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The following terms and conditions ("Advertising Terms"), together with any associated insertion order provided by ALADY Pte Ltd ("ALADY") and signed by you or by any authorised representative on your behalf ("Advertiser") that refers to the Advertising Terms (each an “Order”), constitute a binding agreement for the provision of Advertising Services to Advertiser by ALADY and govern the relationship between Advertiser and ALADY. The Order and this Advertising Agreement are collectively referred to herein as the "Agreement". To the extent that a provision of an Order conflicts with a provision of the Advertising Terms, the provision of the Order will take precedence, but only in relation to the Advertising Services set out in that particular Order.
Below are the defines the terms used in this Agreement:
3.1. Failure to submit the required Content in a timely manner in accordance with the specifications set by ALADY and the Advertiser will result to the delay or prevent the delivery of Advertising Services. Also, Advertiser’s inability or failure to submit required Contents to the negotiated time permits ALADY to cancel the applicable Order without further obligation to the Advertiser; nevertheless, the Advertiser is still obligated to compensate ALADY for all the fees due under the Order.
3.2. Advertiser represents and warrants that (a) all Content will be true, complete and accurate (b) all Content will be provided in compliance with ALADY’s specifications and will be free of harmful or deleterious programming routines, like viruses, Trojan horses, worms, time bombs, which will interfere with the function and/or performance of the ALADY Sites; and (c) Advertiser holds all necessary rights to permit the use of all Content by ALADY and such use will not infringe any intellectual property or other proprietary rights of any third party or otherwise violate any applicable laws.
3.3. Any special offers, promotions, incentives or commitments contained in any Content or otherwise made by Advertiser or are the sole responsibility of Advertiser and not ALADY. Advertiser is solely responsible for the accuracy, quality, integrity, reliability and legality of all Content, including, but not limited to, any associated terms, conditions, representations or warranties.
4.1. After the Advertiser has provided the needed Content (Note: see Section 3.1), ALADY shall deliver the Advertising Services in the applicable Order.
4.2. Advertiser acknowledges that ALADY does not make any guarantees with respect to usage statistics and level of impressions for any of the Advertising Services. Delivery statistics provided by ALADY to the Advertiser are the official, definitive and binding measurements of ALADY performance on any delivery obligations provided in or required under the Order.
4.3. ALADY shall have the right in its sole discretion to modify, alter or remove the functionality or content of any portion of the Advertising Services. Unless specified in the Order, positioning and placement of Advertisements within the ALADY Sites or on any page or portion thereof is at ALADY’s sole discretion.
ALADY has the sole editorial control over any content or material, such as links, graphics, and other information that will be used for the Advertising Services. ALADY reserves the right to reject, cancel or remove any Advertiser Content from its website and other ALADY Sites, at any time, for any reason whatsoever, and it shall not be deemed a termination of any Order for ALADY
6.1. Advertiser retains all of its proprietary right, title and interest in the Advertiser Content provided by or on behalf of Advertiser to ALADY. ALADY is hereby granted by the Advertiser a nonexclusive, worldwide, royalty-free license to use, reproduce, modify, distribute and display the Advertiser Content as contemplated by this Agreement. Furthermore, Advertiser hereby grants to ALADY a nonexclusive, worldwide, royalty-free license to utilise the brands and trademarks of Advertiser in relation with the Advertising Services.
6.2. ALADY reserves all rights in the content which appears and accessible through the ALADY Sites (other than Advertiser Content) and any and all software, information, interfaces and other technology related to the Advertising Services provided hereunder.
7.1. To the maximum extent permissible by law, ALADY does not represents nor warrant any kind or nature, express or implied, as to the condition, value or quality of any products or services provided hereunder, and specifically disclaims any representation or warranty of title, non-infringement, merchantability, suitability or fitness for a particular purpose or as to the condition or workmanship thereof, or the absence of any defects therein, whether latent or patent, including any warranties arising from a course of dealing, usage or trade practice.
7.2. ALADY does not represent nor warrant that the use of services rendered will be error-free or uninterrupted and that the information contained will be complete and accurate or that any data will be completely secured from unauthorised access. In addition, ALADY does not make any representations or warranties regarding the use of services provided hereunder in terms of correctness, accuracy, reliability, compatibility, increase in business or otherwise.
8.1. If in case ALADY fails to deliver in accordance with the applicable Order and the Advertising Terms, ALADY is liable for giving the Advertiser a refund of the fees paid for the service or the integration or placement at a later time in a comparable position or extension of the term of the applicable Order until the Advertising Services are delivered.
8.2. ALADY will not be liable for, or in respect of, any (i) loss of actual or anticipated revenues, profits or savings, loss of goodwill, loss of opportunity, loss of business or loss of data (whether the foregoing are direct or indirect) or (ii) consequential, special, incidental, exemplary, punitive or other indirect losses or damages, in any way arising out of or related to this Agreement (whether in contract, tort (including negligence) or otherwise) even if foreseeable or if ALADY has been advised of the possibility of such damages or loss.
9.1. This Advertising Agreement will be effective and persist so long as any Order remains outstanding; unless sooner terminated in accordance with the provisions hereof.
9.2. ALADY has the right to terminate this Agreement immediately in the event of any breach by Advertiser, in which case all amounts due through the term stated on any then-outstanding Orders will be immediately due and payable by Advertiser.
10.1. Assignment. This Agreement and the rights and responsibilities hereunder may not be assigned or otherwise transferred, in whole or in part, by either party, without the prior written consent of the other party, except that either party may, without the other party’s prior consent, assign this Agreement in its entirety to an affiliate or to a successor by way of merger, consolidation, reorganisation or acquisition of substantially all of the business of the assigning party related to the Agreement. Any assignment in violation of this section is void and of no effect. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.
10.2. Notices. Except as otherwise provided herein, any notice or other communication to be given hereunder must be in writing and either (as elected by the party giving such notice): (i) personally delivered; (ii) sent postage prepaid by registered or certified mail, return receipt requested; (iii) transmitted by facsimile (with a confirmation of receipt) or email; or (iv) deposited prepaid with a nationally recognised overnight courier service. Notices will be deemed to have been duly given on the date of receipt (or if non-electronic delivery is refused, the date of such refusal).
10.3. Confidentiality. Each party acknowledges that Confidential Information may be disclosed to the other party during the course of this Agreement. Each party agrees that it shall take all reasonable steps during the term of this Agreement following the expiration or termination of this Agreement to prevent the duplication or disclosure of Confidential Information of the other party, other than by or to its employees or agents who must have access to such Confidential Information to perform such party’s obligations hereunder, who are each bound by confidentiality obligations no less restrictive than those contained herein. “Confidential Information” means any proprietary, non-public information relating to or disclosed in the course of this Agreement, including, but not limited to, the material terms of this Agreement, information about each party’s site visitors, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data, and explicitly excludes any information that (a) was in the public domain at or subsequent to the time the Confidential Information was communicated to the receiving party by the disclosing party through no fault of the receiving party; (b) was rightfully in receiving party’s possession free of any obligation of confidence at or subsequent to the time the Confidential Information was communicated to receiving party by the disclosing party; or (c) was developed by employees or agents of receiving party independently of and without reference to any of the disclosing party’s Confidential Information.
10.4. Both parties are considered individual entities and this Agreement does not create any partnership, joint venture, franchise, agency or employment relationship. You are not allowed to represent the websites on their behalf nor make any statements that might in any way conflict with this agreement.
10.5. In case any one or more of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
10.6. No party hereto is liable to any other party for any loss or damage due to delays or failure to perform resulting from an event of “Force Majeure” including without limitation: accident, war, fire, lockout, strike or labour dispute, utility or telecommunications failure, acts or omissions of the other party, or any other event beyond the reasonable control and without the fault or negligence of such party.
10.7. No modification, extension or waiver of or under this Agreement is valid unless made in writing and signed by the representative designated in the applicable Order or an authorised executive officer of the party sought to be charged therewith.