Terms and conditions

Welcome to ListingLogic.

These terms of use are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.

 

These Terms are binding on any use of the Service and apply to you from the time that ListingLogic provides you with access to the Service.

 

ListingLogic reserves the right to change these terms at any time, effective upon the posting of modified terms and ListingLogic will make every effort to communicate these changes to you via email or notification via the Platform .

 

These Terms are not intended to answer every question or address every issue raised by the use of the ListingLogic Service.

 

The ListingLogic Service will evolve over time based on user feedback.

 

It is likely the terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Platform.

 

By registering to use the Service you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

 

To discuss these terms and conditions further or your services, please email sales@listinglogic.com.

 

 1. Definitions

 

“Agreement” means these Terms of Use.

 

“Add-ons” means additional products or services relating to or offered through the Service or otherwise controlled by ListingLogic.

 

“Advertising Fee” means that part of any Fee paid by ListingLogic on your behalf to a third party (such as Google or Facebook) for placement of advertising.

 

“Fee” means any fee payable by you for the Service and includes any Advertising Fee or ListingLogic Fee.

 

“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

 

“Data” means any data inputted by you or with your authority into the Platform .

 

“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

 

“Ownership Data” means information including text, video, still images, audio or other material relating to or describing properties, businesses or general listings data, that ListingLogic has permitted you to host, share, publish, post, store or upload to the Service or Platform

 

“Platform” means the Internet site at the domain ListingLogic.XXXXXX or any other site, web application or mobile applicaton operated by ListingLogic.

 

“Service” means the advertising creation, distribution and placement service made available (as may be changed or updated from time to time by ListingLogic) via the Platform.

 

“ListingLogic Fees” means the fees payable by you to ListingLogic for access to our platform in addition to any Advertising Fee. ListingLogic Fees may be charged as a subscription or form part of and be deducted from Fees paid for placement of advertising.

 

“ListingLogic” means ListingLogic Limited and all current and future global subsidiaries of ListingLogic Limited.

 

“Invited User” means an entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.

 

“Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

 

“you” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organisation that uses the Service with the authorisation of that person or entity. “your” has a corresponding meaning.

 

2. Use of software

 

ListingLogic grants you the right to access and use the Service via the Platform  with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

 

a.   The Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;

 

b.   The Subscriber is responsible for all Invited Users’ use of the Service;

 

c.   The subscriber controls each Invited User’s level of access to the relevant organization and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

 

d.   If there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

 

3. Your obligations

 

a.   General obligations:

You must only use the Service and Platform  for your own lawful internal business purposes, in accordance with these Terms and any notice sent by ListingLogic or condition posted on the Platform. You may use the Service and Platform on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.

 

b. Access conditions:

 

i. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify ListingLogic of any unauthorised use of your passwords or any other breach of security and ListingLogic will reset your password and you must take all other actions that ListingLogic reasonably deems necessary to maintain or enhance the security of ListingLogic’s computing systems and networks and your access to the Services.

Each username and password combination may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you need.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

 

ii. As a condition of these Terms, when accessing and using the Services, you must:

 
1. Not attempt to undermine the security or integrity of ListingLogic’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks; not use, or misuse, the Services in any way which may impair the functionality of the Services or Platform , or other systems used to deliver the Services or impair the ability of any other user to use the Services or Platform ;
 
2.   Not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
 
3.    Not transmit, or input into the Platform , any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
 
4.   Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Platform.

 

iii. Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to monthly access volumes and the number of calls you are permitted to make against ListingLogic’s application programming interface. Any such limitations will specified within the Service.
 
iv. Communication Conditions:
As a condition of these Terms, if you use any communication tools available through the Platform  or the Services, you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Platform , or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
 
When you make any communication on the Platform or using the Services, you represent that you are permitted to make such communication. ListingLogic is under no obligation to ensure that the communications on the Platform are legitimate or that they are related only to the use of the Services. As with any other web-based system, you must exercise caution when using the communication tools available on the Platform or the Service. However, ListingLogic reserves the right (but does not assume responsibility) to remove any communication at any time in its sole discretion.
 
v. Indemnity:
You indemnify ListingLogic against: all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to ListingLogic, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by you.

 

4. Payment

 

a.   Credit cards

A valid credit card is required for all accounts.

 

As long as you have any outstanding Fees balance with us, you’ll provide us with at least one valid credit card and authorise us to deduct the Fees against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new credit card.

 

Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

 

b.   Payment for campaign placement

When creating an advertising campaign through ListingLogic, you will be asked to select a budget for your advertising campaign. You agree to pay the amount chosen as your budget up front, and the credit card you select will be charged for this amount in its entirety. Ads will then be placed by ListingLogic on your behalf according to the criteria you select.

You acknowledge and agree that the Fees include the ListingLogic Fees (paid for accessing the Service) and the Advertising Fees (paid by ListingLogic on your behalf to third party ad platforms you select (for example Google or Facebook).

 

ListingLogic is a marketplace service that involves frequent variations in performance and cost: you acknowledge that we set the proportion of ListingLogic Fees to Advertising Fees for each campaign and that we may vary that proportion in our absolute discretion.

 

At the absolute discretion of ListingLogic payment Services maybe placed on account which mean that ListingLogic shall invoice you or the relevant business on a monthly basis on terms and conditions to be agreed.

 

c.   Taxes and duties

You are responsible for payment of all taxes, levies, or duties payable in additional to the Fees.

 

d.   Refunds

We’ll give you a refund if we terminate any active campaign without cause. There will otherwise be no refunds or credits for any active or past campaigns unless mutually agreed.

 

ListingLogic reserves the right to suspend or terminate your use of the Service in the event that any Fees are not paid in full or are reversed or dishonoured by your bank.

 

e.  Billing changes

We may change our fees at any time by posting a new pricing structure to our Platform and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

 

5. Confidentiality And Privacy

 

a.   Confidentiality:

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

 
i. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
 
ii. Each party’s obligations under this clause will survive termination of these Terms.
 
iii. The provisions of paragraphs (i) and (ii) above shall not apply to any information which:

 

1. Is or becomes public knowledge other than by a breach of this clause;
 
2. Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
 
3. Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
 
4. Is independently developed without access to the Confidential Information.

 

b.   Privacy:

ListingLogic maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy at Privacy and you will be taken to have accepted that policy when you accept these Terms.

 

6. Intellectual Property

 

a.   General:

Title to, and all Intellectual Property Rights in the Services, the Platform  and any documentation relating to the Services remain the property of ListingLogic (or its licensors).

 

b.   Ownership of Data:

Title to, and all Intellectual Property Rights in, the Data remain your property. You grant ListingLogic a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of services to you.

 

c.   You grant ListingLogic a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, translate, distribute, publish, create derivative works from and display the Ownership Data throughout the world in any medium, whether currently in existence or not.

 

d.   You also grant ListingLogic the right to use your name or the name you submit with the Ownership Data, and, the right to represent and warrant that:

 

i. you own and control all of the rights to the Ownership Data; or
 
ii. you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise ListingLogic to use the Ownership Data as contemplated by these terms.

 

e.   Backup of Data:

You must maintain copies of all Data inputted into the Service. ListingLogic adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. ListingLogic expressly excludes liability for any loss of Data no matter how caused.

 

f.     Third-party applications and your Data:

Third-party applications and your Data: If you enable third-party applications for use in conjunction with the Services, you acknowledge that ListingLogic may allow the providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Services. ListingLogic shall not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party application providers.

 

7. Warranties And Acknowledgements

 

a.   Authority:

You warrant that where you have registered to use the Service on behalf of another person, you have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms.

 

b.   Acknowledgement:

You acknowledge that:

i. You are authorised to use the Services and the Platform  and to access the information and Data that you input into the Platform , including any information or Data input into the Platform  by any person you have authorised to use the Service. you are also authorised to access the processed information and Data that is made available to you through your use of the Platform  and the Services (whether that information and Data is your own or that of anyone else).
 
ii. ListingLogic has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you. If you use the Services or access the Platform  on behalf of or for the benefit of anyone other than yourself (whether a person, body corporate or otherwise) you agree that:

 

1.    you are responsible for ensuring that you have the right to do so;

 

2.    you are responsible for authorising any person who is given access to information, and you agree that ListingLogic has no obligation to provide any person access to such information without your authorisation and may refer any requests for information to you to address; and

 

3.    you will indemnify ListingLogic against any claims or loss relating to:

a.   ListingLogic’s refusal to provide any person access to your information in accordance with these Terms,

b.   ListingLogic’s making available information to any person with your authorisation.

iii.         The provision of, access to, and use of, the Services is on an “as is” basis and at your own risk.

iv.         ListingLogic does not warrant that the use of the Service will be uninterrupted or error free. Among other things,  the operation and availability of the systems used for accessing the Service, including public telephone            services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. ListingLogic is not in any way responsible for any such interference or prevention of your access or use of the Services.

v.         It is your sole responsibility to determine that the Services meet the needs of your business and are suitable for the purposes for which they are used.

vi.         You remain solely responsible for complying with all applicable real estate licensing, trade practices and other relevant laws. It is your responsibility to check that storage of and access to your Data via the Software and the Platform  will comply with laws applicable to you (including any laws requiring you to retain records).

c.   No warranties:

ListingLogic gives no warranty about the Services. Without limiting the foregoing, ListingLogic does not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

d.   Consumer rights:

You warrant and represent that you are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Platform  or these Terms.

 

8. Limitation Of Liability

 

a.   To the maximum extent permitted by law, ListingLogic excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Platform .

 

b.   If you suffer loss or damage as a result of ListingLogic’s negligence or failure to comply with these Terms, any claim by you against ListingLogic arising from ListingLogic’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the fees actually paid by you in the previous 6 months.

 

c.   If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 9.

 

9. Termination

 

a.   Prepaid Subscriptions

ListingLogic will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.

 

b.   No-fault termination:

 
i. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided you continue to pay the prescribed Access Fee when due, unless either party terminates these Terms under this clause.
 
ii. Subject to clause 8(c) below you may, following the expiry of the Fixed Term, terminate all or part of these Terms by giving us 30 days notice in writing to that effect.
 
iii. We may terminate all or part of these Terms at any time by giving you 30 days written notice to that effect.
 
iv. Nothing in this clause affects our respective rights and remedies in respect of any breach of this agreement under the general law.

 

c.   Breach:

If you:

i.         breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 7 days after receiving notice of the breach if the breach is capable of being remedied;

ii.         breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 14 days overdue); or

iii.         you or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction,

ListingLogic may take any or all of the following actions, at its sole discretion:

iv.         Terminate this Agreement and your use of the Services and the Platform ; Suspend for any definite or indefinite period of time, your use of the Services and the Platform ;

v.         Take either of the actions in sub-clauses 4 and 5 of this clause 8(4) in respect of any or all other persons whom you have authorised to have access to your information or Data; or

vi.         Suspend or terminate access to all or any Data.

For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of your Billing Contacts, Billing Plans or any of your Organisations (as defined at clause 3) is not made in full by the relevant due date, ListingLogic may: suspend or terminate your use of the Service, the authority for all or any of your Organisations to use the Service, or your rights of access to all or any Data.

d.   Accrued Rights:

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:

i.         remain liable for any accrued charges and amounts which become due for payment before or after termination; and

ii.         immediately cease to use the Services and the Platform .

e.   Expiry or Termination:

i.         Clauses 3(a), 3(e), 4, 5, 6, 7, 8 & 10 survive the expiry or termination of these Terms.

 

10. Help Desk

 

a.   Technical Problems:

In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting ListingLogic. If you still need technical help, please check the support provided online by ListingLogic on the Platform  or failing that email us at operations@listinglogic.com

b.   Service availability:

Whilst ListingLogic intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Platform  may be unavailable to permit maintenance or other development activity to take place.

c.   If for any reason ListingLogic have to interrupt the Services for longer periods than ListingLogic would normally expect, ListingLogic will use reasonable endeavours to publish in advance details of such activity on the Platform.

 

11. General

 

a.   Entire agreement:

These Terms, together with the ListingLogic Privacy Policy and the terms of any other notices or instructions given to you under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and ListingLogic relating to the Services and the other matters dealt with in these Terms.

b.   Waiver:

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

c.   Delays:

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

d.   No Assignment:

You may not assign or transfer any rights to any other person without ListingLogic’s prior written consent.

e.   Governing law and jurisdiction:

The law of New Zealand govern this Agreement and you submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.

f.     Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

g.   Notices:

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to ListingLogic must be sent to operations@listinglogic.com or to any other email address notified by email to you by ListingLogic. Notices to you will be sent to the email address which you provided when setting up your access to the Service.

 

h.   Exclusion of Competitors: You are prohibited from using our service or platform, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

i.      1. Rights of Third Parties:

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

 

 

Additional Term

 

The Service allows you to create, purchase, and manage Facebook and Instagram ads from your ListingLogic account. By using the Platform, you also agree to comply with Facebook’s Advertising Policies, Terms of Service, and Commercial Terms.

 

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, are suitable for you in light of such laws, rules, and regulations.

 

Facebook and Instagram are not affiliates, partners, agents, or representatives of ListingLogic. You understand and agree that ListingLogic is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Facebook or Instagram.

 

Transfer of Data to Facebook

Certain options within the Platform, such as the custom audience option, allow you to pass data to Facebook. The data that may be transferred consists of hashed values of email addresses. Only those emails addresses you expressly select will be hashed and passed to Facebook.

If you choose to pass hashed value data to Facebook, you represent and warrant that you have the right to use the data in such a manner and that you have secured permission from any individuals whose data will be hashed to transfer the data to Facebook. You further acknowledge and agree that you are the party transferring data to Facebook and that such data is being passed directly from you to Facebook.

 

Retargeting Pixel

To use the Platform, your website must be connected to your ListingLogic account. When you agree to these terms a Facebook remarketing pixel will automatically be installed on your Site, and (2) code will be deployed that will allow your Site to set a cookie that will recognize those who visit your Site via ads placed with the Platform. These tracking technologies facilitate the placement of your advertising campaigns on the Facebook or Instagram and enable ListingLogic to provide reporting to you about the performance of your advertising campaigns. You represent and warrant that your Site adequately discloses the use of tracking technologies, such as cookies and pixels, used by your Site in a Privacy Policy, Cookie Statement, or other disclosure and informs visitors to your Site that information collected by these technologies may be transferred to ListingLogic.

 

Payment Terms

When creating an advertising campaign through the Platform, you will be asked to select a budget for your advertising campaign. You agree to pay the amount chosen as your maximum budget up front, and your credit card will be charged for this amount in its entirety – unless mutually agreed otherwise. Ads will then be placed by Facebook on your behalf according to the criteria you select using the platform until your maximum budget is reached. If you violate these Additional Terms, ListingLogic’s standard [Terms of Use], or the Facebook Advertising Policies you will not receive a refund for any purchases you made through the Platform.

 

Facebook Custom Audience Terms

Facebook’s custom audiences feature enables you to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”).

 

Without limiting any agreement between you and Facebook, by passing to Facebook the Hashed Data, or using custom audiences for advertising, you agree to the following:

 

·       You represent and warrant, without limiting anything in these terms, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.

·       If you are providing Hashed Data on behalf of an advertiser, you represent and warrant that you have the authority as agent to the advertiser to disclose and use such data on their behalf and will bind the advertiser to these terms.

·       You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honoring or provided to opt out of having that data disclosed and used for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.

·       You instruct Facebook to use the Hashed Data for the matching process in accordance with Facebook’s Advertising Policies, Terms of Service, and Commercial Terms.

·       You may not sell or transfer your custom audiences, or authorise any third party to sell or transfer custom audiences. If you have entered into an independent agreement with a partner for licensing marketing information, you may use the custom audiences tools and sharing functionality to create and provide custom audiences for advertising based on that information, subject to the requirements of these terms and applicable law.

·       A note to EU and Swiss data controllers: To the extent the Hashed Data contains personal data relating to an individual who resides in the European Union or Switzerland, the parties acknowledge and agree that for purposes of creating the custom audiences, as described above, that you are the data controller in respect of such personal data, and you have instructed Facebook Ireland Limited to process such personal data on your behalf as your data processor pursuant to these terms and Facebook’s Data Processing Terms, which are incorporated herein by reference. “Personal data,” “data controller,” and “data processor” in this paragraph have the meanings set out in the General Data Protection Regulation (Regulation (EU) 2016/679).

 

These Custom Audiences Terms and, to the extent applicable, the Data Processing Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature, and your use of custom audiences for advertising. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Policies at https://www.facebook.com/policies/ads), and such terms will continue to apply to your ad campaigns targeted to your custom audience. The custom audiences feature is a Facebook Product under Facebook’s Terms of Service (https://www.facebook.com/legal/terms, the “Terms”). In the event of any express conflict between these Custom Audiences Terms and the Terms, these Custom Audiences Terms will govern solely with respect to your use of the custom audiences feature and solely to the extent of the conflict. You acknowledge that Facebook may monitor or audit your compliance with these terms and to update these terms from time to time.

 

Google Web Remarketing Ads Through ListingLogic

 

Welcome to Google Ads Through ListingLogic.

 

With Google Ads Through ListingLogic you can quickly and easily create, purchase, and manage advertisements on the Google Display Network, such as web retargeting ads, from within your ListingLogic account [Platform]

 

Please read these Additional Terms carefully. This is a legal agreement, and By continuing to use the ListingLogic Platform you are agreeing to these Additional Terms.

 

These Additional Terms do not replace ListingLogic’s standard [terms of use] (including our Privacy Policy), and the standard [terms of use] also apply to your use of the Google Campaign Feature. The Google Campaign Feature is part of the Services and your use of the Google Campaign Feature is considered part of your use of ListingLogic platform .

 

Part A: Important Things for You to Know

1.    ListingLogic may modify the Google Campaign Feature or discontinue its availability at any time.

2.    ListingLogic may refuse service or limit, suspend, or terminate your access to the Google Campaign Feature at any time, with or without cause.

3.    You may discontinue your use of the Google Campaign Feature at any time.

4.    ListingLogic may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Google Campaign Feature.

 

5.    The Google Campaign Feature allows you to create, purchase, and manage advertisements on the Google Display Network from your ListingLogic account. By using the Google Campaign Feature, you also agree to comply with all of Google’s advertising terms (www.google.com/ads/terms) and policies (www.google.com/ads/policies), as those may be modified or changed from time-to-time.

6.    You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including the Google Campaign Feature, are suitable for you in light of such laws, rules, and regulations.

7.    ListingLogic and Google are independent third parties and are not affiliates, partners, agents, or representatives of one another. You understand and agree that ListingLogic is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Google, including decisions regarding your advertisements on the Google Display Network.

 

Part B: Advertising Review and Compliance

Your use of the Google Campaign Feature, including the content of any ads you might create, is subject to review by both Google and ListingLogic and you agree to comply with the terms and policies of both companies.

If you do not comply with both Google’s advertising terms and policies and ListingLogic’s Terms, any of the following actions may be taken: (1) your ad might be rejected by Google or ListingLogic, or placement of your ad may be delayed; (2) we might, in our sole discretion, revoke your ability to use the Google Campaign Feature; and/or (3) we might suspend or terminate your ListingLogic account.

 

Part C: Creation of Google AdWords Account and Connected Site Required

When you choose to use the Google Campaign Feature, ListingLogic creates a Google AdWords account on your behalf so your ads can be published on the Google Display Network. You may request additional information from ListingLogic regarding your Google AdWords account at any time.

 

ListingLogic offers the Google Campaign Feature as a third party and is unaffiliated with Google. For more information about working with a third party to advertise on the Google Display Network, please review the Working with a third party disclosure notice published by Google.

 

To use the Google Campaign Feature, your website must be connected to your ListingLogic account (a “Connected Site” or “Site”). When you agree to these terms (1) a Google remarketing pixel will automatically be installed on your Site, and (2) code will be deployed that will allow your Site to set a cookie that will recognize those who visit your Site via ads placed with the Google Campaign Feature. These tracking technologies facilitate the placement of your advertising campaigns on the Google Display Network and enable ListingLogic to provide reporting to you about the performance of your advertising campaigns. You represent and warrant that your Connected Site adequately discloses the use of tracking technologies, such as cookies and pixels, used by your Site in a Privacy Policy, Cookie Statement, or other disclosure and informs visitors to your Site that information collected by these technologies may be transferred to ListingLogic.

By using the Google Campaign Feature, you are giving ListingLogic permission to install the necessary cookie and Google remarketing pixel on your Connected Site and to create a Google AdWords account for you.

 

Part D: Payment Terms

When creating an advertising campaign through the Google Campaign Feature, you will be asked to select a budget for your advertising campaign. You agree to pay the amount chosen as your budget in advance, and your credit card will be charged up front for the amount of your budget (or for recurring campaigns, your weekly budget) in its entirety.  

 

Your advertising campaign will then be placed by Google according to the criteria you select using the Google Campaign Feature. Your advertising campaign will run for the duration specified, or for a recurring campaign, indefinitely until you pause or cancel your ad, and your credit card will continue to be charged on a weekly basis for the amount you selected as your periodic budget.

 

eCom BuddyBid feature through ListingLogic

 

With eCom Through ListingLogic you can quickly and easily create, purchase, and manage advertisements eCommerce shop fronts and create buy now, actions or classified listings from within your ListingLogic account [Platform]

 

Please read these Additional Terms carefully. This is a legal agreement, and By continuing to use the ListingLogic Platform you are agreeing to these Additional Terms.

 

These Additional Terms do not replace ListingLogic’s standard [terms of use] (including our Privacy Policy), and the standard [terms of use] also apply to your use of the eCom Feature. The eCom Feature is part of the Services and your use of the eCom Feature is considered part of your use of ListingLogic platform .

 

Part A: Important Things for You to Know

1. ListingLogic may modify the Google Campaign Feature or discontinue its availability at any time.

2. ListingLogic may refuse service or limit, suspend, or terminate your access to the Google Campaign Feature at any time, with or without cause.

3. You may discontinue your use of the Google Campaign Feature at any time.

4. ListingLogic may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Google Campaign Feature.

5. The Google Campaign Feature allows you to create, purchase, and manage advertisements on the Google Display Network from your ListingLogic account. By using the Google Campaign Feature, you also agree to comply with all of Google’s advertising terms (www.google.com/ads/terms) and policies (www.google.com/ads/policies), as those may be modified or changed from time-to-time.

6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including the Google Campaign Feature, are suitable for you in light of such laws, rules, and regulations.

7. ListingLogic and Google are independent third parties and are not affiliates, partners, agents, or representatives of one another. You understand and agree that ListingLogic is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Google, including decisions regarding your advertisements on the Google Display Network.

 

Part B: Advertising Review and Compliance

Your use of the Google Campaign Feature, including the content of any ads you might create, is subject to review by both Google and ListingLogic and you agree to comply with the terms and policies of both companies.

If you do not comply with both Google’s advertising terms and policies and ListingLogic’s Terms, any of the following actions may be taken: (1) your ad might be rejected by Google or ListingLogic, or placement of your ad may be delayed; (2) we might, in our sole discretion, revoke your ability to use the Google Campaign Feature; and/or (3) we might suspend or terminate your ListingLogic account.

 

Part C: Creation of Google AdWords Account and Connected Site Required

When you choose to use the Google Campaign Feature, ListingLogic creates a Google AdWords account on your behalf so your ads can be published on the Google Display Network. You may request additional information from ListingLogic regarding your Google AdWords account at any time.

 

ListingLogic offers the Google Campaign Feature as a third party and is unaffiliated with Google. For more information about working with a third party to advertise on the Google Display Network, please review the Working with a third party disclosure notice published by Google.

 

To use the Google Campaign Feature, your website must be connected to your ListingLogic account (a “Connected Site” or “Site”). When you agree to these terms (1) a Google remarketing pixel will automatically be installed on your Site, and (2) code will be deployed that will allow your Site to set a cookie that will recognize those who visit your Site via ads placed with the Google Campaign Feature. These tracking technologies facilitate the placement of your advertising campaigns on the Google Display Network and enable ListingLogic to provide reporting to you about the performance of your advertising campaigns. You represent and warrant that your Connected Site adequately discloses the use of tracking technologies, such as cookies and pixels, used by your Site in a Privacy Policy, Cookie Statement, or other disclosure and informs visitors to your Site that information collected by these technologies may be transferred to ListingLogic.

By using the Google Campaign Feature, you are giving ListingLogic permission to install the necessary cookie and Google remarketing pixel on your Connected Site and to create a Google AdWords account for you.

 

Part D: Payment Terms

When creating an advertising campaign through the Google Campaign Feature, you will be asked to select a budget for your advertising campaign. You agree to pay the amount chosen as your budget in advance, and your credit card will be charged up front for the amount of your budget (or for recurring campaigns, your weekly budget) in its entirety. 

 

Your advertising campaign will then be placed by Google according to the criteria you select using the Google Campaign Feature. Your advertising campaign will run for the duration specified, or for a recurring campaign, indefinitely until you pause or cancel your ad, and your credit card will continue to be charged on a weekly basis for the amount you selected as your periodic budget.