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Legal · Terms

Terms and Conditions.

The rules of engagement for using easyonlineads.com and for any digital marketing services delivered by Easy Online Ads.

Provider: 4th Wave Marketing Limited, trading as Easy Online Ads
Represented by: Robert Zach
Registered office: Hong Kong S.A.R.
Governing law: Hong Kong
Plain summary

These terms describe how Easy Online Ads supplies Digital Marketing Services through our website. They cover how the contract is formed, how changes and refunds work, what we're liable for, and which laws govern the relationship. The signed engagement agreement always overrides these terms where they conflict.

These terms

  1. These are the terms and conditions on which we supply Digital Marketing Services ("Products") to you through our website (our "Platform").
  2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms or require any changes, please contact us to discuss.
  3. By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.

Information about us and how to contact us

  1. We are 4th Wave Marketing Limited, a company registered in Hong Kong, trading as Easy Online Ads. Our company registration number is 2577229 and our registered office is at Room 1603, 16/F, 367–375 Queen's Road Central, Sheung Wan, Hong Kong S.A.R.
  2. For any questions or problems relating to our Platform, our Products or these terms, you can contact us by telephoning our customer service team at +852 9402 8157 or email us at support@easyonlineads.com.
  3. We are the data controller in relation to our Platform and are responsible for your personal data. Please refer to clause 13 and our privacy policy at easyonlineads.com/datenschutz for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time.
  4. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
  5. When we use the words "writing" or "written" in these terms, this includes emails.

Third party services

The Platform may include links to other websites, applications, and platforms ("Linked Websites"). We do not control the Linked Websites and are not responsible for the content and other material provided on them. We provide these links to you to deliver our Products. Some of the Linked Websites are mentioned in our privacy policy.

We are not responsible for any issues or loss arising from the use of any Linked Websites. Your access and use of a Linked Website is governed by the terms of service or user agreements of that software.

Our contract with you

  1. You may place orders with us as instructed on our Platform. Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us.
  2. If we are unable to accept your order, we will let you know in writing and will not charge you for the Product ordered or provide you with a refund. This might be because:
    1. the Product ordered is out of stock;
    2. there are unexpected limits on our resources which we could not reasonably plan for.

Your rights to make changes

If you wish to make a change to the Product you have ordered, please contact us. We have full discretion whether or not to accept the changes. We will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead. If we cannot make the change, or the consequences are unacceptable to you, you may want to end the contract (see clause 8).

Changes to our Product or these terms

  1. We may make minor changes to the Product from time to time in order to:
    1. reflect changes in relevant laws and regulatory requirements; and
    2. implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
  2. If we make significant changes to these terms or the Product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

Providing the Products

  1. We will provide the Products at such time and location as agreed until the subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.
  2. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
  3. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products or the Onboarding and Campaign Intake Form on our Platform. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  4. We may have to suspend the supply of a Product to:
    1. deal with technical problems or make minor technical changes;
    2. update the Product to reflect changes in relevant laws and regulatory requirements; or
    3. make changes to the Product as requested by you or notified by us to you (see clause 6).
  5. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
  6. If you do not pay us for the Products when you are supposed to (see clause 11.4) and you still do not make payment within seven (7) days, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply.

Your rights to end the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

  1. If what you have bought is faulty or misdescribed you may have a right to end the contract, to get the Product re-performed, or to get some or all of your money back — see clause 10.
  2. If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any Products which have not been provided:
    1. we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 6);
    2. we have told you about an error in the price or description of the Product and you do not wish to proceed;
    3. there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
    4. we have suspended supply of the Products for technical reasons, or notified you we are going to, in each case for a period of more than seven (7) days.
  3. We offer you a goodwill guarantee under which you may change your mind within fourteen (14) days and receive a refund.
  4. The goodwill guarantee period begins on the day we email you to confirm your order.
  5. The goodwill guarantee is only applicable to first-time subscriptions. Continued use after the goodwill period has passed, or renewal of the subscription, does not entitle you to a refund.
  6. After the goodwill guarantee period for your first-time subscription has passed, no refunds are possible under any circumstances. Adjustments, promotions and upgrades to existing plans are non-refundable. This includes unused time. You are responsible for using the service after payment.
  7. To end the contract with us, please use the cancellation function on our Platform, or email our customer services at support@easyonlineads.com.
  8. We will make any refunds due to you as soon as possible.

Our rights to end the contract

  1. We may end the contract for a Product at any time by writing to you if:
    1. you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
    2. you are using the Products in a manner that would cause a real risk of harm or loss to us, other users, or the public;
    3. we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes;
    4. you break any intellectual property laws by providing us with creatives that you don't have a license for;
    5. you are involved in predatory or unethical business practices; or
    6. our provision of the Products to you is no longer possible or commercially viable.
  2. If we end the contract in the situations set out in clause 9 we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

Product defects

  1. We warrant that on delivery, the Products will be:
    1. provided in accordance with the specifications or requirements set out in our Platform or in our confirmation email; and
    2. performed with reasonable care, skill and ability in line with the common practices and standards in the relevant industry or trade.
  2. Any warranty given by us under this clause does not apply to any defect in the Products arising from us following any of your specifications or requests.
  3. If you become aware of any defect in all or part of the Products performed, you must give notice in writing to us as soon as practicable.
  4. Where the Products reported under clause 10 are found to be defective we will, at our option, re-perform the services or refund the price of such defective Products in full. We have no further liability to you for defective Products upon re-performance or refund.
  5. If you have any questions or complaints about any Product, please call customer services on +852 9402 8157 or email us at support@easyonlineads.com.

Price and payment

  1. The price of the Product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price advised to you is correct. However, see clause 11.2 for what happens if we discover an error.
  2. It is always possible that, despite our best efforts, some Products may be incorrectly priced. If the correct price at your order date is less than the price stated to you, we will charge the lower amount; if it is higher, we will contact you for your instructions before we accept your order.
  3. We accept Credit Card and SEPA payment.
  4. We will invoice you monthly for the Products at the start of the subscription period.
  5. If you think an invoice is wrong, please contact us promptly to let us know.

Limitation on liabilities

  1. Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
  2. To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors — collectively, "Our Entities") expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
    1. we provide the Platform and any products or services we offer on an "as is" and "as available" basis, and your access to or use of our Platform is at your own risk;
    2. we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide, except the ones mentioned in these terms;
    3. we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up to date;
    4. we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
    5. we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
    6. we are not responsible for the conduct of, or any content or information submitted or posted by, any user of the Platform (whether online or offline).
  3. To the fullest extent permitted by law, Our Entities are not liable to you or others for:
    1. any indirect, incidental, special, exemplary, consequential or punitive damages; or
    2. any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform or any products or services we offer.
  4. We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
  5. Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.

Use of personal information

When you register or otherwise use our Platform, you provide us with personal data which is collected and used in accordance with the terms of our privacy policy, accessible at easyonlineads.com/datenschutz. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

Entire agreement

  1. These terms constitute the entire agreement between us in relation to your purchase. They supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.
  2. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

Other important terms

  1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer, and we will refund any payments you have made in advance for Products not provided.
  2. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
  3. This contract is between you and us. Nobody else has any rights under this contract (except someone you pass your guarantee on to). No other person shall have any rights to enforce any of its terms.
  4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Indemnity

  1. You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from your breach of these terms, your use of our Products and/or any misrepresentation made by you.
  2. You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Products or these terms.

Languages

  1. In case of discrepancies between the English and German language versions of these terms, the English version shall prevail.

Governing law and dispute resolution

  1. These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
  2. All disputes, controversies, and claims arising out of or in relation to this Agreement (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules.
  3. The law of arbitration shall be Hong Kong law and the place of arbitration shall be Hong Kong.
  4. The arbitration proceedings shall be conducted in English.