Targeted Mobile Ads
Terms of Use

  1. Terms and Conditions of the Service Agreement

  • Please read the following Terms and Conditions which are applicable to your use of mGinger.com Services: This Agreement describes your rights and obligations as a user of the services of mGinger.com. This document also describes the rights and obligations of mGinger.com. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
  • mGinger.com and adGinger.com are business services provided under Gingersoft Media Pvt. Ltd. that promotes advertiser information to its registered customers /users. As with any business service, there are important rules and laws that you should understand and adhere to.
  • (From now/hereafter the company/Individual, you entering into an agreement to use the services of Gingersoft Media Pvt. Ltd. (mGinger.com), will be referred to as "the Client /the client" in the agreement and the Terms and Conditions.)
  • Gingersoft Media Pvt. Ltd. (mGinger.com) reserves the right, at its sole discretion and without cause, to require payment in full before it will accept the Client order and before it will start running the Ad-Campaign /Promotions.
  • Gingersoft Media Pvt. Ltd. (mGinger.com) Reserves the right, at its sole discretion and without cause, to refuse any Ad-Campaign /Promotion from the client or to limit the quantity or value of Ad-Campaign /Promotion the client may purchase. In the event that Gingersoft Media Pvt. Ltd. (mGinger.com) Refuses /Cancels any ad-Campaign /Promotion, it shall notify the Client by e-mail, correspondence, or by telephone within 24 hours of the Decision or the Termination of the Ad-Campaign /Promotion.
  • Gingersoft Media Pvt. Ltd. (mGinger.com) may demand that the Client provide adequate security/ Proof of identity /documents, determined at the sole discretion of Gingersoft Media Pvt. Ltd. (mGinger.com), before it will accept an agreement from the Client or any intermediary( an individual or a company) to deliver the agreed Ad Campaign /Promotion for the Client.
  • In the event that the Client fails to make any payment to Gingersoft Media Pvt. Ltd. (mGinger.com) by the date such payment is due, then Gingersoft Media Pvt. Ltd. (mGinger.com) shall cancel the Ad-Campaign /Promotion, which were agreed to be delivered, without any notice or explanation.
  • Gingersoft Media Pvt. Ltd. (mGinger.com) makes no express or implied warranties or representations with respect to the site or any transactions performed/ made/ done through the site, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement and any implied warranties arising out of course of performance, dealing or trade usage. In addition, Gingersoft Media Pvt. Ltd. (mGinger.com) makes no representation that the operation of the Site will be uninterrupted or error free, and Gingersoft Media Pvt. Ltd. (mGinger.com) will not be liable for the consequences of any interruptions or errors during the course of the agreement being carried out/ after or before.
  • Gingersoft media Pvt. Ltd. (mginger.com) will not be liable for any direct, indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or any transactions performed/ made/ done through the site or with the company Gingersoft media Pvt. ltd. (mginger.com) herein, even if Gingersoft media Pvt. ltd. (mginger.com) has been advised of the possibility of such damages. Further, Gingersoft media Pvt. ltd.'s (mginger.com) aggregate liability arising with respect to the agreement shall not exceed the purchase price /cost of the ad-campaign /promotions.
  • This Agreement will be governed by the laws of India and the State of Andhra Pradesh, without reference to rules governing choice of laws. Any dispute relating to this Agreement which is not settled between the parties must be determined in an action brought in the state courts, supreme or high courts located in Andhra Pradesh, and the jurisdiction of the courts located in Hyderabad, and the Client irrevocably consents to the jurisdiction of such courts. The client may not assign the Agreement, by operation of law or otherwise, without Gingersoft Media Pvt. Ltd. (mGinger.com)'s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Gingersoft Media Pvt. Ltd. (mGinger.com)'s failure to enforce Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of Gingersoft Media Pvt. Ltd. (mGinger.com)'s right to subsequently enforce such a provision or any other provision of the Agreement.
  • The User /the Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Gingersoft Media Pvt. Ltd. (mGinger.com)'s service or these terms and conditions must be filed within one (1) year after such claim or cause of action shall arise or be forever be nullified.
  • This Agreement constitutes the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof; this Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof.
  • The terms of this Agreement shall not be modified except by a written agreement signed by both parties in the presence of 1 witness from both sides of the parties entering into this Agreement. If any provision contained in this Agreement shall be inoperative for any reason whatsoever, the validity and effect of all other provisions shall not be affected thereby.
  • Because we are not involved in the transactions /sales between you and customers( ad consumers) who wish to make a purchase from you or wish to avail your services, you and the customers hereby release Gingersoft Media Pvt. Ltd. (mGinger.com) and our agents, employees, and affiliates from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with listings, completed or incomplete transactions, or items offered or actually sold /services availed.
  • You (the Client) are responsible for the content of the ad campaign. You agree that it is your (the client's) responsibility to ensure that the content is suited to the target audience's interests and that the content has nothing unlawful, illegal, obscene or inappropriate at any level to the audience.
  • It is your/ the Client's responsibility to determine whether the purchase or sale of any listed item to be advertised by Gingersoft Media Pvt. Ltd. (mGinger.com) is authorized by law, statute, or regulation. Without limitation, the following items may/will not be advertised or offered for sale on mGinger.com : firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods that are, in mGinger.com 's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the Services, would cause mGinger.com to violate any law, statute or regulation.
  • You agree not to resell or assign your Agreement or obligations under these terms and conditions. You also agree not to make any unauthorized commercial use of mGinger.com.
  • When participating in any mGinger.com service you may provide us with information about yourself and/or products and services listed. You grant mGinger.com exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media. These rights include but are not limited to the right to display your information anywhere on mGinger.com services and media properties, to search the information, and, consistent with our privacy policy, to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented in connection with your Ad-Campaign /Promotions on /via mGinger.com.
  • Gingersoft Media Pvt. Ltd. (mGinger.com) will take reasonable precaution to ensure that no information mentioned in this Agreement will be divulged to a third party apart from the two parties entering into this Agreement. However, to comply with any legal requirements or to protect the interest of the company, the contents may be used without any prior notice to anyone.
  • There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Gingersoft Media Pvt. Ltd. (mGinger.com) and any user /the Client of the Service. The Client is an independent contractor and neither the Client nor Gingersoft Media Pvt. Ltd. (mGinger.com) is in any way an agent or partner of the other.
  • Gingersoft Media Pvt. Ltd. (mGinger.com) shall not be liable for damages for its failure to perform arising out of causes beyond its reasonable control, including, without limitation, the Indian government modifying /altering the rules for the trade, Acts of God, fire, flood, storm, tempest, war, earthquake, explosion, epidemic or quarantine restriction.
  • In the event Gingersoft Media Pvt. Ltd. (mGinger.com) breaches this Agreement, Gingersoft Media Pvt. Ltd. (mGinger.com)'s liability shall be limited to an amount not more than the price of the Ad-Campaign /Promotions agreed herein.
  1. Statement: Gingersoft Media Pvt. Ltd. (mGinger.com) will not be liable for any losses, resulting from circumstances over which Gingersoft Media Pvt. Ltd. (mGinger.com) has no direct control. To cancel the Gingersoft Media Pvt. Ltd. (mGinger.com)'s services, you (the client) must notify Gingersoft Media Pvt. Ltd. (mGinger.com) and provide your reasons for termination in written with name; address or both; and the effective date to stop the service. You may notify Gingersoft Media Pvt. Ltd. (mGinger.com) by one of the following methods: 1) By sending an e-mail to sales@mginger.com followed by a letter by courier/ post to be delivered within 48 hours of the receipt of the e-mail. 2) By writing a letter and sending it to the following address: 105, 8th Main, M S Ramaiah City, J P Nagar 8th Phase, Bangalore-5600076

  1. Gingersoft Media Private Limited

    Status 09-Apr-2007

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