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Terms and Conditions for Advertisements on CARING MOMS

 

  1. These Terms apply to online paid advertisements on https://caringmoms.my and CARING MOMS Official Facebook Page (collectively referred to as the “Websites”).
  2. By placing an order, the Advertiser (the person placing the order for the Advertisement) accepts and agrees to be bound by these Terms in full.
  3. CARING MOMS may, without any liability or notice to the Advertiser, at its sole discretion, reject, cancel or require any advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such advertisement. CARING MOMS may, at its sole discretion, refuse to publish any advertisement for any Advertiser who has not paid any sums due for any advertising in the Websites. Advertiser shall remain liable to CARING MOMS for all outstanding charges and/or fees.
  4. By publishing an advertisement, CARING MOMS in no way accepts that the advertisement conforms to these Terms or that CARING MOMS has waived its rights under these Terms.
  5. The Advertiser warrants and undertakes to CARING MOMS that:
    1. all information supplied in the advertisement is accurate, complete, true and not misleading;
    2. it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any advertisement;
    3. the advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice, are not libelous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
    4. the advertisement will not be prejudicial to the image or reputation of CARING MOMS or the Websites, and will not contain anything that CARING MOMS in good faith consider to be offensive or otherwise inappropriate;
    5. all advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no advertisement will cause an adverse effect on the operation of the Websites;
    6. all advertisements shall comply with all applicable data protection and privacy laws, regulations and codes of practice.
  1. If the Advertiser is an advertising agency or any other individual or company/organization, placing the advertisements on behalf of a third party or any other party, the Advertiser warrants that it is authorised by the actual advertiser of a product or service to place such Advertisement with CARING MOMS and the Advertiser will indemnify CARING MOMS in respect for any claim made by such advertiser against CARING MOMS.
  2. Advertisers shall post products or services by providing information on PRICING, PRODUCT and LOCATION and Delivery charges if applicable.
  3. Advertisers are NOT ALLOWED to place in the advertisements any form of links (whether from any other websites/groups/FB page/Instagram/Pinterest/any other forms of links) and shall not solicit traffic from this group either through direct or indirect methods to build their own app, site etc. Advertisers are also prohibited from promoting individuals who are not CARING MOMS members or who no longer are CARING MOMS members.
  4. CARING MOMS may, at its sole discretion, change its rates at any time by publishing the modified rates at the Websites. Any changes to the rates will take effect immediately thereafter. However, any changes to the applicable rates will not apply retrospectively.
  5. CARING MOMS will only provide services on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
  6. CARING MOMS and/or its service providers will only use any Advertiser Data solely in relation to the Advertiser’s advertisements. All such Advertiser Data collected by CARING MOMS will be treated as the confidential information of the Advertiser and will not be disclosed by CARING MOMS to any third party (other than CARING MOMS’ service providers for the purpose of CARING MOMS complying with its obligations under these Terms) without the consent of the Advertiser.
  7. The Advertiser warrants that they have done their due diligence regarding the Websites and the suitability of the Websites to carry their advertisements. CARING MOMS makes no guarantees regarding the suitability of any advertisements booked through CARING MOMS on the Websites.
  8. All data collected by Advertiser through the Websites shall be confidential information owned by CARING MOMS and shall not be disclosed by the Advertiser to any third party without the prior written consent of CARING MOMS. The Advertiser shall not use such data collected from the Websites for the purpose of tracking or targeting users when they leave the Websites. Advertiser shall ensure it complies with the CARING MOMS privacy policy or policies with respect to such data collection and all applicable laws and regulations and that all such data will be deleted from its servers upon the end of the relationship between CARING MOMS and the Advertiser.
  9. CARING MOMS accepts no liability for any interruption or delay or technical glitch in publishing the advertisements. CARING MOMS will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any advertisements required by any authority having responsibility for the regulation of online advertising.
  10. CARING MOMS shall not guarantee the time, dates and/or position of advertisements and all such decisions will be at the sole discretion of CARING MOMS. However, CARING MOMS may use reasonable efforts to comply with the wishes of the Advertiser.
  11. If a booked advertisement is not published at all solely due to a mistake on CARING MOMS’ part, CARING MOMS will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be canceled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the advertisement. The Advertiser acknowledges and accepts that this shall be the Advertiser’s sole remedy for failure to publish the advertisement. Advertiser acknowledges that “no refund” would be made by CARING MOMS in case of mistakes by advertiser in chosing a wrong package or categories.
  12. CARING MOMS shall not be responsible/liable in any manner whatsoever for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss suffered by the Advertiser including but not limited to any loss which could not be contemplated by CARING MOMS and the Advertiser.
  13. CARING MOMS does not guarantee continuous, uninterrupted access by users of the Websites to the advertisements but will use reasonable efforts to provide this.
  14. The Advertiser will fully indemnify and keep CARING MOMS indemnified against all claims, losses or expenses arising as a result of any breach or failure by the Advertiser to perform and/or comply with any of these Terms and/or the use or publication of the advertisement by CARING MOMS in accordance with these Terms.
  15. CARING MOMS owns the copyright of all advertisements.
  16. The Advertiser grants CARING MOMS the right (free of charge) to:
    1. use such of the Advertiser’s names, trademarks and/or logos as CARING MOMS may consider necessary for the purposes of publishing the advertisements;
    2. reproduce the advertisement in any media at any time for promotional purposes. For the avoidance of doubt, the content, layout, and format will be subject to variation aT CARING MOMS’ sole discretion.
  1. The Advertiser accepts and acknowledges that the advertising facilities provided for in the Websites are on an “as is where is basis” as stated in the Websites and agrees that they are paying the requisite charges/fees for the publishing of the advertisements on the Advertiser’s own free will and at their sole discretion, on the Terms stated herein.
  2. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, CARING MOMS may, at its sole discretion treat the order as canceled.
  3. If CARING MOMS fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
  4. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
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