Welcome! This website, www.adwork.io (hereinafter referred to as "Site" or "Platform") is owned and operated by REDDOOR ASIA SDN BHD, a private limited company incorporated under the laws of Malaysia, and having its business address at 3A-22 & 22A, Jalan PJU 8/3, Perdana Business Center, Damansara Perdana, Petaling Jaya 47820, Selangor, Malaysia (hereinafter referred to as “ADWORK”, “company”, “us”, “we” or" our").
These Terms and Conditions of Use, as may be amended from time to time at ADWORK’s absolute discretion, apply to and govern the access to and use of the Site and all services made available via the Site, whether directly or indirectly (whether by ADWORK or any other entity, including media owners, publishers, contributors, suppliers, collaborators, affiliates, distributors, partners, Advertisers, buyers, sellers, loans and/or financing facilities providers etc.).
Please read these Terms and Conditions of Use, Privacy policy, payment terms, cancellation and/or refund policies, and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services referred to here or anywhere on the Site (collectively referred to as “ADWORK Terms and Conditions”) carefully before using the Site.
If you are below 18 years of age, you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) and/or legal guardian(s) are agreeing to take responsibility for your actions in your use of the Site and Services, and your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you are not authorized to and must cease using the Site. By continuing to use the Site, you warrant that you are of legal age and/or have obtained the requisite consent from your parent(s) or legal guardian(s) and shall be bound be the terms and conditions.
By visiting, accessing, browsing, using, supplying, purchasing or obtaining any content, products, and/or services from, to or via the Site, including by placing or accepting bookings for advertisements or commercials with media owners/publishers/Television or Radio stations and/or by obtaining or providing any services, including creative content services and/or loans or financing services via the Site, you acknowledge and agree to have read, understood and agreed unequivocally to be bound by these Terms and Conditions.
We reserve the right to modify, add, or remove portions of these Terms and Conditions at any time by posting an updated version at www.adwork.io. The updated version of these Terms and Conditions will be effective when posted on the Site. Please read these Terms and Conditions before using the Site, including for obtaining or providing any Services via the Site. Your continued use of the Site following the posting of changes to the Terms and Conditions of use on the Site constitutes your acceptance of those changes.
The media (advertisements/commercials) booking services and services for creative content for advertisements and commercials that you book, reserve or purchase and any loan or financing you apply for and/or obtain from any financing facilities suppliers through the Site are subject also to the terms, conditions, rules and restrictions of the said third-party suppliers, media owners/publishers, and suppliers of the creative content and the financing facilities suppliers. It shall be your responsibility to keep yourself informed of these third-party suppliers’ terms, conditions, rules and restrictions before placing bookings and/or obtaining any services at the Site including the services for creative content and/or financing facilities.
By using the Site services, you unequivocally agree to be bound also by all terms, conditions, requirements, rules and restrictions by the said third-party media owners/publishers, creative content suppliers and the financing facilities suppliers, including without limitation, compliance with all rules and restrictions regarding all aspects of the advertisings’, publications, cancellations, rejections, errors, omissions, rates and payments etc.
All rights not expressly granted to you in these Terms and conditions of Use are reserved and retained by ADWORK and/or its licensors. The rights and license granted to you in these Terms and conditions of Use will be automatically terminated if you do not comply with these Terms and conditions of Use.
ADWORK may at its sole discretion terminate and/or refuse to offer access or use of the Site to you and may at its absolute discretion, change the eligibility criteria at any time without notice.
Definitions
"Platform" and "Site" means the website and app on which the Service is made available, whether owned, controlled, managed, maintained and/or hosted by ADWORKasia.my (REDDOOR ASIA SDN BHD).
"Services" means the online media booking service (including the facilitation of payments) for placement and/or acceptance of advertisements and commercials with media owners/publishers/Television or Radio stations, the purchase and/or acceptance of creative content from creative content suppliers and/or financing from financing facilities suppliers via the Site.
Important Notice on Advertisement and Commercials Bookings
Advertisers placing bookings for advertisements and commercials or any other media services via the Site, including services for creative content for the advertisements and commercials (all provided by third party suppliers), are fully responsible for every aspect of the advertisements and commercials, including for the booking, advertisement and commercials content, artwork, creative content and publication; including without limitation, for compliance with all applicable laws, rules, regulations and guidelines and third-party rights etc, the accuracy, truthfulness, adequacy, fit for purpose, safety or reliability of the advertisement and commercial, and the product or service offered, advertised or published via booking at the Site; and for the compliance with all applicable laws, rules, regulations and guidelines and third-party rights etc.
Advertisers obtaining creative content and/or artwork via the Site are wholly responsible for all aspects of the creative content and processes for publication, including for checking and verifying the Advertisement and commercials Material submitted to media owners/publishers for publication.
When you place bookings for advertisements and commercials via the Site you undertake that:
- the advertisements and commercials, including the creative content, and the products/services advertised thereto do not in any way breach any laws, rules, regulations guidelines and third-party rights; and are in full compliance with all applicable laws, rules, regulations and guidelines and third-party rights;
- You are responsible for every aspect of the advertisements and commercials booked via ADWORK;
- That the advertisements and commercials conform to the Advertising Standards Advisory Malaysia’s (ASA) Code of Advertising Practice; and comply with all other relevant and applicable laws, legislation, rules, regulations, guidelines and policies;
- That the advertisements and commercials accurately reflect the product and/or service being advertised or published and have the relevant applicable licenses and approvals, conform to required standards and safety requirements, and are free from any violation or infringement of any laws, including without limitation, copyright and trademark laws and third-party rights;
- That claims made in advertisements and commercials are truthful and capable of being supported by appropriate evidence; and which must be made available to the publisher or media owner and/or other relevant parties upon request;
- For images contained in the advertisements and commercials, the Advertiser holds copyright or has sought and obtained the appropriate permissions and licenses for usage from the photographer/illustrator and has provided any necessary credits.
Relationship
ADWORK operates as an independent third party facilitator for placement of bookings for advertisements and commercials and publications from individuals and entities with media owners and publishers and remains independent in respect of the advertisements and commercials, the advertisement material, creative content, financing obtained via the Site, publication, content of advertisements and commercials booked and/or published, representations, warranties, advice, information related to the product and/or service advertised and/or published or offered, information related to the advertisements, products or services given therein by either the advertiser and/or merchant, seller, Vendor and/or media owner/publisher, creative content and financing facilities suppliers; as well as all transactions, correspondence and communication etc. between advertisers and publishers/media owners and suppliers of creative content and the financing facilities.
Advertisers undertake full responsibility for all aspects of the advertisements and commercials, including without limitation, the advertisement material, creative content, financing facility, publication, content, representations, warranties, advice, information related to the products and services advertised, advertisement and commercials booking, products and services advertised or offered by the advertiser, merchant, seller and/or Vendor; as well as all transactions, correspondence and communication etc. between advertisers and publishers/media owners and suppliers, including without limitation, for assessing and considering the accuracy, adequacy, suitability for purpose and safety of the information, product, service and/or content. Purchasers of products and services via the Site must make their own assessment of the products and services available via the Site, including without limitation assessing and considering the accuracy, adequacy, suitability for purpose and safety of the product, service or content, before making a purchase and/or obtaining any services.
The advertisements, commercials, publications, advice, information, suggestions and opinions provided by any party via the advertisements and commercials and publications are strictly that party’s own.
ADWORK takes no responsibility for the quality, safety, legality, accuracy or adequacy of the advertisement material, creative content, Advertisement and commercials, publication, product or services advertised or published or offered or booked via the Site, and information and/or opinions contained therein, the accuracy, truthfulness, adequacy, fit for purpose, safety, reliability of the information and/or product or service supplied by the advertiser, and suppliers and/or contained in the advertisement or publication or offering.
ADWORK is not the advertiser of advertisements and commercials booked via the Site, nor the publisher, seller, supplier or merchant of the products offered by the advertiser and/or third party merchants, sellers and suppliers, nor the agent, partner, collaborator for the advertisers, publishers, merchants, sellers and suppliers etc, and we do not vouch for the advertisements and commercials booked, advertisement material, creative content, products and services advertised or offered or displayed on the Site, and publication of any advertisement and commercials booked via ADWORK, and acceptance of the booking of the advertisement and commercials on the Site does not in any way constitute endorsement of the advertisement and commercials, the advertiser, the third party merchants, sellers and suppliers or the products or services so advertised or offered.
ADWORK is not the supplier of the creative content nor the financing facilities available via the Site and shall owe no responsibility whatsoever in respect of these services to users.
ADWORK is in no way party to and will not be liable for or have any responsibility for enforcing any agreement or contract, nor answer any claims and/or demands for and/or against and/or between the Advertiser and/or media owner, publisher, and/or any merchants, sellers and suppliers, buyers, users, suppliers of the creative content, suppliers of financing facilities and/or other party whatsoever.
The Advertisers, suppliers, publishers, and users of the services shall defend, indemnify and hold harmless ADWORK, its officers, directors, employees, agents, subcontractors, licensors, associated and/or related entities and/or suppliers, from and against all claims, actions, demands, damages, costs, liabilities and settlements, including, without limitation, all legal and accounting fees, arising in connection with the advertisement and commercials bookings, publication of an advert or commercial booked or placed by the advertiser, from the advertisements and commercials booking, creative content and/or financing facilities services offered via the Site, or resulting from, or alleged to result from the advertisements and commercials, the advertisements and commercials booking, product or service advertised or offered, or alleged to result from the publication of an advert or commercial placed by the advertiser, a breach of representations or warranties or violation of any laws in respect of the advertisement or commercial booking, advertisement or commercial, product or service advertised or offered, creative content and/or financing facilities and/or any breach of these Terms of Use.
Each agreement and/or transaction entered into for the placement of advertisements and commercials bookings and/or creative content services and/or financing facility via the Site shall be an agreement entered directly between the Advertiser and the media owner/publisher and/or creative content suppliers and/or financing facilities supplier/s.
Content Error: Effort has been made by ADWORK to ensure all contents on the website are accurate at the time of publishing. However, ADWORK gives no assurances and is not responsible for or liable for any content errors that may arise, including from unforeseen circumstances and/or matters not within ADWORK’s control and/or content posted and/or provided by any other party, including Information and content by publishers and creative content suppliers. You are hence advised to verify the information with ADWORK and/or the relevant party before proceeding with any transaction.
The Platform may require registration or subscription for certain services and related features made available on the Site. Should you choose to register or subscribe,
You Agree To:
- Provide accurate and current information about yourself, and to promptly update such information if there are any changes.
- Be responsible for maintaining the security and secrecy of your User ID and password. You shall be entirely responsible and accountable for all activities that occur under such password or account.
- Immediately notify ADWORK if you become aware of, or suspect, any unauthorized access to your User ID and Password, or any other breach of security. Notwithstanding, ADWORK will not be liable for any losses as a result of any unauthorized usage of your User ID or Password or account, whether with or without your knowledge or permission and you shall be accountable for all purchases and activities via your account.
- Maintain and promptly update your account to keep it true, accurate, current and complete;
- Not to use the Services in a way which interferes with its availability and/or use for other users;
- Not to use the account of any other member of the Booking Service;
- Not to use the Booking Service to make any speculative, false or fraudulent booking and/or any booking in anticipation of demand;
- You must be the age of majority and legal capacity under the laws of Malaysia and also your jurisdiction or residence to register for, use, access, browse or Book or purchase, supply Products or Services on the Site.
You May Not:
- Copy, reproduce, upload, post, display, publish, republish, distribute, transmit, any part of the Content in any form whatsoever;
- Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the site;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of the Site;
- Use the Site to make any false, fraudulent or speculative Bookings, or any Booking in anticipation of demand;
- Place false or misleading information on the Site, or via any advertisement or publication booked via the Site;
- Use the Site to Post or transmit or place any advertisement bookings or advertise or publicize, or list, offer, market, promote, negotiate display, or offer any false, inaccurate, unlawful, threatening, libelous, defamatory, obscene, offensive, indecent, inflammatory, pornographic, unsuitable for publication or sale, or profane material, services or products, or any material, services or products that could endanger health or safety or the life of any user, constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, regulations, guidelines etc; or for any other purpose that is unlawful or prohibited by any relevant laws or these Terms or is inconsistent with the objectives of the site;
- Upload or transmit to the Site or use any device, software or routine that contains and/or may viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- You shall not engage in, list, offer, market, place any advertisement and commercial bookings, advertise, promote, negotiate, display, purchase, or publicize any activities, products or services that are restricted or prohibited by any federal, state or local laws in any country or jurisdiction, via the Site. This section provides a non-exhaustive list of prohibited and restricted activities, services and products that must be strictly observed by you in the use of the Site. Whether you are a supplier, seller, purchaser or advertiser, you are responsible for ensuring that you do not list, offer, market, place any advertisement and commercial bookings, advertise, promote, negotiate, distribute and/or sell and/or purchase any product or service or engage in activities that are prohibited and/or restricted as set out in this section or by any applicable laws, via the Site.
- Place any advertisements or commercials bookings, advertise or publicize or list, offer, market, promote, negotiate or display anything that involves the sale or purchase of products or services that are or have a high likelihood of being fraudulent;
- Violate any applicable laws or industry rules, regulations, guidelines and policies etc;
- Engage in nor place any advertisements and commercials bookings, advertise or list, offer, market, promote, negotiate, display transactions that may be an infringement or violation of any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- Engage in nor place any advertisements and commercials bookings, advertise or publicize or list, offer, market, promote, negotiate, display activities or products or services that encourage, promote, facilitate or instruct others to engage in an illegal or unlawful activity;
- Engage in nor place any advertisements and commercials bookings, advertise or publicize or list, offer, market, promote, negotiate, display activities that promote hate, violence, racial intolerance, or the financial exploitation or a crime;
- Offer or engage in nor place any advertisements and commercials bookings, advertise or publicize or list, offer, market, promote, negotiate, display activities that offer financial services including money transfers, issuing bank guarantees and letters of loans, credit, fundraising or funding for investment purposes, unless you are a financial institution duly authorized and licensed to provide such services and to advertise or publicize or list, offer, market, promote, negotiate, display such activities accordingly; and
- List, offer, market, place any advertisements and commercials bookings, advertise, promote, negotiate, engage in nor advertise sales or purchase, and otherwise deal with any product or service or activity prohibited or restricted by this Site and/or applicable laws.
Advertisement and commercials bookings made via the Site are subject also to the terms and conditions, Disclaimers, rules and restrictions of the media owners, publishers, and third party merchants, sellers and suppliers, including but not limited to, terms and conditions for preparation of advertisement materials, submission of advertisement materials, content, errors and omissions, cancellations and refunds, misprints, delayed and/or non-publication etc.
ADWORK provides the booking service through the Site as an independent contractor, and not as agent or employee of the media owner/publisher and the third-party suppliers of creative content services and vice versa. It shall be your responsibility to appraise yourself with the media owners/publishers and the third-party suppliers’ terms and conditions, Disclaimers, rules and restrictions.
ADWORK, the Suppliers and media owner/publisher are entitled at their discretion to refuse and/or decline to accept and/or complete and/or publish any bookings placed through the Site. You are responsible for your media planning and bookings and any Bookings made based on such planning. ADWORK will not be liable for nor entertain any requests for refunds of any nature for any reason whatsoever, save for any reason stated here expressly. Unless otherwise stated expressly, all bookings are non-exchangeable and non-transferable, after payment. You may make changes to your booking and/or cancel your booking at any time before payment. Please refer to our Cancellation and Refunds policy for details.
While every endeavour will be made to meet the wishes of advertisers, the Site does not guarantee, nor make any warranties whatsoever in respect of the advertisements and commercials, including without limitation, any guarantee that the advertisements and commercials will be published, published on any particular date, time, in any particular format and will be error or misprints free, etc.
Any error or discrepancy or unsatisfactory reproduction on Advertisements and commercials published must be reported to ADWORK and the Publisher in writing as soon as practicable on the first day of the first publication and or airing of the Advertisements/commercials.
Nevertheless, ADWORK takes absolutely no responsibility in respect of the advertisements and commercials, including without limitation, for any errors, omissions, discrepancies, typographical errors, spelling/grammatical errors, misprints, wrong or non-use of titles or prefixes, use of language, unsatisfactory reproduction of Advertisements published, and for any non-publication of an advertisement booked.
ADWORK will assist Advertiser in liaising with the Publisher on such reported issue, but only to the extent of reporting the issue to the Publisher.
In no circumstances whatsoever shall the total liability of ADWORK for anything, including without limitation, for errors, misprints and/or omissions exceed (i) the amount of a full refund of any price paid to the Site for the booking of the advertisement/commercial in connection with which the error or omission, misprint, delayed and/or non-publication arose or (ii) the cost of a further or corrective publication of the advertisement/commercial anywhere in the platform in which the advertisement/commercial was published, PROVIDED however, such error, misprint or omission is attributable solely and directly to ADWORK (advertisement of a type and standard reasonably comparable to that in connection with which the error or omission, misprint, delayed and/or non-publication arose). ADWORK shall not be responsible for any error, misprint or omission attributable to the advertiser, media owner/publisher and/or third-party suppliers, including creative content suppliers.
You agree that ADWORK and/or the media owner/publisher may in its absolute discretion:
- Without notice to the Customer/advertiser, alter or abbreviate any Advertisement and commercials or insert the word “Advertisement” above or below any Advertisement/commercials which in the publisher’s opinion resembles editorial matter;
- You may make changes to your advertisement and commercials booking and/or cancel your booking at any time before payment. Once payment has been made, the booking is confirmed, and cancellation is discouraged as this is a real time booking engine. You may, subject to availability and applicable terms and conditions, potentially move the insertion/publication date to a later date within the stipulated time period.
Cancellation and Refunds
Cancellations and/or change of publication date to a later date are subject to the following additional conditions:
- The deadlines for cancellation and/or change of publication date to a later date are unique for each media, hence please refer the media specific terms and conditions.
- Requests for cancellation and/or change of publication date to a later date must be received by ADWORK in writing, before the applicable deadlines for the respective media.
- Each cancellation or change of publication date is subject to administrative fees of RM50.00;
- Where cancellation and/or change of publication date is permitted, ADWORK will refund the booking fees (cost of Advertisement/commercial + material transmission cost), less the administrative fees, within 30 business days of cancellation / change of publication date;
- For all change of date of publication, Advertiser must make a fresh payment and cannot set-off from the refund due to advertiser from the previous booking.
- New publication dates are subject to availability and must comply with booking and material deadlines like new bookings.
- There shall be no refund of creative artwork charges;
- For all cancellations / change of date requests received other than in compliance with the set deadlines, Advertiser shall be liable for the full cost of the booking.
There shall be no refund of any amounts paid to ADWORK if a Booking is rejected or not accepted by ADWORK or the Publisher where such rejection or non-acceptance is attributable to the Advertiser for any reason whatsoever, including for Advertiser’s negligence and/or breach of these Terms and conditions and/or applicable laws, rules regulations and/or guidelines.
You are advised that media owners/publishers apply Disclaimers in respect of advertisements and publications of advertisements and commercials, and you are advised to appraise yourself of these Disclaimers.
Bookings
All Media Rate Cards posted on the Booking Service and/or the website are offered by independent suppliers and are subject to the suppliers’ terms and conditions and the availability of Media Space. ADWORK does not verify the accuracy and quality of the information and does not guarantee its accuracy, completeness or adequacy. ADWORK, our affiliates, and our officers, directors, agents, joint ventures or employees shall not be responsible or liable for any:
- Overbooking, misinformation or mishandling of any Booking for any reason whatsoever by the Supplier/Publisher;
- Mishandling, non-delivery of Media Space by the Supplier/Publisher or fulfillment of services by third party providers, suppliers and/or Publishers;
- Any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages or losses whatsoever including without limitation, damage or loss to you, your property or personal injury howsoever sustained or caused as a result thereof.
Payment for Services
Transactions are in Ringgit Malaysia and subject to applicable taxes in accordance with the laws.
Tax Liability
You are responsible for all taxes applicable for your transactions, whether by virtue of existing and/or future laws, including without limitation withholding taxes. Accordingly, amounts billed to you will be subject to these and it shall be your responsibility to remit all taxes to the appropriate authorities.
ADWORK Accepts Payment by the Following Modes Of Payment:
Online transfers- KiplePay, Affin Online Am Online Bank Rakyat Celcom AirCash CIMB Clicks FPX (Maybank2U, PBeBank, Bank Islam, Hong Leong Connect, RHB Now, CIMB Clicks, Am Online, Bank Rakyat, UOB Online) Hong Leong Connect Maybank2U MyBSN RHB Now WebCash.
Debit Cards- All Malaysian Visa and MasterCard debit cards subject to bank availability. All debit card numbers are protected by means of industry-leading encryption standards.
Credit Card- All major Credit Cards (including Visa & Master). Please take note that additional charges may be incurred if you are using a non-Malaysian issued card due to prevailing exchange rates.
All Payments and/or Transfers must be for the total amount of the advertiser’s purchase (including any applicable taxes and fees etc.).
ADWORK may at its sole discretion, refuse or decline any payment option to any user without notice for any reason whatsoever at any time.
Credit Card Validity
You are required to submit your credit card details accurately, including without limitation, your name on the credit card, the issuing bank and such other authentication mark required by the Booking Service or for the successful completion of the transaction. ADWORK reserves the right to reject or not honor your Booking, notwithstanding that the amount is charged for your purchase on your credit card, if any of the card details provided by you upon your Booking is erroneous, misleading, inaccurate or fraud is suspected.
Micro-Financing Facility Users
You understand and agree that ADWORK is not the supplier of the financing facilities available via the Site and we owe you no responsibility whatsoever in respect of these services.
You understand and agree that we do not operate or control the financing facility services offered via the Site and that the financing facility supplier is responsible for all aspects of the facility, including for processing the applications for financing facility, order processing, fulfilment, billing and customer service in respect of the financing facilities. We are not a party to the financing facility transactions between you and the financing facility supplier.
You agree that use of such financing facilities if any, is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise and under no circumstances are we liable for any losses, including for any direct and/or indirect damages, losses and/or expenses incurred by the user or any third-party as a result of the financing facilities supplier's actions and/or omissions, including without limitation for any decision to reject the user/applicant’s application for financing, withhold the financing, suspend, or cancel the financing or any delay in the disbursement of the financing or the inadequacy of the financing to fully settle the purchase price, consideration and/or cost of advertisements or bookings payable by the user or advertiser for the services.
All rules, policies (including privacy policies) and operating procedures of the financing facility supplier/s will apply to you. We are not responsible for information provided to you and/or by you to the financing facility supplier/s. We and the financing facility supplier/s are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Each agreement and/or transaction entered into for the financing facility available via the Site shall be an agreement entered directly between the user/Advertiser and the financing facility supplier/s. ADWORK shall not in any way whatsoever be deemed to be a party to the financing agreement or arrangement between the user/Advertisers and the financing facility supplier/s.
ADWORK, shall take no responsibility and/or will not be liable for the failure and/or delay and/or rejection by the financing facility supplier/s for the financing application made by the users/Advertisers. Notwithstanding any financing obtained by the user/Advertiser for the advertisements and bookings, the user/Advertiser shall remain fully responsible for payment for the advertisements and bookings. Should the financing facility supplier/s delay and/or reject and/or cancel and/or withdraw the financing of any of the bookings made by the user/Advertiser, the user/advertiser shall ensure payment for the bookings Is made to ADWORK without delay and in timely manner In accordance with the agreed due dates.
The financing facility provided by the financing facilities supplier/s via the Site are subject to the terms and conditions, Disclaimers, rules and restrictions, criteria, and requirements of financing facility supplier/s.
The users/Advertisers shall be solely responsible for all matters under such financing agreements and shall indemnify and hold harmless ADWORK, its officers, directors, employees, agents from and against all claims, actions, demands, damages, liabilities, loss, expenses and costs, including costs on solicitor client basis arising in connection with the financing facility and/or from any dispute or breach under the financing facilities or agreements.
Confirmation of Booking
Once you have made payment for your Booking, you will receive an automated email confirmation via the email address provided by you. You must ensure all the details contained in it are correct, accurate and complete. Notwithstanding the above, if for any reason whatsoever you do not receive an email confirmation from us upon the submission of your Booking request, you are solely responsible to immediately check the status and accuracy of the Booking and information by clicking on “Booking Status” on site www.adwork.io
Rates Validity
Rates displayed in the currency requested are subject to currency fluctuations. Therefore there may be slight variations in price on a daily basis that will reflect any movement in the currency exchange levels. Once a booking has been created and paid for, the currency exchange rate for that booking is fixed as those at the booking creation date.
General Terms
Media Analytics Recommendations powered by Nielsen.
Notes: The % refers to the estimated percentage of the target audience who consume each media type. Top ranking properties are based on media types reported in CMV and do not constitute all media that exists in Malaysia.
Disclaimer: Any information or data including, without limitation, any analytics or analysis (""Materials"") is for informational purposes only, for internal use by the intended recipients authorized to access or receive such Materials. Materials may contain confidential and privileged information. Materials may not be redistributed, published or resold, in whole or in part, nor used in any way detrimental to or competitive with any Nielsen service. Materials may not be used in such a way as to state or imply that Nielsen endorses, approves or disapproves or recommends for or against any recipient's products or services. Nielsen makes no express or implied warranties with respect to Materials and expressly disclaims all warranties including without limitation any warranties of accuracy, non-infringement, merchantability, quality or fitness for a particular purpose or use. Materials and any content therein are produced at a certain given point in time and may therefore not be applicable at another point in time where there may be other factors and considerations that are relevant at such later time. Materials do not constitute investment, financial or other kind of advice or take into account the circumstances of those who access or receive Materials and recipients remain solely responsible for their decisions. Nielsen is not a related entity of Adwork and Nielsen is not responsible for the content or performance or security of the Adwork web site or any links that may be accessed in the Adwork web site.“
Termination
ADWORK may in its sole discretion, at any time and without advance notice and without assuming any liability whatsoever, terminate, suspend or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass and action can be taken against you to the full extent of the laws. ADWORK shall not be responsible to you in any way whatsoever for any restriction of access, suspension or termination for any reason whatsoever.
Changes
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. In using the Site and the services via the Site, you agree that ADWORK shall not be liable to you for any alleged delay, loss or damage whatsoever from such modification, suspension, or discontinuance. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
Services
We will use reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
Website Content
- To the maximum extent permitted by law, we exclude all warranties regarding the Site and any services provided by us except as expressly provided in these terms and conditions.
- As a condition of your use of the Site, including any services provided by us, you agree to indemnify us from and against any liability, damage or loss that we incur or suffer as a result of any action, inaction or omission on your part and/or arising from your use of the Site in any way whatsoever.
- Every effort is made to ensure website accuracy at the time of posting material to the site, however ADWORK shall not be responsible for any errors or omissions, including for typographical errors or errors arising from unforeseen circumstances. You acknowledge and accept that we cannot, and are not obliged to, check the accuracy of information provided by third parties.
- All trademarks, service marks and trade names used on this are either proprietary to us or the owners of such marks have granted us the right to use such marks on this website.
Viruses
We make reasonable attempts to exclude viruses from the Site but cannot ensure that the Site will be at all times free from viruses or other damaging software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
Liabilities and Indemnities
Subject to applicable laws, use of the Site and its Content and the Services provided is at your sole risk. Services and Products made available on or via the Site are subject also to conditions imposed by the media owners, publishers, and Providers and third-party merchants, suppliers and financing facility supplier/s including but not limited to terms and conditions for cancellations and refunds.
The ADWORK Site and the Content and our services are provided on an “As is”, “With all faults” and “As available” basis. ADWORK and our Affiliates, our directors, officers, agents, joint ventures and employees make no warranties whatsoever and hereby disclaim all warranties (express, implied or statutory) including without limitation, any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products and services, information, Content and materials on the ADWORK Site. ADWORK does not promise that the ADWORK Site or any Content, Product description, information, material or feature of the ADWORK Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the ADWORK Site will provide specific results.
In no event will ADWORK, the www.adwork.io site, our Affiliates, and our officers, directors, agents, joint ventures or employees be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages or losses whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, use or loss of data or interruption arising or resulting from use or reliance on, any product or service, booking for advertisements via the Site, or advertised or published or the fact of the publication or purchase or use of any product or services booked or purchased via the Site, including without limitation for any of the following:
- the use, the results of use or inability to use the www.adwork.io site and/or www.adwork.io marketplace, or any websites linked to the www.adwork.io site, or the information or materials contained at any or all such websites, or advertisement and commercials booked, advertised or published or purchased via the Site howsoever arising, including negligence, whether based on warranty, tort, contract or any other legal theory or whether or not advised of the possibility of such damages.
- any defect in products, data, information or services booked for advertisement, advertised or publicized or purchased via the Site.
- violation of any laws, third party rights under any applicable laws, rights, claims and/or demands that the advertisement/commercial booking, advertising, and/or use of the products or services booked, offered or displayed on or via the Site may violate or may be asserted to violate third party rights or claims by any party that they are entitled to defense or indemnification in relation to assertion of rights, demands or claims by third party rights claimants;
- statements, acts or conduct by any user of the Site;
- unauthorized access by third parties to data or private information of any user; or
- multiple usage of a promotion code or voucher code by any user across multiple transactions and/or elements of fraud on the Site; or
- any matters relating to the Site, products and related services (including calculation of taxes and issuance of tax invoices) however arising including negligence.
Notwithstanding any of the foregoing provisions, our liability and that of our Affiliates, our directors, officers, agents, joint ventures and employees to you or any third parties in any circumstances whatsoever is limited to the actual amount of monies you have paid to us, ADWORK, for ADWORK’s service for the particular transaction. All claims arising from the use of the Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far, as is practicable the amount claimed in respect thereof, and shall be served within one (1) month from the date of the event/omission giving rise to the claim, failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.
ADWORK does not guarantee continuous, uninterrupted or secure access to any part of the www.adwork.io site, and operation of Site may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. ADWORK does not ensure that any files or other data downloaded from the www.adwork.io site will be free of contamination, virus or destructive features. ADWORK will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but ADWORK makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service.
ADWORK may make changes to the information, content, materials or feature at the www.adwork.io site, or to the products or services and prices described in them, at any time without notice. The information, content or materials at the Site may be out of date, and ADWORK makes no commitment to update the information, content or materials at the Site. Content, materials or information published at the Site may refer to products, programs or services that are intended for use only in a particular country and may not be used or relied upon in any other country save where otherwise provided.
Your remedy against ADWORK for dissatisfaction with the www.adwork.io site, the www.adwork.io marketplace or any Content, information or material is to stop using the www.adwork.io site, the www.adwork.io marketplace or any such Content, information or material.
You hereby agree that ADWORK shall not be responsible for and shall have no liability to you, for any material posted by others and advertisements booked via the Site, including defamatory, seditious, vexatious, offensive, false, indecent, illegal, unlawful or illicit material and the risk of damages from such material rests entirely with each user. ADWORK reserves the right, at our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with ADWORK in asserting any available defenses.
Indemnification
You agree and undertake to release, defend, protect and indemnify ADWORK and each of our respective officers, directors, employees and agents from and against all and any claim, summons, fines, compounds, penalties, cause of action or demand, including without limitation all legal costs and fees on solicitor client basis and accounting fees, for any claim, summons, fines, compounds, penalties, action filed or commenced or demand made by any party and/or authorities against ADWORK and/or any of our respective officers, directors, employees and agents as a result of (1) your use of the Site in any way whatsoever, (2) your breach of these Terms and conditions; (3) your violation of any laws, rules, regulations, guidelines etc. or the rights of a third party and (4) everything related to your advertisements and/or commercials and/or products and services, (5) your use of our Site in any way.
Release
ADWORK takes no responsibility for and shall not be responsible for any disputes between one or more users, or any third party, including without limitation with advertisers, publishers, media owners, suppliers, purchasers. If you have a dispute with another user, you release ADWORK, our Affiliates, officers, directors, agents and employees from any and all claims, demands and damages of all and any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
Management and Handling of Content
By uploading any Content to the Site in any form whatsoever, including in text, words, numbers, alphabets, images, drawings, pictures, sketches etc., including without limitation via any placement of bookings, creative content, products or services, you warrant, represent and covenant that, in addition to the content complying with the terms and conditions stated above, you are the legal and beneficial owner or have the full rights or are duly licensed to use such Content in this manner and that such Content does not infringe, whether directly or indirectly any third party rights, Intellectual Property, marks, patents, copyright, trade secret, trademark or any other rights whatsoever.
You further represent and warrant that you are not aware of, and have no reasonable grounds to believe that are or may be any claims made, likely to be made or possibility of being made by any third party with regards to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from use of the Content in accordance with this terms and conditions and/or uploading of the Content on the Site. Notwithstanding, you warrant and undertake that you shall be solely responsible for all contents posted by or for you and shall keep ADWORK fully indemnified against all claims and losses arising as a result of the use and/or the posting/uploading of the Content. In the event that ADWORK receives a complaint and/or negative information in respect of any Content posted by or for you, ADWORK reserves the right to remove such Content immediately without notice and without prejudice to its other rights. In any event, it shall be your responsibility to deal with such complaints; and further, to indemnify ADWORK for any losses suffered by ADWORK.
By uploading Content to the Site, you grant an irrevocable, non-exclusive, royalty free, worldwide, perpetual, sub licensable (through multiple tiers) license and right to ADWORK to exercise the copyright, publicity and database rights you have in the Content, in any media now known or not currently known, with respect to the said Content. You further agree to allow ADWORK to store or re-format your Content on ADWORK’s Site and display your Content on ADWORK’s Site in anyway as we choose. You agree that ADWORK has the right to use such Content to promote ADWORK’s Site and/or your store in any manner deemed appropriate by ADWORK in its sole discretion. You hereby warrant that you shall have obtained due consent in accordance with the Personal Data Protection Act (PDPA) from the relevant parties and entities for the Content posted/uploaded by you on the Site, to be so used and/or disclosed by ADWORK.
ADWORK acknowledges that we will not acquire ownership in respect of such Content and that ownership of such will remain vested in you as supplier or the owner of the said Content, as the case may be. You shall not be entitled to use any Intellectual Property belonging to ADWORK without prior approval from ADWORK in writing.
By posting Content on the ADWORK Site, it is possible for a third party or website outside the ADWORK Site to repost that Content. If you choose to display your own ADWORK Site hosted image on another website, the image must provide a link back to its listing page on the ADWORK Site.
Any communication or information submitted by you to ADWORK is subject to these Terms and Conditions of Use and all other policies and notices herein. You hereby grant and agree to grant ADWORK, all of your rights in the Submissions, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Submissions for any purposes whatsoever, whether commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further consent from you.
During the course of your transactions on the ADWORK Site, you may have access to personal information from another ADWORK Site user. You shall ensure that such personal information shall only be used with the owners’ consent for the purpose such consent has been granted. ADWORK does not grant you any license or right to use the information without such consent having been obtained by you from the owner, including for unsolicited commercial messages, and you shall not add any ADWORK Site user to your database without express consent from the user.
You represent and warrant that you solely shall be responsible for all aspects of the advertisements and commercials and products and services advertised or published by and/or for you on/or via the Site, including without limitation, for compliance with all laws, rules, regulations, licensing requirements, the accuracy, truthfulness, adequacy, fit for purpose, safety or reliability of the products and services and information about the products and services.
You agree to release, defend, protect, indemnify and hold ADWORK, our Affiliates, and our respective directors, officers, employees, contractors, agents, users, successors, and assigns, harmless from and against any and all costs, expenses, fines, penalties, losses, damages, and liabilities arising out of any actual or alleged purchase and/or use and/or reliance on or as a result of, any such advertisement/commercial, product, services and/or information, including without limitation, due to non-compliance with any laws, rules, regulations, licensing requirements, the accuracy, truthfulness, adequacy, fit for purpose, safety or reliability of the products, services and/or information thereof or any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other dispute, claim, demand or action resulting from the posting, uploading, displaying or any other dealing with the Content on or via the ADWORK Site.
Use and Disclosure of Data
You agree that ADWORK shall be entitled to use and/or disclose any information or data disclosed by you in accordance with our Privacy policy. You are entitled to withdraw such consent in accordance with the procedure as prescribed by ADWORK from time to time.
Others
Electronic Notification
To the extent that we may need to contact you, you agree that we may do so via any means, included without limitation, by telephone, communication posted on the Site, electronic mail, or instant messaging.
Force Majeure
ADWORK shall not be liable for damages of any kind arising out of unforeseen circumstances or circumstances beyond ADWORK’s reasonable control. For the purposes of this “Force Majeure" means any circumstances beyond the reasonable control of either Party hereto (including, without limitation, acts of God, civil commotion, act of war, strike, lockout, riot, loss or damage by fire, power/electric failure, ship wreck, flood or tempest, lock-out or other form of industrial action).
Governing Law
Notwithstanding the place or country in which a cause of action arises, it is expressly agreed hereto that all causes of actions shall at all times be commenced within the jurisdiction and territory of Malaysia and by your utilization of the Site, you agree and submit unequivocally to the jurisdiction of the Malaysian courts. All terms and conditions and our services are governed by and construed in accordance with the laws of Malaysia. Any claims demand or legal proceeding or litigation arising in connection with the service will be brought solely in Malaysia, and you consent to the jurisdiction of the courts in Malaysia.
Disclaimer
Subject to the limitations set out in these terms and conditions and to the full extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to a directly attributable shortcoming of our obligations in respect to our services, and limited up to an aggregate amount of the aggregate cost of your booking as set out in the confirmation email (whether for one event or series of connected events) or the amount you have paid to ADWORK for ADWORK’s services for that particular transaction, whichever is the lower.
However and to the full extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents and/or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential losses or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, any economic loss (ii) any inaccuracy relating to the information (whether descriptive or otherwise), (including rates and availability) of the advertiser, publisher, or supplier, as made available on our Platform, (iii) the services rendered or the products offered by the advertiser, publisher, or supplier, merchant or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform (if any), or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the advertiser, publisher, or supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (whether partial or full) cancellation, overbooking, strike, force majeure or any other event whether within or beyond our control.
Whether or not you have been charged for your space, the product or service, or if we are facilitating the payment of the (space/booking) price, you agree and acknowledge that ADWORK and/or the advertiser, publisher and/or supplier is at all times authorized to collect, withhold, remit and make payment of the applicable taxes due on the total amount of the (booking/s) price to the relevant tax authorities.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that ADWORK may use the uploaded photos/images on its Site and app, and in (online/offline) promotional materials and publications and as ADWORK at its discretion sees fit. You are granting ADWORK a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as ADWORK at its discretion as it sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to ADWORK publishing and using these photos/images. ADWORK does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of ADWORK. ADWORK disclaims all responsibility and liability for the pictures posted. The person or party who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party rights, including any intellectual property right, copyright or privacy, marks or other rights and shall take full responsibility for these. Upon becoming aware of any infringement of the above or discovery that Any photo/image does not meet the aforesaid criteria, such photo/image will not be posted and/or can be removed/deleted by ADWORK at any time and without prior notice.
Intellectual Property Rights
Unless stated otherwise, the software required for our services or available on or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by ADWORK (REDDOOR ASIA SDN BHD). ADWORK exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to ADWORK. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
Miscellaneous
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Malaysian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Malaysia. If any provision of these terms and conditions shall be held to be Invalid by a court of competent jurisdiction, such provision shall be severed and all other provisions shall remain valid and enforceable and construed to give a meaning as close as possible to such severed provision.
The headings in the Terms and conditions are merely for convenience purpose only and shall not affect the meaning and effect of the provisions and clauses.
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