Terms of Use
These are the terms and conditions governing the Users (“You”, “Your” or “User”, “Client”) use of the Website and the Platform (both together herein referred to as the “Services”) provided by Purplas IT Services Pvt. Ltd (“Purplas IT Services Pvt. Ltd”, We”, “Our”, or “Us”) (“herein after referred to as Acceptable Use Policy “AUP”/ “Agreement”). By accessing Services either through the website or any other electronic device, you acknowledge, accept and agree to the following terms and conditions of the Acceptable Use Policy (AUP), which are intended to make sure that Services works for everyone. By accepting this Terms and Conditions, you are also accepting and agreeing to be bound by the Privacy Policy.
Accessing Services:
You (User) understand and agree that the Services is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to billboards and/ or Out of Home advertising services (“Promotions”). You further understand and agree that we do not endorse, market or promote any of the Outdoor Media listings, postings or information, nor do we at any point in time come into possession of, or engage in the sharing of any of the Out of home advertising and/ or services, that you have posted or listed or provided information about on our site. While interacting with other users on our site, with respect to any media listing, posting or information, we strongly support you to exercise sensible diligence as you would in the traditional off line channels and practice judgment and common sense before committing to or completing the intended enquiry, sale, purchase of any Ad-Space media or services or exchange of information. We recommend that you read our Privacy Policy before doing any activity on our site.
While making use of Services, and other services such as the discussion forums, comments and feedback and other services interalia, you will post in the fitting category or area and you agree that your use of the Services shall be strictly governed by this AUP including the Privacy policy for listing of your outdoor advertising inventory which shall not violate the prohibited and restricted items as per this AUP.
You agree that your use of the Services:
- Shall not be fraudulent, misrepresenting, misleading or pertaining to the sale of any illegal, counterfeit boards, owned by third-party or stolen boards and / or services.
- Shall not be relevant to goods, services of which you are not the lawful owner or you do not have the right or consent to ‘Inventory list’ which do not belong to you or you do not have the authority for.
- Shall not breach any intellectual property, trade secret, or other proprietary right or rights of Advertising Media or privacy of any third party.
- Shall not consist of Outdoor Ads that is an expression of bigotry, racism or hatred based on age, sex, race, caste, class, religion, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party.
- Shall not be obscene, have pornography or hold “offensive representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Shall not allocate or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
- Shall not issue viruses or any other technologies that may harm Services or the wellbeing or boards of users or impose an unreasonable load on the infrastructure or interfere with the proper working of Services.
- Shall not, indirectly or directly, attempt, offer, to offer, trade or attempt to trade in any boards and services, the dealing of which is prohibited or controlled in any manner under the provisions of any applicable law, rule, regulation or principle for the time being in force.
- Shall not be placed in an incorrect category or in a wrong area of the site.
- Shall not be placed in any other sites except on the site of the Services that relates to the city in which you are located.
- Shall not list or post or be valid to information that is either barred or restricted under the laws of the Republic of India and such posting , boards ad Space online booking, media listing, or information shall not violate the Agreement.
- You acknowledge and accept communications by call or email or by such other mode of communication, electronic or otherwise related to the advertising services provided through the Services.
- Customer or client enquiry of media related Services is only for enquiry about outdoor advertising media cost, availability and more, and the enquiry is not an actual booking of Ad- Space.
- During booking of outdoor media, all sites are subject to availability at the time of booking.
- Duration of the campaign and the Outdoor Campaign will be start from your conformation day.
- if you use the Services by registering on the Platform, you are solely responsible for maintaining the secrecy of your Login User ID, Password, email address and for restricting access to your computer, computer network and your access to our Services, and you are solely liable for all activities that occur under your User ID and password. If you contact our Site using any electronic tool other than by registration on the site, the AUP remains applicable to you in the same manner as if you are a registered user on the site.
Services Inventory Content:
Services contains content which includes Your Information, Our information and information from other users. You agree not to distribute, modify, copy such content (other than Your Personal or Inventory Information), Our copyrights or trademarks. When you give us any information as part of Your content, you are granting us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Services, as well as on any of our affiliates or partners websites and sub domains, publications and mobile platform. We need these rights with respect to the information in your content in order to host and show your content. If you believe that there is a breach, You an reach out to us at abhishek@securesound.in.
We reserve the right to delete any such content where we have grounds for suspecting the breach of the Agreement and our Privacy Policy or of any party’s rights. Please notify us by reaching out at abhishek@securesound.in.
Liability Conditions
You agree not to hold Purplas IT Services Pvt. Ltd or any of its agencies, employees, officers, Clients responsible or liable for any of Your media listing, review postings or information and nor shall we, our team, employees or agencies be liable for any misuse, illegal activity or third party content as most media listings or information are generated by different users directly and we do not have any role in the formation, publication or distribution of the posting, ad listing or information, nor are we in a place to have editorial manage over the material or content contained in the postings, information or Outdoor advertising boards, media listings save and except to the extent provided in Privacy Policy.
You understand that we do not provide assurance to the accuracy or authority of any outdoor advertising boards information, media listing, posting and information posted on our Services by other users. You further agree that Purplas IT Services Pvt. Ltd will not liable for any loss of reputation, money, goodwill or any special, indirect, or important damages arising out of your use of the Services or as a result of any booking, sale, purchase of Outdoor Advertising services and online booking services with other users of the Services. We also cannot promise continuous or secure access to our Services. Therefore, to the extent legally acceptable, we exclude all implied warranties, of merchantability, board structure fitness or quality of the Services.
User’s Violation
You agree that in the incident of your Outdoor advertising board information, media listing, Booking, Buying, posting or your information violates any provision of this AUP and Privacy Policy, we shall have the right to terminate and or suspend your membership of the Services and refuse to provide you or any person acting on your behalf, access to the Services.
Incorporation into Order.
These terms of the Agreement together with the applicable Order to which the Agreement is referenced constitute the entire agreement between Purplas IT Services Pvt. Ltd and Client.
Delivery of Promotions
Subject to Client’s compliance with the terms of this Agreement, Purplas IT Services Pvt. Ltd shall display each Promotion set forth on the Order on the Services during the designated and permissible display period, subject to the earlier termination of this Agreement. The display of a Promotion on our Services is subject to availability.
Publicity
Purplas IT Services Pvt. Ltd may use and reference Client’s name, logos, marks and the customer relationship under this Agreement in its promotional and marketing materials and activities.
Payment
After the physical or electronic signing of the Order, Purplas IT Services Pvt. Ltd will invoice the Client the amount listed in the Order. Payment due net is 30 calendar days from date of invoice. Client shall be responsible for all taxes in connection with the services provided under this Agreement (excluding taxes based on Purplas IT Services Pvt. Ltd’s net income). Should Purplas IT Services Pvt. Ltd fail to display the Promotions in accordance with this Agreement due to Client’s failure to timely provide the Promotional Material or failure to comply with the Guidelines, Client shall remain liable for the full amount indicated on the Order and such promotions shall be deemed delivered
Term; Termination
Subject to earlier termination as provided below, this Agreement shall commence on the effective date and terminate on the date all the Promotions specified on the Order have been delivered. Either party may terminate this Agreement upon thirty (30) days’ prior written notice if the other party has materially breached any of the material terms and conditions of this Agreement and has failed to cure such breach within thirty (30) days of its receipt of written notice describing such breach.
Indemnification
Client shall indemnify, defend and hold harmless Purplas IT Services Pvt. Ltd and its affiliated companies and their respective directors, officers, employees and agents from and against all claims, actions, liabilities, losses, expenses, damages and costs (including without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them relating to or arising in connection with the Promotions and/or a Promotional Material. Purplas IT Services Pvt. Ltd will have the right to participate in the defense of any such claim and/or to be represented by counsel of its own choosing
General Provisions
Purplas IT Services Pvt. Ltd may assign this Agreement or delegate any of its duties under this Agreement without Client’s consent. Client may not assign this Agreement or any of its rights or delegate any of its duties under this Agreement without Purplas IT Services Pvt. Ltd’s prior written consent. All notices, demands and other communication hereunder must be in writing or by written telecommunications and shall be deemed to have been duly given: (a) if mailed by certified mail, postage prepaid, on the date three (3) days from the date of mailing, (b) if delivered by overnight courier, when received by the addressee or if sent by confirmed telecommunication, one (1) business day following receipt by the addressee at the addresses set forth on the Order, or such other address as either party may specify in writing. In the event that any provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such provision shall be limited to the minimum extent necessary; the remaining provisions shall remain in full force and effect. This Agreement contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understanding and agreements (whether oral or written), and cannot be amended except by a writing signed by both parties. Any additional or conflicting conditions, printed or otherwise, appearing on any orders, copy instructions or other documents shall be of no effect. This Agreement shall be construed in accordance with the laws of India without regard to its conflict of law principles, and the parties consent to the exclusive jurisdiction of the state and courts located in Bengaluru, Karnataka.