In order to access the Services of www.admavin.com available on web portal (hereinafter referred to as "Website"), you must first agree to the following Terms.
By selecting the Check Box, you have consented to the Terms, as may be amended from time to time. The User by agreeing to the Terms have agreed for the use of the software and other facilities provided on the Website for your personal purposes only.
IF THE CASE YOU DO NOT AGREE TO SUCH TERMS, THEN YOU SHOULD:
Please read the following terms and conditions carefully before registering, accessing, browsing, or using the Website (defined below). By accessing or using the Website, you agree to be bound by these Terms and Conditions set forth.
The domain name "www.admavin.com" is owned by Mandark Technologies Private Limited, a company incorporated as per the Companies Act, 2013, having its registered office at J-304, Bren Avalon, Karthik Nagar Phase-1, Doddanekkundi Extension, Bangalore, Karnataka - 560037, India, who own, operate and maintain the Website, providing a web based digital platform for buying, selling and renting of advertising spaces between the Advertising inventory owner ("Seller") and the advertising inventory seeker ("Buyer")
Any legal person who registers on the Website and agrees to use the Services (as defined below under Definition and Interpretation Clause) through the Website ("you or your or user") shall be governed by the following terms and conditions ("Terms and Conditions") as applicable to the Website, including the applicable policies which are incorporated herein by way of reference and any additional guidelines and future modifications. By mere use of the Website, you shall be contracting with AdMAVIN and these Terms and Conditions, including the policies, shall constitute your legally binding obligations, with AdMAVIN. If at any time you do not agree to these Terms and Conditions or do not wish to be bound by these Terms and Conditions, you may not access or use the Website and immediately terminate the use of the Website and any related services.
AdMAVIN reserves the right to update and/or modify these Terms and Conditions; therefore, you are encouraged to check for changes made to these Terms and Conditions. If AdMAVIN changes the terms, it shall be updated on the Site and shall be considered effective with immediate effect. Additionally, AdMAVIN reserves the right to deny or refuse Services at its sole discretion under these Terms and Conditions at any time. You are deemed to agree with and comply with these Terms and Conditions set forth below by AdMAVIN.
The Terms and Conditions is a legal contract between you being, an individual customer, user, or beneficiary of this service, and the Company. All services are rendered by the Company through its platform under the brand name 'AdMAVIN'. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of the Company (referred to as, "us", "We" or "AdMAVIN"), regarding your use of www.admavin.com or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).
Services can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. AdMAVIN reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that we may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by AdMAVIN. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter, agree and abide by these Term & Conditions. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
Services means the service of an online marketplace for selling and/or renting of Advertising Inventory by the Seller to the Buyer who is seeking the said Advertising Inventory through the Website in exchange for a Service fees. We are an Intermediary Only. AdMAVIN does not provide any service and is only an intermediary between the Buyers and the Sellers. AdMAVIN is not a warrantor, insurer, or guarantor of the services to be provided. Any disputes about the quality of service, its duration, specifications, etc. must be communicated to the Sellers through the e-mail ID/correspondence address provided by them.
AdMAVIN strives to provide you with the best prices possible on Services availed through the Website. The pricing details for purchase of Services are detailed under the Price / Cost Information.
You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit / debit card, which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. AdMAVIN expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
AdMAVIN shall under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction.
Subject to compliance with the Terms and Conditions, AdMAVIN grants you a non-exclusive, limited privilege to access and use the services provided therein.
You agree to use the Services, Website and the services provided only for purposes that are permitted by: (a) the Terms and Conditions; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by AdMAVIN. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website or the Services listed above.
You acknowledge and agree that by accessing or using the service, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. AdMAVIN disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content to AdMAVIN for appropriate action.
18. You hereby undertake to ensure that any material shared by you is not offensive and in accordance with applicable laws. Further, you undertake not to:
You agree that you are solely responsible to AdMAVIN and to any third party for any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which AdMAVIN or its affiliates or its vendors may suffer) for any such breach.
You agree and acknowledge that AdMAVIN is not the seller of the products and the services and AdMAVIN shall in no manner be deemed to be the seller of the products or services on this Website. AdMAVIN is only facilitating purchase of the products or services by you from the vendor by providing the Services to you.
You agree that AdMAVIN may, at any time, modify or discontinue all or part of the service, charge, modify or waive fees required to use the service, or offer opportunities to some or all Users.
The rights granted to you to access / use information from the Website are not applicable to the design, layout or look and feel of the service. Such elements of the Website or App are protected by intellectual property rights and may not be copied or imitated in whole or in part.
Any software that is available on the Website is the property of AdMAVIN. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms and Conditions or by the express written permission of AdMAVIN.
You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the service.
You are also under an obligation to use this service for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the service.
The service and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by AdMAVIN and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of AdMAVIN or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of AdMAVIN, the vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the trademark "AdMAVIN", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from AdMAVIN or thirty party owner of such Content.
The User hereto agrees that it shall not disclose any Confidential Information to any third party under any circumstances whatsoever without the prior written consent of AdMAVIN and that the User will use such confidential/proprietary information solely for the purposes of availing the Services. Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a "need to know" basis and shall impose upon them the Confidentiality Obligations stated herein. No User shall use Confidential Information obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User's internal or personal purposes.
User agrees that a back-up of the data feed in the Website shall be automatically created and User consents to grant all legal rights to AdMAVIN to use such data for storage, analysis, research and also towards improving the usage of the Website. While availing the Services, the User would provide Confidential Information to the payment gateway and shall be bound by the terms and conditions agreed with them with respect to the payments and AdMAVIN shall have no responsibility of such information sharing.
AdMAVIN will charge 5% as a transaction fee for any sale of advertising inventory that happens through the Website.
The transaction fee shall be chargeable to the Seller.
5% will be charged on the final transaction amount (i.e. the final amount to be paid by the Buyer, including the service tax). That means that if an advertising inventory can be rented out for INR 100 for a month, assuming 15% service tax, AdMAVIN will charge 5% on the final amount (100 + .15*100 = 115) = INR 5.75
This 5% transaction charge shall be uniform across all media types.
The transaction fee will be deducted directly from the amount paid to AdMAVIN by the Buyer, before AdMAVIN transfers the final amount payable to the Seller.
By accepting the Terms & Conditions and/or signing on the Seller Agreement, the Seller adhere to the 3 days' AdMAVIN Guarantee. The guarantee states that the requisite advertisement shall be put up on the purchased advertising space within a period of 3 working days (this excludes weekends, public and national holidays, strikes etc.) from the time of uploading of the creatives (advertising content) by the Buyer on the Website.
If the Seller is unable to fulfil the order within the above-mentioned guarantee period, the Buyer will be asked to confirm (by AdMAVIN) if they want to wait further for fulfilment of the order or cancel the order completely. If the Buyer cancels the order, the entire amount paid by the Buyer to AdMAVIN will be refunded to the Buyer through the same mode of payment, within a period of 15 working days.
In case the Seller cancels an order (before the completion of the 3 day period) for which the Buyer has already made a payment to AdMAVIN, the entire amount will be refunded back to the Buyer through the same mode of payment, within a period of 15 working days.
In case the Buyer cancels an order after the order has been placed and confirmed by the Seller, the payment made by the Buyer will be refunded after the deduction of a cancellation fees as prescribed in the Cancellations section below.
In case the Seller is not able to adhere to the 3 days AdMAVIN guarantee, a penalty amount of INR 2,500 or 10% of the total order value (whichever is HIGHER) will be applicable on the Seller per day of further delay in the order processing. If there are any payments due to the Seller from AdMAVIN, the above-mentioned penalty amount will be deducted from the Amount Payables before being transferred to the Seller. If there are no payments due, the above-mentioned penalty will be noted and the amount will be deducted from any payments that may become due to the Seller in the future.
In case of order cancellations by the Seller, the cancellation charges that will be levied on the Sellers will be as per the following slabs:
|Cancellation Period||Charges to be Levied|
|> 3 months before booking start date||Zero cancellation charges|
|Between 1 – 3 months from booking start date||Lower of INR 2,500 or 5% of the Total Order Value|
|Between 7 days – 1 month from booking start date||Lower of INR 5,000 or 10% of the Total Order Value|
|Between 3 days – 7 days from booking start date||Lower of INR 10,000 or 25% of the Total Order Value|
|Less than 3 days from booking start date||Lower of INR 25,000 or 50% of the Total Order Value|
In case of order cancellations by the Buyer, the cancellation charges that will be levied on the Buyers will be as per the following slabs:
|Cancellation Period||Charges to be Levied|
|> 3 months before booking start date||Zero cancellation charges|
|Between 1 – 3 months from booking start date||Higher of INR 2,500 or 5% of the Total Order Value|
|Between 7 days – 1 month from booking start date||Higher of INR 5,000 or 10% of the Total Order Value|
|Between 3 days – 7 days from booking start date||Higher of INR 10,000 or 15% of the Total Order Value|
|Less than 3 days from booking start date||Higher of INR 25,000 or 25% of the Total Order Value|
You agree to indemnify, defend and hold harmless AdMAVIN including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by AdMAVIN that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms and Conditions. Further, you agree to hold AdMAVIN harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, your violation of the Terms and Conditions, or your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to contrary, AdMAVIN's entire liability to you under this Terms and Conditions or otherwise shall be the refund of the money charged from you for any specific voucher or product or service, under which the unlikely liability arises.
In no event shall AdMAVIN, its officers, directors, employees or partners be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not AdMAVIN has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
The User acknowledges and agrees that AdMAVIN may establish limits from time to time, concerning the use of the Services. The User acknowledges and agrees that AdMAVIN has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. AdMAVIN reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice and that AdMAVIN shall not be liable to the User or to any third party for any such modification, suspension or discontinuance of the Services.
You agree that AdMAVIN may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if AdMAVIN determines that you have violated these Terms and Conditions. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to AdMAVIN, for which monetary damages would be inadequate, and you consent to AdMAVIN obtaining any injunctive or equitable relief that AdMAVIN deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies AdMAVIN may have at law or in equity.
You agree that AdMAVIN may, in its sole discretion, and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or modification of the Website or any service offered on or through the same; or (4) unexpected technical issues or problems.
If AdMAVIN does take any legal action against you as a result of your violation of these Terms and Conditions, AdMAVIN will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to AdMAVIN.
These Terms and Conditions and all transactions entered into on or through the Website and the relationship between you and AdMAVIN shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms and Conditions or any transactions entered into on or through the Website or the relationship between you and AdMAVIN shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and you hereby accede to and accept the jurisdiction of such courts.