Terms & Advertiser Agreement

These are the LeadsEngine Ltd (platform) terms and conditions of use. These are the terms and conditions (Terms) which govern your use of the website platform or any of the “LeadsEngine Ltd” branded micro sites (Site). These Terms apply regardless of whatever user device you are using and any other technology whether now known or developed in the future. 

 

You will be deemed to have agreed to be bound by these Terms when you use, access or browse the platform, register your details with us or subscribe for email or online services or send us an email.

 

For the purposes of these Terms: “Content” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Platform from time to time (including, anything made available for download); “including” and its derivations mean “including, without limitation”; “material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images; and “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the Platform.

 

We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Platform. Your continued use of the Platform after posting will be deemed acceptance of the changes.

We are operated by or on behalf of LeadsEngine Ltd(“we” or “our”) located at 483 Green Lanes, London, N13 4BS, United Kingdom.

Access to our services and to some areas of the Platform is restricted to users and companies who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person or company when registering for use of the Platform and our email services. If you have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. We may refuse or remove or suspend your registration at any time.

We are the owner or the licensee of all intellectual property rights of the Platform, the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Platform (including the Content and Trade Marks).

You may use the Platform only for the business to business services we provide. You may only download and print extracts of the Content where we have provided download access and use.

You may not:

(1) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create an unapproved or illegal database in electronic or paper form comprising all or part of the Content from the Platform; nor
(2) reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor
(3) modify or adapt or create derivative works of the Content; nor
(4) utilise links to this website received as part of a paid-for media monitoring service; nor
(5) systematically forward links to this website within a business or outside a business for business purposes; nor
(6) copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.

Any such use of this website or the content is prohibited without an appropriate licence. 

At all times when you are accessing, browsing or using or registering for use of the Platform, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Platform. In particular, you must not use the Platform in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property right).

At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Platform. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Platform. To the fullest extent permitted by law no one from LeadsEngine Ltd, including its partners, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Platform, email services or password.

We accept no liability for any content submitted by you or other users and third parties. We do not vet or pre-screen any material that you or other users and third parties have submitted to the Platform, however we reserve the right to remove, at any time and without reason or prior notice or any liability any material submitted by you or other users and third parties.

The Site may contain hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk.

All information and/or data on the Platform is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Platform or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.

Neither LeadsEngine Ltd nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Platform or that the Platform and/or our operation of it, the Content or the server that makes the Platform available are error or virus free or free of other harmful components or that your use of the Platform and/or the Content will be uninterrupted.

You agree that LeadsEngine Ltd its partners, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:

(1) interruption of business; or
(2) access or other delays, terminations, suspensions, denials or access interruptions to the Platform; or
(3) data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
(4) third party website links on the Platform; or
(5) reliance on the information contained on the Platform; or
(6) computer viruses, system failures or malfunctions which may occur in connection with your use of the Platform; or
(7) any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
(8) events beyond our reasonable control.

Notwithstanding any provision of these Terms, LeadsEngine Ltd does not exclude or limit its liability for:

(1) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
(2) fraudulent misrepresentation; or
(3) any liability which it is not lawful to exclude either now or in the future.

Indemnity
You will indemnify and will keep indemnified LeadsEngine Ltd and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:

(1) any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.

Any contractual or legal relationship between you and LeadsEngine Ltd will be concluded in English. All notices shall be given by e-mail to us via the contact page or, to you at either the e-mail or postal address you provide during the registration process (if any). Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.

These Terms (together with any variations to them pursuant to section 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the Platform and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Platform.

The licence granted personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.

Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.

 

No waiver by LeadsEngine Ltd of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and LeadsEngine Ltd shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

 

The rights and remedies of LeadsEngine Ltd under these Terms are independent, cumulative and without prejudice to its rights under the law.

ADVERTISER AGREEMENT

The Advertiser acknowledges that they fully understand the lead generation process for the campaign type(s) submitted on the platform. Upon approval and acceptance of an advertising campaign by LeadsEngine Ltd from the Advertiser, the advertiser enters into an agreement with LeadsEngine Ltd under the following terms:

Advertisers: Advertising on the platform is only permissable to legitimate registered businesses. Applicants are required to provide valid up to date business information during the sign up process. New accounts are checked for authenticity and accounts deemed invalid will be terminated. 

Agencies: Advertising agencies are responsible for payment of all advertising ordered on behalf of their clients. All Advertisements are accepted for publication entirely upon the representation that the agency and the advertiser are properly authorized to publish the entire contents and subject matter thereof. Agencies are permitted to use alternative payment methods approved by LeadsEngine Ltd with prior approval.

Agreement: LeadsEngine Ltd will not be bound by any conditions, printed or otherwise, appearing on any other order form, contract or other written document, or expressed orally. Orders for advertisements are accepted only on the terms and conditions stated within this page. These terms constitute the entire and only advertising agreement with LeadsEngine Ltd and other parties, and supersedes any previous or oral written agreements on the subject hereof.

Billing: LeadsEngine Ltd purchase media placements through the following pricing models CPM (Cost per mile) through the Facebook Advertising API. Advertisers are billled by LeadsEngine Ltd at a Cost Per Mile (CPM) or Cost Per Lead (CPL)  rate, unless otherwise agreed. 

Account funding: LeadsEngine Ltd accept card payments on the platform unless otherwise arranged. Card details are never stored on our servers. The credit card processor is paypal.com.

Content: Advertiser understands that upon submission of an advertising campaign on the platform, an obligation exists to provide LeadsEngine Ltdwith applicable content and creatives to serve the contracted campaign. LeadsEngine Ltd s not responsible for errors or omissions in any advertising materials provided by LeadsEngine Ltd or the advertiser or its agency. Any edits, changes, of advertising requested of LeadsEngine Ltd by the Advertiser, must be in writing. LeadsEngine Ltd reserves the right at any time and for any reason to decline and/or retract any advertisement it deems inappropriate. LeadsEngine Ltd will not be held liable for taking such action, and the advertiser will be refunded according to the refund terms.

If you submit materials to us, you agree:

(1) that we have permission to: use, copy, distribute, publish, republish, store, archive, syndicate, transmit, adapt, edit, perform, in relation to such material in any manner and in any format and/or media;
(2) to any moral rights in the material submitted;
(3) that we may disclose your identity to any third party making any claim or assertion of any kind in relation to your material

In submitting material to us, you warrant that any material you submit:

(4) is your own original work and that you own the copyright and any other relevant rights;
(5) is not obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code, and you shall indemnify us and keep us fully indemnified against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.

Upon approval of any submitted content it is agreed that LeadsEngine Ltdwill advertise only the content approved by LeadsEngine Ltd and the advertiser unless otherwise requested by the Advertiser prior.

Campaign period: LeadsEngine Ltd shall advertise and promote Advertisers approved content and campaigns from the agreed start date(s) for lead generation results. Advertiser agrees that LeadsEngine Ltd do not guarantee results or leads within any specified period. Advertiser acknowledges that a campaigns performance is subject to various factors outside the control of LeadsEngine Ltd and that LeadsEngine Ltd and the Advertiser both reserve the right to terminate/ pause/ suspend any campaign that under performs or fails to reach satisfactory objective levels at any time from the campaigns start date.

Data exclusivity: Advertiser will have exclusivity and on all data generated on campaigns.

Support: LeadsEngine Ltd provide all Advertisers support through different recorded channels:

1) Recorded Live Chat, 2) Recorded Support Tickets

Advertisers will have access to an account manager during office hours Monday to Thursday 10am - 6pm and Fridays 10am-5pm GMT (London). Advertisers are required to utilize support tickets within the platform on all topics relating to account and/or campaigns. 

Special Instructions: Advertisers with special requests for additional agreements above these terms are required submit these for approval to an authorised representative at LeadsEngine Ltd. We reserve the right at our sole discretion to decline acceptance any requests outside of this agreement.

It is understood that, in consideration of the publication of advertising, the advertiser or agency will each fully hold harmless and fully indemnify LeadsEngine Ltd from and against any and all claims, demands, suits, actions, proceedings recoveries or expenses of any nature whatsoever. This will include reasonable fees of counsel selected by LeadsEngine Ltd, arising directly or indirectly from the publication of any advertisement (including, but not limited to, claims of infringement of copyright or trademark or claims of libel or invasion of privacy) or based upon or arising out of any matter or thing contained in any advertisement.