Media Vendor Terms and Conditions
Welcome to www.AdvertonClick.com (“Website”). The owner and operator of the Website is Advert On Click Company LLC, a limited liability company registered in the UAE under license number 1906565 , with its office located at Sharjah Media City (“we”, “our” or “us”). These Terms and Conditions and all policies and additional terms (if applicable) posted on the Website set out the terms on which we offer you access to and use of our Website, platform, services and applications. By accessing, registering and/or continuing to use or access our services, you are agreeing to be bound by these Terms and conditions with immediate effect. These Terms and conditions are subject to change by us at any time. References in these Terms and conditions to “you” (or similar) are references to you as an individual or legal entity as the case may be.
About Our SiteThe Website is an e-commerce platform which enterprise users ( Media Vendors) – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, use, reservation, hire, ( (collectively, the “Services”), and through which relevant visitors of the Website ( User) can discover, search, compare, and make an order, reservation, purchase or payment. By using or utilizing the Services you may enter a direct (legally binding) contractual relationship with the User of the Website, and we act solely as an intermediary between you and the User of the Website. AdvertonClick.com does not (re)sell, rent out, offer any service.
We reserve the right to introduce new Services or products and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
- you are a legal entity duly registered in your jurisdiction;
- you have a current trade license;
- you can provide proof of authorization for the individual who will be registering and using the Website;
- you can provide identification for the authorized person;
- you can provide supporting bank details.
1. Your Obligations
- You agree to provide us with the list of products offered to Users and its prices (inclusive of VAT), images where available, and the trademark and Commercial name of the business, branches, opening hours, if applicable to enable us to properly place all the information on the Website.
- You grant us full unrestricted rights to use your name, logo, business information, products, and pricing for the Website, platform, and any marketing and promotional purposes with any third party without the need for any further authorization.
- You agree to do your best to receive and accept any order sent to you by the User(s) of the Website, and perform the Services as agreed with the User without any deficiency or delay.
- You are responsible for compliance with applicable local laws, regulations, rules and standards that relate to the product and Services.
- You shall correct or rectify any fault that is alerted to you by us or the User of the Website within two (2) business days from the date of the alert sent electronically or in writing.
- You shall maintain the product list, availabilities, prices and information accurate on the Website at all times. You shall honor all orders reflecting the prices set in the Website due to non-maintenance of price changes on the Website.
- You shall honor all promotional offers and discounts offered by you through the Website to the User. You shall invoice the User directly for the value of the fulfilled Services and products, or the invoices may be communicated through the Website.
- You will provide any additional support needed by us in relation to facilitating your materials displayed through the Website.
- All currently available images, information, and data on the Website are our ownership. You can use our name, logo, images, or any related information in any of your sales and marketing materials whether printed or electronic with our prior permission for each instance of use.
- You will support us in all marketing efforts, physical and digital through co-branded communication material.
- You will, on a regular basis, update the status of any requests and/ or orders received through the Website from the User, and maintain full detaild reports related to any transaction conducted through the Website between you and the User, and shall provide those reports to us immediately upon request.
- The responsibility of the quality of the products and Services lays on you, and it will be your responsibility to replace the products or refund any amount (s) to the User in case the products or Services where non-conformity with the agreement with the User, or defective.
2. Our obligations
- We will provide our Website for use by you to offer, sell and display the Services and products and shall use reasonable endeavors to provide you with assistance as is reasonably necessary to facilitate the provision of the Services by you to Users.
- We, through the platform shall inform you with any order received through the Website immediately and to provide the name, and order details of the User as required during a period not to exceed 5 minutes from the time of order receipt.
- We shall not be liable in any way for any damage that might occur as a result of any defect that occur on the Website or platform due to any circumstances pertaining and not limited to any occurring force majeure, breakdown of the connectivity, hacking activities, or any other reasons.
- We shall share on a daily basis the order reports in relation to the sales of products or Services.
- We will undergo all practical efforts to market your brand through the Website to help boost brand image & exposure, as well as generate orders.
- The subscription in the Website shall be free of charge for the first year starting from the date you accept these Terms and Conditions (Subscription Date).
- Upon the annual anniversary of your Subscription Date, we reserves the right to apply additional terms and conditions for using the Website and platform , and we shall inform you 60 days in advance of such additional terms and conditions, and you will have the right to accept those additional terms and conditions or unsubscribe from the Website.
- You approve that the Website may contain third party online payment methods, whereas you will bear alone all expenses and commissions applied by the such third party for using the Website.
4. Intellectual property rights and data
- Any and all intellectual property rights created by or on behalf of you in performing the Services in accordance with these Terms and Conditions (including any data) shall vest in us and you hereby irrevocably assigns all rights, title and interests to us absolutely (by way of present assignment of future rights) in all such intellectual property rights.
- You grants us a fully paid-up, non-exclusive, transferable, perpetual and irrevocable license to use, reproduce and maintain any material owned by you to comply with our obligations.
- You shall not use without our prior written consent any of our data or intellectual property rights or any third party’s intellectual property rights posted or displayed at the Website.
- All data provided by or on behalf of us to you, or developed by or on behalf of us in connection with the products and Services shall be our exclusive property, and you may not purchase, deliver or use data provided by or on behalf of us or developed under these Terms and Conditions in any way without our prior written approval.
- You must promptly provide us with all data produced by or on our behalf upon request.
- Each party is solely responsible for each of their own tax handling & filing in relations to their joint business efforts and will ensure it is in adherence with local laws & regulations.
- Subject to Clause 6.2, you shall on demand indemnify and hold us harmless from and against any suits, actions, legal or administrative proceedings, claims, demands, legal costs, damages, costs and expenses of any nature whatsoever which may be threatened or arise against us in connection with the provision of the products and Services by or on behalf of you or in connection with any rights or obligations under these Terms and Conditions.
- We shall not be liable to you for any loss of business, loss of profits, un paid payments by User or third party or for any form of indirect, special or consequential loss or damage, save for loss of reputation or goodwill, whether arising from negligence, breach of contract, tort, breach of statutory duty or otherwise provided always that nothing shall exclude or limit any Party’s liability for fraudulent misrepresentation, misconduct, and gross negligence; death or personal injury caused by its negligence; and/or any other liability which cannot be lawfully excluded or limited.
7. Term and termination
- Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw your access or User’s access to the Services, cancel any product(s) order and/or remove hosted content submitted by you or any User at our sole discretion.
- On non-renewal or termination of these Terms and Conditions (under any circumstances), all licenses granted to you by us under these Terms and Conditions shall terminate immediately and you will cease to have any right to claim any form of association with us.
8. Representations and warranties
- The rights, powers, privileges and remedies conferred upon the Parties to these Terms and Conditions are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law.
- No failure to exercise or delay in exercising any right or remedy provided under these Terms and Conditions or by Law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof and no single or partial exercise of any right or remedy under these Terms and Conditions shall preclude or restrict the further exercise of any such right or remedy.
9. Governing law and jurisdiction
- These terms and conditions and the provision of the Services shall be governed by and construed in accordance with the UAE Laws. Any dispute arising out of these Terms and Conditions and our Services shall exclusively be submitted to the competent courts in Dubai.