Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE. YOU SHOULD ALSO READ OUR PRIVACY POLICY THE TERMS OF WHICH ARE EXPRESSLY INCORPORATED HEREIN.

Definitions

“Website” means tdnaconsult.com
“You” means you as a visitor or user to the Website and shall apply to you as an individual and to your business entity if you purport to represent such an entity.
“Advertiser” means individuals or companies who need to advertise their products online and who registered with the Website to enjoy our services. The Advertiser pays compensation to TDNA for its services as it is stated herein.
“We/us/our or TDNA” means Trafficdna Asia Pte. Ltd, Limited Exempt Private Company with its principal office at 105 Cecil Street, Octagon, The Singapore (069534)
“User Interface (UI)” means the interface available to an Advertiser to create, pause and stop Campaigns as well as to monitor Campaigns performance.
“Pre-Pay” means a payment model where an Advertiser pays in advance to buy Traffic and the funds being allocated to the advertisers account for new or current campaigns. Please note that funds are only allocated as and when payment has been received.

Rights to amend these terms

We reserve the right to modify these Terms of Use without notice and any modifications are effective when they are uploaded to the Website. You have no right to modify these Terms of Use. Your use of the Website following the uploading of any revised Terms of Use shall be deemed acceptance of the revised policy. TDNA strongly recommends checking Terms of Use periodically.

Payment Terms

For the services to be rendered by TDNA, the Advertiser hereby pledges, covenants and agrees to pay to TDNA for the valid and qualified Traffic delivered to the Advertiser as a result of our services and any additional payments which are to be agreed upon between TDNA and the Advertiser.

To start enjoying the TDNA’ services the Advertiser shall make the Pre-Pay in the amount of not less than US$ 500 (five hundred US Dollars) to its Advertiser’s account (hereinafter the “Advertising budget”). The Advertiser’s account may be managed by the Advertiser through the UI.

When the Advertising budget is entirely exhausted TDNA will pause immediately all Campaigns of the Advertiser without any notification until the Pre-Pay in the amount of not less than US$ 500 (five hundred US Dollars) will have been made to restart the Campaigns. It is the Advertiser’s sole responsibility to monitor, and when necessary, add funds to its account to ensure there's no disruption with Campaigns.

The Advertiser acknowledges and agrees that any credit card and related billing and any other payment information that the Advertiser provides to TDNA may be shared with companies who work on our behalf such as payment processors and/or credit agencies solely for the purpose of checking credit and/or effecting payment TDNA and serving the Advertiser’s account. TDNA shall not be liable for any use or disclosure of such information by such third party.

Rights to monitor access and terminate access

We may at any time in our sole discretion suspend or terminate your access to the Website. We reserve the right to monitor your use for compliance with these Terms of Use.

Assignment

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TDNA without restriction.

Capacity of users

You warrant that if you are acting on behalf of a company or other business entity, that you have the full legal capacity to enter into these Terms of Use and bind yourself and the business entity.

License to content

All intellectual property rights in all materials, information and publications (collectively “RP Content”) we place on the Website remain our property.

We grant you a limited, non-exclusive, revocable license to use the RP Content for the purposes of accessing and using the Website. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Web site information, in whole or in part, without our prior written consent.

Restrictions on your use of the Website

As a condition of your use of this Web site, you will not use the Web site or the Web site information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Web site in any manner that could damage, disable, overload or impair the operation of this Web site or use by third parties. You warrant that at all times your use of the Website will be in full compliance with all applicable laws of the jurisdiction in which you are located when you access or use the Website.

You warrant that you will not:

  1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
  2. upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under copyright laws of Singapore;
  3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the export laws and regulations of Singapore;
  4. upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
  5. restrict or inhibit any other user from using and enjoying the website;
  6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the website) or engage in spamming or flooding;
  7. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity;
  8. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;

Indemnity

You hereby agree to indemnify us against any costs, claims, losses and damages (including legal fees) incurred by or awarded against us as a result of your misuse of this website or your breach of these terms.

If you are in breach of these terms or of our Privacy Policy, we may as our sole option, suspend or block your access to the Website and refuse to provide you with any further access to it.

Neither us, nor any subsidiary or affiliated companies accept any liability to you (except in the case of personal injury or death caused by its negligence or for fraud or as required by law) whether in contract, tort (including negligence) or otherwise, arising out of it in connection with this website. We accept no liability for any direct, special, indirect or consequential damages, or any other damages of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from this website. Your sole remedy is to discontinue using this website.

Disclaimers

We make no representations or warranties regarding any information provided by us on the Website and all information is provided “as is” without warranty of any kind, express or implied. No advice or information, whether oral or written, obtained by you from TDNA, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, TDNA does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, RP Content, or any portion thereof, is correct, accurate, or reliable. TDNA reserves the right to change any part of the Website at any time without notice.

No Archive

This Website is not and shall not function as an archive. TDNA shall have no liability to you or any other person for loss, damage, or destruction to your Submission (earning statements and records). You shall be solely responsible for maintaining independent archival and backup copies of any Submission.

Limitation of Liability

Your use of this website is at your own risk. Neither TDNA, its affiliates, nor any of its or their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of this website or arising out of any action taken in response to or as a result of any Content or other information available via the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. You hereby waive any and all claims against TDNA and its agents, representatives and licensors arising out of your use of the Website. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

Force Majeure

No delay or failure by TDNA hereto shall be deemed a breach of this Terms of Use nor create a liability, if the same shall arise by reason of any cause beyond the reasonable control of TDNA, including, but not limited to acts of God, provided that TDNA shall use its best efforts to avoid or remove such cause of nonperformance and continue performance as soon as practicable.

Governing law

These terms of use are governed by the laws of Singapore. You submit to the exclusive jurisdiction of the courts located in Singapore.

Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

Waiver and Severability

TDNA’ failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Notice

If you have any questions, complaints, or claims with respect to the Services, you may contact us at:

Trafficdna Asia Pte. Ltd
105 Cecil Street, Octagon, The Singapore (069534)
Attn: Legal Department

EFFECTIVE DATE: June 15, 2017