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Terms & Conditions

Please read these terms carefully. They govern your use of the Movin' Ads website, app, and advertising platform.

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Introduction

These terms and conditions, as amended from time to time (the “Terms and Conditions”) apply to and govern your access to and use of the Movin' Ads Application, website and other related technology services made available by Epitcore (PVT) LTD. (collectively the “Movin' Ads Platform”), as a user.

In accessing and using the Movin' Ads Platform, you acknowledge and agree that the service(s) provided by Epitcore (PVT) LTD. (“Movin' Ads”) through the Movin' Ads Platform is exclusively a technology service that enables and affords users access to on-demand vehicle advertising spaces offered and provided by independent third-party mobility service providers (the “Third-Party Service(s)” or “Service(s)”). Movin' Ads is not a transportation service provider or advertising carrier and, as such, does not guarantee the availability of such Third-Party Services or any other service levels relating to the independent vehicle advertising space providers that may be connected with and engaged via the Movin' Ads Platform.

By using the Movin' Ads Platform or such Services, you hereby:

  • represent that you have read and understood the entirety of these Terms and Conditions (along with any other terms that are linked to, or otherwise referenced in, this notice);
  • represent that you have legal capacity (including – by being over the age of eighteen [18]) to enter into a binding legal contract behalf of your employer/business/company with Movin' Ads upon and subject to these Terms and Conditions; and
  • agree to enter into a contract with Movin' Ads upon, and subject to, these Terms and Conditions, and to be bound by such Terms and Conditions in respect of the matters dealt with therein.

If you do not accept and agree to these Terms and Conditions in their entirety, you must immediately stop using the Movin' Ads Platform in any manner or form.

Use of the Movin' Ads Platform

Subject to your continued compliance with these Terms and Conditions, Movin' Ads hereby grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Movin' Ads Platform during the Term via your Movin' Ads Account, upon and subject to these Terms and Conditions (the “License”).

Following your acceptance of such Terms and Conditions, Movin' Ads will establish and set up a designated personal user account for you (a “Movin' Ads Account”) that will enable you to, amongst other things: (a) access and use the online Movin' Ads mobile application (the “Movin' Ads Driver Application”); as well as (b) request Third-Party Services (i.e., on-demand vehicle advertising spaces provided by independent Third-Party Service Providers). All Movin' Ads Accounts, including the rights and liabilities arising thereunder, shall be non-transferable and non-assignable.

You shall be solely and exclusively responsible for maintaining the confidentiality of the login credentials to your Movin' Ads Account, as well as for any and all transactions, charges and other activity carried out via your Movin' Ads Account (including those, if any, engaged in or incurred due to a failure on your part to keep your login credentials, device and / or Movin' Ads Account secure). You shall also promptly notify Movin' Ads upon the discovery of any fraudulent or unpermitted activity occurring under or via your Movin' Ads Account – provided, however, that you acknowledge that providing such notice shall not absolve you of your responsibility under this clause in any way.

You further acknowledge that you shall be responsible for having and maintaining the relevant hardware, software and data connectivity required in order to use the Movin' Ads Platform (including, in particular, the Movin' Ads Driver Application), and Movin' Ads makes no representation that the Movin' Ads Platform will be compatible with and operate on any or all mobile devices. You further acknowledge that you may be required to download updates to or new versions of the Movin' Ads Driver Application as and when these are made available in order to continue using it.

By accessing or using the Movin' Ads Platform or Services, you further undertake not to directly or indirectly:

  • authorize or otherwise allow any third party to use or access the Movin' Ads Platform via your Movin' Ads Account;
  • sub-license, sell, transfer, distribute or otherwise assign your License to the Movin' Ads Platform in any manner or form;
  • improperly use the Movin' Ads Platform, including by creating internet “links” to any part of the Movin' Ads Platform, by “framing” or “mirroring” any part of the Movin' Ads Platform on any other websites or systems, or by “scraping” or otherwise improperly obtaining data from the Movin' Ads Platform (including, without limitation, through the use of automated programs such as web crawlers, bots, indexers and / or viruses);
  • reverse engineer, decompile, modify, disassemble, or make derivative works based upon the Movin' Ads Platform;
  • post, send or otherwise transmit User Content on or via the Movin' Ads Platform that is unlawful, defamatory, offensive, false, deceptive, misleading or otherwise constitutes spam, advertisements, promotional materials or unsolicited communications of any kind;
  • breach or violate any written codes of conduct, community guidelines or other related policies specifically made applicable to users of the Movin' Ads Platform by Movin' Ads;
  • create, market or distribute add-ons or enhancements or incorporate into another product the services or software made available to it under the License; or
  • attempt to gain unauthorized access to the Movin' Ads Platform or its related systems or networks.

For the purposes of accessing and using the Movin' Ads Platform, you hereby further represent and warrant to Movin' Ads:

  • that any information (including Personal Data) posted, provided, uploaded or otherwise transmitted by you to Movin' Ads is true, complete and accurate, and correspondingly undertake to update or amend such information as and when it becomes outdated, inaccurate or incomplete; and
  • you will, under no circumstances, disclose or share any Personal Data made accessible to you via the Movin' Ads Platform with any third-party – unless expressly authorized to do so by the relevant data subject to whom such information relates, unless such disclosure is mandated and required by and under applicable law.

Movin' Ads reserves the absolute right and discretion to change, update or otherwise modify the Movin' Ads Platform (including, without limitation, by suspending or discontinuing any feature or Service made available thereon) without notice to you. Such changes, updates and modifications may be carried out from time to time for a variety of reasons – including, to improve the Movin' Ads Platform or in response to a change in any law, regulation, rule, technology, industry practice, pattern of system use, internal corporate policy, commercial circumstance, and the availability of a third-party product and / or service.

Proprietary Rights

Any Intellectual Property comprising or relating to the Movin' Ads Platform shall, at all times, remain the sole and exclusive property of Movin' Ads (including, but not limited to, any updates, enhancements or new versions thereof and all data relating to the use of the Movin' Ads Platform). Movin' Ads does not, and shall not be deemed to, grant you any rights, entitlements or expectations to or over such Intellectual Property except where, and to the limited extent, explicitly and specifically set forth in this notice (i.e., through, and by virtue of, a License). All rights not granted herein are therefore expressly reserved by Movin' Ads.

“Intellectual Property” for the purposes of this clause shall mean and include, without limitation, any and all trademarks and service marks, copyright (including the copyright in any promotional material(s) and the object and source code of any software), patents, industrial designs, social media handles and accounts, domain names, proprietary formulas, databases, know-how, innovations, designs, trade secrets or any improvements to such property (including any and all material defining, describing, or illustrating such property), whether in hard copy, electronic form or otherwise and whether registered or unregistered (including the right to register).

You may, during the course of utilizing the Movin' Ads Platform and / or Services, be permitted to upload, post or otherwise transmit content (such as text, sound and images) on or through the Movin' Ads Platform or when otherwise communicating or dealing with Movin' Ads (collectively “User Content”). In doing so, you shall be solely and exclusively responsible for such User Content – meaning, amongst other things, that you represent and undertake to Movin' Ads that you are lawfully entitled and authorized to upload, post or otherwise transmit such User Content upon and subject to these Terms and Conditions, and that such actions shall not breach or otherwise violate any applicable law, or the rights and entitlements of any third party. By posting, uploading or otherwise transmitting such User Content as contemplated above, you agree that you thereby grant Movin' Ads a worldwide, irrevocable, royalty free and non-exclusive license to store, disclose and otherwise use such User Content for any purpose on the mutually agreed upon basis that such content is non-proprietary and non-confidential by nature.

Movin' Ads reserves the absolute right and discretion to remove or otherwise block access to the whole or any part of such User Content – provided, however, that it is acknowledged that Movin' Ads: (a) disclaims and takes no responsibility for any User Content transmitted via the Movin' Ads Platform; and (b) shall be under no obligation whatsoever to monitor, takedown or otherwise regulate such User Content – except where, and to the limited extent, mandated and required to do so by applicable law.

Furthermore, any content on the Movin' Ads Platform should not, under any circumstances, be construed as advice of any kind or be relied upon as such in making, or refraining from making, any decision.

You may, during the course of using the Movin' Ads Platform, directly or indirectly receive, have access to, or be exposed to the Personal Data (as hereinafter defined) and / or confidential information of other persons and entities – including Movin' Ads. In such instances, you acknowledge and agree that you shall not use any such data or information for any purpose other than the personal and non-commercial use and operation of your Movin' Ads Account on the Movin' Ads Platform as contemplated in these Terms and Conditions.

You also acknowledge and authorize Movin' Ads to report and notify State instrumentalities, regulators, and law enforcement of any suspected breaches or violations of applicable law involving or otherwise connected to you, and to do anything in relation to your Movin' Ads Account and any information connected thereto in order to comply with any directions or orders issued by such authorities.

Fees and Payment

The rates and charges applicable to a Third-Party Service shall be notified to you via the Movin' Ads Application on each and every occasion (the “Service Fee(s)”). You acknowledge that the Service Fee(s) for a given Third-Party Service: (a) may vary depending on a number of factors – including, but not limited to, prevailing demand and supply, the duration or selected cities of the scheduled advertising campaign, (b) will, unless otherwise specifically indicated, include and reflect any service, and / or administration fees payable in respect of such transaction. Any and all such Service Fees shall be charged and settled as and when you complete the campaign according to the set dates.

You may pay for and settle such Service Fees using one of the payment options made available to you via the Movin' Ads Application.

To the extent that any payment mechanisms or portals are provided through such third-party online payment processors, you acknowledge and agree: (i) that such third parties are independent entities that operate autonomously and completely outside of the control or oversight of Movin' Ads; (ii) that the payment mechanisms and services provided by such third parties are governed and made available to you on distinct and independent terms and conditions (the contents of which you are advised to familiarize yourself with prior to utilizing them); and (iii) that Movin' Ads shall have no liability to you arising out of the acts or omissions of such third parties.

The acceptance, refusal or cancellation of services

Once you make a request for Third-Party Services via the Movin' Ads Application – such request shall be communicated to any available Third-Party Service Providers, who shall have the option of whether or not to accept it. You acknowledge that Movin' Ads disclaims and shall, under no circumstance, be liable for any delays, cancellations and / or miscommunications between you and a Third-Party Service Providers (including, but not limited to, the unavailability of Third-Party Service Providers).

Once accepted, you cannot cancel your request for Third-Party Services.

There may also be instances in which another party to the transaction is permitted to cancel it despite your corresponding request having been accepted. In such instances, Movin' Ads will notify you of such cancellation via the Movin' Ads Application.

Disclaimers and Limitation of Liability

The Movin' Ads Platform is provided on an AS IS and AS AVAILABLE basis and without any representation, warranty or endorsement of any kind (whether express or implied) – including, but not limited to, any warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and / or accuracy. Accordingly, and without prejudice to the generality of the foregoing, Movin' Ads makes no representation or warranty that the functionality of the Movin' Ads Platform will be uninterrupted or error free, that defects will be corrected or that the Movin' Ads Platform or the server(s) that make it available shall be free of viruses or anything else which may be harmful or destructive.

Epitcore does not guarantee the availability of vehicle advertising spaces or any other service levels related to the independent vehicle advertising space providers that may be accessed via the Movin' Ads Platform.

To the maximum extent permitted by law, neither Movin' Ads nor any of its representatives or employees shall be liable (whether based on contract, tort, product liability or any other legal theory) for: (a) any incidental, special, exemplary or consequential damages resulting from or in connection with the use of the Movin' Ads Platform; (b) any service interruptions, loss of data, damage to devices or system failure relating thereto; (c) the cost of substitute products or services; or (d) the use of or inability to use the Movin' Ads Platform or Services.

By accepting the provision of Third Party Services from an independent Third-Party Service Provider, you specifically acknowledge and agree: (a) that Movin' Ads has no direct association or affiliation with, or control over, such third party vehicle advertising space provider, and merely facilitates the interaction and engagement between you and such person, as principals; (b) that Movin' Ads makes no representation, warranty, guarantee or recommendation of or in respect of any Third-Party Service Provider; (c) that nothing in these Terms and Conditions shall constitute or be construed as constituting, creating or otherwise evidencing any agency, employment, or other such relationship between Movin' Ads and a Third-Party Service Provider, and no Third-Party Service Provider shall have any authority whatsoever to bind or otherwise make representations on behalf of Movin' Ads in any way; (d) that Movin' Ads shall not, under any circumstances, be liable or otherwise responsible for any act or omissions committed by a Third-Party Service Provider (including, but not limited to, any criminal misconduct, breach of service commitment, fraud or negligence); and (e) that, by registering, accepting and utilizing any such Service, you do so at your own risk.

You also acknowledge and agree: (a) that any data or information about a Third-Party Service Provider that may be displayed on or otherwise communicated to you via the Movin' Ads Platform is provided by such Third-Party Service Provider without independent verification; (b) that Movin' Ads disclaims and takes no responsibility for vetting, screening or otherwise selecting the Third-Party Service Providers that register with and offer their Services via the Movin' Ads Platform; and (c) to the risks involved in using the Movin' Ads Platform to engage and obtain Third-Party Services, and undertake to take reasonable care and precautions when using the Movin' Ads Platform and Services.

You further acknowledge and agree that any and all claims that you may have or purport to have against Movin' Ads must be notified to us within seven (7) days of the event(s) which purportedly give rise to such claim and that you hereby acknowledge and agree to waive and forfeit any and all rights in respect of that claim if you fail and / or neglect to do so – provided, however, that nothing in this clause purports to limit or exclude liability that cannot be limited or excluded by applicable law.

Privacy

Where, and to the extent, that Movin' Ads collects and processes your Personal Data, it undertakes to process such Personal Data in strict accordance with its Privacy Policy – which is accessible here: https://movinads.lk/privacy-policy.

Subject to, and without prejudice to the scope and generality of such Privacy Policy (which forms an integral part and parcel of these Terms and Conditions), you also acknowledge and understand, in particular, that:

  • Movin' Ads shall be required, pursuant to one or more of the grounds for processing permitted by applicable law, to disclose your personal data to certain third parties (including, but not limited to, Third-Party Service Providers, installers, law enforcement officers and government bodies) where: (a) there is a complaint, dispute or conflict, including an accident, involving you in connection with your use of the Movin' Ads Platform; (b) it is necessary for performance of these Terms and Conditions (including, without limitation, for the provision of the Movin' Ads Application and its features to you) or to enforce such provisions; (c) it is required by applicable law or regulation; and / or (d) it is necessary, in Movin' Ads's sole discretion, for a legitimate interest such as: (i) to protect the safety, rights, property or security of Movin' Ads, its clients, employees or any third party; (ii) to detect, prevent or otherwise address fraud, security or technical issues; and / or (iii) to prevent, identify, stop and address activity which Movin' Ads (or applicable law) considers to be, or as posing a risk of being, illegal, unethical or legally actionable; and
  • Where you are afforded access to the Personal Data of any third party via the Movin' Ads Application (for e.g., in order to facilitate your requests for and use of Third-Party Services) then –you acknowledge and agree: (a) that you shall only access and use such Personal Data: (i) in strict accordance with applicable laws, any applicable provisions of Movin' Ads's Privacy Policy, and the Movin' Ads Platform's Terms and Conditions (which shall, by reference hereto, require you not to use any such Personal Data, in any manner, or for any purpose other than the receipt of Third-Party Services as contemplated and agreed by and between the relevant users of the Movin' Ads Platform); (b) that you shall not disclose such Personal Data to any third party under any circumstances and shall take appropriate measures to ensure that such Personal Data remains secure and confidential (which shall include, without limitation, an obligation on your part to only view and access such Personal Data through and on the Movin' Ads Application, without having transferred or reproduced such data onto any other medium); and (c) that you shall immediately notify Movin' Ads in writing where any such Personal Data, as made available to you, is used (whether personally by you or by a third party) in violation of these provisions.

Notify Movin' Ads immediately if you become aware of any personal data breach related to your account or the Movin' Ads Application. Report any suspected or confirmed compromise of your account details without delay and follow Movin' Ads's instructions to manage the situation. A personal data breach includes accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data processed by Movin' Ads.

Indemnification

By accepting these Terms and Conditions and accessing and / or using the Movin' Ads Platform or Services, you acknowledge and agree that you shall indemnify and hold Movin' Ads, its affiliates and each of their respective officers, directors, employees, and other users (the “Indemnified Parties”) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and related costs) arising from or in connection with: (a) any breach or violation by you of a provision contained in these Terms and Conditions; (b) any breach or violation by you of an applicable law or third party right (whether contractual, intellectual property-related or otherwise); and / or (c) any misuse by you of the Movin' Ads Platform, or any misconduct by you towards or in connection with other users of the Movin' Ads Platform.

Term and Termination

The contract entered into by and between you and Movin' Ads upon, and subject to, these Terms and Conditions shall be deemed to commence from the earlier of: (a) the date on which you indicate your acceptance of these Terms and Conditions (whether electronically or otherwise); or (b) the date on which you access and / or use your Movin' Ads Account, and will continue until and unless terminated by either you or Movin' Ads (the “Term”).

You may terminate such contract at any time by deleting: (a) your Movin' Ads Account following the process and instructions provided; and (b) the Movin' Ads Application off all of your devices. Please note that if you delete the Movin' Ads Application, you will not be able to access or otherwise use any Third-Party Services.

Movin' Ads reserves the absolute right and discretion to terminate such contract with immediate effect at any time for any reason whatsoever – including, but not limited to, a breach or violation of any provision contained in these Terms and Conditions. Following such termination, you will immediately be unable to access your Movin' Ads Account, or use the Movin' Ads Application to access Third-Party Services.

Movin' Ads also reserves the absolute right and discretion to suspend your account and / or deny you access to all or any part of the Movin' Ads Platform or Third-Party Services, without prior notice or explanation, where it deems such action(s) prudent and necessary for, amongst other things, protecting the safety and interests of Movin' Ads, other users of the Movin' Ads Platform and / or Third-Party Service Providers.

Modifications and Amendments

Movin' Ads reserves the absolute right and discretion to amend and modify these Terms and Conditions at any time, and from time to time, by either uploading a version of such modified Terms and Conditions to the Movin' Ads Platform at https://www.movinads.lk/terms-and-conditions, or by sending you notice of such modified Terms and Conditions through the Movin' Ads Platform or via email.

The amendments shall be effective upon such modified Terms and Conditions being uploaded to the Movin' Ads Platform at https://www.movinads.lk/terms-and-conditions, and your continued use of the Movin' Ads Platform or any Third-Party Services after the date of such posting shall automatically constitute your consent to such changes.

Miscellaneous

You shall be responsible for updating any contact or other information that you may have uploaded or otherwise provided to Movin' Ads via the Movin' Ads Platform, as well as for regularly reviewing these Terms and Conditions for, amongst other reasons, the purposes of remaining up to date on any periodic modifications or amendments thereto.

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any applicable law or by order of a competent court of law, whether in whole or in part, you agree: (a) to the modification of such provision or the invalid part thereof (including, where necessary, by changing other provisions) so as to give effect to the original intent of the parties as expressed herein as closely as possible and to the fullest extent permitted by applicable law; or, failing which, that; (b) such provision (or the invalid part thereof) shall be severable from the remaining terms, which shall continue to be valid and enforceable.

Any notice delivered to you by Movin' Ads in connection with the Movin' Ads Platform shall be delivered by email to the email address provided and registered to your Movin' Ads Account or by notice posted on or communicated via the Movin' Ads Platform.

These Terms and Conditions (and any contract entered into by and between you and Movin' Ads hereunder) shall be governed by and construed in accordance with the laws and regulations of the Democratic Socialist Republic of Sri Lanka.

You further acknowledge and agree that the courts of Sri Lanka situated in Colombo shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions (including, but not limited to, its validity, interpretation, implementation or an alleged breach).

Interpretation

“Third-Party Service Provider(s)” shall mean and refer to the independent third-party vehicle advertising space provider(s) that offer and provide on-demand advertising space on their vehicles via the Movin' Ads Platform.

“Personal Data” shall mean and refer to any information that can identify a particular natural person directly or indirectly, as defined in Applicable Data Protection Laws.

“Applicable Data Protection Laws” means laws and regulations that govern processing of personal data including but not limited to the Personal Data Protection Act No.9 of 2022 (as amended).

Any references in these Terms and Conditions to any other document, policy or law shall, unless clearly intended otherwise, be construed as references to such document, policy or law as amended and / or replaced, from time to time;

Specific Terms and Conditions

Where there is any conflict between the General Terms and Conditions specified above, and the Specific Terms and Conditions set out below (which cannot fairly and sensibly be read together) – the latter shall prevail over and in respect of the specific matters or Services dealt with in such Specific Terms and Conditions.

Movin' Ads-Advertising

Subject, and without prejudice, to the disclaimers and caveats set out above and below, you shall be responsible for notifying Movin' Ads of any complaint relating to a Advertising Service via the client support service made available on the Movin' Ads Application within twenty-four (24) hours of concluding such Service.

As an Advertiser, if you witness a breach of any applicable law, please contact the police (as appropriate).

Where any person or property is harmed during or as a result of the negligence, recklessness or other misconduct of a Third-Party Service Providers, you acknowledge that your recourse, if any, shall be solely and exclusively against the relevant Third-Party Service Providers engaged by you via the Movin' Ads Platform.

You also represent and warrant to Movin' Ads that you shall not request vehicle advertising spaces for and on behalf of any third-party.

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