TERMS AND CONDITIONS OF USE AND SERVICE

- These Terms were updated as of 2nd September 2022.

GENERAL

This website (www.3p-media.com) (the “Website”) is owned and operated by Roar 3P (Pvt) Ltd (PV 00257453) (hereinafter referred to as “us”, “we” or “our”) and our offices are at 11A Milepost Avenue, Colombo 3.

Please read the following terms and conditions of use and service (“Terms”) before using the Website or any services offered by us, including services provided by means other than through the Website such as, in person, over the phone, by e-mail or by any other means (the “Services”). These Terms form a binding contractual agreement between you, the user of the Website and the Services (hereinafter referred to as “you”), and us. By interacting with us you agree to be bound by these Terms. If you do not agree with these Terms, your sole recourse is to immediately cease using the Website and/or using the Services.

By interacting with us, you agree at all times, be in compliance with these Terms, our Privacy Policy and any other terms, policies or notices published on the Website. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms or, if you are interacting with us on behalf of a legal entity, you represent and warrant that you are authorised to act on behalf of the legal entity and to bind such legal entity to these Terms.

Terms may be updated from time to time, at our sole discretion. You are responsible for checking and complying with the applicable version of the Terms.

Our Privacy Policy will inform you as to how we look after your personal data when you interact with us and tell you about your privacy rights and how the law protects you.

USE OF THE WEBSITE

1. WEBSITE & CONTENT

Through the Website we provide general information on the nature of our Services. We have taken every care in the preparation of the content of this Website however, we do not warrant the accuracy, completeness, reliability or currency of any content.

We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to you in order to use the Website and screen out anything that may damage it.

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.

2. OWNERSHIP AND RESTRICTIONS ON USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times our property and is protected by Sri Lankan and international intellectual property laws. Any unauthorized use of any content or materials on this Website is strictly prohibited.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without express written permission by us.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

USE OF THE SERVICES

1. YOUR DEALINGS WITH US

We do not charge any fees to you for providing the Services. We partner with Google Inc. to facilitate your use of Google Ads and other related Google services (the “Google Services”). You can use our Services to gain insight on optimising and improving your Google Ad campaigns, obtain training, obtain information on new features and services offered as part of the Google Services etc. You understand and acknowledge that the Google Services are provided by Google Inc. and you will need to use its platforms and tools in order to execute your advertising campaigns. Your use of the Google Services may be subject to your compliance with Google Inc.’s Terms of Service (“Google’s Terms”). You are advised to read the Google Terms carefully.

We perform our Services during normal working hours: Mon-Fri from 9.00 to 17.00. We shall at our sole discretion, determine the scope of the Services we offer you.

If you use our Services, you provide consent to us to share the information you have provided to us with our partners, including Google. Additionally, you may be required to register and create an account with us and/or Google.

You hereby consent that any information you provide to us that you might consider confidential (“Confidential Information”) may be disclosed by us to (i) our affiliates and their respective personnel, in any case, whether located within or outside of Sri Lanka, (ii) third party providers, if the disclosure is necessary in the course of our dealings, and (iii) as may be required by law, regulation, or in connection with any judicial or administrative process. We will obtain your prior written approval for all other disclosures of Confidential Information.

2. RELIANCE ON INFORMATION

We have taken every care in providing our Services to you. However, you assume responsibility for determining the suitability decisions and strategies you make or implement in relation to campaign management and management of advertising actions. You must base your decisions upon all information reasonably available to you and your own assessment of risks and rewards.

Please understand that services offered by third parties or through third party websites and platforms are (even if recommended by us) independent from us and that we have no control over such third party services, websites and platforms and your use of them is entirely at your own risk. It is recommended that you familiarise yourself with the terms and conditions of use of any such third party services, websites and platforms, including Google's Terms.

Additionally, we have no ability to control, and are not responsible for, the privacy and data collection, use, and disclosure practices of third parties. A third party´s processing of your personal data is subject to the third party provider´s privacy practices, not ours, and you are encouraged to read the privacy statements of such third parties.

3. YOUR UNDERTAKING

In your dealings with us you may provide us with data, text, audio, video, images, or other content, and material you choose to disseminate through Google Ads (“Your Content”). You warrant that Your Content and dealings with us:

do not violate any law or regulation, including but not limited to any law or regulation governing false or deceptive advertising, file-sharing, or trade disparagement;

do not contain any misrepresentations or content that is defamatory or violates any rights of privacy or publicity;

do not contain any adult sexual content, pornographic content, any child pornography, or link(s) to such content;

do not contain or link to any malware, spyware or other malicious code;

do not contain any link(s) to software piracy;

do not contain any link(s) to any form of illegal activity or services, drugs, drug paraphernalia, or any controlled substances;

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;

do not contain any content promoting any type of hatemongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based, or personal);

do not and will not infringe any copyright, related right, moral right, database right, trademark, patent, trade secret, or other proprietary right; and

comply with Google's Terms, and any legislation or regulation that might apply to your dealings with us.

Sole responsibility for Your Content lies with you and we are not required to review Your Content for compliance with the Google Terms or applicable laws. Furthermore, you are responsible for carrying out all activities related to campaign management and management of advertising actions.

You shall be liable for any losses or damages arising from Your Content or actions, including any loss or damage which we may suffer as a result thereto. We shall have no liability for Your Content, your actions or any products, forms, formats, action or omissions of any other party, or any failure or delay by any other party in performing services, including that of Google.

4. INTELLECTUAL PROPERTY

By submitting Your Content to us, you grant us a licence to use Your Content in the course of our dealings and you represent and warrant to us that (a) you are the sole owner of, or have all necessary rights to use Your Content, inclusive of permissions and releases in relation to any persons, places or intellectual property pictured in any photographic content related to Your Content; (b) that our use of Your Content will not violate the rights of any third party, including, but not limited to copyrights; (c) that Your Content does not contain any confidential information; and (d) that you will defend and hold us harmless from any and all claims arising therefrom.

5. WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee the results that may be obtained from the use of our Services or Google’s Services.

You agree that we may cancel or cease to provide the Services offered at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The delivery of the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products or services procured using the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services, even if advised of their possibility.

MISCELLANEOUS

1. INDEMNITY

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

2. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

3. DENIAL OF SERVICE

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may deny you access to our Services (or any part thereof).

4. ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on our Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

5. JURISDICTION AND APPLICABLE LAW

The courts of the Democratic Socialist Republic of Sri Lanka will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website and Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka.