Advertiser Agreement

The following Advertiser Agreement (Agreement), together with our Terms and Conditions, governs your use of the Jatly Advertising platform (herein after called Jatly) available at www.jatly.com

Introduction

By advertising on Jatly you accept this Agreement in full and without reservation. If you disagree with this Agreement, or any part of this agreement, then you should not advertise on Jatly.

You must be at least 18 [eighteen] years of age to use Jatly. By using Jatly and agreeing to this Agreement, you warrant and represent that you are at least 18 years of age.

Advertising Content

You must ensure that your ads comply with all applicable laws, regulations and guidelines.
Ads, together with any offers provided within the ads must not be false, deceptive or misleading or contain spam. Ads must not contain or promote illegal products or services. Ads must not violate the rights of any third parties. All claims in ads must be adequately substantiated and must not offend users.

The following specific content guidelines apply:
A) Advertising of the following Products and Services are prohibited.

  • Ads that promote the sale or use of adult products or services
  • Ads that promote or reference alcohol
  • Ads for adult friend finders or dating sites
  • Ads that promote or facilitate the sale or consumption of illegal or recreational drugs, including tobacco products
  • Ads that promote gambling in any form, including games of skill or lotteries, including online casinos
  • Ads that promote the sale of prescription pharmaceuticals
  • Ads that promote the sale or use of weapons, ammunition, or explosives.
  • Ads that promote the sale of loans, mortgages, insurance, real estate or other high risk products.

B) Ads may not contain or link directly or indirectly to a site that contains spyware/malware downloads or any software that results in an unexpected, deceptive or unfair user experience

C) Ads must offer the user a discount or valuable offer. See Promotion and Advertising Offers

D) Ads, or offers, that receive a significant amount of negative user feedback, may be removed.

E) Ads that are deemed to violate the following standards, are prohibited:

  • Ads must not constitute, facilitate or promote illegal activity.
  • Ads must not insult, attack, harass, bully, threaten, demean or impersonate others.
  • Ads must not contain “hate speech,” whether directed at an individual or a group, based on membership within certain categories. These categories include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language.
  • Ads that are targeted to minors may not promote products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate.
  • Ads must not contain profanity or inappropriate language
  • Ads may not be shocking, sensational or disrespectful.

F) Ads must clearly represent the company, product or service that is being advertised. If the ad contains a url, then the landing page must clearly represent the products or services being advertised. The url must not offer or link to any prohibited product or service.

G) Ads must not imply either Jatly or any school or Community Organization or other body has endorsed the ad or the product or service being advertised. Ads must not indicate that Jatly is in any kind of partnership with the advertiser.

H) Ads must not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Advertising Specifications

All ads are required to be in text format. Ads must include a valuable offer or discount, which can be redeemed either at your store or on your website. You can enter up to 200 characters of text maximum, including any url. All ads are placed by creating a campaign on the website at www.jatly.com

All components of an ad or offer must be relevant and appropriate to the product or service being offered. The text of the ad must include proper grammar and the use of any symbols, numbers or letters must adhere to the true meaning of the symbol. Ads must not contain, facilitate, or promote offensive, profane, vulgar, obscene, or inappropriate language.

Promotion, Advertising Offers and Redemption

Jatly provides you with the ability to place promotion and advertising offers to users within a local community area. This local community area is approximately 4 kilometers in radius, but may be larger.

To advertise on Jatly you will need to submit a campaign through the website at www.jatly.com. Submission of a campaign does not obligate Jatly to accept the campaign nor to promote the offer and is not binding on Jatly, until Jatly begins promotion of your offer.  At the point when Jatly begins to promote your offer, the offer becomes an active offer and the offer period starts from this date, and will run to the completion of the campaign, unless terminated by Jatly.

You agree that you are solely responsible and liable for
a) the decision to advertise your offer or promotion on Jatly,
b) setting the terms and conditions of all of your offers or promotions,
b) for honoring all advertised offers
c) supplying all goods and/or services specified in your offer or promotion.

Further you are solely responsible for the text within your offer or promotion and agree that Jatly takes no responsibility for incorrect wording or spelling of offer, nor for any incorrect promotion or offer. You agree to honor any offer or promotion advertised on Jatly within the specified offer period.

Your offer or promotion must not
a)offer to sell any prohibited goods as described above
b) offer goods or services on terms or in such a manner that is prohibited by law from being advertised or offered.
c) include any content that violates or infringes the rights of others
d) include any material that is unlawful, threatening, abusive, defamatory, obscene, profane or otherwise objectionable.

Your offer or promotion will be advertised to users who have downloaded and installed Jatly.  Your offer will be promoted to customers based on geographic or geolocation data. Determination of whom your offer is promoted to will be made by Jatly at its sole discretion.  Once your offer or promotion has been displayed to users, users will have a specified time period in which to acknowledge receipt of offer. At this point users will receive a coupon code. Users may then redeem the offer or promotion by presenting you with the coupon code on their mobile device.

When redeeming coupons, you shall
a) honor the coupon during the specified redemption period pursuant to the terms of your offer
b) handle all customer service in connection with the redemption or use of the vouchers
c) comply with the terms and conditions of the offer without imposing any restrictions or additional charges not specifically stated on within the offer.

You agree to release Jatly and its agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with any dispute with any user, other Buyer, advertiser or other third party in connection with the use of Jatly or any offers advertised on Jatly.

Termination

Jatly may terminate or suspend your account and/or your campaign if you:
a) violate your redemption obligations with respect to any offer made by you,
b) fail to redeem or honor any offer or promotion made by you,
c) violate any of this Agreement or our Terms and Conditions,
d) otherwise misuse, or abuse this agreement,
e) engage in conduct that is unfair, misleading or otherwise in bad faith
f) receive significant complaints from users regarding your service.

Notwithstanding anything herein to the contrary, Jatly may cancel or suspend your campaign, offer or account for any or no reason.

Registration and Security

You must register to advertise with Jatly. When registering you are required to provide accurate and complete registration information, including payment information. You must ensure that your username and password are kept confidential. You alone are responsible for your password and username security.  You are solely responsible for any and all activities that occur under your account. You authorize us to assume that any person using your username and/or password is either you or authorized by you to act on your behalf. If you become aware of any breach of your username and / or password or believe the security of your account has been compromised then you agree to immediately notify us.

From time to time, Jatly support staff may log in to your account, under your customer password in order to maintain or improve service, including to provide you assistance with technical or billing issues. You hereby acknowledge and consent to such access.

Jatly may disable your username and password at its sole discretion without notice or explanation.
If you cancel your account at any time or your account is disabled or closed by us, all of your user content remains with Jatly.

Intellectual Property Rights

Unless otherwise stated, Jatly and/or its licensors own the intellectual property rights used on Jatly.
You agree that Jatly and/or ts licensors own all right, title and interest in and to Jatly, including without limitation all applicable Intellectual Property Rights. You agree that Merchants and/or third parties own all right, title and interest in and to the Merchant Offers.
Intellectual Property Rights means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.

You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, translate, transfer, modify, adapt, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Jatly, unless otherwise permitted.

You agree that all information contained on Jatly and all information compiled by Jatly through operation of Jatly, is the proprietary information of Jatly. Personal information provided by you to Jatly will be kept confidential and will not be distributed, except in aggregate form, to any third party. Notwithstanding the foregoing, Jatly reserves the right to identify you to a third party where Jatly, acting in good faith and reasonably, believes (i) that you have infringed or violated the right of that third party, or (ii) is necessary to satisfy any applicable law or regulation, or comply with legal process or a government request, (iii) that the disclosure of such information is necessary for Jatly to protect its legal or proprietary interests.

No warranties

Jatly makes, and you receive, no warranties or conditions, express, implied, statutory, or otherwise, and Jatly specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose. Jatly does not warrant that the Jatly Advertising Platform will meet your requirements or that the operation of the Jatly service will be uninterrupted or error free. Jatly does not warrant that the content on the Jatly service is accurate, complete, true, non-misleading, non-infringing, legal or decent.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE JATLY SERVICE IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. While Jatly uses commercially reasonable efforts to ensure a high standard of service, Jatly does not guarantee, and assumes no liability in the event, that the Jatly service will be operational at all times or that the Jatly service will not experience periodic disruptions.

JATLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE JATLY SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF JATLY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE JATLY SERVICE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, POSTED, EMAILED, OR OTHERWISE MADE AVAILABLE VIA THE JATLY SERVICE. JATLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY MERCHANT OFFER ADVERTISED OR PROMOTED THROUGH THE JATLY SERVICE, AND JATLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF MERCHANT OFFERS.

Limitations of liability

Jatly, its officers, employees and agents will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, loss of offer or opportunity, loss of anticipated profits or any other similar or loss or damage arising out of or relating to your access to, or use of, or inability to honor your ads or offers when using the Jatly Advertising Platform or any content related thereto,  whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.

IN NO EVENT SHALL WE BE LIABLE TO THE OTHER FOR LOST CONTRACTS OR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THE USE OF THE JATLY SERVICE OR RELATING TO THIS AGREEMENT HOWEVER CAUSED UNDER A CLAIM OF ANY TYPE OR NATURE BASED ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT OR WARRANTY) EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN COMMUNICATED.

Indemnity

You hereby agree to indemnify defend and hold harmless Jatly and its officers, employees, agents, subsidiaries, successors, licensors and sub-contractors and undertake to keep Jatly indemnified against any and all losses, damages, claims, actions, costs, liabilities and expenses, including without limitation legal expenses incurred or suffered out of your use of the Jatly Advertising Platform or arising out of any claim that you have breached any provision of this Agreement.

Variation

We reserves the right to vary the terms of this agreement from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Jatly may transfer, sub-contract or otherwise deal with Jatly’s rights and/or obligations under this agreement without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this agreement.

Severability

If a provision of this agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

This agreement, together with Jatly’s Terms & Conditions and Privacy Policy constitute the entire agreement between you and Jatly in relation to your use of the Jatly Service, and supersede all previous agreements in respect of your use of the Jatly Service.

Law and jurisdiction

This agreement will be governed by and construed in accordance with the laws of Queensland, Australia , and any disputes relating to this agreement will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. iPhone is a trademark of Apple Inc.
Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions.

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