This page sets out Inkclick’s Advertisement Terms and Conditions (“Advertisement Terms”). These Advertisement Terms governs the creation, delivery and/or submission of any advertising content, on the Platform, by the advertiser or any third party (“You”). The advertiser or any third party can place an advertisement on the Platform through a request (“Request”). These Advertisement Terms are incorporated by reference into our General Terms and Conditions of Use (“Terms and Conditions”), i.e., the general terms that govern use of the Platform. Any terms used but not defined here will have the same meaning as assigned to them in the Terms and Conditions. These terms are in addition to the Terms and Conditions.

1. Terms of Request

1.1. The terms of Request will contain all or any of the following matters:

a. details of advertiser;
b. type of advertisement;
c. Advertisement plan;
d. Company information; and
e. any other term.

1.2. In case the Request is made on behalf of business or third party, you represent and warrant that you have the authority to do so and to bind the business or third party to the Advertisement Terms and the terms of the Request and your agreement to these Advertisement Terms will be treated as an agreement by them. In this event, Inkclick may hold you responsible for violations of the Advertisement Terms by that business or third party, and “you”, “your” and “party” will also refer and apply to that business or third party.

2. Review of the advertisement

2.1. Once a Request has been placed and before advertisements appear on the Platform, each advertisement will be subject to a content review and/or review on other grounds such as image, text, targeting and positioning by us. Generally, most advertisements are reviewed within 24 (twenty-four) hours, although in some instances, it might take a longer time.

2.2. After an advertisement has been reviewed, you will be intimated about whether your advertisement has been approved. If it's approved, we will start running your advertisement, and you will be able to see the details of clicks on your advertisement in your account. If the advertisement is rejected, you will have the option to edit your advertisement and resubmit the same.

2.3. The following content is prohibited to be displayed in any manner :

a. content which facilitates or promotes illegal products, services and activities as determined from time to time by the applicable laws including promotion of products, services or content that are inappropriate, illegal or unsafe, or that exploit, mislead or exert undue pressure on the minors;
b. content which discriminates or promotes discrimination based on personal attributes such as race, ethnicity, colour, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition;
c. inappropriate content which is hateful, shocking, sensational, vulgar, sexually suggestive, violent or which exploits controversial political or social issues for commercial purposes. In special circumstances, Inkclick may determine that an advertisement that was acceptable is no longer appropriate as we update our policies to reflect new laws or clarify our position;
d. content promoting sale or use of tobacco products including electronic cigarettes and vaporisers;
e. content promoting sale and consumption of alcoholic beverages;
f. content promoting purchase of prize chits and money circulation schemes;
g. content promoting sale or use of unsafe supplements  as determined by Inkclick, illegal, over-the-counter, prescription, recreational drugs or any drugs and medicines which claim to have magical remedies;
h. content promoting sale or use of weapons, ammunition or explosives including weapon modification accessories;
i. content must not promote sale and/or use of adult products and services and must not contain adult content including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative;
j. content must not infringe any third party claims including copyright, trademark, privacy, publicity or other personal or proprietary rights;
k. content which promotes fraudulent, deceptive or incorrect claims about products or services;
l. content must not promote any medical or legal services;
m. content must not promote sale of human body parts or fluids and contain images that contain unexpected or unlikely results and attempt to generate negative self-perception in order to promote diet, weight loss or other health-related products; and
n. any other matter as determined by Inkclick from time to time in its sole discretion or which is prohibited under the applicable laws.

2.4. The advertisement has to be appropriate for the Users of the Platform. The decision of Inkclick will be final in this regard.

2.5. In case an advertisement contains lead advertisement questions, such questions should not request for following information from the users - financial information, government issued identification, political affiliation, sexual orientation, religion, any kind of username and password. In such a case, the requisite consent has to be obtained after providing sufficient notice to the Users and all such activities will be in accordance to the Information Technology Act, 2002 and its rules and any other data protection laws as may be applicable from time to time. In addition, you must include a link to your privacy policy in each of such questionnaire.

3. Guidelines for Advertising
You will have to ensure the following with respect to the advertisements:

3.1. That the advertisements are truthful and honest representations. You will ensure that you do not submit any misleading advertisements.

3.2. That the advertisements are not offensive to generally accepted standards of public decency.

3.3. That advertisement of such products is not made, which are regarded as hazardous to society or to individuals to a degree or of a type and which is unacceptable to society at large.

3.4. That the advertisements observe fairness in competition and are in accordance with generally accepted competitive behavior in business.

3.5. That the advertisement is always in accordance with code of Advertising Standards Council of India.

4. Advertisement Plans

4.1. Inkclick reserves the right to change the terms of the  plans for the advertisement, any time at its sole discretion. Such revised terms will be intimated by way of updated terms or by way of pop-up.

4.2. We cannot control how clicks are generated on your ads. Inkclick is not responsible for click fraud, fraudulent leads, technological issues or other potentially invalid activity that may affect the running of advertisements.

5. Representations and warranties

5.1. You hereby warrant that:

a. your advertisement complies with all the applicable laws, regulations, guidelines and these Advertisement Terms;
b. you own or have necessary rights including intellectual property rights to your advertisements including the right to grant license and no third-party rights are being infringed; and
c. you will use reasonable measures to protect the confidentiality of any data obtained in connection with the advertisement and to use appropriate security safeguards to protect such data in accordance with industry standards and data protection laws.

5.2. You hereby represent that you will not either through yourself or through third party:

a. engage in illegal or fraudulent conduct;
b. except as expressly authorized by Inkclick in writing, use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Platform;
c. except as expressly authorized by Inkclick in writing, copy, modify or create derivative works of the advertisements or any related technology;
d. provide advertisements that assert or imply personal characteristics; or
e. provide advertisements that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the advertisement or any device or system or breach or circumvent any security measure of Inkclick or a third party.

6. Inkclick’s Rights

6.1. You grant to Inkclick and its affiliates a non-exclusive, non-transferable (except as provided herein), sublicensable, irrevocable, worldwide, royalty-free, license - to use, archive, copy, cache, encode, record, store, reproduce, distribute, transmit, broadcast, adapt, modify, publish, promote, exhibit, synchronize, communicate to the public, make available, publicly display, and publicly perform the advertisement as set forth in these Advertisement Terms.

6.2. Inkclick will determine the size, placement and positioning of the advertisement in its sole discretion.

6.3. We do not guarantee the reach or performance that your advertisement will receive, such as the number of people who will see your advertisements or the number of clicks your advertisements will get.

6.4. Scheduling of delivery is subject to availability and may not be continuous. However, once displayed, the advertisements become public information and may be accessed outside of the targeted audience. You agree that Inkclick will not be responsible for any claims or losses arising out of any such third party processing such user-generated content.

6.5. You consent that Inkclick may disclose your advertising content, and all information associated with your advertising, to a governmental entity or body if it is required under applicable law.

6.6. Inkclick does not use sensitive personal data for advertisement targeting. The information used to target the advertisement is not reflective of the personal beliefs, religious or philosophical affiliation/beliefs, characteristics or values of the User. 

6.7. You are prohibited from disclosing any information about Inkclick’s user demographic, metrics or beta features.

6.8. You will comply with all privacy laws. In this regard, you will not use tracking cookies for identifying, targeting or tracking Users across sites, without consent and complete disclosure to the User.

7. Termination

7.1. Any breach of these Advertisement Terms, Terms and Conditions or Privacy Policy may amount to termination of your account and cancellation of the advertisement by the platform.

7.2. A Request can be terminated by giving a 14 (fourteen) days prior written notice by either party provided that you will be liable for any advertisement displayed till the effective date of termination of the advertisement.

8. Miscellaneous

8.1. All other matters not expressly covered in these Advertisement Terms will be governed by the Terms and Conditions.