Welcome to LeadFerry.com (hereinafter referred to as the "Website"). This domain name and website are owned and operated by LeadFerry Technologies, LLP (hereinafter referred to as "LLP" where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;), having its registered office at Vismayam, 13/218-1, Pattoor, Pettah P.O., Kerala 695024, India.
You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that you have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with any other policies on the website.
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
The Website/LLP holds the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its Services without voluntary acceptance following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The Website is an online platform offering web based software for marketing teams, used to automate marketing activities like distributing content to various networks, programmatically managing bids and budgets. The Website also provides analytical solutions to measure ROI (Return on Investment) by tracking and profiling any Third Party visiting the User’s website. Further, the Website provides content auditing solution which identifies all the webpages on the website and quantifies the quality of the content which helps the User’s understand which content performs better.
Our product also has features to connect with third party accounts owned by the User via APIs (application program interface). The Website would distribute the content to the selected channels/networks. The Website engages in programmatically changing the bids and budgets of the ads our Users have created on these third party websites, based on the conditions set by the user.
The Services offered by this website is available only to those above the age of 18 years. Barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian. The LLP reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of submission, You are solely responsible for protecting the confidentiality of Your information, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your requests.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
You may terminate Your use of the Service at any time by ceasing to use the Website. We may terminate these Terms and close Your account at any time without notice, if we cease to provide the Services. We may suspend or terminate Your use of and access to the Website at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against You that we consider appropriate.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The browsing of this Website is free of cost, however Users can either register for a free account or a paid account. The Services availed by the User from the Website have to be paid for accordingly for the requested Services. The User’s credit card shall be charged directly. Once the transaction is successfully complete, the Users’ shall receive an invoice via email.
We offer a standard 30 day free trial on paid plans. You are required to choose a plan that fits your requirements anytime before your free trial ends. If you choose a paid plan, You will need to provide Your credit card details at the payment page. If You do not choose a plan before Your trial period expire, You will be automatically downgraded to the free plan.
We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment
Based on the plan and billing terms chosen by the User, they will be charged until they decide to cancel the billing by visiting the billing page and cancelling it following the cancellation procedure. Cancellation of account can also be requested by contacting our support team at support@LeadFerry.com.
As a standard policy, We do not offer refunds. The Company may at its sole discretion, choose to offer prorated refunds. The User may also be subject to an early termination fee.
We reserve the right to amend the fee policy at any point on the Website for its Services. In the event of such change in policy, it would be effective from the first billing cycle that occurs after the notice. Subsequent to such change, it is the choice of the User whether or not to continue with the Services offered by Us.
The fee for the plan is billed in advance of each billing cycle. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals. There are no refunds. In the event You cancel Your Plan, no refunds or credits will be provided for partial or unused months of the Services. There could be overage charges. If a User uses up their allotted limit as per the plan the User chose, they will be charged extra as per plan terms. Either a separate invoice will be raised for the extra amount which the client needs to pay with the next month’s bill (or gets charged automatically by the Payment Processors), or the client will be automatically upgraded to the next higher plan which fits the client’s usage pattern.
To process financial transactions and payments to the Company for the Services availed, We use third-party electronic payment processors or service providers (ESPs) such as stripe.com. Once You add Your credit card details, You shall be charged on a recurring basis (monthly or annually) until You decide to cancel the account with us. You also permanently agree that in accordance with Your requests as submitted, we may give such instructions on Your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail. We do not store credit card data of our clients. The LLP accepts the following modes of payment:
Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit cards partnership. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By transacting on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated Websites where reference to such affiliated Websites has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website. There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
a. All rights related to the Website design, text, graphics and other content, the selection and arrangements are licensed to the Developer. The content of this Website is protected by international copyright laws and other intellectual property rights. All LLP names and logos mentioned in this Website are the trademarks, service-marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the website or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent, except where expressly invited to do so.
b. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other services or processes accessible through the Website, not to insert any code or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
The Website can be used in all countries worldwide. We make no representation that materials or Content available through our Website is appropriate or available for use in all countries. If You access or use the Website from a country where such access of such Websites may not allowed, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
Users shall compulsorily have to select one plan before signing up. The Company at is sole discretion can amend, modify, delete, add plans at point of anytime. Due to such cases, the Users have to opt other plans. Users can no longer move to an older plan once it has been discontinued by the Company.
The LLP has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change as deemed appropriate by the Website at its sole discretion.
You and Us both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or Services shall be subject to the terms and conditions of this Agreement.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the LLP reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Trivandrum, in the state of Kerala, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of the state of Delaware, US. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in the state of Delaware, US and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the LLP by the User reducing the same to writing, and sending the same to the registered office of the LLP by Registered Post, or by sending an email to email@example.com.
Last Updated: November 6, 2016