CHEAP MEDIA
TERMS OF USE
Effective Date: ... March 2019
Welcome to Cheapmedia!
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SERVICES. BY USING THE SERVICES, YOU AFFIRM THAT:
● YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS; AND
● YOU ARE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.
1. INTRODUCTION
1.1.. These Terms of Service is a legal agreement (this "Agreement") between you ("client", "you", or "your") and Cheapmedia Nigeria, ("Cheapmedia Nigeria," "we," "our", or "us"). The term “you” refers to the person visiting this Site, or contributing content on this Site. If you are accessing or using this Site on behalf of a business, that business accepts these Terms, and the term “you” also refers to that business. These Terms of Service are our offer to you and upon acceptance by you—by opening a Cheap Media Account or the use of the Services—binds you under the conditions specified below. Being an offer, it may be withdrawn by us at anytime before acceptance. By accepting the terms and conditions of this Offer Agreement through signing up for a Cheapmedia account, using of the Services, or making a payment for the Services, the Client confirms that they have become acquainted with this information and received relevant materials.
1.2. “Cheapmedia Nigeria” is a partnership between Cheapmedia.ru LLC and Hackney Digitech Company Ltd. “Cheapmedia Nigeria” exclusively offers the Services in the Nigerian market, rendering Hackney Digitech Company Limited liable to clients, including advertisers, advertising agencies and advertising sellers, in Nigeria or targeting the Nigeria market.
1.4 CHEAPMEDIA NIGERIA SERVICES
1.4.1. Cheapmedia is an advertising and marketing service which provides an advertising platform to advertising agents and advertising sellers (“Client”). As used in this agreement, "Service" refers to access to a platform where Clients create advertising campaigns by booking and paying for selected Advertising Products formed by Clients on the website.
1.4.2. Cheapmedia provides the Client with information on the composition and characteristics of the services included in the advertising Product which is directly provided to the Client by third parties—Principals, advertising agencies, sellers, and other persons providing services included in the advertising Product.
1.4.3. Cheapmedia's advertising platform enables its Clients purchase various promotional Products an unlimited number of times at different times; enjoy access to application for booking promotional products through a personal account on the Agency's website; have the choice of independently selecting suitable advertising Products from among the Products proposed, taking into account cost, launch, and placement terms, and other conditions. The Client has control over advertising contents as it is responsible for presenting necessary documents and files for displaying an advertising message using an advertising Product.
2. TERMS AND DEFINITIONS
2.1. Client: a natural or legal person interested in purchasing promotional
Products of Principals through the Agency's website, as well as third parties
in whose interests the Client acts.
2.2. Agency: the legal entity Cheapmedia.ru LLC and and its representatives such as Hackney Digitech Company Ltd, its partner and representative in Nigeria responsible for and liable for the administration, operation, and management of “Cheapmedia Nigeria” offering the Services on Cheapmedia.net.
2.3. Website (agency website):
website and services at www.cheapmedia.net
2.4. Advertising Product: a single commercial proposal formed for the
production and placement of a specific amount of advertising information on a
specific source (for example, a video on a TV channel; a sponsor of a weather
forecast on a radio station, an animated banner on a website, etc.).
2.5. Principal: a natural or legal person, the owner or authorized representative of any advertising distributor and promotional products of which are offered to the Client on the Agency's website.
2.6. Personal account: a personal
account of the Client on the site, which only the Client has access to by
password. It contains up-to-date information about purchased and booked
promotional Products.
2.7. An advertising campaign (marketing plan): is a collection of several
advertising Products formed by Clients on the Agency's website.
2.8. Production (production): is a kind of advertising Product which involves
the manufacture (creation) of graphic, audio-video, or text materials (layouts)
based on information provided by the Client. Within the framework of the
contract, the result of the production is computer files (layouts, videos,
banners, articles) in a format that is suitable in terms of its technical
parameters for playing the advertising message on the media of the advertising
Product.
3. SUBJECT OF THE CONTRACT
3.1. The Agency undertakes, on the instructions of the Client, to provide
services for booking and paying for the selected Advertising Products by the
Client in the manner and within the deadlines set by the agreement and the
Client undertakes to pay and accept these services. The task of the Client and
the requirements of the Client to the terms of the advertising campaign with
the help of advertising Products are reflected in the Application for the
reservation of advertising Products (hereinafter referred to as the
“Application”).
3.2. The Advertising Product, which meets the Client’s requirements specified
in the Application, is preliminarily formed on the Agency’s website by the
Principal, the details of which are contained in the annexes to the contract or
in the relevant sections of the site. The Principal is a person (performer) who
ensures the direct provision of services to the Client included in the
advertising Product and is responsible to the Customer for refusing or
improperly rendering services to the Customer included in the advertising
Product, regardless of who they should have provided or provided these
services.
3.3. As part of the advertising Product, or by the individual advertising
Product may be:
●
placement
services (demonstrations) of the Client’s advertising information on any media
carriers (television, radio, outdoor advertising, newspapers and magazines,
advertising on
transport, websites, BTL, etc.);
● promotional activities, consulting, and marketing services;
● production, production of other promotional materials at the request of the Client.
3.4 The Agency provides the Client
with information on the composition and characteristics of the services
included in the advertising Product. The services included in the advertising
Product are directly provided to the Client by third parties—Principals,
advertising agencies, sellers, and other persons providing services included in
the advertising Product.
3.5. The Agency service is considered to be rendered from the moment of the
execution of the Client's application for transferring funds to the Principals
for advertising Products selected by the Client.
3.6. The Client is entitled to purchase various promotional Products an
unlimited number of times at different times.
3.7. The Client agrees that the Agency has the right, for marketing purposes,
to inform an indefinite number of persons about the fact that the Client has
used the Agency's services, except for those data for which concealment of
personal data is mandatory.
3.8. All information provided by the Client when registering on the Agency's
website and concluding an agreement must be reliable. If the Client provides
inaccurate information, the display of the Client’s advertisements can be
stopped without refund.
3.9. The Client agrees that the Agency has the right to independently choose
hardware and software, technical platform, addresses (URL), format of
communication with the Client through telecommunication channels, including
with the involvement of third parties, to provide services under this contract.
3.10 The Client agrees to protect the personal data of data subjects in the course of processing data for the purpose of carrying out its obligations under this Agreement. For this purpose, apart from the provisions on privacy policy under this Agreement, the Agency's privacy policy published on its website shall also apply and it is binding on parties.
4. PRIVACY POLICY
4.1 The Client agrees that the personal data provided to them by uploading copies of documents to the Agency’s database via the web interface at http://www.cheapmedia.net or via various communication channels in order to comply with the requirements of the legislation of the Federal Republic of Nigeria are processed by the Agency in full, necessary for the execution of the Agreement, including providing access to the personal data of the Client to the authorized employees of the Client. By this Agreement, the Client expresses its unconditional consent to the processing of its data by the Agency for the implementation of its service and provision of services, including the preparation and dissemination of information in various ways (in particular on magnetic media and using telecommunication means) provided for by the current legislation of the Federal Republic of Nigeria. The processing of the personal data of the Client (the subject of personal data) refers to the actions (operations) of the Agency with personal data, including the collection, systematization, accumulation, storage, refinement (update, change), use, distribution (including transmission), depersonalization, blocking, destruction of personal data. Responsibility for providing knowingly false documents rests entirely with the Client. In case of detection of inaccuracy of the data specified by the Client, the Agency has the right to send a request to the Client with a request to confirm its data, and in case of a non-response, suspend the provision of services to the Client by sending a notification to him at the contact email address.
4.2 The Client, who is an individual
or a legal entity, agrees that the personal data provided to them will be
stored in the Agency’s database for the duration of this Agreement, as well as
for 3 (three) years from the date of termination. The client agrees to the
processing of the following personal data: surname, name, patronymic; Taxpayer
Identification Number (TIN), date of birth; mailing addresses (at the place of
registration and for contacts); information on citizenship; the number of the
main document certifying the identity of the Client, information about the date
of issue of the document, and the issuing authority; phone numbers; fax
numbers; and email addresses (e-mail).
4.3. The Client agrees that the Agency has the right to involve third parties
to provide services under this Agreement at its own discretion. In this regard,
the Client agrees that its personal data may be transferred by the Agency to
such a third party for the purposes of the latter to provide services. In this
case, the personal data of the Client will be transferred by the Agency to a
third party only to the extent necessary for the purposes of the execution of
this Agreement. The Agency will ensure that the third party has put in place
adequate data protection policies and mechanisms for the safety and security of
the personal data to third parties.
4.4 The terms on which we process any personal information that we collect from you or that you provide to us are described in our Privacy Policy, located at http://cheapmedia.net/about/nigeria/privacy-policy.php Please review our current Privacy Policy, which also governs your use of this Site, to understand our practices. The Privacy Policy is incorporated into these Terms, and by using the Services, you agree to the Privacy Policy and consent to the processing of any personal information as described in the Privacy Policy and you warrant that all data that you provide is accurate.
5. RIGHTS AND OBLIGATIONS OF THE
PARTIES
5.1. The Agency undertakes to:
5.1.1. Comply with the provisions of this Agreement.
5.1.2. Provide booking and payment services for promotional Products at the
request of the Client.
5.1.3. Provide advice on the reservation (reservation) of advertising Products
on the site, by phone, using online chat and email.
5.1.4. Provide the Client with the required information, including:
● terms of placement (publication) of the Client’s advertising with the help of the advertising product;
● timing of release (publication, placement, display) advertising;
● requirements of the advertising Product for the information to be placed (for the production provided by the Customer and other information), as well as age and other restrictions related to the place, method and time of displaying the Customer’s advertising using a specific advertising Product;
● the geography of the advertising product, the potential reach of the audience (circulation);
● the cost of placement, the estimated cost of one media contact;
● payment order;
● the terms and conditions for the launch (exit) of the advertising Product;
● a description of the audience of the Product, its size, parameters.
5.1.5 Timeously notify the Client by e-mail or through a personal account about confirming or not confirming the reservation of promotional Products at the request of the Client. But the Agency does not guarantee the Client that the selected Advertising Products for which the booking was confirmed for the time the Client has paid the invoice and the time required to complete the technical procedures for activating the advertising Product will not be acquired by third parties; in such cases, the Agency, in conjunction with the Principal (owner of the advertising Products), offers the Client a different time of advertising, or similar Products, or a cash refund.
5.1.6 Timely review the changes to
these terms the moment they are published by the Agency on the website http://www.cheapmedia.net.
The continued use of the Services after 3 days of the publication of the
changes on the website indicates Client's agreement to the changes effected. In
case of disagreement with the changes, the Client undertakes to notify the
Agency within 3 days by an official letter with acknowledgment of receipt. In
this case, the Agreement shall terminate upon the entry into force of the
amendments.
3.1.9. In case of receipt by the Agency of an official letter after the entry
into force of changes, the Agreement shall terminate from the date of receipt
of the notification. The services received by the Client from the date of
introduction of the amendments prior to the date of receipt of the
notification, inclusive, shall be provided to the Client subject to the changes
introduced.
5.2. The agency has the right to:
5.2.1. Refuse to perform the contract if the Client violates the payment
procedure established by the contract, as well as in cases when the Client does
not provide or untimely provide the information, files and documents necessary
for the execution of the contract or the Client violates other obligations
established by this contract using the consequences stipulated in clause 6 of
this agreement.
5.2.2 Receive bonuses, discounts, and other forms of material incentives from
the Principal and leave them at your disposal.
5.3. The client undertakes to:
5.3.1. Comply with the provisions of this Agreement.
5.3.2. Provide accurate information necessary for entry into the Agency
database.
5.3.3. Timely pay for the services of the Agency. In case of non-payment of
promotional Products for which there is a confirmed reservation, more than 2
days from the date of confirmation of the booking application, the Agency has
to charge the Client a 10% fine of the cost of the advertising Products ordered
by the Client.
5.3.4. In the agreed time specified in each specific advertising Product,
provide the Principal through the Agency with the required (for the start)
advertising (production) files or information in the required format for their
production.
5.3.5. Do not use the Agency's website for unauthorized actions, sending
unsolicited information to third parties.
3.3.6. Provide the Agency with accurate information about its address and
telephone number, details (for legal entities) necessary for the Agency for
prompt communication with the Client and execution of accompanying documents.
5.3.7. Comply with the requirements of the legislation of the Federal Republic
of Nigeria, including antitrust laws and regulations in Nigeria. At the request
of the Agency within 3 days to provide documented information about the
compliance of advertising with the requirements of the Law on Advertising,
including information about the availability of a license, mandatory
certification, state registration.
5.3.8. Solve all issues of copyright and related rights to use the works in
production, provided to the Agency, or in its production, independently and at
its own expense. In case of claims or claims from third parties to the
Principal or the Agency, including the owners of copyright and related rights
to works used in advertising, the Client independently resolves these claims at
its own expense.
5.3.9. Independently monitor the current status of information on booked and
purchased advertising products.
5.3.10. Independently ensure the confidentiality of its authorization
information (username and password for
access to the database and personal account on the Agency's website) and be
responsible for all actions performed using his password, bear the risk of
adverse consequences associated with his loss.
5.3.11. To familiarize the employees of the Client, as well as interested
persons, with the contents of the contract and with all the information
provided by the Agency to the Client if the Client has concluded this contract
not only on his own behalf, but also on behalf of or in the interests of others
specified in the contract persons; at the same time, the Client guarantees that
he has the authority to conduct the transaction in the interests of others.
5.3.12 Responsible for maintaining adequate security and control of any and all IDs, passwords, or any other codes that you use to access the Cheapmedia Services.
5.3.13 In order to access Cheapmedia services you will be required to create security details, including username and password. You agree and accept responsibility for:
• The safekeeping of your Cheapmedia account username, password, or any other authenticator code associated with your Cheapmedia account.
• All activities under your log-in email, Cheapmedia account and password.
• Notifying Cheapmedia immediately if you are aware of any unauthorized access to your Cheapmedia account and password by any person or any violations.
• Enabling any additional security features available to you, including the activation of two factor authentication on your Cheapmedia account.
• Maintaining security and control of your inbox, phone number, and any other application linked to your Cheapmedia account.
• Cheapmedia shall not and will not be responsible for any loss caused by your failure to comply with the security of your account.
5.4. The client has the right to:
5.4.1. To obtain, upon conclusion of the contract, the information provided by
the Agency in accordance with clause 2 of
this agreement.
5.4.2. Refuse to perform this
contract subject to the payment to the Agency of the actual costs incurred by
it in connection with the performance of obligations under this contract (the
amount of the costs actually incurred by the Agency largely depends on the
expenses of the Principal
who forms the advertising Product.
5.4.3. Require compensation for damages in case of noncompliance with the terms
of the contract in accordance with the procedure established by the laws of the
Federal Republic of Nigeria.
6. FEES AND CHARGES FOR SERVICES AND PAYMENT PROCEDURE
6.1 The cost of services is set in
naira and is determined by the tariffs for services. You agree and accept all
charges/fees applicable to all transactions conducted on the Cheapmedia
website. Cheapmedia reserves the right to make changes to the charges/fees at
any time on the website. Changes in charges/fees will be updated on the
website.
6.2. The reservation application is the consent of the Client to pay for the
service (promotional Products) at prices that are valid on the day of the
filing of such an application.
6.3. Services are rendered if there is sufficient amount on the Client’s
personal account to pay for the ordered services.
6.4. Refund of unused funds from the Client’s account upon termination of the
Agreement or in the event that the Client submits that it is impossible to use
the Services is made within 30 days if the Client’s written statement is
available indicating the full details for the refund. The balance of the funds
shall be returned minus the amount of the cost of the Services, which the
Customer has used from the moment of the conclusion of the Agreement, unless
otherwise specified in the agreement. Interest is not accrued on the Client’s
cash balance at the Agency. As a general rule, the balance of funds can be
returned to the Client only for the payment instrument with which they were
used. An exception is made by payment systems that do not support the return
procedure.
6.5. When making a refund from the Client’s account, the Agency is entitled to
request additional documents confirming the details and legitimacy of the
payment made, as well as the identification data of the Client. If the
requested documents are not provided, the Agency suspends work on the Client's
request for a refund until the moment of receipt of the necessary information.
6.6. The balance of unused funds is returned to the Client only if no less than
45 (forty-five) calendar days have passed since the date of crediting. In case
if less than the specified period has passed since the date of crediting the
funds, the Agency has the right to refuse the Client to withdraw funds before
the expiration of such period.
6.7. An application for booking promotional products is issued by the Client in
a personal account on the Agency's website. The client independently selects
suitable advertising Products from among those proposed, taking into account
their cost, launch and placement terms, other conditions.
6.8. The Agency informs the Client about the possibility of providing services
for booking and paying for an advertising Product that meets the Client's
requirements specified in the Application, within 7 working days from the
moment of the formation and sending of a booking application by the Client. The
client receives the relevant information in his personal account on the
Agency's website or by e-mail. When confirming the reservation of an
advertising Product by the Principal, the Customer pays within 2 calendar days
from the moment of confirmation 100% of the value of the advertising Product
(Products), taking into account the advances made.
6.9. The terms of the contract on the order of payment may be changed by
agreement of the parties.
6.10. If the price of the advertising Product is not fully paid up and until full
payment has taken place, there can be an increase in its cost and / or
additional advertising services, including, but not limited to: an unexpected
change in the cost of services as required by regulators, including side of
increase, introduction of new or increase in existing taxes, fees and other
mandatory payments, the Client pays the surcharge specified by the Principal by
transferring funds to the Agency.
6.11. The Agency confirms to the Client the possibility of selling an
advertising Product on the basis of confirmation by the Principal (“Booking
Confirmation”) in accordance with agreements concluded between the Agency and
the Principals.
6.12. In case the Principal does not confirm the possibility of the
implementation of the Advertising Product selected by the Client within a
reasonable time, the Agency has the right to offer the Customer another
advertising Product or other advertising time. At the same time, in the event
of a change in the price and other essential conditions of the advertising
Product, its sale takes place in accordance with an additional agreement to
this Agreement.
6.13. If the Client is not satisfied with the newly selected advertising
Product, the rights and obligations of the Parties to this agreement shall
terminate with the subsequent return to the Customer of the full value of the
funds transferred to them by the Agency within the terms in accordance with
clause 6.4 of the Agreement and all other relevant clause in this agreement.
6.14. All types of payments under this agreement are made in Nigerian Naira.
6.15. Settlements between the Agency and the Client are made by depositing
funds by the Client to the cashier’s office of the Agency, the cashier of an
authorized bank, or in a cashless form. The funds are credited to the client's
personal account, the balance of which is available in the
personal account on the site, and already from the personal account is debited
as payment to the Principals for advertising products ordered by the Client.
6.16. The obligation to pay under the contract can be performed by the Client
personally, or by imposing the obligation to pay to a third party. Payment
under the contract by a third party confirms the acceptance of this obligation.
The third party does not have the right to refer to the lack of his intention
and (or) the authority to make payment under the contract.
7. CORRESPONDENCE OF THE PARTIES
7.1. The parties to this Agreement recognize the legal force of the texts of
documents received through communication channels along with documents executed
in simple written form. Exceptions to this rule are: exchange of claims for
which simple written form is required, official letters with requests for
changing the administrator's identification data, for canceling registration,
for transferring/ receiving domains between administrators and registrars, and
other official letters listed in the official documentation published Online.
7.2. The communication channels with the Agency in terms of this Agreement are
contact numbers and e-mail addresses published on the Agency's website.
7.3. The parties assume full responsibility for the actions of employees who
have access to communication channels.
7.4. The main channel of communication with the Client is the email address
specified by the Client when registering on the Agency's website and when
concluding the Agreement. The secondary (backup) channel of communication with
the Client is the Client’s personal account on the Agency’s website. In case of
receipt by email of a letter or other notice from the Agency requiring an
answer, the Client is obliged to respond to the received letter within 2 (Two)
business days from the moment of receipt.
8. RESPONSIBILITIES OF THE PARTIES
8.1. For non-fulfillment or improper
fulfillment of obligations under this Agreement, the Parties shall be liable
under the current laws of the Federal Republic of Nigeria, subject to the
conditions established by this Agreement.
8.2. The Client is responsible for the accuracy of the information provided to
them for the purpose of executing the Agreement, and the timeliness of its
provision.
8.3. In case of providing inaccurate information about the final recipient of
the service (the final buyer of the advertising Products - the advertiser), the
Client undertakes to compensate all losses incurred by the Agency in connection
with the provision of such information by the Client. In the event that third
parties file a lawsuit with the Agency, due to the provision of deliberately
false information by the client to the final advertiser, the Client undertakes
to reimburse all expenses of the Agency related to the consideration of such a
claim. The Agency informs that the Client who provided false information is
liable in accordance with the laws of the Federal Republic of Nigeria as the
person who directly ordered and paid for the service.
8.4. If the Client refuses or performs actions indicating the refusal of one or
several services included in the advertising Product, during the display of
advertising messages for any reason, as well as if the advertising messages
shown by the Product are interrupted for a reason related to the violation of
the laws of the Federal Republic of Nigeria on Advertising, or for other
reasons not dependent on the Principal and the Agency, the client does not make
compensation for the unused portion of the advertising time of the Product.
8.5. The Agency is not liable to the Client and does not reimburse losses
incurred due to the Client’s lack of the necessary documents to enable the
start of advertising messages (certificates and certificates for the advertised
product, certificates of ownership of the brand,
etc.) using the advertising product paid by the Client.
8.6. The client is responsible for violation of the requirements established by
laws of the Federal Republic of Nigeria on advertising as an advertiser and
advertising producer
8.7. In the event of a change or termination of the contract and (or) the
Client’s refusal to perform the contract and (or) refusal of the Agency’s
services, as well as in the cases listed in the contract and (or) if it is
impossible to execute the contract due to circumstances for which neither party
is responsible. The Client is obliged to reimburse the Agency for expenses
incurred by the Agency during the execution of the contract, including funds
transferred by the Agency to the Principals and other persons.
8.8. Late or incomplete payment by the Client of funds under this contract,
failure to submit the documents required by the Agency for the execution of the
contract are considered by the parties as an impossibility to execute the
contract due to the fault of the Client and shall have consequences according
to the laws of the Federal Republic of Nigeria.
8.9. Any changes and additions to this contract are valid only if they are made
in writing and signed by duly authorized representatives of the parties.
Changes and additions to the contract are made by the parties signing
additional agreements and are executed in the form of annexes to the contract.
8.10. Responsibility to the Client for failure to provide or improper provision
of services included in the promotional Product provided according to the
Client’s requirements specified in the Booking Request, regardless of who
provided or provided these services, is borne by the Principal (Principals) who
owns the Advertising Products.
8.11. If there are any remarks regarding the quality of services provided
during the display of advertising messages and listed in the Application, or
remarks regarding the actions of third parties directly providing services to
the Client, the Agency recommends the Client to immediately contact the
Principal and his representatives by telephone numbers indicated in his
personal office on the site.
8.12. In the event that the problem situation does not settle on the spot, the
Customer claims to the quality of the advertising product in writing to the
Principal within 20 days from the day the advertising product expires and are
subject to consideration by the Principal within 10 days from the date of
receipt of the claims. For losses caused to the Client, the Client is entitled
to file claims directly to the Principal.
8.13. In the event that the actions of the Client have caused damage to the Agency and third parties, losses in the amount and in the manner prescribed by the current legislation are collected from the Client. The amount of expenses actually incurred is determined on the basis of data provided by the Principal.
8.14. The client is responsible for
the presence of his documents and files necessary to start
displaying an advertising message using an advertising Product.
8.15. The Agency is not responsible
for any failures and interruptions in the work of the site (service) and the
loss of information caused by them. The Agency is not responsible for any
damage to the Client’s computer, mobile devices, any other equipment or
software caused or
associated with the use of the site.
9. PROHIBITED ACTIVITIES
In connection with your use of our website, your Account, the Cheapmedia Services, or in the course of your interactions with Cheapmedia, other Users, or third parties, you will not:
● use the Site or any Services in order to further, any breach of applicable Laws;
● use the Site or any Services to evade taxes under the Laws of Nigeria or any other jurisdiction(s) applicable to you or the Site;
● use the Site or any Services to interfere with or subvert the rights or obligations of Cheapmedia or the rights or obligations of any other Site user or any other third party;
● trade using fraudulent, misleading, or inaccurate information presented to the Site or to Cheapmedia or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
● use the Site or any Services to engage in conduct that is detrimental to Cheapmedia or to any other Site user or any other third party;
● falsify or materially omit any information or provide misleading or inaccurate information requested by Cheapmedia, including at registration or during the course of administering any Services to you;
● cause injury to, or attempt to harm, Cheapmedia or any third party through your access to the Site or any Services;
● where you are subject to prohibitions or restrictions as set forth above, access the Site or use any Services utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location, or access the Site or use any Services using a Digital Tokens Address in or subject to the jurisdiction of any Prohibited Jurisdiction or Government or Government Official thereof; or
● violate, cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws.
If Cheapmedia determines that you have engaged in any Prohibited Use, Cheapmedia may address such Prohibited Use through an appropriate sanction in its sole and absolute discretion. Such sanction may include, but is not limited to, suspending or terminating your access to any Services.
10. LINKS TO OTHER WEBSITES AND SERVICES
The Services also may contain links to other websites or online services that we think may interest you (collectively, “Linked Services”). Linked Services are not under the control of Cheapmedia and Cheapmedia is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Cheapmedia of the Linked Services or any association with the operators of the Linked Services. Cheapmedia does not investigate, verify or monitor the Linked Services. Cheapmedia provides links to Linked Services for your convenience only. You access Linked Services at your own risk. If you decide to use these third party services, you will be responsible for reviewing and understanding the terms and conditions associated with them. You agree that Cheapmedia is not responsible for the performance of these services. You may be offered services, products and promotions provided by third parties and not by Cheapmedia. The Website may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Cheapmedia.
11. INTELLECTUAL PROPERTY
11.1 "Cheapmedianigeria.com” and all other URLs, logos, and trademarks related to the Cheapmedia Services are either trademarks or registered trademarks of Cheapmedia or its licensors. You may not copy, imitate, or use them without Cheapmedia's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, or trade dress of Cheapmedia. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Cheapmedia through our merchant services, auction tools features, or affiliate programs without prior written consent for the purpose of directing web traffic to the Cheapmedia Services.
11.2 You may not alter, modify, or change these HTML logos in any way, use them in a manner that is disparaging to Cheapmedia or the Cheapmedia Services, or display them in any manner that implies Cheapmedia's sponsorship or endorsement. All right, title, and interest in and to the Cheapmedia website, any content thereon, the KurecoinHub Services, the technology related to the Cheapmedia Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of KurecoinHub and its licensors.
12. USING THE SERVICES
12.1 You are responsible for the software, device, and other hardware, Internet service, and mobile data service (and all associated fees) that you need to access and use the Services. We currently charge transaction fees for the Services and reserve the right to change these fees in the future.
12.1.1 Eligibility: By opening an Account with us, you expressly warrant and represent that:
● You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the Cheapmedia Site;
● You will not open or attempt to open an Account under any name except your own, or use your Account to carry out transactions on behalf of a third party;
● You will follow the Cheapmedia account sign-up process if you seek to open and use a Cheapmedia account for a non-individual legal entity (e.g. a company, trust or partnership);
● You will not have more than one Cheapmedia account; use or access any KurecoinHub account other than your own; or assist any other person in obtaining unauthorized access to any Cheapmedia account.
12.1.2 Your Account: You may be required to create an account (“Account”) to use certain features of the Services. When you create an Account, you must comply with the verification and setup process in order to use these Service features. You agree you will maintain your Account information to ensure that it is always current, complete, and accurate. If you provide untrue, incomplete, misleading, or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. By opening a Cheapmedia Account, you accept and agree that Cheapmedia may, without further notice and in its sole discretion, terminate, suspend, or restrict the account of any Client who uses, or who we reasonably suspect may be using the Cheapmedia Site or any Cheapmedia Account in a manner that is inconsistent with the letter or spirit of these Terms.
12.1.3 Availability of the Services: We do not guarantee availability of the Services at all times of the day. The availability of the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications, network congestion, or network issues, all of which are out of the control of Cheapmedia.
12.1.4 Updates to the Services: Cheapmedia may from time to time perform upgrades, updates, bug fixes, or error corrections to the Services (“Updates”) or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as expressly agreed in writing, Cheapmedia has no obligation to provide access to or support for the Services and is not responsible for any delay, delivery failure, or other damage resulting from use of the Services. Updates are part of the Services and subject to these Terms. Your continued use of the Services after the Effective Date constitutes your acceptance of the Updates.
12.1.5 Licence to Use the Site: If you comply with these Terms of Use, Cheapmedia grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Use. Nothing in these Terms of Use gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Service, or the Cheapmedia Marks. The Site may suspend or terminate the Service to you at its sole discretion as required by applicable Laws or where Cheapmedia determines that you have violated, breached, or acted inconsistent with any of these Terms of Use.
12.1.6 Restrictions on Your Use of the Services: You may use the Services for lawful, non-commercial purposes only. You agree that you will not (and you agree not to encourage or allow any third party to):
● Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or Cheapmedia’s computer systems or networks;
● Copy, modify, translate, adapt, or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
● Decompile, reverse engineer, disassemble, or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
● Remove, alter, or obscure any copyright, trademark, or other intellectual property or proprietary notices contained in the Services;
● Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape, data mine, or index any portion of the Services;
● Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast, or otherwise make available or exploit any features or functionality of the Services including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which they are accessible by more than one device at any time;
● Reformat or frame any portion of the web pages that are part of the Services without KurecoinHub’s written consent;
● Negligently, recklessly, knowingly, or intentionally transmit or upload any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous;
● Cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services or otherwise interfere with others’ use and enjoyment of the Services;
● Create an Account under fraudulent pretences;
● Engage in obscene, threatening, harassing, defamatory, libellous, deceptive, fraudulent, hateful, violent, abusive, pornographic, or otherwise offensive or unlawful;
● Collect or store Personal Information (as defined in the Privacy Policy) about or otherwise invade the privacy of any other user without his or her express prior written consent; or
● Attempt to circumvent or evade any content filtering or blocking techniques we employ, or attempt to access the Services from anywhere other than a permitted region, as defined below.
12.1.7 The Services may offer text messaging (SMS or MMS) services for registered users. Message and data rates may apply. Once you opt-in to receive text messages from Cheapmedia, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times. By agreeing to receive text messages, you understand and agree that Cheapmedia may use an automatic dialling system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
GENERAL PROVISIONS
13.1 Limitations of Liability
12.1.1 THE INFORMATION, CONTENT,
SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES PUBLISHED ON OR THROUGH THIS
SITE MAY INCLUDE INACCURACIES OR ERRORS. CHEAP MEDIA NIGERIA DOES NOT GUARANTEE
THE ACCURACY OF, AND DISCLAIMS, ALL LIABILITY FOR ANY ERRORS OR OTHER
INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF THE TECHNOLOGY
PRODUCTS AND RELATED SERVICES DISPLAYED ON THIS SITE (INCLUDING, WITHOUT
LIMITATION, THE PRICING, SCREENSHOTS, VIDEOS, LIST OF PRODUCT AND SERVICE
FEATURES, VENDOR COMPANY INFORMATION, GENERAL PRODUCT DESCRIPTIONS, ETC.).
CHEAP MEDIA NIGERIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES
CONTAINED OR DESCRIBED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR
OFFERING OF ANY PRODUCTS OR SERVICES ON OR THROUGH THIS SITE DOES NOT CONSTITUTE
ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY CHEAP MEDIA
NIGERIA. ALL SUCH INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR
SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY CHEAP MEDIA
NIGERIA. CHEAP MEDIA NIGERIA DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS
SITE, ITS SERVERS, OR ANY EMAIL SENT FROM CHEAP MEDIA NIGERIA, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. CHEAP MEDIA NIGERIA HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, CONTENT, SUBMISSIONS,
SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
13.1.2. IN NO EVENT SHALL CHEAP MEDIA NIGERIA (NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN
ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THIS SITE OR WITH
THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS SITE (INCLUDING, BUT NOT
LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER
VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS,
AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THIS SITE; OR OTHERWISE ARISING
OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THIS SITE) WHETHER BASED ON A
THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN
IF CHEAP MEDIA NIGERIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.1.3. To the maximum extent permitted by applicable law, Cheapmedia, its processors, the networks, and partners (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any:
● errors, mistakes, or inaccuracies of content;
● personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service;
● any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
● any interruption or cessation of transmission to or from the service, or any delay in performing our obligations under this agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control;
● any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party;
● any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
● user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Cheapmedia, its processors, agents, suppliers, licensors, networks, or the bank (or their respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of fees earned by us in connection with your use of the service during the three (3) month period immediately preceding the event giving rise to the claim for liability.
13.1.4. To the fullest extent permitted by applicable law, in no event will any of the Cheapmedia parties have any liability arising from or related to your use of or inability to use the services for:
● Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or consequential, incidental, indirect, exemplary, and special or punitive damages.
● Direct damages in amounts that in the aggregate exceed the amount actually paid by you for the services.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Cheapmedia was advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
13.2. No Warranty. The Cheapmedia services are provided “as is” and without any representation of warranty, whether express, implied, or statutory. Cheapmedia, our parent, and affiliates, our officers, directors, agents, joint ventures, employees, and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and noninfringement. Cheapmedia does not have any control over the products or services that are paid for with the Cheapmedia Services and Cheapmedia cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. Cheapmedia does not guarantee continuous, uninterrupted, or secure access to any part of the Cheapmedia Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. Cheapmedia will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but KurecoinHub makes no representations or warranties regarding the amount of time needed to complete processing because the Cheapmedia Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service.
13.3. Indemnification. You agree to defend, indemnify, and hold Cheapmedia, affiliates, and our officers, directors, agents, joint ventures, employees, and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your breach of this Agreement and/or use of the KurecoinHub Services.
13.4. No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
14. OTHER CONDITIONS
14.1. Neither Party may assign its rights and obligations under this Agreement
without the consent of the other Party.
14.2. Disputes arising from this Agreement, including in connection with its
execution, violation, termination, invalidity shall be resolved through
personal negotiations between representatives of the Parties. In the absence of
agreement, disputes are referred to the Lagos Court of Arbitration with
mandatory compliance with the preliminary claim procedure for resolving
disputes with the establishment of a response period to a written claim of 10
(Ten) calendar days from the date of its receipt.
14.3. The Agency hereby notifies the Client that the Principal may replace the
promotional Product booked and paid for by the Client or the time of its
publication (display) equivalent to the cost and category (free of charge from
the Client). Such a replacement is outside the scope of control of the Agency
at the time though the Client has the right to make a claim to the Principal in
connection with the inadequate quality of services.
14.4. Changes or additions to this text of the Agreement are made only in
accordance with the procedure established in this Agreement.
14.5. The Client agrees that the information provided to the Agency by filling
in applications, other documents, including in electronic form, by placing it
in the sections of the personal account of the site marked "publicly
available", will be posted by the Agency in search services, and available
to an indefinite circle individuals.
14.6. The client guarantees the Agency accuracy and timeliness of information.
14.7. You agree that no joint venture, agency, partnership, or employment
relationship exists between you and Cheapmedia or affiliates as a result of
these Terms or use of this Site.
14.8. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to, or gathered by, us with respect to such use.
14.9 If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
14.10. You may not assign or transfer any of your rights or obligations under these Terms without Cheapmedia’s prior written approval. You give Cheapmedia your approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of KurecoinHub’s equity, business or assets; or (iii) a successor by merger.
14.11. In the event that Cheapmedia is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
14.12 All provisions of this Agreement that by their nature extend beyond the expiry or termination of these terms, including but not limited to, sections relating to the suspension or termination of your Cheapmedia Account, use of the Cheapmedia Site, intellectual property, disputes with Cheapmedia, and general provisions shall survive the termination of these Terms.
14.13 Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
4.14 Notwithstanding any other provision of this Agreement, any translation is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretation in the English language. Any translation provided may not accurately represent the information in the original English.
14.15 These Terms (and any other terms, agreements, policies, or other referenced policies) constitute the entire agreement between you and guidelines with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Cheapmedia with respect to this Site.
15. AMENDMENT OF TERMS
15.1. We may amend the Terms from time to time. You should visit the Cheapmedia website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on our Site, or sent by email to the address associated with your Cheapmedia account.
15.2 Subject to clause 5.1.6 above, the continued use of your Cheapmedia account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Cheapmedia Site and your Cheapmedia account.
16. TERMINATION
16.1. On the initiative of either Party: In the event of insolvency
(bankruptcy) of either Party or in the case provided for in the Agreement.
16.1.1 Your right to terminate. You may terminate this Agreement by closing your Account at any time. When you close your Account, any pending transactions will be cancelled. Any funds that is held in your account with us at the time of closure, less any applicable fees, will be paid out to you, assuming all pay-out-related authentication requirements have been fulfilled.
16.1.2. Our Right to Terminate. We may terminate this Agreement and close your Account for any reason or no reason at any time upon notice to you. We may also suspend the Service if you (a) have violated the terms of the Cheapmedia's policies or this Agreement, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
16.2. Unilaterally by the Agency: in case of non-fulfillment by the Client of the obligations assumed by him in accordance with the terms of payment; when the Client performs technical and other actions not stipulated by the Agreement or unauthorized by the Agency which caused or may cause damage to the Agency or to third parties.
16.3. If your Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Service and to remove all card logos from your website and wherever else they are displayed, (c) that the license provided under this Agreement shall end, (d) that we reserve the right to delete all of your information and Account data stored on our servers, and (e) that neither Cheapmedia, the Principal, partners, or affiliates shall be liable to you or any third party for termination of access to the Service, deletion of your information, or Account data, or export of your information or Account data.
16.4. We may, at any time and in our sole discretion, add or remove functionalities or features of the Services. We may suspend or discontinue certain Services altogether.
16.5. Effect of Termination: We will not be liable to you for compensation, reimbursement, or damages in connection with any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.
17. DISPUTE RESOLUTION
17.1. If any disputes arises from this Agreement, including in connection with its application, execution, violation, or termination, our primary goal is to learn about them and address your concerns. To this end, parties agree to first explore negotiations which shall be between representatives of the Parties.
17.2. If parties are unable to resolve the dispute through negotiation after a reasonable period not exceeding 30 days, disputes are referred to arbitration. The parties will appoint a single arbitrator and the arbitral tribunal shall be the Lagos Court of Arbitration. The provisions of the Arbitration and Conciliation Act (or any amendments or repeal thereof) shall apply.
Any disputes or issues between you and Cheapmedia regarding the Services under this Agreement may be reported to [email protected].
18. Governing Law
This Site offers the Services to
advertising sellers, advertising agents, and advertisers in Nigeria and the
Site is administered, managed, and operated by Hackney Digitech Company
Limited, thus the Agreement is governed by the laws of the Federal Republic of
Nigeria. You hereby consent to the exclusive jurisdiction and venue of the
state and federal courts in Nigeria and stipulate to the fairness and convenience
of proceedings in such courts for all disputes arising out of or relating to
the use of this Site, except as otherwise expressly provided in our Privacy
Policy. You agree that all claims you may have against Us, arising from or
relating to this Site must be heard and resolved in a court of competent
subject matter jurisdiction located in Nigeria, except as otherwise expressly
provided in our Privacy Policy. Use of this Site is unauthorized in any
jurisdiction that does not give effect to all provisions of this Agreement,
including, without limitation, this paragraph.
Service Help
For any questions regarding these terms, email us at [email protected]. Or,
you can write to us at:
[Insert Company address]
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