Advertising Terms and Conditions

These Terms and Conditions (herein known as "Terms of Advertising") set out the basis upon which Pointintime Private Limited (herein also known as Pointintime), "Pointintime" (company registration 200902997E) whose registered office is at 41B North Canal Road, Singapore 059297 ("Pointintime") is prepared to enter into an agreement with you (herein known as the "Advertiser") and provide advertising services by placing the Advertiser's advertisements on the website (herein known as the "Website") / (the "Advertising Services").

Pointintime makes no guarantee whatsoever regarding the results of any advertisements placed with Pointintime and Advertiser is solely responsible for the contents and all the information provided in Advertiser’s advertisements, which include, but is not limited to; Advertiser’s target customer(s), advertisement content, and URLs or websites, products and/or services that Advertiser is advertising. Advertiser shall be solely liable for any or all claims and/or liabilities that might arise out of Advertiser’s advertisement(s) placed with Pointintime and to further indemnify Pointintime against all claims and liabilities arising out of Advertiser’s advertisement(s).

Advertising and Renewals

All advertisement(s) submitted by Advertisers to Pointintime for Advertising Services shall be subject to:

  • Acceptance by Pointintime at its sole discretion by providing the Advertising Services in accordance with these Terms of Advertising; and
  • Pointintime reserves the right to amend, update, or otherwise change these Terms of Advertising by publishing a revised set of Terms of Advertising on the Website periodically as Pointintime deems fit. The Advertiser confirms that it shall monitor the Website prior to submitting any Advertisement so as to confirm the revised current version of these Terms of Advertising and agrees to abide by the revised Terms of Advertising. The submission of an Advertisement to Pointintime shall be deemed acceptance of these Terms of Advertising published on the Website at the time of submission.
  • In no circumstances does the placing of an Advertisement confer the right to renew the Advertisement on similar terms.
  • Advertisement positions are offered on a non-exclusive basis.
  • Advertisement positions may be subjected to availability upon confirmation.
  • Banner sizes and positions are subject to change at the publisher's discretion without prior notice to the advertiser.

Advertising Services

The Advertiser understands and agrees that Pointintime shall not be prevented from making the Website available for advertising by third party advertisers who may be competitors of the Advertiser. The Advertiser shall not resell, assign or transfer any of its rights to a third party, to receive the Advertising Services under the Agreement. All advertising space confirmed and paid for by Advertiser is non-transferable and fees non-refundable.

Advertiser's Obligations

The Advertiser represents, warrants and undertakes that it shall procure that:

  • Advertiser will, and Advertiser’s Advertisements will comply with all applicable laws and regulations in Singapore, including without limitation, the Singapore Code of Advertising Practice as maintained from time to time by the Advertising Standards Agency or its successor organisation in Singapore;
  • It has the right to publish all of the contents of the Advertisements and to grant Pointintime the rights to publish the Advertisements and the Advertisements submitted to Pointintime will not infringe any third party rights (including, without limitation, intellectual property rights and rights granted under applicable privacy laws);
  • All Advertisements submitted to Pointintime will not contain any abusive, harmful, defamatory, obscene, false or misleading or otherwise unlawful content;
  • The Advertiser shall indemnify Pointintime on demand, from and against all threats, claims, demands, actions, liens or other proceedings made or brought against Pointintime as a result of Advertisers’ Advertisement(s) and shall further indemnify Pointintime against all losses, damages, liens, costs, expenses (including legal and professional services costs) and other liabilities incurred by Pointintime arising out of any claims; or in connection with (i) any breach by the Advertiser of these Terms of Advertising; or (ii) Pointintime hosting the Advertisements and providing the Advertising Services to the Advertiser in accordance with these Terms of Advertising. All such costs incurred shall be fully borne by the Advertiser

Right To Withdraw Or Refuse Advertisements

The Advertiser acknowledges that Pointintime does not undertake to review the contents of all Advertisements and to the extent that Pointintime reviews and publishes any such Advertisements, Pointintime shall not be deemed to have accepted the Advertisements as being in compliance with these Terms of Advertising.

Pointintime reserves the right, at its absolute discretion and without explanation, to refuse, amend, withdraw, or otherwise deal with all Advertisements submitted to it.

Advertising Rates and Payment

Unless otherwise agreed between the parties, the Advertiser shall pay the Fees (known as the “Fees”, “Rates”) in respect of the Advertising Services (the "Fees") based on Pointintime 's published rate at the time where Advertisement is submitted.

Payment shall only be effective when Pointintime is receipt of cleared funds. The Advertiser shall make all payments without deduction, set-off or counterclaim.

All fees shall be exclusive of any and all charges imposed by a government or other third party, including but not limited to any sales taxes, value added taxes and any import or export fees or charges which shall be payable by the Advertiser in addition to the Fees.

Pointintime reserves the right to change the Advertising Rates at anytime and the Advertiser confirms that it shall monitor the Website or contact Pointintime Pte Ltd prior to submitting any Advertisement to confirm the then current Advertising Rates. The submission of an Advertisement to Pointintime shall be deemed acceptance of the Advertising Fees published on the Website at the time of submission.

I, the Advertiser, agrees to pay all Fees as specified for the advertisement, together with any applicable taxes, by providing a valid credit card or other means authorized in writing by Pointintime. All payments will be made in Singapore Dollars.

To the extent that I, the Advertiser, have provided a credit card, I, the Advertiser, authorize Pointintime to charge to my credit card for any and all Fees [amounts] due, being the cost of placing the Advertisement.

Pointintime may charge such amounts at the time the advertisement is placed or at any time thereafter.

I, the Advertiser, am responsible for maintaining the security of my account (including my user name and password), and understand I, the Advertiser, will be charged for any advertisement(s) placed by or through my account, even if such orders were not authorized by me, the Advertiser.

Pointintime will not be liable for any loss or damage arising from my, the Advertiser’s failure to maintain the security or confidentiality of Advertiser’s account.

Refunds (if any) are at the discretion of Pointintime.

Termination and Suspension

Without prejudice to its other rights and remedies, Pointintime shall be entitled to terminate the Advertisement, if the Advertiser commits any material breach (including without limitation, payment of the Fees) which (if capable of remedy) is not remedied within fourteen (14) days of a notice issued by Pointintime requiring the Advertiser to remedy the breach.

Cancellation and Termination of Account.

Pointintime reserves the rights to reject or cancel any advertisement placed, reject or remove any advertisements, and/or terminate my/ the Advertiser’s account, at its sole discretion, without assigning any reason. Without limiting the foregoing, Pointintime may terminate in appropriate circumstances advertisers who infringe intellectual property rights. Pointintime do not accept any cancellation of advertisement(s) placed.

Disclosure of Information

I, the Advertiser, acknowledge and agree that any credit card and related billing information that is provided to Pointintime may be shared by Pointintime with Pointintime’s service providers (including payment processors and credit agencies) solely for the purposes of checking credit, effecting payment to Pointintime and servicing my/Advertiser’s account. I further agree that Pointintime may provide information in response to valid legal process, search warrants or court orders, or to establish or exercise its legal rights or defend against legal claims. Pointintime will not be liable for any use or disclosure of such information by such third parties.

Authority to Enter into this Agreement

The person or individual, who placed an advertisement with Pointintime, represents and warrants that he or she is either (1) acting on behalf of himself or herself, and will be personally bound by these Terms of Advertising, or (2) acting as an agent or authorized representative of his or her principal (including any entity he or she represents); and has full authority to bind that principal to these Terms as if that principal were named in this Agreement, in place of that individual.

He or she further agrees that if it is found that he or she did not have authority to bind that principal, he or she will be personally responsible for the obligations as spelt out in these Terms of Advertisement; and any other liabilities and /or claims arising for the advertisement so placed; including, without limitation, the payment of all Fees and charges.

Modification of Terms

I, the Advertiser agree and acknowledge that Pointintime may modify these terms, the Advertising Terms & Conditions and/or any of the other Pointintime policies at any time, and that posting the modifications on the Pointintime website will constitute sufficient notice of such modifications. I, the Advertiser, acknowledge and agree that any such modification will apply to advertisements that are running at the time of any modification and after the date such modification is posted. I further agree that I am obligated to check for any such modifications, and that the placing of advertisement or continued use of any Pointintime Advertising Services after Pointintime posting of any modifications constitutes acceptance of the modifications.

Limitations of Liability

Except as set out in this Agreement, all warranties, terms and conditions whether implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.

The provisions in this Agreement limiting or excluding liability do not apply to:

  • death or personal injury resulting from negligence;
  • breach of the obligations arising from Section 12 of the Sale of Goods Act 1979; or
  • fraud or deceit.
  • Pointintime will not be liable in contract, tort (including negligence) or otherwise for:
  • loss of profits, business, opportunity, reputation or anticipated savings, whether such losses are direct or indirect; or
  • any indirect losses including but not limited to losses as above [which arise indirectly], however such direct or indirect losses may arise and even if Pointintime or any of its affiliates have been advised of the possibility of such direct or indirect losses.

The aggregate amount of Pointintime' and its affiliates' liability which may arise out of, or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise, will in respect of all incidents or series of incidents occurring in any one calendar year, be limited to an amount equal to the Fees paid by Advertiser Client under the Agreement in the calendar year in which that liability has arisen.

Pointintime will not be liable for any loss or damage, howsoever; arising out of, or in connection with the publication by Pointintime of the Advertisement (including the Advertisement’s content, or in connection with any errors, omissions or other changes made in relation to the Advertisement) or Pointintime's failure to publish the Advertisement.

Date Updated: 20th June 2009


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