Customer understands, acknowledges, and agrees that these Terms and Conditions (“Terms”), are made as a part of the [Neo Marketics Ads Platform], which governs the access and use of the Service (as defined below) provided by Doozlers Pte Ltd (“Company”), a Singapore-based company with a principal place of business located at T-Space at Tampines. By opening an Account or otherwise using the Service, the Customer affirms its consent to these Terms. If a Customer is acting on behalf of or for the benefit of a corporate entity or other third party, Customer represents and warrants that it has the necessary authority to agree to these Terms and to bind such corporate entity or third party to these Terms.
Company represents and warrants to the Customer that (i) Company has the right, full power and lawful authority to be bound by these Terms and to carry out its obligations hereunder, (ii) the Service and other material and works in connection therewith used by Company under these Terms are works to which Company is the owner or to which the Company has licenses or other rights from its licensor, that authorize or otherwise permit the license and rights granted hereunder.
Each Customer warrants and represents to Company that (i) it has the right, full power and lawful authority to accept these Terms for the purposes herein and to carry out its obligations hereunder, and it has all requisite consents, licenses and authorizations required in order to use the Service (ii) it will use the Service only within the scope of the rights and authorization hereunder, (iii) it will not use the Service in violation of applicable law, rule or regulation, (iv) it will not use or continue the use of the Service, alone or in combination with other materials, in a manner that would, constitute infringement of a third party’s intellectual property rights; and (v) will strictly comply with all rules and instructions of any applicable ad network, whether while using the Services or operating directly with such advertisement platform. It is acknowledged by the Customer that its compliance with the terms and conditions of the applicable Ad Network is an essential part of this Agreement and that breach of such terms and conditions may lead to significant damages to the Company and its other customers for which Customer shall be held accountable.
Information provided by the Company or is included in the Service (except for Customer generated content and except for reports and information on Customer’s activities as presented in the Platform), shall be deemed as confidential information, and shall be kept in strict confidence. Customers may not disclose any such information unless they are compelled to do so pursuant to a valid court order, in which case, the Customer shall notify the Company, if permitted under applicable law, promptly upon receipt of such order.
The Customer and each of its Additional Users agree and understand, and hereby authorizes the Company, to collect, retain, backup, store, transfer and use information, data and content regarding usage of the Service (“Data”). For the avoidance of doubt Company does not require the Customer and each of its Additional Users to provide any personal information for the usage of the Service. The Customer may, at its sole direction, upload to the Platform personal information, in such case Company shall not be deemed responsible in any way to the personal information. Company’s permitted uses of the Data include analysis of actual usages for fees calculation, coverage analysis and monitoring activities. The Data may also be used by Company (in aggregated, anonymized, and non-attributable or personally identifiable form) to improve the operation and functionality of the Service). Should the Customer and each of its Additional Users request to opt-out from the above describe Data collection and use, it may do so by a written notice to the Company provided that the Customer and such Additional User understands that this may adversely affect the functionality and the use of functionalities of the Service. The Customer and each of its Additional Users agrees, and is liable to obtain the consent of any user or end user for the collection, storage and usage of Data by the Company, as described herein, and that Company and its service providers may transfer Data into or out of the United States, Europe, or other countries or jurisdictions outside user location, where data protection standards may vary. Company reserves the right to establish or modify its general practices and limits relating to storage of such Data, and/or to delete or destroy any or all such data periodically.
(a) Amendment; Contradictions. These Terms may be updated from time to time by the Company, in its sole discretion, which shall govern the use of the Platform and the rendering of the Services. Customer’s continued use of the Platform and the Services constitutes its acknowledgement and consent to the amended Terms. Company shall provide notification of any change in these Terms at least 7 days prior to such change taking effect by posting a notice on its Website or in any other means deemed fit by it. In the event of any contradiction between the provisions of these Terms and the provisions of an Order Form, the provisions of the latter shall prevail. (b) No Waiver. No delay or failure of any party to exercise any right provided herein shall in any way deem to constitute a waiver. No waiver shall be effective unless in writing signed by the waiving party. (c) Severability. If any provision of These Terms is declared invalid by any lawful tribunal, then it shall be adjusted to conform to legal requirements of that tribunal and that modification shall automatically become a part of these Terms. Or, if no adjustment can be made, the provision shall be deleted as though never included in these Terms and its remaining provisions shall remain in full force and effect. (d) Notices. Communications with the Company should be made through the chat option on the Company’s website. Notices by the Company will be provided to the Customer only, and such notice shall be deemed to be delivered to any Additional User as well. Contact details for the Company is as listed in the Company’s website and contact details for the Customer shall be as set forth in the Order Form unless notified otherwise by the Customer and acknowledged by the Company. (g) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to the provisions of conflict of laws. The courts of the city of Tel-Aviv-Jaffa shall have sole and exclusive jurisdiction and venue over any dispute related to this Agreement and both parties hereby consent to such jurisdiction and venue. (h) Assignment. Neither the Customer and each of its Additional Users may assign usage of or access to the Service without the prior consent of the other Party.
This document was last updated on September 16, 2021.