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Welcome to www.ima-appweb.com!
These following terms and conditions outline the rules and regulations for the use of IMAAPPWEB PRIVATE LIMITED's Website, located at https://www.ima-appweb.com.
By accessing this website we assume that you accept these terms and conditions. If you do not agree to the following terms and conditions stated in this page please do not continue to use www.ima-appweb.com
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Client's sole remedy for no or under delivery of all or any portion of Services shall be limited to either: (i) a refund of the proportionate fees paid in advance in respect of the respective Services so not delivered or under delivered, as applicable or (ii) IMAAPPWEB's delivery of a make good Service under such terms acceptable to both parties.
Client hereby grants IMAAPPWEB a non-exclusive, worldwide license to (i) market, display, reproduce (including compression and temporary storage), distribute, perform, transmit, promote and otherwise use any Advertisements provided and/or approved by Client, (ii) develop Advertisements on behalf of Client, including the development of banners, sponsored listings, featured placements, text links and keywords for use in performing the Services, (iii) utilize Client's copyrighted brands or trademarks as part of the Advertisements provided and/or approved by Client in connection with performing the Services, and (iv) reproduce and display Client's trademarks, trade names and logos and any information material relating to Client on the home pages of, within any lead form, quoting platform, website listing, or other similar location on, the Network. Such licenses will terminate automatically upon the date of expiration or termination of this Agreement. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall constitute a waiver of IMAAPPWEB's rights or a restriction on IMAAPPWEB's rights to display on the Network any material regarding Client or other clients which is in compliance with applicable law, including intellectual property law.
The Agreement is effective as of the date of the first Insertion Order entered into between the parties, will continue for a period of twelve (12) months and automatically renew for successive yearly terms unless terminated earlier pursuant to this Section. Client shall not have a right to terminate the Agreement for convenience. A party may immediately terminate this Agreement for cause upon written notice for any material breach of the Agreement which remains uncured after thirty(30) business days notice of such breach. In addition, if Client's account is past due, IMAAPPWEB may suspend any campaign until such time Client brings its account current. Termination of this Agreement shall not relieve Client of its obligations to make payments to IMAAPPWEB in respect of services delivered prior to such termination date or to entitle Client to any refund of any fees paid to IMAAPPWEB pursuant hereto.
Neither party will use or disclose any Confidential Information of the other party except as specifically contemplated herein. For purposes of this Agreement, 'Confidential Information' means information that: (i) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. Confidential Information shall include, without limitation, the terms of this Agreement, each party's respective client lists, all data related to the sources of a party's web traffic (Source Data), marketing, financial, technical and other confidential or proprietary information, and with respect to IMAAPPWEB, the Lead Contact Information. Confidential Information does not include information that: (a) has been independently developed by the receiving party without access to the other party's Confidential Information; (b) has become publicly known through no breach of this paragraph by the receiving party; (c) has been rightfully received from a third party authorized to make such disclosure; (d) has been approved for release in writing by the disclosing party; or (e) is required to be disclosed by a competent legal or governmental authority; provided that the recipient notifies the other party of the required disclosure promptly and in writing and cooperates with the other party, at the other party's request and expense, in any lawful action to contest or limit the scope of such required disclosure. At the request of the disclosing party, the receiving party shall return all of the disclosing party's Confidential Information to the disclosing party.
Each party will retain all right, title and interest in and to its Confidential Information, websites, intellectual property, its Source Data, any data it obtains from its websites, and any Creative that it develops hereunder (other than the content or intellectual property provided by the other party).
The parties acknowledge and agree that it is in their mutual best interest to seek to minimize the cost of Internet media distribution for Client's marketing materials. Accordingly, during the term of this Agreement, Client will not displace, and will use best efforts to preclude any person or entity working on Client's behalf from displacing, IMAAPPWEB's media placements on any web properties operated by publishers that promote or have promoted IMAAPPWEB proprietary web properties and/or IMAAPPWEB clients. During the term of this Agreement and for a period of one (1) year following termination, Client will not, directly or indirectly, contract for the provision of Services with any publisher of IMAAPPWEB. For purposes of this section, references to IMAAPPWEB shall include IMAAPPWEB's corporate affiliates.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, IMAAPPWEB MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE ADVERTISEMENTS AND THE SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ASSURANCES OR PROMISES OF ANY LEVEL OF SUCCESS IN CONNECTION WITH ANY CAMPAIGN. IMAAPPWEB SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF ITS THIRD PARTY PUBLISHERS OR FOR ANY LOST PROFITS, LOST SAVINGS, OR OTHER CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, CLIENT ACKNOWLEDGES AND AGREES THAT IMAAPPWEB'S AGGREGATE LIABILITY TO CLIENT ARISING UNDER OR RELATED TO THIS AGREEMENT WILL IN NO EVENT EXCEED THE AMOUNT PAID TO IMAAPPWEB BY CLIENT IN THE THREE (3) MONTHS PRECEDING ANY CLAIM GIVING RISE TO SUCH LIABILITY.
Client assumes all liability for, and will indemnify, defend, protect and hold IMAAPPWEB harmless from and against, any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, damages, and expenses (including reasonable attorneys' fees and expenses) of whatsoever kind or nature arising out of any breach or alleged breach by Client of its representations, warranties or obligations in this Agreement. IMAAPPWEB assumes all liability for, and will indemnify, defend, protect and hold Client harmless from and against, any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, damages, and expenses (including reasonable attorneys' fees and expenses) of whatsoever kind or nature arising out of any breach or alleged breach by IMAAPPWEB of its representations, warranties or obligations in this Agreement.
This Agreement shall be governed by the laws of India, without reference to principles of conflicts of law. The parties hereby agree to make all attempts to resolve all differences howsoever arising out of or in connection with this Agreement by discussion. If within fifteen (15) business days of the commencement of the discussions the dispute is not resolved the dispute shall be referred to binding arbitration to be conducted in Delhi. Arbitration shall be conducted in accordance with the provisions or the Indian Arbitration and Conciliation Act. 1996 ('Arbitration Act'). There shall be one arbitrator appointed jointly by the parties within 30 days of the dispute or, if the parties are unable to agree on an arbitrator, one will be appointed as per the provisions of the Arbitration Act. The parties agree that until the arbitration proceedings are complete, they will not take their disputes to a Court of Law. All hearings shall be held in Delhi and the language of the arbitration shall be in English.
Neither party may assign or transfer, by operation of law or otherwise, any of its rights or delegate any of its duties under the Agreement to any third party without the prior written consent of the other party, provided, however, that IMAAPPWEB shall have the right to assign its rights and obligations hereunder to any affiliate or any acquirer of all or substantially all of its assets or to any successor to IMAAPPWEB's business by a change of control. Any attempted assignment, transfer, or delegation in violation of the foregoing provisions will be void.
This Agreement is the entire agreement between the parties regarding its subject matter and supersedes any other agreements or understandings between us. No modification of the Agreement shall be binding unless in writing and signed by both parties. To the extent that any Insertion Order or a Change Request conflicts with these Terms and Conditions, the Insertion Order or the subsequent Change Request shall control. The party's relationship is one of independent contractors and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, or employment relationship between the parties. A party's waiver of, or failure to enforce, any right hereunder on one occasion will not be deemed a waiver of any other right on the same occasion or the same right on any other occasion. If a court of competent jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remainder of this Agreement will continue in full force and effect. Any notice, approval or other communication to the other party under this Agreement must be submitted by facsimile, email, overnight express mail or certified or registered mail (postage prepaid, return receipt requested) to the other party's contact details set forth in the Client Insertion Order. IMAAPPWEB may state in its marketing materials that Client is a client of IMAAPPWEB.
If Client is acting as an agent on behalf of another entity (Principal), Client represents and warrants that it has full authority to bind the Principal to the terms of the Agreement and that it will ensure that the Principal complies with such terms. Irrespective, Client is solely liable to IMAAPPWEB for the fees due or any other liability incurred under or related to the Agreement.
Sections 8, 9, 10, 12, 13 and 14 of this Agreement shall survive the expiration or termination of this Agreement.
We employ the use of cookies. By accessing www.ima-appweb.com, you agreed to use cookies in agreement with the IMAAPPWEB PRIVATE LIMITED's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies. For more information about Cookies please “Click Here”
Unless otherwise stated, IMAAPPWEB PRIVATE LIMITED and/or its licensors own the intellectual property rights for all material on www.ima-appweb.com. All intellectual property rights are reserved. You may access this from www.ima-appweb.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. IMAAPPWEB PRIVATE LIMITED does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of IMAAPPWEB PRIVATE LIMITED, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, IMAAPPWEB PRIVATE LIMITED shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
IMAAPPWEB PRIVATE LIMITED reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant IMAAPPWEB PRIVATE LIMITED a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of IMAAPPWEB PRIVATE LIMITED; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of IMAAPPWEB PRIVATE LIMITED's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Please read Privacy Policy Click Here
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment at [email protected]. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Please read our Disclaimer. Click Here
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