Last updated on March 28, 2019
Welcome to Adteria ("Adteria"). We provide all information about the company, the team, products and services through our website at adteria.com ("Website"). These terms of service ("Terms of Service") govern your access to and use of our products and services ("Services") and aim to provide you with an understanding on our Services.
Our Services are very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
By visiting, browsing or adding information, you are deemed to have accepted these Terms of Service in full with effect from the date you first use our Services. If you do not agree to these terms, please immediately discontinue use of our Services. We reserve the right to change these Terms of Service from time to time in our sole and absolute discretion without notice. Such changes will become effective and binding immediately upon posting to this Website and you will be deemed to have accepted such changes by your continued use of our Services.
You represent and agree that you will not use our Services, nor allow anyone to use our Services, (a) contrary to Adteria’s reputation, public image, or goodwill; (b) in violation of any law, regulation, ordinance or court order; (c) in any manner that could damage, disable, overburden or otherwise impair the ability of Adteria to make our Services available to other users or to interfere with the use and enjoyment of our Services by other users; (d) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous; (e) to harass, intimidate, threaten or encourage any violence against any person, group or organization; (f) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service; (g) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of Adteria, any other users or any third party; (h) to engage in any conduct that could expose Adteria to civil or criminal liability; or (i) to engage in any conduct that could be damaging, harassing or aggravating to any other Adteria users ("Prohibited Conduct").
A person who is eligible and desires to create an account may, upon consenting to these Terms of Service, submit an application to register in accordance with the procedures set forth by Adteria. Adteria reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.
If you become a registered user of our Services in order to gain access to support or other limited access parts of the Services, you agree (i) that the information you provide to Adteria in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that Appteria reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Services to any third party without the prior written consent of Adteria and (iv) not to permit any third party to use your user name and password to access our Services.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any breach of security. However, you may be held liable for losses incurred by Adteria or any other user or visitor to our Services due to someone else using your account information. You may not use anyone else’s account information at any time without the express permission of the account holder. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
Adteria makes available its Software and Services to any registered user (to the extent it is applicable, a "User") on a free or paid subscription basis. "Software" shall mean the object code version of any Adteria Software available in our Services, any associated user documentation provided to the User as modified by Adteria from time to time, and any updates, upgrades and/or modifications of the foregoing. "Adteria Services" shall mean the online Adteria Services which are made accessible to the User by Adteria.
If you elect to subscribe to the our Services for the time being, you will be required to furnish to us additional information in order to process your subscription, including without limitation your credit card information and other subscription confirmation details. The period within which you subscribe to the our Services (including any renewal thereof) will hereinafter be referred to as "Subscription Period".
One user account is only eligible for one subscription. You may, however, create multiple accounts to purchase multiple subscriptions of our Services. By subscribing to our Services, in the event that the our Services is to be used for the benefit of third party in accordance with Clause 5(d) (e.g. in the course of your provision of services to your clients), you agree that you shall be responsible for the privacy of any client's data and information that may be collected via the Adteria Software. In such circumstances, one user account (i.e. one subscription) shall only be used for the benefit of one third party. In the event of any breach of this Clause 5(a), Adteria reserves its rights to suspend any user account pending rectification of such breach.
Subject to these Terms of Servise, during the Subscription Period (if applicable), Adteria grants to its User a non-exclusive, non-transferrable, non-sublicensable license to use the the Software solely for the User’s internal business purpose and not for any commercial and trading purpose and subject to the limitations on Adteria Services.
(c) Usage and Invoicing
Adteria will invoice user all fees for the Services. Adteria's measurement tools will be used to determine User's usage of the Services. User will pay all fees for the Services on a monthly basis using the payment option listed in Clause 5(d) below.
By subscribing to the Adteria Services in accordance with this Clause 5, you hereby allow us to process your payment by holding the credit card number provided by you and charge for the fee stipulated in the invoice. This, however, does not waive our right to seek payment directly from you through alternative methods if payment via the registered credit card fails for whatsoever reason.
With payment by card, you must provide us with a current, valid and accepted payment card ("Card") which belongs to you in accordance with the instruction within our Services. If the Card belongs to another person, you hereby warrant and agree that you have obtained their permission to use the Card for payment of our Services.
In the event that your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto. You may edit your Card by changing it on the "Manage Account" feature of the Platform. If a payment is not successfully settled, due to expiration, or otherwise, we will notify you of the unsuccessful payment transaction. You shall, within 7 days from our notification, edit your Card information and settle the subscription payment, failing which your user account will be terminated upon expiry of the 7-day period. We will not be liable for any loss, damage, cost and expenses that arise from the said account termination.
We use third party payment service providers to facilitate your payment. The terms of your payment will be based on your Card and may be determined by agreement between you and your financial institution, credit issuer or other provider of your selected Card. We disclaim all liabilities associated with the security of the Card. You shall be responsible to resolve any disputes with your financial institution, credit/debit issuer or other provider of your selected Card. Adteria has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where Adteria reasonably believes you to be in breach of these Terms of Service.
Your purchase of our services may be subject to applicable taxes, whenever required.
During the Subscription Period, the User shall not, and shall not authorize any third party to: (i) sublicense, use or duplicate the Software, or any portion thereof, except as expressly authorized in these Terms of Service; (ii) use the Software and/or the Services by, or for the benefit of any third party (provided that the User shall be entitled to use the Services in the course of providing services to its customers and clients); (iii) modify, translate, or prepare derivative works based upon the Software; (iv) reverse-compile or decompile, disassemble or otherwise reverse engineer the Software, except to the extent expressly required or permitted by applicable law; (v) rent, lease, loan, sell, transfer, distribute the Software and/or Services, or any copy or portion thereof, to any other person or entity (provided that the User shall be entitled to use the Services in the course of providing services to its customers and clients); (vi) alter, remove, or obscure any copyright, trademark, or other proprietary notices or confidentiality legend on or in the Services or the Software; (vii) use the Software to store or transmit fraudulent, infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy or intellectual property rights; and/or (viii) use the Software to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs. Except for the license expressly granted by Adteria to its Users under these Terms of Service, Adteria reserves all right, title and interests in and to the Software and any derivative works derived therefrom, and all intellectual property rights therein.
(f) User's Data
The User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property rights in all data, information or material that the User may process or submit to our Services ("User's Data"). The User's Data will at all times remain the proprietary property of the Users. Notwithstanding the foregoing, the User hereby grants to Adteria a non-exclusive and royalty-free license to use the User’s Data for any purpose directly and indirectly connected to the Adteria business operations.
(g) User's Obligations
The User understands that, in order to deliver our Services in a timely and accurate manner, Adteria may need to rely on you for access to certain customer hardware, software, systems, data and personnel. You shall (i) be responsible and liable for any action or inaction of your employees or contractors which is in violation of these Terms of Service, (ii) be solely responsible for the accuracy, quality, integrity and legality of any data or materials processed by the Services and of the means by which you acquires upload, transmits and processes those materials, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Adteria promptly of any such unauthorized access or use; (iv) make any disclosures to and obtain any consents (including from your employees and contractors) as required by any applicable law, rule or regulation for the use, processing, transfer, disclosure or access to your materials in or for the Software or as otherwise as contemplated by these Terms of Service; (v) be responsible for obtaining and maintaining appropriate equipment and ancillary services needed to connect to, access or otherwise use the Software and the Services, including without limitation, computers, computer operating system and internet access; and (vi) ensure that all user information is accurate an updated as necessary. You shall be liable for any breach of these Terms of Service by any user.
These Terms of Service will commence on the date of your acceptance of these terms until termination in accordance with this Clause 6.
(a) These Terms of Service may be terminated by either party: (i) upon 5 days written notice if the other party materially breaches any provisions of these Terms of Service and the breach remains uncured within the 5 days period; (ii) effective immediately on written notice, if the other party ceases to do business, otherwise terminates its business operations; (iii) effective immediately on written notice, if the party becomes insolvent or seeks protection under any bankruptcy, receivership, creditors arrangement, composition, or if any such proceeding is filed against it; (iv) by Adteria, upon 30 days written notice to you; or (v) by you, by cancelling your subscription via our Services provided that if you terminate without cause prior to the end of the prevailing Subscription Period, you shall be immediately liable for the balance of the fee for the remainder of the Subscription Period.
(b) Subject to Clause 6(c) below, upon any expiration or termination of these Terms and Conditions: (i) all licenses and rights granted by Adteria to you hereunder shall terminate; (ii) you will cease all use of the Software and the Services (including removing any tracking codes embedded on your websites and/or applications); (iii) you shall immediately return to Adteria the Software (to the extent it is applicable), all duplicates and any Adteria Confidential Information; and (iv) all outstanding amounts shall become immediately due and payable.
(c) In the event that your subscription is terminated pursuant to Clause 6(a)(iv), Adteria may, at its absolute discretion, allow you to continue accessing your user account for purpose of managing your subscription, any User's Data and any related materials.
(d) Appteria reserves the right but does not have an obligation to suspend the provision of our Services prior to exercising its termination rights under these Terms of Service.
You agree to receive communications from us electronically. We will communicate with you by email, messenger or SMS, as the case may be. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The content on this Website and our Services are intended for your personal use. Unless otherwise noted, all content, including text, graphics, images, logos and software, is the proprietary property of Adteria or its third party content providers or licensors, and is protected under the applicable intellectual property laws. You may display, copy, download and print hard copy portions of content appearing on this Website and our Services solely for your own non-commercial use or any other purposes as contemplated within the use of this Website and our Services. Except for such expressly permitted uses of content appearing on this Website, you may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any content appearing on this Website, in whole or in part. Any unauthorized use of any content appearing on this Website and our Services may violate copyright, trademark and other laws and could result in criminal or civil penalties. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your breach of this Clause 9.
It is free to generally use this Website. For details about the cost of our Services, please refer to our latest pricing guidelines posted on this Website, which may be amended and updated at our sole discretion from time to time without prior notice.
By subscribing to our newsletter, you agree to receive email, message and SMS from us. The aim of our newsletter service is to keep you updated about new product service offerings, articles, latest happenings in Adteria from us. The subscription to our newsletter service is not mandatory. We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website will also be subject to these Terms of Service. We reserve the right to unsubscribe users or visitors from our newsletter service, without notice. We will do so with any subscriber whom we deem is registered with unverifiable identity. We may require our subscribers to confirm their email address upon registration. You may unsubscribe from our newsletter service at any time through the unsubscribe link contained in your newsletter email or contact us at the details set out below.
We take special care to protect the safety and privacy of children. This Website and any affiliated Adteria websites and applications are general audience websites and applications, but Adteria does not knowingly collect personal information from anyone under the age of 18 without parental consent. Children under the age of 18 should always ask their parents or guardians for permission before providing any personal information to anyone online.
This Website and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by Adteria on an "as is" and "as available" basis, unless otherwise specified in writing. Adteria makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, products (including software) or services included on or otherwise made available to you through this Website, unless otherwise specified in writing. You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, Adteria disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Adteria does not warrant that this Website, the information, content, materials, products or services included on or otherwise made available to you through this Website, their servers or electronic communications sent from Adteria are free of viruses or other harmful components. Adteria will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products or services included on or otherwise made available to you through this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may be entitled to additional rights.
These Terms of Service constitute the entire agreement and supersedes any and all other prior understandings and agreements between you and Adteria with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or Adteria.
No failure or delay by us in exercising any right under these Terms of Service shall operate as a waiver of such right or extend to or affect any other or subsequent events or impair any rights or remedies in respect of or in any way modify or diminish our right under these Terms of Service.
These Terms of Service and your use of this Website and our Services shall be governed by and construed in accordance with the laws of the Malaysia.
If you have any questions about these Terms of Service, or have any further queries, you may contact us at email@example.com.