Terms of Service
INTEGRAT MAURITIUS LIMITED
(Registration number: 090662)
Last updated: November 2022
The general terms defined in this Terms and Conditions contain the core legal and commercial terms which govern your access and use of our website, our online “InAd” platform through which advertising tools are made available to you (referred to as “Platform”), complementary products and services. This website and Platform made available therein is owned and operated by Integrat Mauritius Limited (registration number 090662) (“Integrat”, “us, “we”, “our”).
By accessing or using the website and Platform, you agree to this Terms and Conditions. You should read this Terms and Conditions carefully before starting to use the Platform. If you do not agree to be bound to any term of this Terms and Conditions, you must not access the website or Platform.
1. AGREEMENT TO TERMS
1.2. If you don’t agree to this Terms and Conditions, kindly refrain from accessing and using our website and Platform, as well as complementary products and services offered by Integrat. If you are accessing and using our website and Platform on behalf of a company (such as your employer) or other legal entity which is our Client, you represent and warrant that you have the authority to bind that company or other legal entity to these terms. References to “you” and “your” in these Terms herein shall refer to that company or other legal entity, our Client.
1.3. If you do not have such authority, or if you do not agree with this Terms and Conditions, you must refrain from using our website and Platform.
1.4. If you are accessing and using our website and Platform on behalf of a company (such as your employer) or other legal entity which is our Client, you represent and warrant that you have the authority to bind that company, employer or other legal entity to these terms.
1.5. You may not use our website, Platform, and complementary products and services for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
1.6. You specifically agree to abide by the Terms and Conditions and to refrain from any marketing activities which appear on clause 3 of this Terms and Conditions. Should you not agree to these terms, or any of our updates or changes thereto as dealt with below, you should not access or use our website, Platform, and complementary products and services, nor hold us liable thereto.
1.7. You must not transmit any viruses or any code of a destructive nature.
1.8. A breach or violation of any of the terms described in this Terms and Conditions will result in an immediate termination of our services and your use of our Platform.
2. GENERAL CONDITIONS
2.1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, Platform, and complementary products and services offered by Integrat, use of the Platform, or access to the Platform or any content on the website through which the Platform, product and service is provided, without express written permission by us.
2.2. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
3. USE OF OUR PLATFORM, PRODUCTS AND SERVICES
3.1. Subject to timely payment of all charges on the Client’s account, Integrat grants you the right to use the Platform, products and services offered by Integrat. Integrat reserves all rights not otherwise expressly granted herein.
3.2. You shall be responsible for maintaining the security of each device, your account, passwords and files, and are responsible for all uses of services (and all associated fees), with or without your knowledge or consent and whether or not authorised by you.
3.3. Unless otherwise specifically allowed by Integrat, in writing, you will not, directly or indirectly use the Platform, products and services for timesharing or otherwise for the benefit of a third party.
3.4. As a condition of your use of the Platform, you agree that you will not use our Platform, products, and services to:
3.4.1. violate any applicable laws, including but not limited, to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
3.4.2. violate any applicable advertising rules generally and specifically our Terms and Conditions;
3.4.3. post advertisements that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods or services provided and price;
3.4.4. post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
3.4.5. use the Platform, products and services offered by Integrat in any manner that could impair Integrat in any way;
3.4.6. post any material that is harmful to, harms or could harm minors in any way;
3.4.7. be false or misleading or employ false or misleading advertising practices;
3.4.8. infringe any third-party right;
3.4.9. distribute viruses or any other technologies that may harm Integrat or the interests or property of Integrat’s users;
3.4.10. impose an unreasonable load on our infrastructure or interfere with the proper working of the Platform, products and services offered by Integrat;
3.4.11. copy, modify, or distribute any other person’s content without their consent;
3.4.12. use any scraper or other automated means to access Integrat and collect content for any purpose without our express written permission;
3.4.13. harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
3.4.14. use the information available by Integrat other than in accordance with the terms of a campaign and these Terms and Conditions;
3.4.15. bypass measures used to prevent or restrict access to the Platform Integrat’s services; and
3.4.16. post any links which would violate any of the restrictions above.
3.5. You are solely responsible for all information that you submit to Integrat and any consequences that may result from your campaign and advertisement. We reserve the right for any or no reason, at our discretion to refuse or delete any campaign content (or any part thereof) that we believe is inappropriate or is in breach of these Terms and Conditions or any of our other policies. We also reserve the right at our discretion to restrict your use of the Platform, products and services either temporarily or permanently or refuse your registration.
3.6. You acknowledge that, except as expressly stated, Integrat retains all rights in its trademarks, service marks, software, technology and other items of intellectual property.
3.7. When providing us with content or causing content to be posted using Integrat, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyse, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable laws, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.
3.8. In the event Integrat investigates service outages, security problems, or a suspected security breach of Integrat, you agree that you will provide a reasonable level of cooperation to help facilitate Integrat’s investigation, to the extent warranted by the facts of the situation.
3.9. You are responsible for keeping your device and account safe and secure when using the Platform, our products and services, and you must notify us promptly of any unauthorised use or security breach of your account or products and services offered by Integrat.
3.10. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
4. AMENDMENTS TO TERMS OR SERVICES
4.1. Integrat reserves the right to amend or update this Terms and Conditions at any time, in our sole discretion. If we do so, we will inform you either by posting the amended terms within the services or through other communications with you, our Client.
4.2. It’s important that you review the terms whenever we amend them because if you continue to use our Platform, products, or services after we have posted amended Terms and Conditions, you are indicating to us that you agree to be bound by the amended terms. If you don’t agree to be bound by the amended terms, then you may not continue to use the services.
4.3. Integrat shall not be liable to you or any third party should Integrat exercise its right to revise these Terms and Conditions, or modify, or discontinue the service.
4.4. Any new features that extend or enhance the service, including the release of new tools and resources, shall be subject to this Terms and Conditions. Continued use of the service after any of these changes shall constitute your consent to these changes. If you do not agree with any such amended Terms and Conditions, you shall notify Integrat during the 30 day period after such amended terms have been posted and at the end of such 30 day period, the terms of service shall be deemed terminated unless Integrat agrees to waive such amended terms to which you object.
5. AVAILABILITY OF OUR PRODUCTS AND SERVICES
5.1. We are always trying to improve our website, Platform, products and services. That means we may expand, add, or remove our services, features, functionalities, and the support of certain devices and platforms. Our website, Platform, products and services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our products and services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect the website, Platform, products and services, such as events in nature and other force majeure events.
5.2. The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
6. ACCOUNT, FEES AND PAYMENT
6.1. Integrat may introduce new features and functionalities, which may be made available to you at an additional cost.
6.2. Integrat shall issue invoices from time to time for your access to the Platform and services performed, and you, as the Client, shall be responsible to pay all fees and payments as set forth in the invoices or as agreed upon between you and Integrat. Payments will be due within 30 days after invoice date, free of deduction or set off.
6.3. We reserve the right to adjust prices of our Platform, products and services offerings. Any changes to your membership services will only take effect following proper notice to you.
7. PROTECTING INTEGRAT
7.1. We work to keep Integrat working properly. Please report problems, offensive content and policy breaches to us at the following email address email@example.com.
7.2. Without limiting other remedies which might be available to us, we may issue warnings, limit or terminate our service, exercise our discretion when campaigns and advertisements do not comply with our policies to remove any hosted content, and take technical and legal steps to keep users off our Platform if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when campaigns and advertisements do not comply with our policies, we do not accept any liability for monitoring your use of the Platform or for unauthorised or unlawful content on advertised.
7.3. You also recognise and accept that Integrat is not under any obligation to monitor any data or content which you provide through the Platform.
8. PROPRIETARY RIGHTS
8.1. Subject to this Terms and Conditions, Integrat grants you a non-sublicensable, non-exclusive, non-transferable right to use the Platform, our products and services according to this Terms and Conditions, until the termination of your Agreement with Integrat.
8.2. Integrat has the right to investigate violations of these Terms and Conditions or conduct that affects our service offerings. Integrat may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. TERMINATION AND SUSPENSION OF AGREEMENT
9.1. Violation of any of the terms herein will result in the termination of your account or services rendered by Integrat. Upon termination of your account, you will no longer be able to use the Platform or receive service from Integrat; and any of your information used in pursuance to offering you, the Client, our service may be removed by Integrat.
9.2. Notwithstanding the above, we may terminate your access to and use of our service offerings, at our sole discretion, at any time upon notice to you.
9.3. Either party may terminate the Agreement if the other party becomes insolvent or is unable to pay its debts or enters into or files for bankruptcy within forty-five (45) days of being filed.
9.4. Upon termination of this Agreement and your account, your right to use the Platform or receive services from Integrat shall immediately terminate.
10. PERSONAL INFORMATION
10.2. Integrat undertakes to process and maintain personal information of the Client only in accordance with the conditions of lawful processing as set out in terms of the Mauritius Data Protection Act of 2017; and any other applicable legislation governing the processing of personal information.
11. RETENTION OF DATA
12. TRANSFER OF DATA
12.1. Your information, including personal information, may be transferred to and maintained on servers located outside of your country of residence, where the data privacy laws, regulations and standards, may not be equivalent to the laws in your country of residence.
12.2. We might transfer your personal information to places outside of the country you are located in and store it there, where our suppliers might process it. If that happens, your personal information will only be transferred to and stored in country that has equivalent, or better, data protection legislation than in the country you reside or with a service provider which is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in the country you reside in.
12.3. Your use of our website and services, followed by your submission of information to us, represents your consent to such transfer.
13. ERRORS, INACCURACIES AND OMISSIONS
13.1. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
14. PROHIBITED USES OF THE PLATFORM, OUR PRODUCTS AND SERVICES
14.1 You are prohibited from using the Platform, our products and services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service; (h) to collect or track the personal information of others beyond what is agreed with your employees or customers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) for any obscene or immoral purpose. We reserve the right to terminate your use of our products and services for violating any of the prohibited uses.
15.1. In the course of using any of the products and service offerings by Integrat, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.
16. INDEMNITY AND LIMITATION OF LIABILITY
16.1. To the extent permitted by applicable law, you will indemnify, hold harmless and defend Integrat, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against Integrat or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by Integrat or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of our service offerings, (iii) your violations of applicable laws, rules or regulations in connection with the services offered by Integrat, (iv) any representations and warranties made by you concerning any aspect of the services offered by Integrat; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the services offered by Integrat; (vi) violations of your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the services offered by Integrat.
16.2. To the extent permitted by applicable law, neither Integrat or any other party involved in creating, producing or delivering the services will be liable for any incidental, special, punitive, exemplary or consequential damages, including loss of profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services offered by Integrat, whether based on warranty, contract, delict (including negligence), product liability or any other legal theory, and whether or not the other party has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
16.3. Integrat will provide you with written notice of any claim, suit or action from which you must indemnify Integrat. You will cooperate as fully as reasonably required in the defense of any claim. Integrat reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
17.1. The Platform, our products and services are provided “as is,” without warranty of any kind. To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, Integrat makes no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and noninfringement.
17.2. Integrat makes no warranty that the Platform, products and services offered by Integrat will meet the Client’s requirements or be available on an uninterrupted, secure, or error-free basis. Integrat makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any analytics or Client data.
17.3. We do not control and are not responsible for controlling how or when our users use the Platform, our products and services or the features, services and interfaces our product and service offerings provide.
17.4. The implied warranty provided under the applicable law extends only to the Client and is not assignable or transferable to any subsequent purchaser or user.
17.5. To the extent Integrat may not, as a matter of applicable law, disclaim certain implied warranties, the duration of any such implied warranty shall be limited to the minimum time period permitted under such law.
18. FORCE MAJEURE
18.1. Integrat is not liable or responsible, nor shall be deemed to have defaulted under or breached this Agreement, for any failure to perform or delay in performing its obligations under this Agreement due to an event of force majeure. An event of force majeure is any event or circumstance beyond Integrat’s reasonable control, such as war, hostilities, an act of God, earthquake, flood, fire, or other natural disaster, strike or labour conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems.
19.1. If any particular provision and/or term of this Terms and Conditions is found to be defective or unenforceable or is cancelled for any reason (whether by any competent Court or otherwise), then the remaining provisions and/or terms shall continue to be of full force and effect. Each provision and/or term of this Terms and Conditions shall accordingly be construed as entirely separate and separately enforceable in the widest sense from the other provisions and/or terms hereof.
20. WHOLE AGREEMENT
20.1. The terms set out herein constitutes the entire arrangement between the parties regarding the subject matter hereof. No agreements, guarantees or representations, whether verbal or in writing, have been concluded, issued or made, upon which any party is relying in concluding this arrangement, save to the extent set out herein.
20.2. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
20.3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
21.1. Any claim or controversy arising out of or relating to the terms shall be settled by a binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Johannesburg and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Integrat may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
22. GOVERNING LAW
22.1. This Terms and Conditions, and any action related thereto (except for clause 20 of this Terms and Conditions), are governed by and construed in accordance with the laws of Mauritius and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
23.1. Your rights and obligations under this Terms and Conditions are not assignable or transferable and cannot be sublicensed to another party by you except with Integrat’s prior written consent. Integrat may transfer, assign or subcontract any of its rights and obligations under this Terms and Conditions without consent.
23.2. No agency, partnership, joint venture, or employment is created as a result of your use of Integrat. You do not have authority to bind Integrat in any respect.
23.3. We reserve the right, at our sole discretion, to update, modify or replace any part of this Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website, Platform, products or services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
24. CONTACT INFORMATION
24.1. If you have any questions about this Terms and Conditions, the Platform or products and services offerings, please contact Integrat at firstname.lastname@example.org.
Last updated: November 2022