At our option, we may give notices to users of the Sites by posting a message on the Sites, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to [email protected] Notices to us by conventional mail must be sent to:
GetMyAds Traffic Solutions Ltd. Room 1120, Lee Garden one 33 Hysan Avenue Causeway Bay Hong Kong
Attn: General Counsel. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.