Terms & Conditions
Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:
“Agreement” shall mean and include the User completed application form, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that Ads Engine may in its absolute discretion add to the Site from time to time. It shall deem to have been executed at Rajkot.
“Date of Commencement” is the date indicating the acceptance of the application by the User to the Service. It shall be specified by the Company in its notice to the User either through e-mail or conventional mail or on Phone.
“Date of Termination” is the date when the User’s subscription comes to an end and/or the date mentioned in a letter of termination issued by the Company.
“Party” or “Partie(s)” means the User and/or the Company in reference to the context.
“Company” means: Ads Engine
“Registration Data” is the database of all the particulars and information supplied by the User on initial application and subscription, including but not limited to the User’s name, telephone number, mailing address, account and email address.
“Services” means the Services provided by the ads engine to the Parties includes the following services:
- Website Development and maintenance of the same;
- Services to the User wishing to post his contact details in the different directories, portals on Internet;
- Services to the User who wishes to advertise and gain exposure for their business through On-line Presence, Website Hosting, Web Marketing through ads engine.
- Services to the User who wishes to insert advertisements at different portal owned by Ads Engine;
- Such other or further services that may be provided by the Company and/or ads engine from time to time.
“Site” means customers website designed/ marketed/ hosted/ promoted/ powered by Ads Engine.
“Domain” means www.<company name> .com/org/co.in/in etc.
“Web Hosting” is a service provided to a User wherein the Site provides storage, connectivity and related services necessary to host the website of the User’s business.
Agreement between User and Company
Services are provided by Ads Engine and its affiliates/ associates. The Services are offered to the User conditioned on the acceptance without modification of the terms, conditions, and notices contained herein. Use of the Site by a User constitutes agreement to all such terms, conditions, and notices. If the User does not agree with any part of the following terms, conditions and notices, it/they must not use the Services.
The Company (Ads Engine) reserves the right to change the terms, conditions, and notices under which the services are offered, including but not limited to the changes associated with the User of the Services. The User is responsible for regularly reviewing these terms and conditions. Company has endeavored to ensure that all the information on the Company is correct, but Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information contained on the Site.
The User is advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement.
The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that the Company provides to the User electronically satisfy any legal requirement that such communications is in writing.
Cancellations and refunds
Our cancellation and refund guarantee offer will be applicable only if customers has paid 100% order amount on the time of order.
Platform for Advertisement
This contract is to promote customers product & services on internet Company is not and cannot be a Party to or control in any kind of false inquiry/ fraud transaction or any transaction loss through website. Consequently:
- Company is not responsible for any non-performance or breach of any contract entered into between Users. Company cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users.
- Company does not make any representation or Warranty as to the attributes such as for quality, worth, marketability, etc. of the items or Services proposed to be sold or purchased by the Users of the Site. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.
- Company does not make any representation or warranty as to the attributes to legal title, creditworthiness, identity, etc. of any of its Users except to the extent that a Trust Stamp and/or Credit Report obtained. The User is advised to independently verify the bona fides of any particular User that it chooses to deal with on the Site
- The Site is also a channel of communication whereby the Users can reach a large base of persons in the global exim market. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the Company have any obligations or liabilities in respect of any such contract. The Company is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any User.
- The User independently agrees upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users or third parties that it may interact with on the Site.
- Notwithstanding its reasonable efforts in that behalf, Company cannot control the information provided by other Users which is made available on the Site. The User may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretenses.
Break Down of Services
If website is down due to any technical problem arises like web hosting, Server down, ISP related problem Company are not responsible to any kind of loss to customer or third party.
The Customer is supposed to provide all data, content, images, photos and related literature for website designing at the time of order. The Company is not responsible for any kind of copyright images or content of website. The Company shall not be held liable under any circumstances for the information and /or content of website.
- The Company will be showing maximum three theme of purposed website. Within three themes customer has to select the designing.
- Once theme is approved there will not be any change in theme of website.
- Within One month customer has to finalize the project. If customer has delaying the project then it will considered as project is completed and customer has to pay outstanding amount [if any] as per contract.
The Company do Search Engine Optimization or Internet Marketing Or Web Promotion through our technical expertise and placing name of it’s party/client on all major Search Engines but there is no guarantee of listing in all search engines throughout the year. All Search Engine are third party and The company doesn’t have any direct link with them. All search engines are having there automatic algorithm of web crawling.
There is no privacy of data on internet. Website is open Source anyone can copy any data or images company is not responsible for any kind of privacy for data/images/content/photos etc.
There may be any error/mistake/ or human error in any part of order execution/ designing/ promotion/ content writing etc. The Company is not responsible for any kind of human mistake. It’s customer liability to check time to time and if there is any error or mistake is there then its customers responsibility to inform our support team.
The Services provided are subject to “Force majeure” Clause.
The Company provides the Site and Services “as is” and without any Warranty or condition, expressed, implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User expressly agrees that use of the Services is at its sole risk.
- There is nothing confidentiality in website. Everything is open to internet world. The Company is not taking any responsibility of confidentiality of data or duplicity of that data.
- All information and data submitted by the User shall become the property of the Company.
- All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in Member areas, is done at the sole discretion and risk of the User. If such information is collected by a third party and misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Company and the Company accepts no responsibility or liability whatsoever for such actions.
Ownership of Intellectual Property
All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of the Company shall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.
Waiver and Severability
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid and/or determined to be invalid or unenforceable in (whole or in part) by a court of competent jurisdiction, the Parties agree that the Court shall Endeavour to give effect to the Parties’ intentions as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.
Except as explicitly stated otherwise, all notices to the Company shall be given by the User by postal mail Attn: Manager, Ads Engine, 6 laxmiwadi, lamiwadi Main Road, Rajkot-360002, Gujarat, India (in the case of the Company).
Third Party Content, Sites and Services
The Site and Content available through the Service may contain features and functionalities that may link or provide the User with access to third party content which is completely independent of the Site, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
User’s interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such organizations and/or individuals. The User should make whatever investigation necessary or appropriate before proceeding with any online transaction with any of these third parties.
Relationship of the Parties
It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User.
Termination of Service
The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User account, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Site immediately and without notice, and remove and discard any content within the Service/Site, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable to the User or any third-party for any termination of the Users access to the Service. The User agrees that it shall not attempt to use the Service after the Date of Termination.
Liabilities upon Termination
- It the Agreement is terminated pursuant to Clause 26 set forth above, without prejudice to any other remedies available to the Company, the User shall be liable for payment of any balance fees or charges payable until the Date of Termination.
- The amounts due and payable to the Company by the User upon termination shall be payable within 30 (thirty) days of the Date of Termination.
- The User/customer is not liable to claim any domain/ data/ designing/ content etc upon termination of contract.
- If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it, suspend the Service provided to the User.
- When the Service subscribed for is suspended without remedy for more than 30 (thirty) days, the Company shall have the option to terminate the membership of the User and the consequences set forth in Clause 24 shall follow.
- Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.