WEBSITE ADVERTISMENT TERMS

1. GENERAL

This Website Advertising Terms and Conditions Agreement (the “Agreement”) governs the advertising on and use of www.archlancer.com (the “Website”) by advertisers (“Advertiser”) for advertising and provision of such services (“Advertising Services”) by the Website.

Advertising on the Website constitutes Advertiser’s and Advertiser’s agency’s acceptance of this Agreement. References in this Agreement to “you” and “your” refer to Advertiser and its agency, if any. The term “we”, “us”, “our” shall mean and refer to the website and/or the Company, depending on the context.

We reserve the right to amend this Agreement at any time without prior permission from you, by posting an updated version. Advertiser should therefore periodically visit and check this page to review the Agreement. Advertising on the Website after our posting of amendments to this Agreement will constitute Advertiser’s acceptance of this Agreement, as modified.

Further Advertiser acknowledge and agree to be bound by the Website Terms and Conditions and the privacy policy, which are also made part of this Agreement and are hereby incorporated by reference. If, at any time, Advertiser does not wish to accept this Agreement then Advertiser may not advertise on the Website.

2. BOOKING ADVERTISEMENTS

We have specified pages on our website wherein brands may book such spaces for advertising their products, visual elements, etc. Considering the scope of services being provided on our website, only such advertisements shall be allowed on the website that pertain to the architecture and building industry such as including but not limited to builders, interior decorators/decorations, paints and architectural design firms and products.

Advertisers shall register through our Advertisers’ sign up page. You may negotiate Bookings under which we will deliver advertisements provided by Agency or Advertiser ('Client') on our Website for the benefit of the Client subject to availability. In each case, a Booking request will be submitted in writing (which, unless otherwise specified, for purposes of these Terms and Conditions shall include paper, fax, or e-mail communication) to us by the Client.

Each booking shall specify

  • i. the type(s), location, requested positions and sizes or other desired actions
  • ii. the price(s) agreed with us for the duration of the campaign
  • iii. the start and end dates of the campaign;
  • iv. the identity of and contact information for any third party ad server, if applicable.
  • v. Other items that may be included are, but are not limited to: reporting requirements such as impressions or other performance criteria; any special Ad delivery scheduling and/or Ad placement requirements; and specifications concerning ownership of data collected.

Revisions to accepted Bookings must be made in writing and acknowledged by the other party in writing.

3. ADVERTISEMENT DISPLAY AND POSITIONING

All advertisement is subject to our prior approval. We have the right in our sole and absolute discretion to reject or cancel any advertisements at any time for any reason. In the event we cancel an advertisement not in connection with a breach of this Agreement by Advertiser then Advertiser shall be responsible for advertising fees through such cancellation. We are not responsible for errors or omissions in any advertising materials provided by Advertiser or its agency. Unless otherwise agreed by us and Advertiser in writing, we shall have the right to insert the advertising in various areas of the website, in our sole discretion. You grant us a limited license to store, transmit, reproduce, distribute and display your advertisements to the extent necessary for us to provide the Advertising Services to you.

4. PAYMENT AND LIABILITY

All advertising accepted must be paid for in advance at the time of Booking. Credit terms applicable to any Advertiser or its agency are solely within our discretion and may be changed or discontinued by us at any time. In the event that Advertiser fails to make payment as and when due, we may immediately cancel all orders for advertising. We reserve the right to hold Advertiser and its advertising agency jointly and severally liable for such monies as are due and payable to us. Our advertising rates are subject to change without notice. Special clauses and insertion orders or contracts are not accepted if relating to our legal liability. In the event Archlancer does not receive payment or Advertiser or its agency otherwise breach the terms of this Agreement, Advertiser and/or its agency shall pay all of Archlancer’s costs and expenses in connection with enforcement and/or collection proceedings including attorneys’ fees.

The details regarding the amount payable and other relevant details for advertising shall be shared with the Advertiser or its agency via email and the same shall be confirmed by the Advertiser. On the finalization of the nature, cost, space and positioning of the advertisement between the Advertiser and Archlancer, an invoice shall be raised and the Advertiser shall pay the entire amount on immediate basis. Post the payment of the entire amount by the Advertiser, the advertisement shall be displayed on the website. Further Archlancer shall at the end of 45 days deliver a report on the advertisement to the Advertiser. All advertisements shall be booked by the Advertiser for a minimum period of 30 days and a maximum period of one year.

Advertising fees are non-refundable unless the advertisement is cancelled prior to the commencement of the advertising campaign, which is defined as the moment the advertisement is first published on the internet. Further any such refund of advertising fees shall be done solely at our discretion. Advertiser and its agency agree to pay any central, state or local tax or other charges which may be imposed on any of their advertisements, or any products or services offered, sold, or licensed through the advertisements or the Advertiser’s website, in addition to fees charged by us.

5. GENERAL TERMS AND CONDITIONS

All advertisements placed on the Website are governed by the following conditions:

  • i. Advertisements must not be false, misleading, fraudulent or deceptive and must clearly represent the company, product or brand that is being advertised.
  • ii. Advertisements must not include unsubstantiated claims, including but not limited to prices, discounts or product availability.
  • iii. Advertisements must comply with all applicable laws and required or recommended industry codes, guidelines, licenses and approvals.
  • iv. Advertisements must include all applicable, required or recommended disclaimers, notices and warnings.
  • v. Advertisements cannot include any content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right.
  • vi. Advertisements may make limited references to the website in its title, body or image but cannot imply any endorsement of the product, service or advertisement destination by the Website or Company.
  • vii. Advertisements cannot use the Website or Company logos, icons or any of our other trademarks.
  • viii. Advertisements cannot require viewers to click on the advertisement to submit personally identifiable information (such as name, date of birth, phone numbers, physical addresses or email addresses) on the landing page or in the advertisement, except to enable an ecommerce transaction and where the advertisement and landing page clearly indicate that a product is being sold.
  • ix. Any targeting of advertisements based on a user attribute such as age, gender, location or other user attribute must be directly relevant to the offer and cannot be done by a method inconsistent with our privacy policy.
  • x. Advertisements cannot offer incentives to viewers for clicking on the advertisement, for submitting personally identifiable information (such as name, date of birth, phone number, physical addresses or email addresses) or for performing any other tasks.
  • xi. Advertisements which receive a significant amount of negative user feedback or are otherwise deemed in violation of our community guidelines or other applicable policies will not be permitted.
  • xii. Unless authorized by us, your advertisements may not display user data — such as users’ names or profile photos — whether that data was obtained from us or otherwise. You may not use user data you receive from us or collect through running an advertisement, including information you derive from your targeting criteria, for any purpose outside of the website without user consent. You may not give data you receive from us to any third party, including advertising networks.
  • xiii. You cannot create or manage multiple website accounts for advertising purposes unless given permission by us to do so. You cannot programmatically automate the creation of accounts or advertisements unless given permission by us to do so.
  • xiv. Advertisements containing prices, discounts and free offers advertisements cannot be deceptive or fraudulent about any offer made. If an advertisement includes a price, discount or ‘free’ offer the following conditions apply: The destination URL for the advertisement must link to a page that clearly and accurately offers the exact deal the advertisement has displayed; The advertisement must clearly state what action or set of actions is required to qualify for the offer.
  • xv. Advertisements for subscription services are any service or any site that induces a user to sign up for recurring billing of a product or service, including but not limited to sites that promote the downloading of games or other entertainment (“Subscription Services”). The advertisement of Subscription Services must comply with the following conditions: The advertisement must clearly state what action or set of actions is required to qualify for the offer. If the user must subscribe to a service, the service and offer requirements must both be stated in the advertisement. The recurring subscription must be consistent with what is promoted in the advertisement copy. At a minimum, the promoted website must clearly and accurately display the price and billing interval (such as per week or once per month) on the landing page as well as on any page that prompts a user for personally identifiable information (such as name, date of birth, phone number, physical addresses or email addresses) or billing information (including, but not limited to, mobile phone number or credit card number). If users sign up for the service by transmitting a code by text message, the price and billing interval must be clearly and prominently displayed beside the code. If the service is a subscription, the website must provide a prominent opt-in checkbox or other clear mechanism indicating that the user knowingly accepts the price and subscription service. This should be on the first page where the user enters personal data, and the user should not be able to proceed without opting in. All of the foregoing items should be located in a prominent place on your webpage, as determined by us in our sole discretion, and should be easy to find, read and understand.
  • xvi. When you place an advertisement on the website, you can choose a landing page (destination URL) that the user will be directed to when they click on the copy or image content. All landing pages must abide by the following conditions:
    • a. The content on the landing page must directly relate to the copy and image content of the advertisement. Any products or services promoted in the advertisement must be directly available on the landing page.
    • b. Where an advertisements contains a URL or domain in the copy the landing page must be the same URL or domain.
    • c. Landing pages cannot generate a pop-up (including “pop-overs” and “pop-unders”) when a user enters or leaves the page.
    • d. Landing pages cannot use “fake” close behavior (ie. when a user clicks the ‘close’ icon on the page, the page should close down and no other behavior should result).
    • e. Landing pages cannot emulate features of any of the Sites or otherwise be designed to appear as original Site content.
    • f. Landing pages cannot utilize “mouse trapping” whereby the advertiser does not allow users to use their browser “back button” and traps them on their site and/or present any other unexpected behavior (for example, navigation to another advertisement or page).
    • g. Landing pages cannot contain or link directly or indirectly to a site that contains spyware/malware downloads, whether initiated automatically or manually by the user, or other auto-initiated downloads.
    • h. Landing pages cannot collect, or facilitate the collection of, demographic and usage information from a user’s computer without the user’s express consent.
    • i. Landing pages cannot collect or request Site usernames or passwords.
    • j. Landing pages cannot proxy Site usernames or passwords for the purpose of automating logins to the Sites;
    • k. Landing pages cannot contain, facilitate or promote any software that results in an unexpected user experience, including but not limited to software which: (i) “sneaks” onto a user’s system and performs activities hidden to the user, (ii) may alter, harm, disable or replace any hardware or software installed on user’s computer without express permission from the user, (iii) is bundled as a hidden component of other software whether free or for a fee, (iv) automatically downloads without the our express prior approval, (v) presents any download dialogue boxes without a user’s express action, or (vi) may violate or infringe upon the intellectual property rights of any third party, including copyright, trademark, patent or any other proprietary right.
  • xvii. Prohibited content advertisements cannot contain, facilitate, promote or reference any of the following:
    • a. Offensive, profane, vulgar, obscene or inappropriate language;
    • b. Obscene, defamatory, libelous, slanderous and/or unlawful content;
    • c. Insulting, harassing or threatening content;
    • d. Dating sites, services or related content;
    • e. Gambling, including without limitation, any online casino, sports books, bingo or poker;
    • f. Scams, illegal activity or chain letters;
    • g. ‘Spam’ or other advertising or marketing content that violates applicable laws, regulations or industry standards
    • h. Contests and sweepstakes unless given permission by the us to do so;
    • i. Get-rich-quick and other money-making opportunities that offer compensation for little or no investment, including “work from home” opportunities positioned as alternatives to part-time or full-time employment or promises of monetary gain with no strings attached;
    • j. Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual or provocative images;
    • k. Spy cams or surveillance equipment;
    • l. Web-based non-accredited colleges that offer degrees;
    • m. Inflammatory religious content;
    • n. Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
    • o. Content that exploits political agendas or uses “hot button” issues for commercial use regardless of whether the advertiser has a political agenda;
    • p. Hate speech, whether directed at an individual or a group and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity or language of such individual or group;
    • q. Content that advocates against any organization, person or group of people;
  • xviii. We may refuse advertisements at any time for any reason, including without limitation, that we deem a business model or practice unacceptable, that they promote competing products or services, that they negatively affect our relationship with our users or the businesses or events featured on the website or that they are contrary to our advertising business philosophy.

6. INTELLECTUAL PROPERTY OWNERSHIP

The entire content and materials contained within the Website (the “Content”), including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the website and other intellectual property (the “Content”) are owned by or licensed to Archlancer Private Limited, to the fullest extent under the copyright laws of India and other countries. Images of people or places displayed on the website are either the property of, or used with permission by, Archlancer. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Archlancer. We may redesign the website in our sole discretion at any time.

The Achlancer name and logos are the property of Archlancer Private Limited. All other trademarks, logos and service marks (those of Archlancer and third parties, collectively, the “Trademarks”) appearing on the Sites are Trademarks of their respective owners, whether or not appearing in large print or with a trademark symbol. Nothing contained on the website or this Agreement should be construed as granting you any license or right to use any Trademark displayed on the website without the written permission of its respective owner. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in this Agreement, is strictly prohibited.

7. COMPLIANCE WITH LAWS/REGULATIONS

All advertisements are accepted and made available on the website upon your warranty that you are authorized to make available on the website the entire contents and subject matter of the advertisement and that such advertisement will not violate any law or infringe upon any right of any party. You are required to comply with all applicable laws and regulations in connection with your use of the website and your advertising on the website (including without limitation, laws relating to user privacy and the gathering, storage and usage of personally identifiable information collected from end users of the advertisements) and such further limitations as may be set forth in any written or on-screen notice from us. By using the website or advertising on the website, you represent and warrant that you will not use the website for any purpose that is either unlawful or prohibited by this Agreement. If Advertiser or its agency becomes aware of a suspected or actual breach of security or unauthorized access affecting personally identifiable information, Advertiser or its agency shall notify us as soon as possible and take all action necessary and required to address the breach.

8. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ASSOCIATED WITH ADVERTISING AND RELATED SERVICES PROVIDED ON THE WEBSITE, ADVERTISER’S USE OF OR PARTICIPATION IN THE ADVERTISEMENT SERVICES, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION: (A) EXPRESS OR IMPLIED WARRANTIES; (B) WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE; (C) WARRANTIES OF UNINTERRUPTED OPERATION WITHOUT ERROR; (D) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES; AND (E) EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF THE ADVERTISING SERVICES. ADVERTISING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE ANY GIVEN LEVEL OF CIRCULATION, DISTRIBUTION, REACH OR READERSHIP FOR ANY ADVERTISEMENT.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY ACT OR OMISSION, OR ANY EVENT DIRECTLY OR INDIRECTLY RESULTING FROM ANY ACT OR OMISSION OF ADVERTISER OR ANY THIRD PARTIES (IF ANY). IN NO EVENT SHALL WE BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AGGREGATE LIABILITY TO ADVERTISER AND ITS AGENCY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE LESSER OF (A) THE AMOUNT PAID TO US BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM AND (B) _______. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

10. INDEMNIFICATION

In consideration of the placement of advertisements on the Website, Advertiser and its agency, if any, shall jointly and severally indemnify, hold harmless and, at Archlancer’s sole and exclusive discretion, defend, Archlancer, and its subsidiaries, affiliates, owners, directors, officers, agents, and employees, (“Indemnified Person(s)”) at all times from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Advertiser’s advertisements on the website, your website(s) and links to your website(s), and your breach of any term or condition of this Agreement. The indemnifying party may not agree to any settlement that imposes any obligation or liability on an indemnified entity without that entity/party’s prior express written consent.

11. CONFIDENTIALITY

The financial and other terms of the Advertising Services provided hereunder are confidential and shall not be disclosed by Advertiser or its agency to any third party.

12. DISPUTES AND JURISDICTION

All disputes between Users and Company involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

  • a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
  • b. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai, Tamil Nadu, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
    If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Chennai, Tamil Nadu, India.

13. SEVERABILITY AND INTEGRATION

This Agreement constitutes the entire agreement between you and us and governs your use of the Advertising Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the website changes to this Agreement, or by a subsequent writing signed by us.

14. NO WAIVER

Our failure to enforce any provision(s) of this Agreement or to respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

15. MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Advertising Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Advertising Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Advertiser and agency may not resell, assign or transfer any of Advertiser’s rights hereunder.

16. TERMINATION

We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the websites and/or Advertising Services, with or without notice and with or without cause. The provisions of this Agreement will survive the termination of your access to the Sites and Advertising Services.

17. NOTICES

At our option, we may give notices to users of the Advertising Services by posting a message on the Sites, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to support@archlancer.com Notices to us by conventional mail must be sent to: 19/9, Thambaih Reddy Road, West Mambalam, Chennai – 600033, Tamil Nadu, India. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.

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