OVERVIEW
AnyDigital Platform (“ADP”) is a business and marketing Intelligence tool for advertisers that enables real-time monitoring and reviewing of campaign performance data on various metrics, consolidating data from third-party platforms (“Service”) operated by AnyMind Group Pte. Ltd. and its subsidiaries (“AnyMind”, We, we”) which enable brands, clients of AnyMind (hereinafter referred to as “Client, You, you”) to monitor and review campaign performance data on various metrics, consolidate data from third-party platforms.
AnyMind has made every attempt to ensure the reliability and accuracy of information provided on this but as such, this information is provided without warranty of any kind. AnyMind does not and will not accept liability or responsibility of any manner for the completeness, accuracy, content, legality, or reliability for the information on the Service.
The Service as well as all information, products, content, and other services included are made available to you on an "as is" basis, unless specified in writing. You agree that you use Service at your sole risk.
By visiting our site and/or requesting something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to you and all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using ADP. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The Client shall accept these Terms in the following events by:
(1) accepting by clicking accept to this Terms of Services, and thereafter, using ADP
((2) subsequently executing a Proposal Request that will further detail specifics of the agreement on a case by case basis.
By using ADP, Client represents and warrants that Client has the right, authority, and capacity to enter into the Terms.
Any new features or tools which are added to ADP shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to ADP following the posting of any changes constitutes acceptance of those changes.
ARTICLE 1. SERVICE
Client agrees and acknowledges that AnyMind only provides access to ADP and its management services through Service to the Client. Any specific price, duration, detail of the products and/or agreement shall be agreed between AnyMind and Client under specified Sale Order.
ARTICLE 2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your request may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
ARTICLE 3. DEFINITIONS
Client, You, you means The legal or natural person(s), or entity that is using Service covered in ADP.
ADP means an online platform owned by AnyMind which enables real-time monitoring and reviewing of campaign performance data on various metrics, consolidating data from third-party platforms
Sale Order means the quotation for the Service which may contain the estimated types, amounts, fees, timeframes of the Service provided by AnyMind for your consideration and acceptance.
ARTICLE 4. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 5. INTELLECTUAL PROPERTY/TRADEMARK PROTECTION
Intellectual property rights, including trademarks. (if any) in products, services, or contents made available to you on or through ADP remain the property of us and are protected by copyright laws and treaties around the world. All such rights are reserved by us. You may store, print, and display the contents supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the contents or copies of the contents supplied to you or which appears on this Website nor may you use any such contents in connection with any business or commercial enterprise.
Any intellectual property rights, including trademarks. (if any) in products, designs, contents provided by you shall belong to you and/or respective owners.
All other names, logos, product and service names, designs and slogans on ADP are the trademarks of their respective owners.
ARTICLE 6. FEES AND PAYMENT TERMS
The fees and payments term shall be agreed by you and AnyMind and in accordance with the Sale Order and/or an agreement on a case by case basis.
ARTICLE 7. ANYMIND RIGHTS AND RESPONSIBLITIES
7.1 AnyMind reserves the right to provide access, withdraw or amend the access to ADP, and any Service or material that AnyMind provides on ADP, at its sole discretion, and without notice. AnyMind will not be liable if for any reason all or any part of ADP is unavailable at any time or for any period. From time to time, AnyMind may restrict access to some parts of the ADP, or the entire ADP.
7.2 AnyMind will provide the Sale Order which shall include the following but not limited to, the scope of service as agreed by Client and AnyMind. The detailed statement of work to be performed by AnyMind, the fees and payment terms associated with such statement of work, and/or any additional conditions shall be agreed in the Sale Order or agreement between Client and AnyMind.
7.3 In cases where Client signed a Sale Order or agreement, AnyMind will provide the Service as agreed with Client within the timeframe specified under Sale Order or agreement unless otherwise agreed differently with Client.
7.4 Any requests for additional Services or reports may incur additional costs to Client.
7.5 At its sole discretion, AnyMind reserves the right to:
- Remove or refuse any Client content for any or no reason;
- Disable any user name, password or other identifiers, whether chosen by the Client or provided by AnyMind, at any time at its sole discretion for any or no reason, including if, in AnyMind’s opinion, the Client has violated any Terms;
- Take any action to temporarily/permanently suspend a Client member account of ADP without further notice if AnyMind believes that Client use of ADP violates all or part thereof of the Terms. AnyMind also reserves the right to claim for the damages (if any);
- Disclose the Client’s identity or other information about Client to the manufacturer or any third-party who claims that material project/product idea by Client violates their rights, including their intellectual property rights or their right to privacy;
- Take any action with respect to any Client’s Request that AnyMind deems necessary or appropriate, including if AnyMind believes that such Client action violates the Terms of Service, including the content standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal information of users of ADP or the public or could create liability for AnyMind;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of ADP; and
- Without limiting the foregoing, AnyMind has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity or other information of anyone posting any materials on or through ADP. Client waives and indemnifies AnyMind and its affiliates, licensees and service providers from any claims resulting from any action taken by the company/any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either AnyMind or such parties or law enforcement authorities.
7.6 AnyMind shall be entitled to receive the service fee as stated under the Sale Order accepted by the Client.
ARTICLE 8. CLIENT RESPONSIBLITIES
8.1 Client must provide certain registration details or other information as required by AnyMind to use certain features of ADP. Client certifies and guarantees that all information provided to AnyMind for the use of ADP is accurate, current, complete, and up to date.
8.2 Client shall make payments as per the Sale Order or agreement agreed by Client and Invoices placed by AnyMind.
8.3 The Client shall adhere to the conditions of using the ADP and Contents Standards and Prohibited Uses set out by AnyMind in Appendix A.
8.4 The Client shall ensure that all persons who have access to Client’s account on ADP and access either through the Client’s internet or any network connection are aware of the Terms and comply with them. The Client shall be wholly responsible for access to its own account. AnyMind shall not be held liable for any damages caused by or on the Client’s account.
8.5 The Client shall ensure that the request of service on ADP is reviewed and complies with all applicable laws and regulations.
8.6 The Client certifies and guarantees that the advertisement contents provided on ADP:
(i) do not violate any law or regulation, including but not limited to any law or regulation governing false or deceptive advertising, sweepstakes, gambling, file-sharing, or trade disparagement;
(ii) do not contain any misrepresentations or content that is defamatory or violates any rights of privacy or publicity;
(iii) do not contain any adult sexual content, pornographic content, any child pornography, or link(s) to such content;
(iv) do not contain or link to any malware, spyware or other malicious code;
(v) do not contain any link(s) to software piracy;
(vi) do not contain any link(s) to any form of illegal activity or services, drugs, drug paraphernalia, or any controlled substances;
(vii) do not contain any gratuitous displays of violence, self-harm, obscene or vulgar language, or abusive content, or content which endorses or threatens physical harm;
(viii) do not contain any content promoting any type of hate mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based, or personal);
(ix) do not and will not infringe any copyright, related right, moral right, database right, trademark, patent, trade secret, or other proprietary right; and
(x) comply with the Content Standard and Prohibited Uses as Appendix 1 attached which shall be an integral part of this Terms.
ARTICLE 9. CONFIDENTIAL INFORMATION
9.1 Client acknowledges that the member account is personal to Client and agrees not to provide any other person with access to ADP or portions of it using the Client’s user name, password or other security information.
9.2 Client also acknowledges that Client must treat all information gathered from AnyMind or ADP as confidential and Client must not disclose it to any other person or entity or third-party without the prior written consent from AnyMind.
9.3 Client agrees to notify AnyMind immediately of any unauthorized access to or use of its user name or password or any other breach of security. Client also agrees to ensure that Client shall exit or sign out from the member account at the end of each session. Client should use particular caution when accessing the member account from a public or shared computer so that others are not able to view or record the password or other personal information.
9.4 AnyMind shall not be liable for any loss or damage arising from the Client’s failure to comply with the above requirements.
9.5 AnyMind shall not be liable for any data privacy law violation arising from the Client’s failure to comply with the above requirements.
ARTICLE 10. INDEMNIFICATION
Client agrees to defend, indemnify and hold harmless AnyMind, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to the Client’s violation of Terms of Service or the Client’s use of ADP, including, but not limited to, the Client content, any use of Service other than as expressly authorized in the Terms or the Client’s use of any information obtained from ADP.
ARTICLE 11. EXCLUSION OF ANTI-SOCIAL FORCES
Client and AnyMind represent to each other that neither he/she/it/they nor his/her/its/their representatives, officers or other persons substantially involved in his/her/its/their management currently fall under an organized crime group, an organized crime group member, a quasi-member of an organized crime group, an enterprise associated with an organized crime group, a corporate racketeer (sokaiya), a social campaign advocate racketeer (shakai-undo-hyobo-goro), a political campaign racketeer (seiji-katsudo-hyobo-goro), an organized crime group with special intelligence, or a person having a close relationship with such entities or persons equivalent thereto, and affirm that he/she/it/they will not fall under any of the foregoing in the future.
If Client or AnyMind breaches the above representations, the other party may immediately cancel use of the Platform and Terms and Conditions relating to AnyDigital Service without warning.
ARTICLE 12. TERMINATION
AnyMind has the right to terminate or suspend the Client’s access to all or part of ADP for any or no reason, including without limitation, any violation of the Terms of Service.
Upon termination of the Terms, Client shall immediately pay AnyMind all amounts owed by Client to AnyMind within seven (7) days if any. AnyMind will not have any liability whatsoever to Client for any termination of the Terms, including for termination of the Client’s member account or deletion of the Client’s Request.
AnyMind reserves the right to modify or discontinue any or all of the services including returning the remaining value of the Credit with or without notice to Client.
ARTICLE 13. WAIVER AND SEVERABILITY
No omission or delay on AnyMind's part in exercising any or part of its rights under the Terms of Service shall operate as a waiver thereof.
If any provision of the Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
ARTICLE 14. FORCE MAJEURE
Except for payment obligations, neither Client nor AnyMind shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond either Client’s or AnyMind’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of god and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labour disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
ARTICLE 15. GOVERNING LAW AND JURISDICTION
15.1 Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of 3 arbitrator(s).
The language of the arbitration shall be English.
15.2 Parties should also include an applicable law clause. The following is recommended: This contract is governed by the laws of Singapore.
