EXCHANGE COMMISSION OF PAKISTAN in GUJRANWALA, PAKISTAN (“AdsBeen”, “us” or “we”), for the use of the online platform and application known as ‘AdsBeen’ (the “Platform”).
The Platform is a marketplace where Customers and Service Providers can find each other and advertise, buy, and sell services online.
PLEASE READ CAREFULLY BEFORE USING THE PLATFORM.
Welcome to AdsBeen Market
1. Hi, we’re AdsBeen and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘AdsBeen’ it’s because that’s who we are and we own and run the AdsBeen Market site.
2. AdsBeen’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an AdsBeen Market account that will allow you to buy and sell items like the ones found on the AdsBeen Market sites and make other related transactions.
3. The AdsBeen Market sites are platforms that allow members to buy and sell licenses to use digital items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. On Envato Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an AdsBeen Market account, any transactions are logged on your member’s statement, which records the payments made by you to authors via AdsBeen Market (as a buyer) and by buyers via AdsBeen Market to you (as an author).
4. The items on AdsBeen Market are owned by the authors, not by us. The items on AdsBeen Market are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.
5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the AdsBeen Market sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
How buying items works
What you're buying:
Item support: Authors can choose whether or not to support certain items. If an author chooses to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires an AdsBeen Market account.
Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Envato like 24/7 buyer support, fraud protection, item quality control and other related buyer services.
The total price for an item on AdsBeen Market is made up of:
a. Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
b. Buyer fee: This is the fee for the buyer services you get from AdsBeen.
c. Handling fee: In some transactions on AdsBeen Market the total checkout price may include a handling fee.
d. Taxes: Some transactions on AdsBeen Market may be subject to tax that may be added to the price.
Transacting as a buyer:
If you have an AdsBeen Market account, you can make payments by using the ‘Buy Now’ function or by using any existing AdsBeen Credits in your AdsBeen Market account.
Envato Credits: Existing AdsBeen Credits can only be used to pay for AdsBeen Market transactions. We do not refund any monies originally placed into your AdsBeen Market account to buy Envato Credits (but you may have rights under an applicable consumer law, which we don’t exclude).
When using Buy Now you will be redirected to a payment method provider.
Terms of buying: When you buy an Envato Market item you’re doing so on the following terms:
a. you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
b. you cannot cancel a completed purchase of an item;
c. we and the authors do not promise that any particular item will continue to be available on AdsBeen Market so you should download and save the item as soon as you buy it;
d. once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
e. the author retains ownership of the item;
f. your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services; and
g. we have the right to enforce against you the terms of the license that you have acquired from an author.
Warranties we make:
a. We warrant that the AdsBeen Market sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
b. We otherwise do not make any express or implied warranties about the AdsBeen Market site.
Warranties authors make: The author of an item you buy warrants to you that:
a. the item is of acceptable quality and fit for the purpose for which it is 'sold';
b. the item matches the description given by the author on the item preview page, as well as any item preview;
c. they will honour any express warranties given to you that are not contained in these terms;
d. they have the rights necessary to license that item on the terms of applicable license;
e. your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
f. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
g. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
h. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
i. if the item is marked as 'supported', they will provide you with the services as outlined in the item support policy;
j. they will process your data in accordance with applicable privacy law and data protection regulations.
a. Sales Tax. Prices and fees made for supplies made to you (whether by Envato or authors) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.
b. Other taxes.You are responsible for paying all such taxes and imposts associated with your use of Envato Market wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to AdsBeen (or authors) the gross amount on the invoice(s) such that the amount received by AdsBeen (or authors) after the withholding tax is applied is the full amount AdsBeen (or authors) would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with AdsBeen’s standard processes).
7.1 Except as expressly set out in this Agreement, you will not:
7.1.1 copy the Platform except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
7.1.2 copy, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;
7.1.3 make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
7.1.4 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:
a) is used only for the purpose of achieving inter-operability of the Platform with another software program;
b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c) is not used to create any software that is substantially similar to the Platform;
7.1.5 provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
7.1.6 be in breach of technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service (the “Technology”).
7.2 You may not for any reason at any time:
7.2.1 circumvent use of the Platform when dealing with Customers or Service Providers (as applicable);
7.2.2 provide any inaccurate or misleading information to any party via the Platform;
7.2.3 use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Service or any operating system;
7.2.4 infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service (to the extent that such use is not licensed by this Agreement);
7.2.5 transmit or communicate any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service;
7.2.6 use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
7.2.7 collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge that:
8.1.1 you have no right to have access to the Platform in source-code form;
8.1.2 all intellectual property rights in the Platform, and the technology anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform, or the technology other than the right to use each of them in accordance with the terms of this Agreement;
8.1.3 all materials displayed or performed in relation to the Platform, or which may be made available for download (including, but not limited to text, logos, graphics, articles, photographs, images, illustrations, video and layouts (also known as the “Content”), are protected by copyright;
8.1.4 at all times you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed or received through the Platform, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, (i) without the express prior written consent of AdsBeen (provided that you do not solely own and control the Content), and (ii) in any way that violates any third party right.
9. NO WARRANTY OR SUPPORT
9.1 AdsBeen is a provider of technology and does not (and does not purport to) provide advisory services or recruitment services to the Customer by virtue of this Agreement.
9.2 You expressly acknowledge and agree that use of the Platform provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
9.3 To the maximum extent permitted by applicable law, the Platform is provided “as is” and “as available”, with all faults and without warranty of any kind, and we disclaim all warranties and conditions with respect to the Platform, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights. We do not warrant against interference with your enjoyment of the Platform, that the functions contained in the Platform will meet your requirements, that the operation of the Platform will be uninterrupted or error-free, or that defects in the Platform will be corrected. No oral or written information or advice given by us or our authorised representative shall create a warranty.
9.4 AdsBeen may provide a feedback or ratings system as a means through which End Users can share their opinions of other End Users publicly. AdsBeen does not monitor, influence, contribute to or censor these opinions, and does not endorse any such opinions. AdsBeen will not be liable in any way for the choice of Service Provider made by any Customer.
10. LIMITATION OF LIABILITY
10.1 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.
10.2 We only supply the Platform for the private use of the End User. You agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 Our maximum aggregate liability under or in connection with this Agreement (including your use of the Platform) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the lower of the Service Fee paid by the Customer to AdsBeen in the most recent calendar month or US$1,000. This does not apply to the types of loss set out in condition 10.5.
10.4 You acknowledge and agree that:
10.4.1 by virtue of this Agreement or your use of the Platform, AdsBeen is not providing any advice regarding human resources, employment or recruitment;
10.4.2 by making the Platform available to the End User, AdsBeen does not purport to be offering any human resources, employment or recruitment services;
10.4.3 you must seek your own independent human resource, employment and personnel advice and implement your own human resource, employment and recruitment policies and protocols;
10.4.4 the descriptions on the Platform are indicative in nature only and AdsBeen makes no recommendations about employment, recruitment or your other human resources needs; and
10.4.5 AdsBeen will not be liable (including in cases of negligence) for any losses associated with any breach of data, security or passwords.
10.5 In no event will AdsBeen be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, arising out of any use (or inability to use) the Platform, even if AdsBeen has been advised of the possibility of such loss or damages.
10.6 AdsBeen will not be liable for any reason for the acts or omissions of any Customer or Service Provider, including in the case of wrongful rejection of Milestones or services, failure to perform any services, fraud, negligence or wilful misconduct.
11.1 The terms of this Agreement will continue to apply without limitation in duration.
11.2 This Agreement will be effective from the time you begin to use AdsBeen Platform and will continue until terminated in accordance with the terms of this Agreement.
11.3 You may stop using AdsBeen Platform at any time, whereupon any rights granted to you under this Agreement shall cease, but all your obligations will remain, including payment obligations under clause 5. In the case of Customers, any existing payment obligations will continue until the Customer discharges such obligation in full.
11.5 However, we may suspend or disable your access to AdsBeen Platform without notice including if you are using the Platform in a manner that could cause us legal liability, or disrupt other users’ ability to access the Platform.
11.6 Upon expiration of this Agreement for any reason, the End User’s access to the Platform will be withdrawn and the Authorised User’s Account will be suspended, and AdsBeen will, without liability, cease to perform all services for the End User.
11.7 Notwithstanding the termination of this Agreement, any provision that is intended (whether expressly or impliedly) to come into or continue in force on or after termination or expiry of this Agreement will remain in full force and effect.
11.8 Termination of this Agreement will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination.
11.9 In all such cases, any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.
11.10 Nothing in this section shall affect our rights to change, limit, or stop the provision of the Platform, which AdsBeen may do at any time without prior notice to you.
11.11.1 all rights granted to you under this Agreement shall cease;
11.11.2 you must immediately cease all activities authorised by this Agreement;
11.11.3 you must immediately delete or remove any AdsBeen Platform software or applications from all of your devices.
12. SUSPENSION OF SERVICES
12.1 AdsBeen reserves the right to suspend performance of all services, and to suspend any Authorised User’s access to their Account at any time, if:
12.1.1 AdsBeen in its absolute discretion considers that AdsBeen’s brand, operations (including its website, digital properties, blogs or social media sites or membership) or business (including that of its Customers, partners or affiliates) may be adversely affected or harmed as a result of the Customer or Authorised User’s continued access; or
12.1.2 the End User is in material breach of this Agreement.
13. COMMUNICATION BETWEEN US
13.1 If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail at [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail.
13.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provided when you signed up to use the Platform.
14. FORCE MAJEURE
The Parties will not be liable for failures or delays in performing their obligations hereunder arising from any cause beyond their reasonable control, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, changes of governmental policy on foreign ownership or any other governmental restrictions, wars, terrorist acts, riots, earthquakes, storms, typhoons, tsunamis, volcanic eruptions, floods and breakdowns in electronic and computer information and communications systems and in the event of any such delay, the time for the Parties’ performance will be extended for a period equal to the time lost by reason of the delay which will be remedied with all due despatch in the circumstances.
15.1 “Confidential Information” means any information which is proprietary and confidential to either Party and acquired pursuant to the matters contemplated in this Agreement including but not limited to the Agreement itself, information concerning or relating in any way whatsoever to distributorship, franchise or other arrangements, principals, any of the trade secrets or confidential operations, processes or inventions carried on or used by any party, any information concerning the organisation, business opportunities, operational concepts, strategic plans, marketing plans and/or concepts, software, finances, transactions or affairs of any party, dealings of any party, secret or confidential information which relates to a party’s business or any of its employees, principals, clients or customers’ transactions or affairs, employment and employee data, any party’s documentation, manuals, budgets, financial statements or information, accounts, dealers’ lists, customer lists, marketing studies, drawings, notes, memoranda and the information contained therein, any information therein in respect of trade secrets, intellectual property or other information relating to the development, marketing, sale or supply or proposed marketing, sale or supply of any Platform or services by any party, and plans for the development or marketing of such Platform or services and information and material which is either marked confidential or is by its nature intended to be exclusively for the knowledge of the recipient alone.
15.2 Each of the Parties agrees that it will not, without the prior written consent of the other Parties, use or disclose to any person Confidential Information (unless permitted by the terms of this Agreement) and will use commercially reasonable best efforts to prevent the use or disclosure of Confidential Information.
15.3 The confidentiality obligations do not apply to any information which:
15.3.1 becomes generally known to the public, other than by reason of any wilful or negligent act or omission of such party or any of their respective Representatives;
15.3.2 is required to be disclosed pursuant to any applicable laws or to any competent governmental or statutory authority or pursuant to rules or regulations of any relevant regulatory, administrative or supervisory body (including, without limitation, any relevant stock exchange or securities council); and
15.3.3 is required to be disclosed pursuant to any legal process issued by any court or tribunal.
15.4 In the event that any disclosure of Confidential Information is required pursuant to sub-clauses 15.3.2 or 15.3.3, the party making the disclosure will, to the extent permitted by law, promptly inform the other Parties of such required disclosure, consult with the other Parties in advance as to the form, content and timing of such disclosure, and reasonably cooperate with such other Parties to afford such other Parties opportunity to resist disclosure or obtain a protective order or similar relief to limit the disclosure of such Confidential Information.
15.5 The End User acknowledges and agrees that AdsBeen will be entitled to use and disseminate the Confidential Information in such manner as AdsBeen deems appropriate in order to operate the Platform, including use of blockchain technology and the sharing of Confidential Information with hosts, nodes, and other elements comprised within the applicable blockchain.
16. DATA PROTECTION
16.2 AdsBeen may collect the End User’s personal information to enable the End User to receive the benefit of this Agreement, and the benefit of the AdsBeen Platform. The End User consents to the use of their personal information for the following purposes:
16.2.1 to carry out our obligations and to provide you with the Platform;
16.2.2 to establish, maintain and administer your Accounts;
16.2.3 to satisfy the terms and conditions of this Agreement;
16.2.4 to send you notices about Platform;
16.2.5 to create or distribute promotional or marketing material that is relevant to you, your organisation, or your employees (as the case may be); and
16.2.6 for quality assurance and training purposes;
16.2.7 to promote and market ourselves, our services and/or Platform and our websites (including any social media pages maintained or operated by us such as Facebook, Instagram, Snapchat, Twitter, YouTube); and
16.2.8 any other uses identified to the End User at the time of collecting their personal information or as reasonably contemplated by this Agreement, or as reasonably contemplated for the provision of the Platform, (together the “Purposes”).
16.3 AdsBeen may disclose the End User’s personal information to other entities or individuals for the Purposes including but not limited to:
16.3.1 our employees, trusted third parties and other people AdsBeen may engage to provide services to you, who will be under similar data protection obligations;
16.3.2 any related entity of AdsBeen;
16.3.3 prospective sellers or buyers of AdsBeen’s business or assets;
16.3.4 any applicable or relevant regulator or third party for the purpose of legislative or contractual compliance and/or reporting or when AdsBeen believes in good faith that disclosure is reasonably necessary to protect the AdsBeen’s property or rights, those of third parties or the public at large; or
16.3.5 other entities or individuals, provided the End User has given their consent.
16.4 AdsBeen will use all reasonable endeavours to ensure that personal information is treated securely and to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. Although AdsBeen aims to create a safe, secure environment by trying to limit access of the platform to legitimate users, AdsBeen cannot guarantee that unauthorised parties will not gain access. To the extent permitted by applicable law, AdsBeen expressly excludes any liability arising from any unauthorized access to Data. You must contact AdsBeen immediately if you become aware of any unauthorised use of your account by anyone else or any other breach of security.
16.5 Each End User may review, edit, correct or delete any personal information they submit to us, on written request and AdsBeen will use reasonable efforts to honour such requests in a timely manner. All such requests should be sent to [email protected]
17. CUSTOMER’S WARRANTIES
17.1 You covenant, represent and warrant that you are able to provide the full informed consent from you (and where applicable of your employer, employees, or other entities that you represent) for our collection, use and disclosure of their personal data that you provide to us on our platform.
17.2 You covenant, represent and warrant that –if applicable - you have notified your employees and representatives of the Purposes (as defined in clause 16.2) of our collection, use, and disclosure of their personal information that you provide to us on our platform. You and your organisation, covenant, represent and warrant that you will use all reasonable endeavours to ensure that the data AdsBeen holds about the Customer and your employees is accurate, complete, and up-to-date. The Customer must advise AdsBeen of any changes to your employee’s data at the earliest opportunity.
18. USER’S CONSENT
18.1 By creating an account on the Platform, you consent to the collection of your personal data in the following ways:
18.1.1 when you visit and interact with the Platform;
18.1.2 when you sign up for a user account;
18.1.3 when you contact us via our platform or sign up for our newsletter/mailing list;
18.1.4 when you engage in transactions with us;
18.1.5 through cookies and other technologies that allow us to give you a better experience on our platform; and
18.1.6 when you or a third party contacts us independently of our platform, such as by email, phone or in person.
18.2 In each case, we aim to collect such personal information only insofar as is necessary or appropriate to fulfil the purpose of your interaction with us. We do not disclose personal information other than as described below.
18.3 You may refuse to supply personal information, however this may prevent you from engaging in certain activities on our platform and we may not be able to provide our Platform or assistance to you or on your behalf.
18.6 You hereby irrevocably grant a worldwide, perpetual, royalty-free license to us, our successors and assigns the right to use your name, image, likeness, and biography on the Platform, whether on member-only web pages or on publicly-accessible pages, including the Platform’s home page.
19. OTHER IMPORTANT TERMS
19.1 AdsBeen is an independent service provider. Nothing in this Agreement is intended to create a partnership, joint venture, agency or employment relationship in respect of any party.
19.2 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or obligations under this Agreement.
19.3 You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
19.4 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.5 Any words following the terms ‘including’, ‘include’, ‘in particular’ or ‘for example’ or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
19.6 Each of the terms and conditions of this Agreement operates separately. If any court or competent authority decides that any of the terms or conditions is unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
19.7 Please note that this Agreement, its subject matter and its formation, are governed by the laws of the Emirate of Dubai. You and we both agree that the courts of Dubai will have non-exclusive jurisdiction.
19.8 To the extent permitted by law, this Agreement excludes all class-action suits, claims and proceedings.