Terms - Offer18

Terms And Conditions of Use

Last update: 20 May 2018

Before using the software and/or registering on the site, you must read these terms and conditions carefully and by using the site and/or the software you agree to accept them. If you do not accept these terms and conditions, you may not use the site and/or the software.

These Terms of Use (the “Terms”) apply to your use of the websites and domains owned by Offer18 Tracking Platfrom Pvt. Ltd., including, without limitation: http://www.offer18.com (the “Websites”). The Websites are provided by Offer18. (“Offer18,” “We,” “Us,” or “Our”).

Your use of the Websites is subject to these Terms, together with any Master Services Agreement and Pricing Statement you enter into with Us and any other terms that We post with the Websites (“Additional Terms”). Additional Terms are incorporated by reference into these Terms.

By using the Websites you agree to be bound by these Terms, so please read them carefully. Please don’t use the Websites if you don’t agree to these Terms.



Acceptance of Terms of Use

You affirm that you are at least 18 years of age, or that you have reviewed these Terms with your parent or guardian, and that he or she agrees to these Terms on your behalf.



INTRODUCTION

These are terms and conditions of use of www.offer18.com website (“Site”) and the Software offered through. Please read these terms and conditions (“Terms and Conditions”) carefully, because they set forth the important terms that you will need to know about the Site and the Software. These Terms and Conditions are binding and must be followed by each individual using the Site irrespective of whether the person is registered as a User (as defined below in Definitions) or is using the site as a Visitor (as defined below in Definitions) without registration.

Persons (individuals/businesses) who are not registered on the Site will have the opportunity to view and use only some part of the information on the Site, and will not have the ability to use the Software. Such persons must in any event comply with these Terms and Conditions, End-User Agreement, the Privacy Policy, other special conditions and rules provided on the Site (collectively, “Site Rules”) and all applicable laws.

These Terms and Conditions may be changed or modified in whole or in portions at any time without further notice. Changes to these Terms and Conditions will be posted on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site and/or the Software. Any amendment to the Terms and Conditions published on the Site will be immediately applicable to Users and Visitors.

Privacy

Your privacy is important to Us. We’ve provided a Privacy Policy to explain what information We collect from you and how We use, share, and protect such information. By using the Websites, you agree to Our collection and use of your information as described in Our Privacy Policy. We encourage you to review the Privacy Policy.
Privacy Policy available at https://www.offer18.com/privacy_policy.

Content Ownership

The content used in connection with Our Websites, including, without limitation, the design, expression, and arrangement of such content, is Our proprietary property or is licensed to India and is protected by India and international copyright and trademark laws. Except as otherwise provided in these Terms, you are not permitted to copy, modify, display, license, create derivative works of, or otherwise exploit Our content without Our written permission.

Use of the Websites

You are permitted to use the Websites for your own personal, non-commercial purposes. You agree that you will not use the Websites for any unlawful purpose, in a way prohibited by the Terms, or in a manner that interferes with Our operation of, or any user’s use and enjoyment of, the Websites. For example, when using Our Websites, you agree not to:

Use any hacking or cheating software or tools;
Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Us to access the Websites, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing, or distributing any content or data made available via Websites;
Upload any files that may damage Our Websites or any Offer18 system; or
Attempt to modify any Websites in way that We have not permitted.
If you would like to report a violation of these Terms, please contact Us at support@offer18.com

Registration and Security

Some of Our Websites require or allow you to create an account with Us, with a user ID and password. You agree that you will provide only accurate, complete, and up-to-date information. You are responsible for ensuring the confidentiality of your password, and are responsible for anything that anyone does while logged in to your account. You are required to let Us know immediately if you suspect that someone is using your account without your permission. We are not responsible for any loss or damage arising from your failure to comply with these obligations.

Use of Platforms or Services

The Websites may require or allow you to access or use the platforms or services provided by Offer18, including without limitation the Offer18 Platform (Our proprietary platform to create, manage, and track partners) and/or the TMC Platform (which includes Our proprietary advertising analytics platform and Our proprietary platform providing inbound app marketing tools) and/or the TMC SDK (Our proprietary software development kit). Your use of Our platforms or services is subject to the terms of the Master Services Agreement between You and Us relating thereto.

Links to Third-Party Websites and Content

Our Websites may include links to websites or content owned or operated by third parties. Some third party sites may collect data or solicit personal information from you. Offer18 does not own or control such sites and is not responsible for their content or actions. We suggest that you read the terms and conditions and privacy policies of any website or content linked to Our Websites to learn about the third party’s practices.

Modifying/Terminating Websites

We regularly update and change Our Websites. We may also remove or modify features, functionalities, or stop a service entirely. You agree that We can suspend or terminate your right to access Our Websites at any time for any reason. If you learn that We’ve suspended or terminated your right to Our Websites, you agree not to try to access the Websites again without Our permission.

Disputes and Indemnification

Please read this section carefully because it affects your legal rights. We hope that you won’t have any problems when you use Our Websites. If you do, We ask that you contact Offer18 customer support at support@offer18.com. However, if there is a problem that We can’t fix, and you have any claim, cause of action, or dispute (a “claim”) involving Us (including Our officers, directors, affiliates, employees, agents, successors, and assigns) that arises out of or relates to these Terms, you must bring that claim within one year, unless a longer period is required by law. If you don’t, you’ll lose the right to bring the claim. The laws of the State of India (notwithstanding any conflict of laws rules) will apply to these Terms and your use of Our Websites. You agree to the exclusive jurisdiction of the Country, India. You may not assign your rights under these Terms or otherwise assign to anyone else any claims that you may have regarding the Websites. If you or anyone else brings a claim arising out of or relating to your use of the Websites, you agree to indemnify Us and hold Us harmless from any claims, losses, expenses, damages, and costs (including attorneys’ fees) that We have in connection with any such claim. If you have a dispute with someone else relating to Offer18, you release Us from any liability arising out of or relating to that dispute. All disputes Subject to Chandigarh Jurisdiction.

Disclaimer of Warranties

We provide Our Websites “as is,” without any representation or warranty of any kind. Offer18 disclaims to the maximum extent permitted by law all representations and warranties pertaining to Our Websites. Without limiting the generality of the statement above, we disclaim to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose; (b) warranties against infringement of any third-party intellectual property or proprietary rights; (c) warranties relating to the transmission or delivery of the Websites; (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the Websites; and (e) warranties otherwise relating to performance, non-performance, or other acts or omissions by Offer18 or any third party. Further, there is no warranty that the Websites will meet your needs or requirements, or the needs or requirements of any other person. We make no warranties or representations, express or implied, (a) that the information provided through the Websites will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the Websites will be available at any particular time or location; (c) that defects or errors in the services will be corrected; or (d) that the Websites are free of viruses or other harmful components.

Limitation of Liability

To the maximum extent permitted by law, we are not liable for any damage arising out of or relating to your access, use, misuse, or inability to use the Websites or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. We will not be liable for any special or consequential damages, including lost profits, even if we have been advised of the possibility of those damages. Our aggregate liability to you in connection with any claims arising out of or relating to the Websites will be limited to the greater of $100 or the total amount that you paid to us over the past six (6) months. If a law restricts Our ability to limit liability, the limitations listed above may not apply to you. In that case, We limit Our liability to the greatest extent permitted by applicable law.

Changes to These Terms

We may change these Terms from time to time. If We do, We’ll post the most recent version on Our site. You can view the latest Terms any time by clicking the “Terms of Use” link at the bottom of the applicable webpage. We encourage you to check for updates regularly. Your continued use of the Websites means that you have agreed to the updated Terms.

PAYMENTS

Provider is entitled to collect license fees from Users for the granted right (sub-license) to access and use of Software via the Site, according to the prices indicated in the Pricelist, available at https://www.offer18.com/pricing. You acknowledge and agree that Owner is entitled, at its sole discretion, to change the Price list at any time. Such changes shall be posted by the Owner on the Site. Unless otherwise stated, all fees are quoted in USD. All payment conditions as well invoice issuing terms are indicated in the End – User agreement.

GENERAL RESPONSIBILITIES

All Users and Visitors acknowledge and agree that Owner is not required to verify (though it has the right to do so), and therefore cannot be held responsible for any Users’ actions or inactions related to the Site or the Software and/or their compliance with applicable law.
Every User is responsible and must comply with all applicable laws related to his/her use of the Site and the Software. In particular, but without limitation, Users and Visitors must not: (i) infringe any third-party rights, or (ii) use the identities of other companies/individuals.
You acknowledge and agree that Provider and/or the Owner are not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of a User actions while using the Site and/or the Software. Only User himself is responsible for his actions while using the Site and/or Software and his/her compliance with all applicable laws.

USERS’ RIGHTS, RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

Users undertake the following: (i) when registering on the Site to provide true information, including his or her real name, company he represents, contact details; (ii) to sign up for the Site only once and not to create more than one Account (one Account per User); (iii) not to use the Site and/or Software for performance of unlawful actions or transactions or frauds; (iv) not to copy or to otherwise make an illegal use, of information placed on the Site that was uploaded by Owner or any other third party; and (v) to ensure that all information provided is correct.

Users and Visitors undertake that, while using the Site and Software, they will: (i) not infringe property rights or personal non-property rights of Owner and/or any third parties (including intellectual property rights); (ii) not violate any applicable laws or regulations; and (iii) not upload any data that is contrary to law or contains any viruses or other computer programs or files that may (xi) interfere with the normal operation of the Site and/or Software, (xii) cause damage to the Owner and/or User or their property, or impede a User’s use of the Site or Software and the User’s computer.
You also agree and shall not to use the Site and/or the Software for any unlawful purpose, in a way prohibited by the Terms and Conditions, including, but not limiting to, (i) not to use any hacking or cheating software or tools to obstruct, disrupt or interfere with the operation of the Site and/or the Software; (ii) not to use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or the Software, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Site and/or Software; (iii) not obtain or attempt to obtain any information from the Site and/or the Software, including email addresses or phone numbers of other account holders or other software data; (iv) not to use the Site and/or the Software for any illegal, obscene, offensive or immoral purpose.
Owner or Provider (or other Owner’s licensee) are not responsible for any User`s behavior while using the Site or the Software. Users are solely responsible for his/her use of Site and/or the Software, including the use by their employees or any unauthorized person.
Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under their password or account. Users agree to (i) immediately notify Owner or Provider of any unauthorized use of their password or account or any other breach of security, and (ii) ensure that they exit from their account at the end of each session when accessing the Site/the Software. Provider and/or the Owner will not be liable for any loss or damage arising from your failure to comply with these obligations. Users undertake to promptly update any information on the Site that becomes irrelevant, outdated or inapplicable due to any changes in the User’s previously submitted data (particularly, all data submitted during registration at the Site).
Representations and Warranties When using the Site, you represent and warrant that you: (i) are 18 years old or older; (ii) shall properly comply with all of your obligations as set forth in these Terms and Conditions, End-User Agreement and any other Site Rules; (iii) shall be fully and exclusively responsible for any use of the Site and Software; (iv) have the right to represent the legal entity on behalf of which you use Software and commit to payments on its behalf; (v) shall pay any and all taxes related to the use of the Software; and (vi) shall promptly pay Owner or Provider for any paid Software pursuant to the fees and procedures specified in the Pricelist, and you understand that the non-performance of such obligations may result in an obligation to provide full compensation for any losses incurred by the Owner/Provider.

RIGHTS AND RESPONSIBILITIES OF THE SITE

Owner is entitled, at his sole discretion, to limit or terminate a User’s or Visitor’s right to use the Site and/or Software, including canceling a User’s Account and preventing a User from re-registering on the Site or a Visitor from re-accessing the Site.
Owner shall have the right, at his sole discretion, with or in case of a material breach of these Terms and Conditions and/or End-User Agreement without sending a formal notice to a User, to partially or fully block, suspend or terminate such User’s User Account, as a result of which the User may be deprived the right to use the Site or any of the Software.

Owner has the right (but are not required to), with an aim of restraining illegal activities, to observe at any time the User’s and Visitor’s actions, and the Users and the Visitors hereby agree to the same. Owner, aiming to protect the Site Users and Visitors from frauds and other offenses, may collect data about the conduct of Users.
Owner is entitled at any time to (i) modify, update and change the Site and/or Software; (ii) remove or modify features, functionalities of the Site and/or Software; (iii) stop or terminate the Site / the software entirely or in part; or (iv) rearrange any uploaded or posted information as long as such rearrangement does not affect Users’ data.
The Site and the Software are operated and maintained solely by the Owner. Provider has nor rights, nor ability to modify the Site / the Software, as well as no rights to use the Software. Provider does not provide any services to the Users, except of Licensee Level Support.
Owner is entitled at any time to unilaterally terminate or suspend or transfer to third parties the operation of the Site and the Software, and, to the extent practicable, shall use commercially reasonable efforts to provide Users with notification of the same.

PERSONAL DATA

Personal/corporate data of Users shall be collected and processed in accordance with the provisions of law and in accordance with the Privacy Policy available at https://www.offer18.com/privacy_policy. The cancellation of the User Account does not mean that Owner will delete all the Account relevant information or User personal/corporate data. Such deletion shall be at Owner option and discretion and Owner may decide to retain and store such information in connection with an investigation or as otherwise required by law or in order to take legal action in consequence of a violation of these Terms and Conditions, the Privacy Policy or any other Site Rules.

ADDITIONAL AND GENERAL LEGAL PROVISIONS

Site Content
The contents of the Site, such as text, graphics, images, trademarks, service marks, logos and other material, (collectively “Content”), are protected by copyright and other intellectual property laws under both India and foreign laws, and are owned by the Owner. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, create derivative works or otherwise use or exploit the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

Limited warranty
The Content may contain inaccuracies or typographical errors. Owner (including Provider and other Owner’s licensees) makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Software. The use of the Site, the Software and the Content is at your own risk. Changes are periodically made to the Site / the Software and may be made at any time. owner (including provider and other owner’s licensees) does not warrant that the site and/or the software will operate error-free or that the software, the site and its server are free of computer viruses and other harmful goods. owner (including provider and other owner’s licensees) does not warrant and does not guarantee the absence of errors and failures in the operation of the site and/or software, including the correctness of work of the software and availability of the system. if your use of the site or the content results in the need for servicing or replacing equipment or data, provider is not responsible for those costs. the site, software and content are provided on an ‘as is’ basis without any warranties of any kind. provider, to the fullest extent permitted by law, disclaims all warranties.

Limitation of liability
in no event shall owner (including provider and other owner’s licensees) be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site, the software and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not owner is advised of the possibility of such damages. the aggregate liability of owner (including provider and other owner’s licensees) to you for all claims arising from the site, the software and the content is limited to six monthly fees for the chosen subscription plan.

Indemnity
You agree to defend, indemnify, and hold harmless Owner, Provider and/or other Owner’s licensees, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Software or the Content or your breach of these Terms and Conditions. Owner shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

User Submissions
You acknowledge and agree that any questions, comments, reviews, suggestions, ideas and feedback related to the Site/the Software (collectively, “Feedback”), provided by you in the form of email or other submissions to the Site, may be used, reused or shared by Owner to better serve you. The ideas and proposals made via Feedback are not an intellectual property of the User. Owner shall be entitled to the unrestricted use and dissemination Feedback for any purpose, excepting those uses and disseminations that violate the Privacy Policy.. All information and data uploaded by the User or retrieved, processed by the Software on behalf of the User shall remain the property of the User. User’s shall have a right to download, retrieve, copy, duplicate any of his data as stored on the Site or in/by the Software. Owner has the right to use the trademark (service mark) or the User's logo, as well as its name by posting on the Owner’s service and in promotional materials during the term of this agreement and for a period of three (3) years after the termination of this agreement.

Links to Other Sites
The Site may contain links to third party web sites. Owner is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web site, you do so at your own risk.

Miscellaneous
These Terms and Conditions are governed by the laws of the India without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. In the event of a legal dispute, it will be resolved according to dispute resolution procedures as provided in the End-User Agreement. These Terms and Conditions together with End-User Agreement, Privacy Policy and other Site Rules, which make an integral part of the agreement, constitute the entire agreement between you and Owner or Provider with respect to the use of the Site, the Software and the Content. In case of any conflict between the documents, the End-User Agreement shall prevail.

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BILLING & REFUND POLICY

Offer18 billing process start after end of same month, there is no advance payment required. After usages of services for 1 Month, Offer18 issue invoice to client.
There is no refund allowed after payment due to PostPaid Billing.

Miscellaneous

If any part of these Terms is determined to be unlawful, void, or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact. If We do not enforce any provision of these Terms, that will not be considered a waiver of Our rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Offer18.

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