Terms Of Service

  1. INTRODUCTION
    1. Welcome to the AdFortless Platform (the “Site“). Please read the following Terms of Service carefully before using this Site or opening a AdFortless account (“Account“) so that you are aware of your legal rights and obligations with respect to Adfortless Sdn Bhd (Company Registration No. 202301036746 (1530669-P)) and its affiliates and subsidiaries (individually and collectively, “AdFortless“, “we“, “us” or “our“).
    2. The “Services” we provide is an advertising technology online platform service that provides a place and opportunity for the sale of advertising space and creative service (“Products”) between the media owner (“Media Owner”) and the advertiser (“Advertiser”) (collectively “you”, “Users” or “Parties”). For the avoidance of doubt, in cases where AdFortless is the media owner of the Products, reference to “Media Owner” in these Terms of Service shall also refer to AdFortless.
    3. Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
    4. AdFortless reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. AdFortless may impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
    5. AdFortless reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

      BY USING ADFORTLESS SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THESE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

      IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE.

  2. LIMITED LICENSE AND INTELLECTUAL PROPERTY
    1. AdFortless grants you a limited and revocable license to access and use the Services subject to these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of AdFortless and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein.
    2. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its content.
    3. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
    4. Any non-compliance or breach of these Terms of Service will result in the immediate revocation of the license granted herein by AdFortless without any notice to the User.
    5. Contents provided and/or published on the Site is solely for informational purposes and the representation, description and illustration of the Products on the Site are those of the Media Owner (except where such Products are owned by AdFortless directly) and are neither made by AdFortless nor shall it reflect AdFortless’s opinions or statement unless stated otherwise.
    6. The User is solely responsible for keeping passwords and other account identifiers safe and secure, wherein the User is entirely responsible and liable for all activities that occur under its respective Account.
    7. The User must notify AdFortless of any unauthorized use of the password or account immediately.
    8. AdFortless shall not in any manner whatsoever be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with activities and transactions arising from the User’s Account.
    9. The Site may contain unverified or unsolicited information which are mere opinion of the writer or creator of the article, statement or information, and the User are strongly advised to seek independent legal advice before confirming any purchase. 
    10. Any User who relies on the content article, statement or information do so completely at his/her own risk.

  3. ACCOUNT CREATION AND TERMINATION
    1. The User may login to the Site with an existing Account or to create a new Account by completing the Site registration process with a username and password to effectively view, make offer and/or use the services available on the Site.
    2. In the creation of the Account, the User must provide accurate, current and complete name, identity card number and/or company registration number, address, phone number, email address and bank account information for payment in the relevant electronic registration forms or if the User is a company or business, the complete company or business name together with the registration numbers and all information of the business or company and the full name and identity card number of the person authorised to operate the Account.
    3. You agree to
      1. keep your password confidential and use only your User ID and password when logging in,
      2. ensure that you log out from your account at the end of each session on the Site,
      3. immediately notify AdFortless of any unauthorised use of your Account, User ID and/or password, and
      4. ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you.

        AdFortless will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
    4. You agree that AdFortless may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that AdFortless deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected
      1. extended periods of inactivity,
      2. violation of the letter or spirit of these Terms of Service,
      3. illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour
      4. having multiple user accounts,
      5. buying products on the Site for the purpose of commercial re-sale,
      6. abnormal or excessive purchase of products from the same Media Owner,
      7. voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or
      8. behaviour that is harmful to other Users, third parties, or the business interests of AdFortless.

        Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, AdFortless may terminate your Account immediately with or without notice.
    5. Any use of the Site through the Account will be deemed as being used by the User whether or not the person using the Account is actually the same User who created the Account.
    6. The User must be of minimum age of 18 years at the time of creation of Account.
    7. At all times AdFortless reserves the right to monitor all activities of the Account.
    8. Users may terminate their Account if they notify AdFortless in writing (including via email at cs@adfortless.com of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact AdFortless after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. AdFortless shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by AdFortless.

  4. TERM OF USE
    1. The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, AdFortless may effect such termination with or without notice to you.
    2. You agree not to, amongst others:
      1. upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
      3. use the Services in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
      4. open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
      5. access the AdFortless Platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
      6. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism; and
      7. infringe the rights of AdFortless, including any intellectual property rights and any passing off of the same thereof.
    3. Violations of these Terms of Service may result in a range of actions, including, without limitation, any or all of the following:
      1. Listing deletion;
      2. Limits placed on Account privileges;
      3. Account suspension and subsequent termination;
      4. Criminal charges; and/or
      5. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.
  5. PURCHASE ON ADFORTLESS PLATFORM
    1. Once you have selected the Products, you will need to select your preferred package, campaign start date (“Campaign Date”) and fill up the campaign name. The Campaign Date is only available beginning 1 month from today’s date. In the event that the selected Campaign Date for whatever reason is not available, AdFortless reserved the rights to delay the Campaign Date with a notification to the Advertiser.
    2. Once you have completed your purchase, you will need to submit the campaign details (“Campaign Brief”) and the campaign creatives and/or contents (“Campaign Materials”) for the Product(s) purchased through the Platform.
    3. In the event that the Advertiser for whatever reason fail to submit the Campaign Brief and Campaign Materials within 10 calendar days from the date of purchase of the Product, AdFortless reserved the right to delay the Campaign Date or cancel the order and any monies paid by the Advertiser will be refunded and credited to the Wallet in the form of credit (see Section 7 below).
  6. PAYMENT
    1. AdFortless supports one or more of the following payment methods:
      1. Credit/Debit Card/ FPX Payments via Stripe – Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. Advertiser may also make payments via internet bank transfer (FPX) to our designated AdFortless Account. 
      2. e-Wallet – such as Touch’n Go and GrabPay.
    2. Advertiser may only change their preferred mode of payment for their purchase prior to making payment.
    3. AdFortless takes no responsibility and assume no liability for any loss or damages to Advertiser arising from shipping information and/or payment information entered by Advertiser or wrong remittance by Advertiser in connection with the payment for the items purchased. We reserve the right to check whether Advertiser is duly authorised to use certain payment method and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
  7. ADVERTISER WALLET
    1. Your Account allows the storage of money (in the form of credit) refunded to you should the recipient fails to update the Campaign Brief and Materials  within the stipulated time for whatever reason (“Wallet”).
    2. Any balance standing to your Account shall be in the form of credit which can only be utilised on the AdFortless Platform.
  8. CANCELLATION, RETURN AND REFUND
    1. Once payment is made, Advertiser is not allowed to cancel his/her order.
    2. AdFortless reserves the right to cancel any transaction on the Site and Advertiser agrees that Advertiser’s sole remedy will be to receive a refund of the purchase monies paid into Wallet (in the form of credit)
  9. DISPUTES
    1. In the event a problem arises in a transaction, AdFortless shall use reasonable commercial efforts to facilitate a mutual discussion between the Media Owner and Advertiser to resolve such dispute. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
    2. Each Media Owner and Advertiser covenants and agrees that it will not bring suit or otherwise assert any claim against AdFortless or its affiliates (except where AdFortless or its affiliates is the Media Owner of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
  10. THIRD PARTY LINKS AND ADVERTISING

    Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of AdFortless in any manner whatsoever and you therefore access them at your own risk. AdFortless is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. AdFortless is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by AdFortless of any linked site and/or any of its content therein.
  11. Warranties
    1. AdFortless shall not be liable for any losses, damages or liabilities of any kind suffered by any party directly or indirectly caused by the condition of the Products.
    2. AdFortless does not provide any warranty or representation on the commercial viability or commercial profitability that the User will gain from the Site, and the is strongly advised to seek and make its own research of the same.
    3. The Site is provided on an “as is where is basis” and without any warranties whatsoever, whether expressed or implied. There shall be no warranty that the Site and/or its related services shall meet any requirements, needs and/or expectations of the User.
    4. Although AdFortless strives to provide all the User with access to the Site twenty-four (24) hours a day, AdFortless does not guarantee that the Site will always be available, functional, uninterrupted and/or operate free from error, and would likewise be subject to occasional server maintenances.
    5. The User agree that AdFortless will not be held liable for any of the following, and the User shall indemnity and keep AdFortless harmless from any cause of action:
      1. For any loss due to the Site being unavailable or inaccessible or any malfunctions of the Site for any duration of periods or for any reasons whatsoever, for instance but not limited to occurrences to any errors in AdFortless’s software and/or third party software that AdFortless and/or the Site may use or adopt; and/or
      2. For occurrences of errors in any transactions or related transactions in the Site.
    6. For the avoidance of any doubt, AdFortless will have no responsibility with respect to the legality of transactions occurring between the User and the Media Owner, wherein all payment transactions are to be strictly in compliance with the applicable laws of Malaysia, including any anti money-laundering laws and regulations.
  12. APPLICABLE LAW AND JURISDICTION
    1. These Terms of Service shall be interpreted and governed by the laws of Malaysia.
    2. Any controversy, claim or dispute arising out of or relating to these Terms of Service and/or any transactions made in this Site or with other parties therein will be referred to and adjudicated through a court of competent jurisdiction in Malaysia.
  13. DISCLAIMERS
    1. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ADFORTLESS OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADFORTLESS DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
    2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
    3. ADFORTLESS HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF MEDIA OWNER TO SELL PRODUCTS OR OF ADVERTISERS TO PAY FOR PRODUCTS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE ADFORTLESS AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
  14. EXCLUSION/LIMITATION OF LIABILITY
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADFORTLESS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
      1. (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
      2. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF GIFTYSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
    3. IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, ADFORTLESS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO MYR 100 (ONE HUNDRED RINGGIT MALAYSIA).
    4. NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ADFORTLESS’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF ADFORTLESS THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
  15. PRIVACY AND DATA PROTECTION
    1. Your privacy is very important to us at AdFortless. To better protect your rights we have provided AdFortless’s Privacy Policy at [xxx] to explain our privacy practices in detail. Please review the Privacy Policy to understand how AdFortless collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
      1. consent to AdFortless’s collection, use, disclosure and/or processing of your content, personal data and User Information as described in the Privacy Policy;
      2. agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and AdFortless; and
      3. shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without AdFortless’s prior written consent.
    2. Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
  16. YOUR REPRESENTATIONS AND WARRANTIES
    You represent and warrant that:
    1. you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
    2. you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
  17. MISCELLANEOUS
    1. AdFortless reserves all rights not expressly granted herein.
    2. AdFortless may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
    3. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
    4. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
    5. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and AdFortless, nor does it authorise you to incur any costs or liabilities on AdFortless’s behalf.
    6. The failure of AdFortless at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
    7. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for AdFortless’s affiliates and subsidiaries (and each of AdFortless’s and its affiliates’ and subsidiaries’ respective successors and assigns).
    8. You agree to indemnify, defend and hold harmless AdFortless, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:
      1. any transaction made on the Site, or any dispute in relation to such transaction (except where AdFortless or its affiliates is the Media Owner in the transaction that the dispute relates to),
      2. the hosting, operation, management and/or administration of the Services by or on behalf of AdFortless,
      3. your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein,
      4. your use or misuse of the Services,
      5. your breach of any law or any rights of a third party.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

 



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