The iBuyer software ("Software", "iBuyer") is owned and operated by WORLDCOM ENTERPRISE SOLUTIONS PTE. LTD. ("Company
"), organized under the laws of Singapore and located at 68 CIRCULAR ROAD #02-01, 049422, SINGAPORE. 1. INTRODUCTION
The following terms and conditions regulate the access to and use of the Services and the Software (as defined below). Please review the terms and conditions carefully.
In order to use the Services and the Software you must be a registered user and have an advertising account on www.facebook.com ("Facebook
") and you must unconditionally consent to and accept these terms and conditions (including those regulating the processing of personal data) by ticking the "I agree" box when you sign up to the Services
whereby you are entering into a legally binding agreement with Company.
In these Terms and Conditions, certain definitions (identified with initial capitalization) shall have the meaning as specified on Facebook. In addition, the following additional definitions shall have the meanings set forth below. Additional definitions are also provided elsewhere in these terms and conditions.
"Agreement" means these terms and conditions including all policies, procedures and/or guidelines which appear on the Software from time to time as well as all Facebook Terms.
"Ads Content" means any and all information and files that you post on Facebook by the use of the Services and the Software.
"Facebook Ads Campaign Manager" means the service available at Facebook's online advertising portal, currently available on www.facebook.com/ads/manager.
"Facebook Terms" means any and all terms and conditions including policies, procedures and/or guidelines on Facebook from time to time and currently published on www.facebook.com. "Services"
means the features and services included in the Software that enable you to manage and tailor your production and publication of ads on Facebook account and do so at scale.
"Software" means Company's Facebook ads campaign, a technical application, which is used to provide the Services. 3. USE OF THE SERVICES AND THE SOFTWARE
You must have an advertising account on Facebook in order to use the Services.
Only individuals that are 18 years or older are permitted to use the Services and the Software. The Software is not intended for children under the age of 18. Company does not target its Services or the Software to children under the age of 18. Company does not knowingly collect Personal Data (defined in Section 8 below) from children under the age of 18. 4. PRICING
The fee for the Premium Membership and other Services shall be as quoted in iBuyer's current price list, which can be reviewed at https://ibuyer.io/price. The Premium Membership Fee shall be paid in advance to Company by credit card, PayPal Business Account or any other payment method designated by Company from time to time.
All prices specified by the Company are (unless otherwise stated) exclusive of VAT and all other taxes and duties applicable at your country.
The Company reserves the right to modify the prices for the Services from time to time in its sole discretion to cover any increase in the Company's costs for the Services (including but not limited to increased costs of materials, labor, services, currency fluctuations or as a result of government taxes and levies). You shall not be entitled to make any deduction from the sum due for the Premium Membership or other Services in respect of any set-off or counterclaim against the Company. You are not entitled to withhold payments by reason of any alleged defect in the Premium Membership and/or other Service(s) or the Software. Under no circumstances are you entitled to refund or reimbursement of fees paid to Company. 5. YOUR RESPONSIBILITY OF ADS CONTENT
You warrant that any Ads Content submitted by you by the use of the Software complies with this Agreement and all applicable laws, codes and good advertising practices, including but not limited to that the Ads Content does not:
(i) constitute inciting rebellion, agitation against an ethical group, child pornography crime or unlawful depiction of violence;
(ii) infringe in any third party IPR or trade secret; or
(iii) invade the privacy or publicity of any living person.
The Company advises you to periodically review Facebook Terms and especially Facebook Advertising Guidelines and Policies (currently available on https://www.facebook.com/policies/ads) in order for you, at all times, to comply with Facebook Terms when publishing Ads Content on Facebook.
The Company takes adherence to Facebook's advertising policies very seriously and is working with Facebook on reducing abuse. If one or more of your Facebook ad accounts are banned for violating Facebook's advertising policy, your Software subscription will be terminated and you will not be entitled to a refund. 6. DISCLAIMER AND LIMITATION OF LIABILITY
(A) Company's Services and the Software merely provide you with a technical application for publishing ads on Facebook. You agree and acknowledge that you must evaluate and bear all risks associated with the publishing of ads on Facebook. You further agree and acknowledge that the Company does not prescreen the Ads Content, but that the Company shall have the right, in its sole discretion, to review, reject or remove any Ads Content transmitted by the use of the Software.
The Company assumes no responsibility or liability for any errors, costs, loss, disclosure of or related to Ads Content or other information or data not being transferred to or published on Facebook or caused by malfunction in a transfer facility.
THE COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES APPLICABLE TO THE SOFTWARE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICES.
(B) The Company is not liable for any delay in performance of its obligations under this Agreement caused by circumstances that were not reasonably foreseeable by Company at the time of entering into this Agreement and the effects of which could not reasonably be avoided or overcome, including but not limited to reduced or disrupted access to Facebook, disruption or delay in external networks or telephony connections or shortage in power supply. The Company shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement or use of the Software, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.
The Company's aggregate liability arising out of this Agreement, the use of the Software and/or the Services will not exceed the greater of one hundred dollars ($100) or the amount you have paid to Company in the past six (6) months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company's liability will be limited to the fullest extent permitted by applicable law. 7. INTELLECTUAL PROPERTY RIGHTS
All copyright, designs, patent, trademarks, trade names and other intellectual property rights ("IPR") in and to the Software are and shall remain the exclusive property of the Company (or Facebook, PayPal or any third party as the case may be). You do not acquire any IPR to the Software or its contents apart from the right of use under this Agreement. Any unauthorized reproduction, redistribution, publishing, transmission, modification, sale and any other usage of the IPR to the Software is prohibited and may result in civil and criminal penalties. By transmitting, sending or posting any Ads Content by the use of the Services you grant the Company the nonexclusive, sub licensee and perpetual license to use, copy, display, modify or otherwise dispose of any such Ads Content for any purpose. If you believe in good faith that your work has been copied in a way that constitutes infringement, please provide the Company the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right;
2. A description of the work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Software;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the content, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. The Company may remove or disable access to the material that is alleged to be infringing;
2. The Company may forward the written notification to such alleged infringer; and
3. The Company may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Infringement with the Company
To be effective, a Counter-Notification must be a written communication provided to the Company for the Notice that includes the following information:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which the Company may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
1. The Company may promptly provide you with a copy of the Counter-Notification;
2. The Company may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. The Company may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided the Company has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Company's network or system.
When you download and/or use the Software you provide the Company with information as may be collected as you interact with the Software. The Company is entitled, in its sole discretion, to save and freely dispose over any such information (including but not limited to all Ads Content).
Submitting the name and e-mail address as well as other requested personal data or any other personally identifiable information (collectively, "Personal Data") is a condition to using the Services and the Software. The Company takes all necessary measures to protect the Personal Data from unauthorized access, modification, disclosure or destruction.
The Personal Data are processed according to the applicable laws. The Company processes the Personal Data in order to provide to iBuyer users access to the Services, information on other products of interest, personalized news, advertisement and other information as well as to maintain and improve the Services and the Software. You may at all times opt-out from any further advertisement to your e-mail address by sending a notice to the Company.
The information provided by the User, including Personal Data, may be used by the Company to ensure compliance with the requirements of the applicable laws, as well as to transfer it to the third-parties in order to protect right and interests of iBuyer users, the Company and third-parties (including in order to prevent, control/investigate and/or suppress illegal actions). The information provided by iBuyer users may be disclosed only in accordance with the applicable laws on the demand of the state authorities (including the court and law-enforcement bodies) as well as in other cases as provided by the applicable laws.
As the Company processes Personal Data for the performance of these Terms, no iBuyer users' consent to the processing of Personal Data is required according to the legislative provisions on personal data. You unconditionally consent to Company's collection and processing of Personal Data as specified in this Agreement when you sign up to the Services.
Cookies may be used in order to make your visit to iBuyer website easier, to enhance your experience, keep track of the number of visitors to and the general use of iBuyer website as well as to keep track of advertisement. A cookie is a small text file stored on your hard drive which tracks your movements within the website. Cookies is never used to store Personal Data. The information collected from you on iBuyer website helps us evaluate what types of information might be of interest to other visitors. 9. RELATIONSHIP OF PARTIES
Nothing in this Agreement or your use of the Services shall in any way constitute any agency, association, partnership, joint venture or employee-employer relationship between you and the Company. You shall not have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind Company in any manner. 10. YOUR INDEMNITY
You agree to indemnify and hold Company and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney's fees, which are based on or arise from you violation of any of the provisions of this Agreement or otherwise is related to your Ads Content and/or use of the Software. 11. TERMINATION
These terms and conditions shall be valid until terminated by you or the Company as provided below:
11.1 Termination of Services
The Services that are free of charge may be terminated by you at any time and without cause simply by removing the Software. You may at any time and without cause terminate your Basic and Premium Membership by giving the Company fifteen (15) days written notice prior to the end of each month. You acknowledge and agree that you shall fulfill your obligations pursuant to this Agreement until termination. The Basic and Premium Membership Fee will always be calculated on full calendar month basis.
11.2 Company's termination
The Company is entitled to, in its sole discretion, to terminate this Agreement if you violate any of the terms and conditions in this Agreement or any applicable law. Any such termination of your access to the Services may be affected without prior notice and you acknowledge and agree that the Company may immediately delete any information or files in you account (if any) and revoke any further access to the Software without being liable to you or any third party. 12. OPERATION OF SERVICE
The Company reserves the right to modify, suspend, discontinue or restrict access to any portion of the Software and/or its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid. 13. AMENDMENTS OF TERMS AND CONDITIONS
The Company may change, amend or modify any of these terms or conditions, at any time and in the Company's sole discretion. Changes will be notified by e-mail to you. All such modifications shall have effect thirty (30) days after notice, unless indicated otherwise. If you do not consent to any changes in these terms and conditions you must terminate this Agreement pursuant to section 11. Your continued use of the Software and Services will be subject to the then current terms applicable to the Software. The Company advises you to periodically review Facebook Terms in order to be informed of any changes in the Facebook Terms. 14. ASSIGNMENT
The Company may assign its rights and obligations under this Agreement to affiliates and other companies within the same corporate group. 15. SEVERABILITY
In the event that any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or if incapable of such enforcement shall be deemed to be deleted from these terms and conditions, while the remainder of this these terms and conditions shall continue in full force and remain in effect. 16. GOVERNING LAW AND DISPUTES
This Agreement, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of the England and Wales, without regard to any conflict of law principles. All disputes, differences or claims arising out of or in connection with this Agreement, which concerns it or an infringement of it, termination or invalidity, shall be finally settled at the Riga International Arbitration Court in accordance with its Arbitration Rules. The place of arbitration shall be Riga, Latvia. The arbitration shall be held, and the award rendered, in English. The number of arbitrators shall be one.