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ADVERTA Agreement and Terms of use

Effective: December 1, 2019

  1. 1. Contractual Relationship

    These Terms of Use ("Terms") govern your access or use of the ADVERTA Platform, and services (the "Services," as more fully defined below) made available to ADVERTA’s parent company, subsidiaries, representatives, affiliates, officers and directors.

    PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ADVERTA. In these Terms, the words "including" and "include" mean "including, but not limited to." By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. ADVERTA may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

    IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH ADVERTA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular webpage on theADVERTA.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

    ADVERTA may amend the Terms from time to time. Amendments will be effective upon ADVERTA's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If ADVERTA changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing ADVERTA written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered ADVERTA office kindly check theadverta.com/contact, or (b) by email from the email address associated with your Account
    i.e. abcxyzmedia@theADVERTA.com to: contactus@adverta.com.

    In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

    ADVERTA’s collection and use of personal information in connection with the Services is described in ADVERTA's Privacy Statements at theADVERTA.com/

  2. 2. Arbitration Agreement

    By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against ADVERTA on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against ADVERTA, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against ADVERTA by someone else.

    Agreement to Binding Arbitration between You and ADVERTA.

    You and ADVERTA agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and ADVERTA, and not in a court of law.

    You acknowledge and agree that you and ADVERTA are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and ADVERTA otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and ADVERTA each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

    Rules and Governing Law.

    All product adverts on ADVERTA platform must undergo a government body vetting which might range from APCON (Advertising Practitioners Council of Nigeria) to NAFDAC (National Administration for Food and Drugs Control) for food, drug chemical and cosmetics based product adverts to SON (Standard Organisation of Nigeria) vetting(s).

    Such products must have their vetted certificate tendered through ADVERTA to the media house before the advert can be aired, published or displayed, especially as required by Article 21 of the Nigerian Code of Advertising Practice, Sales Promotion and other Rights/Restrictions on Practice.

    The APCON Article further stipulates that all advertisement except public notices, goodwill messages and obituaries shall be presented for vetting and approval must be secured by the ASP (Advertising Standard Panel) before exposure in the media.

    In the instance however, where user by any means possible go on to place adverts without requisite regulatory approval, such person(s) shall be solely liable to any penalty applicable without ADVERTA’s involvement as this terms clearly states.

    NAFDAC however being the National Agency for Food and Drug Administration Control Act. Cap N1, Laws of the Federation, 2004 ("NAFDAC Act") establishes NAFDAC with a mandate to compile standard specifications and guidelines for the production, importation, exportation, sale and distribution of food, drugs, cosmetics, medical devices, bottled water and chemicals.

    Section 5 and 30 of the NAFDAC Act empowers NAFDAC to make Regulations and Guidelines regulating the Registration of food and drugs.

    To this effect, no food and related products shall be advertised through ADVERTA unless it has been properly vetted in accordance with the provisions of the Act and the accompanying guidelines.

    The SON Conformity Assessment Programme (SONCAP) is a mandatory scheme introduced by the Federal Government of Nigeria to ensure the quality and standards of all imports of regulated products into the country.

    The Standard Organisation of Nigeria (SON) is the sole statutory body that is vested with the responsibility of standardising and regulating the quality of all products in Nigeria. SON was established by the Act No.56 of 1971.

    Based on Act n°56 of 1971 and subsequent amendments, the Conformity Assessment Program (SONCAP) was introduced by the Federal Government of Nigeria to address the concern of unsafe products entering the country.

    However, for products newly imported into the country for marketing purposes, such products are to undergo proper vetting by SON.

    In the case where any user presents counterfeit documentation with regards to APCON, NAFDAC, SON or any other regulatory agency for the sake of unlawfully exposing any material to this regard, such user would become liable for any cause, matter or action that may arise thereafter.

    You agree that the use of this platform shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

    Process.

    A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Arbitration and Conciliation Act as stated in Chapter 19 of the Laws of the Federation of Nigeria 1990

    Severability and Survival.

    If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

  3. 3. The Services

    The Services comprise end to end advertisement platform where ADVERTA acts as a media brokerage (aggregating all media houses and regulators in one location) for the purpose of vetting and exposing advertising materials. The services are to run on mobile and web applications and related services (each, an "Application"), under agreement with ADVERTA or certain of ADVERTA’s affiliates ("Third Party Providers"). The Service includes an avenue to view cost for all chosen services before proceeding to make payment.

    Unless otherwise agreed by ADVERTA in a separate written agreement with you, the Services are made available solely for your personal and commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO BUY and SELL MEDIA / VET ADVERTS THROUGH ADVERTA DOES NOT ESTABLISH ADVERTA AS THE OWNER OF THE MEDIA HOUSES.

    License.

    Subject to your compliance with these Terms, ADVERTA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your device and on the web solely in connection with your use of the media Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and commercial use. Any rights not expressly granted herein are reserved by ADVERTA and ADVERTA's licensors.

    Restrictions.

    You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ADVERTA; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

    Third Party Services and Content.

    The Services may be made available or accessed in connection with third party services and content (including advertising) that ADVERTA does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. ADVERTA does not endorse such third party services and content and in no event shall ADVERTA be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation, BlackBerry Limited or any other application provider will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, Blackberry-powered mobile devices or any other application provider respectively
    These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

    Ownership.

    The Services and all rights therein are and shall remain ADVERTA’s property or the property of ADVERTA’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ADVERTA’s company names, logos, product and service names, trademarks or services marks or those of ADVERTA’s licensors.

  4. 4. Access and Use of the Services

    User Accounts.

    In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to ADVERTA certain personal information, such as your name and email address during registration and a mobile phone number, and a means of identification after registration.

    You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired identification on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ADVERTA in writing, you may only possess one Account.

    User Requirements and Conduct.

    You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g. no exposure/attachment of unlawful, un-vetted/unsubstantiated or forged/ hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

    Text Messaging Emails and Telephone Calls.

    You agree that ADVERTA may contact you by telephone, emails or text messages (including by an automatic telephone dialling system) at any of the phone numbers or email provided by you or on your behalf in connection with an ADVERTA account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from ADVERTA at any time, by contacting contactus@theadverta.com if you do not choose to opt out, ADVERTA may contact you as outlined in its User Privacy Statement, located at www.theadverta.com/. If you choose to opt out of ADVERTA’s messaging system, ADVERTA is not liable for any shortfall of information you didn’t get as a result of the communication bridge.

    User Provided Content.

    ADVERTA will, in ADVERTA's sole discretion, permit you from time to time to submit, upload, publish visual content and information (TV commercial, Radio Commercial, Press Media Contents, Bill Board Contents, Change of Name and all media materials worthy of exposure) through the media houses available on ADVERTA including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions as the case may be ("User Content"). Any User Content provided by you remains your property. However, ADVERTA shall by no means expose your contents for any promotional purpose without your prior consent and approval, especially user content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ADVERTA’s business and on third-party sites and services.

    You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ADVERTA the license to publish contents through registered media houses on ADVERTA and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor ADVERTA’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ADVERTA in its sole discretion, whether or not such material may be protected by law. ADVERTA may, but shall not be obligated to, review, monitor, or remove User Content, at ADVERTA’s sole discretion and at any time and for any reason, without notice to you.

    Network Access and Devices.

    You are responsible for obtaining the data network access, necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ADVERTA does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  5. 5. Payment

    Pricing on this platform is being determined by the providers of the services being requested. The Media house has every right to determine prices for their rates. Media Houses, Agents and Regulatory Bodies shall receive their payments and commission upon completion of the media placements and funds remitted as agreed in the memorandum of understanding

    You understand that use of the Services may result in charges to you for the services you receive ("Charges"). ADVERTA will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, including a yearly subscription to the ADVERTA platform, fees for processing to be a certified advertiser (APCON certified) on ADVERTA.

    All Charges and payments will be enabled by ADVERTA using the preferred payment method designated in your Wallet Account via a credit/debit card, a bank transfer, and a direct credit card payment after which you will receive receipt by email. Charges paid by you for any media buying/ campaigns are final and non-refundable, unless otherwise determined by ADVERTA.

    As between you and ADVERTA, ADVERTA reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in ADVERTA’s sole discretion. ADVERTA will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. ADVERTA may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

    ADVERTA may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

    Credit Facility

    ADVERTA, through a partnership arrangement with some banks, has made credit facility available to users. All terms and conditions of the bank will suffice and ADVERTA shall not be responsible for any default in payment of loans provided to users on the platform.

    Being a third party arrangement, ADVERTA shall not be a party to credit arrangement. The user of the service shall solely bear all interest charges in relation to such credit facility.

    Authority

    By this agreement you hereby covenant and authorize ADVERTA to access your credit facility at the bank without recourse to you in event that you fail to make appropriate payment(s) for services rendered on ADVERTA.

  6. 6. Disclaimers; Limitation of Liability; Indemnity.

    DISCLAIMER.

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ADVERTA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    IN ADDITION, ADVERTA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ADVERTA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    LIMITATION OF LIABILITY

    In no event will ADVERTA or its subsidiaries, affiliates or employees be liable for any damages, including without limitation direct or indirect, special, incidental, consequential or punitive damages, losses or expenses arising in connection with this platform or use thereof or inability to use by any party or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of data, even if ADVERTA is aware of the possibility of such damages, losses or expenses. Any links to other internet sites or resources are at the user’s sole risk. ADVERTA makes no representations, warranties (express or implied), or endorsements with respect to websites operated by third parties as they are not investigated, verified or monitored by ADVERTA. You specifically acknowledge and agree that ADVERTA is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user.

    You take full responsibility and/or liability for any cause, matter or action, claims or expenses that may arise as a result of any product or disclaimer publication for any company/ companies.

    Indemnity.

    You agree to indemnify and hold ADVERTA and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii); or your violation of the rights of any third party, including Third Party Providers to include adverts placed but not carried by media houses, funds withdrawn from wallet to account but had delays due to bank/ network or error issues. Adverta is not responsible to issues concerning loan request from bank that wasn’t granted on time and as well is not liable for the irresponsibility of agents who were given tasks but due to one reason or the other failed to carry out the requested service(s). In no way should Adverta be held responsible for delay in processes as a result of product samples not delivered as at when due during vetting/approval processes or is Adverta responsible for any lost or stolen product sample meant for vetting purposes. Adverta would not be held responsible for the delay by publishers to place adverts for whatever reason whatsoever.

  7. 7. Other Provisions

    Choice of Law.

    These Terms are governed by and construed in accordance with the laws of Nigeria, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Nigerians to assert claims under Nigerian law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of the Nigerian law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending the Nigerian law to you if you do not otherwise reside in Nigeria. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, The Arbitration and Conciliation Act (Chapter A18, Laws of the Federation of Nigeria 2004) shall apply to any such disputes.

    Viruses

    Due to the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. ADVERTA is not responsible or liable for any damage caused by such hazards.

    Notice.

    ADVERTA may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by registered mail to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or 12 hours after sending (if sent by email or telephone).

Privacy Policy

This Privacy Policy is designed to help you understand what information we gather about you, what we use that information for, and with whom we share that information. It also sets out your rights in relation to your information and whom you may contact for more information or queries.

To whom this Privacy Policy applies and what it covers

This Privacy Policy applies to ADVERTA. ADVERTA recognizes the importance of protecting your personal, financial, advert contents and information and is committed to doing this. This Privacy Policy sets out how we collect, handle, store and protect information about you when:

This Privacy Policy also contains information about when we share your personal information with third parties (for example, media houses for reference purpose). In this Privacy Policy, we may sometime collectively refer to handling, collecting, protecting and storing your personal information as “processing” such personal information.

What information we collect

In the course of providing products or services to you or our users and performing due diligence checks in connection with our services (or discussing the possible service(s) we might provide), we generally collect personal information about you.  We also typically collect personal information about you when you visit or use the ADVERTA platform.

We typically collect or obtain your personal information because you give it to us (for example, in a form on our Website) or because other people give that information to us (for example, third party service providers that we use to help operate our platform).  We may also collect or obtain personal information from you because we observe or infer that information about you from the way you interact with us. 

The personal information that we may collect depends on the specific services we undertake but typically includes: your name, email address,; financial information (for example, your income,

Protection of your personal information

We use a range of physical, electronic and managerial measures to ensure that we keep your personal information secure, accurate and up to date. These measures include:

Although we use appropriate security measures once we have received your personal information, the transmission of data over the internet (including by e-mail) is never completely secure.  We endeavour to protect personal information, but we cannot guarantee the security of data transmitted to us or by us.

Disclosure of Information

If a fraudulent activity is associated with the operation on your account, you agree that we have the right to apply restrictions to your account and report to appropriate law enforcement agencies.

General.

You may not assign these Terms without ADVERTA’s prior written approval. ADVERTA may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ADVERTA’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, ADVERTA or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. ADVERTA’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ADVERTA in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.