This master subscription agreement (hereinafter “MSA”) is an agreement between you or the entity that you represent (hereinafter “You” or Your” and New Global Media Limited (company registration: 13312893) the business management Software as a Service (hereinafter “New Global Media” or “Service”). The MSA governs your usage of New Global Media, New Global Media.com and Trusted Business from the date of signing up for the application. By signing up to New Global Media, you agree to the terms of this agreement. This Agreement was last updated on March 16, 2016. It is effective between You and Us as of the date of You accepting this Agreement.

Definitions

This section contains a list of terms and their meaning within this agreement:

We, Us or Our

These refer to New Global Media Inc, the company who you are contracting with. All legal inquiries should be directed to New Global Media, 23 Panorama Tce. Green Point NSW 2251, Australia.

You or Your

These refer to the company or other legal entity for which you are accepting this Agreement and subsidiaries of that company or entity.

Services

This refers to the collection of online, web-based applications and tools provided by Us. Also our websites and platforms are referred to as Services. Third Party Applications are not part of this category.

Your Data

This refers to all electronic data or information submitted by you to the Service, while using the service.

Third-Party Applications

This refers to online, web-based applications and offline software products that are provided by third parties that interoperate with the Services, and are commonly understood as third-party applications, including but not limited to those listed on the Partner-list.

1. Acceptance of Terms

2. Provided Services

This section covers the services that are being provided by New Global Media.

2.1 Provision of the service

In order to access the service, you need to sign up for a user account and provide all the information required in the signup form. We shall make the New Global Media service available to you pursuant to this agreement. You agree that Your acceptance hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features.

2.2 User subscriptions

User subscriptions are for designated users and should not be shared or used by more than one user. You can create new users by creating new employees in New Global Media. Consult the Getting started-guide and other relevant sources to understand more about this.

When subscribing to this Service, You agree to: a) provide true and complete information about yourself in the signup form and b) maintain and promptly update that information as true and complete. If we have reason to believe that you have provided false or incomplete information, we may delete your account and prevent you from using the Services now or in the future.

2.3 Usage Limitations

Services may be subject to other limitations, such as, but not limited to, limits on disk space, API load, page views and all other third party licenses etc.

3. New Global Media service users

This section identifies the categories of users and acceptable usage conditions for each category of users:

3.1 Categories of Users

This section defines the various categories of users:

• End users – This category of users use New Global Media to manage and run their business. This category has two subcategories:

• Entrepreneurs, business owners, promoters – If you own a business or are thinking of starting a business, New Global Media is the service for you.

• Employees – If you are an employee of a business that uses New Global Media, you can become a user of New Global Media for that employer.

• Competitors – These are competitors of New Global Media or those who intend to compete with New Global Media.

• Data Aggregators – These are users who intend to aggregate information from New Global Media for any purpose.
  
  

3.2 Conditions of usage for End Users

3.3 Conditions of usage for Competitors

If you are a competitor of New Global Media or intend to compete with New Global Media, you may not access our services, except with our prior written consent.

3.4 Conditions of usage for Data Aggregators

If you are a data aggregator, you are not allowed to use New Global Media on another user’s behalf, even if that user provides their credentials to you. If you need to aggregate data from New Global Media, you should become our affiliate and work with us to get your service implemented.

4. Third-Party Providers and New Global Media Service Provider Network Services

This section covers all the clauses covering services provided/performed by third parties, but are either advertised in or integrated into the New Global Media service.

4.1 Community Ratings

In the New Global Media community, participants may rate or comment about products, services and service providers. These ratings are not reflective of New Global Media’s opinions about them and cannot be construed as either our recommendation to use or not use a particular product or service or provider.

4.2 Signing up for third-party services and products

At various points in the business process, New Global Media might offer third party applications for sale or subscription. Any acquisition/use by you of third-party products or services, including but not limited to Third-Party Applications and implementation, customization and other consulting services, and any exchange of data between you and any third-party provider, is solely between you and the applicable third-party provider. We do not warrant or support third-party products or services, whether or not they are designated by us as “certified” or otherwise, except as specified in the signup form.

4.3 Third-party applications and your data

If you subscribe to a third-party service for use with Services, you acknowledge that we may allow providers of those third party applications to access your data as needed by both New Global Media and the third-party service to interact meaningfully. We are not responsible for any disclosure, creation, modification or deletion of your data resulting from any such access by third-party providers.

4.4 Availability of third-party services

Service features that interoperate with third-party services depend on the availability of such services. If a provider de-supports or ceases to make an API available to us, New Global Media may cease to support that provider.

4.5 Performance of third-party services

Third-party service integrations may impact the speed at which a particular transaction can be performed in New Global Media. We are do not take any responsibility of this.

5. Fees, and payment for purchased third-party services

This section covers all the fees, and payments for purchased third-party services.

5.1 User fees

The Paid Service Offerings is provided to you at the price and under terms stated in New Global Media’s website. Except as otherwise specified herein or in New Global Media’s website.

• Fees are quoted and payable in the currency quoted in New Global Media.com.

• Fees are based on services purchased. Additional fees could apply based on actual usage.

• Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise mentioned in section 5.5.

We reserve the right to change the fees and to start charging for use of Services that are currently available free of charge. You will not be charged for using any Services unless you choose to opt for a paid plan.

User subscription fees are based on monthly periods that begin on the subscription start date and each monthly anniversary thereof.

5.2 Invoicing and Payment

You will provide us with valid and up-to-date credit card information or bank account information. You authorize us to charge your credit card or bank account for the initial subscription term and any subsequent renewals. Such charges shall be made in advance, either annually or monthly or quarterly, depending on the nature of the fee. For example, if the fee is a monthly fee you will be billed monthly. If you cancel your subscription at any point, your account will be active until the end of the period that you already paid for. Cancellations will be effective from the next subscription period or until the time the current subscription is completed.

5.3 Suspension of Service and Acceleration

If our attempt to charge your credit card or bank account results in a denial, we may, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the paid services until such amounts are paid in full.

5.4 Taxes

Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction. You are responsible for paying all taxes associated with your purchases. If we have the legal obligation to pay or collect taxes for which you are responsible, the appropriate amount shall be charged to the same credit card or bank account you provide. If you are eligible for any waivers, you have to handle that with the tax authorities for appropriate refunds.

5.5 Refunds

New Global Media, Inc will stop monthly or yearly automatic billing on any proxy account or other New Global Media account or service provided when you opt out of the Paid services. If you sign up for a monthly service and request the service to be cancelled, your account will no longer be rebilled starting with the date of your notification. The Paid Plan service will still be active until the renewal date; at which time the account will be downgraded to a Plan that is free. We will then stop billing your account. New Global Media will refund any charges made, if your request was placed before your rebill date and your account was still charged.

Annual plan fees that are discounted are non refundable.

6. Proprietary Rights

This section details your and our proprietary rights.

6.1 Reservation of Rights

Subject to the limited rights expressly granted herewith, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you other than what is expressly set forth herein.

6.2 Restrictions

You shall not:

• Permit anyone except you and your employees to access the services without our permission.

• Create derivative works based on the services.

• Copy, frame or mirror any part or content of the services, other than for your own internal purposes.

• Reverse engineer our software and services.

• Access the services in order to:

• Build a competitive product or service.

• Copy any features, functions or graphics of the services.
  
  

6.3 User generated content

You are solely responsible for the photos, profiles (including your name and image), messages, notes, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share content on the Service that you did not create or that you do not have permission to post.

6.4 Feature requests

New Global Media encourages users to suggest their ideas for improving the service. We shall have all rights to such requests, suggestions, and any content that is part of that request.

7. Information Protection

You are responsible for all activities that occur in your user account. If there is any unauthorized use of your user account, you should inform us immediately. You are expected to keep your username, password and other sensitive information confidential. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account.

Regarding the protection of your personal information, view New Global Media’s Privacy Policy.

8. Illegal Activities

You will be solely responsible for the activities you use the Services for, and the content you upload or create in the Service. We will take no responsibility to monitor the conduct of any User of the Service. Using the service for transmission of “spam”, “junk mail”, “chain letters”, “phishing” or for unsolicited mass distribution of email is forbidden.

If we have reason to believe that you are using the Services for illegal or unauthorised action, we may eliminate your account and prevent you from using the Services now or in the future.

9. Warranties and Disclaimers

9.1 Our Warranties We warrant that:

• All articles – whether promoting New Global Media usage or general business advice – are provided on an “as is” basis. New Global Media does not make any warranties – expressed or implied – by publishing these articles on our site.

• All the third party services, either software based or not, will be governed by individual agreements between you and the third party service providers. New Global Media does not make any warranties – express or implied – by creating the integration between New Global Media and the various service provider network participants.

For any breach of such warranty, your exclusive remedy shall be as provided in Section 12.2 (Termination for Cause) and Section 5.5 (Refunds).

9.2 Your Warranties

You warrant that you will use the service in accordance with the usage policies outlined in Section 2 and the policies mentioned throughout this Agreement. You also warrant that you will not use the service to do anything unlawful. In cases where you are found to be in conflict the law, New Global Media will always take the side of the law and abide by the law, including releasing information about your activities, data to the appropriate legal authority. For any breach of such warranty:

• New Global Media may suspend your account in all the New Global Media firms that you have access to.

• Your firm may be disallowed to use New Global Media.

• You may be disallowed to open new accounts in New Global Media.
  
  

9.3 Mutual Warranties

Each party represents and warrants that:

• It has the legal power to enter into this Agreement.

• Will obey the factors and clauses stated in this Agreement.
  
  

9.4 Disclaimers

10. Limitation of Liability

IN NO EVENT SHALL APPTIVO BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT.

APPTIVO WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGE, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR LOSS OF PROFITS, INFORMATION OR OTHER LOSS ARISING OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE. IN ANY EVENT OUR ENTIRE LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, 25% OF THE TOTAL ANNUAL DOLLAR AMOUNTS PAID AS FEES TO USE THE SERVICE.

10.1 Force Majeure

Either Party’s performance will be excused, if and to the extent reasonably necessary, in the event that an act of God, war, civil commotion, fire, explosion, or other force majeure event that occurs without the fault or negligence of the non-performing Party prevents timely performance under the Agreement.

11. Indemnification

By agreeing to this Agreement, you agree to indemnify and hold harmless New Global Media, our employees, suppliers and affiliates from and against any losses, damages, fines and expenses, arising out of or relating to any claims that you have used the Service in violation of any law, provisions of the terms or any other claim related to your use of Services, except where such use is authorized by New Global Media.

12. Term and Termination

12.1 Term

The term of this Agreement will commence on the date you accept it and shall remain in full force and effect for one year unless terminated pursuant to the provisions of this Section. Thereafter, this Agreement will be renewed automatically for successive one-year periods unless terminated pursuant to the provisions of this Section.

12.2 Termination for Cause

We reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms.

This Agreement and/or any Work Order(s) issued under it may be terminated by either Party by written notice to the other Party in the event such other Party materially breaches any of its material obligations as set forth in this Agreement and/or any Work Order(s) issued under it and fails to cure such breach within thirty (30) days after written notice thereof from such notifying Party. The termination will occur as follows:

• New Global Media will terminate user/firm by suspending the user/firm. The termination of user account may include denial of access to all Services, deletion of information in your user account, and deletion of all data in your user account. User/firm can terminate New Global Media usage by simply not using the service. New Global Media reserves the right to delete or clean up any unused accounts.
  
  

12.3 Termination for Convenience.

The Client may terminate this Agreement for convenience any time by not using the service. Annual Plan fees that are discounted are non refundable.

12.4 Survival

Provisions of this Agreement which by their express terms or context impose continuing obligations on the Parties will survive the expiration or termination of this Agreement for any reason.

13. General Provisions

This section contains all the general provisions of this agreement.

13.1 Export Compliance

Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing:

• Each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports.

• You shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction.
  
  

13.2 Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency and fiduciary or employment relationship between the parties.

13.3 The Agreements

This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In addition to this agreement other information provided by us, such as but not limited to the Privacy Policy, should be taken into consideration. In the event of a conflict between this agreement and other information provided by us, The Master Subscription Agreement shall prevail.

13.4 Waiver and Cumulative Remedies

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

13.5 Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

13.6 Arbitration and attorney fees

You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this agreement following your breach of this agreement.

13.7 Communication from New Global Media

We may communicate with you through emails, newsletters and service announcements. You can unsubscribe from our Newsletter but you will not be able to opt-out from receiving service announcements and administrative messages.

14. Trademark

New Global Media is a trademark of New Global Media Inc. You agree not to display or use, in any manner, the New Global Media trademark without our prior permission.

15. Modification of terms

This Agreement supersedes any previous Agreement to which you and New Global Media may have been bound. This Agreement may be modified by New Global Media in its sole discretion from time to time and such modifications will become part of this Agreement and will be effective once posted by New Global Media on the Website. You should review the Website and this Agreement from time to time for any modifications. Your continued use of the Service will be taken as your agreement to the modified Terms.

End of Agreement:

You can address any comments or questions regarding this agreement to support@newglobalmedia.co.uk.

This Agreement was last updated on February 01, 2021.

This website is operated by New Global Media and whose registered address is New Global Media, Panorama Tce, Green Point NSW 2251, Australia. (“We”) are committed to protecting and preserving the privacy of our visitors when visiting our site or communicating electronically with us.

This policy sets out how we process any personal data we collect from you or that you provide to us through our website. We confirm that we will keep your information secure and that we will comply fully with all applicable UK Data Protection legislation and regulations. Please read the following carefully to understand what happens to personal data that you choose to provide to us, or that we collect from you when you visit this site. By visiting newglobalmedia.co.uk or newglobal.media (our website) you are accepting and consenting to the practices described in this policy.

Types of information we may collect from you

We may collect, store and use the following kinds of personal information about individuals who visit and use our website:

Information you supply to us. You may supply us with information about you by filling in forms on our website. This includes information you provide when you submit a contact/enquiry form. The information you give us may include your name, address, e-mail address and phone number.

Information our website automatically collects about you. With regard to each of your visits to our website we may automatically collect information including the following:

technical information, including a truncated and anonymised version of your Internet protocol (IP) address, browser type and version, operating system and platform; information about your visit, including what pages you visit, how long you are on the site, how you got to the site (including date and time); page response times, length of visit, what you click on, documents downloaded and download errors.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

How we may use the information we collect

We use the information in the following ways: for retargeting adverts, CRM and email marketing, newsletters and all one-to-one communications.

Information you supply to us. We will use this information only for communicating with you or your business. We do not sell or share your details with anyone. Your information is only used to provide you with information about us or services that you request from us, ie. other marketing communications or services.

Information we automatically collect about you. We will use this information:

to administer our site including troubleshooting and statistical purposes;

to improve our site to ensure that content is presented in the most effective manner for you and for your computer; security and debugging as part of our efforts to keep our site safe and secure.

This information is collected anonymously and is not linked to information that identifies you as an individual. We use Google Analytics to track this information. Find out how Google uses your data at https://support.google.com/analytics/answer/6004245.

Disclosure of your information

Any information you provide to us will either be emailed directly to us or may be stored on a secure server located near Sydney within Australia. We use a trusted third party website and hosting provider to facilitate the running and management of this website. Your data is stored and meets high data protection and security standards and are bound by contract to keep any information they process on our behalf confidential. Any data that may be collected through this website is kept secure and only processed in the manner we instruct them to. Nobody can access, provide, rectify or delete any data that they store on our behalf without permission.

We do not rent, sell or share personal information about you with other people or non-affiliated companies.

We will use all reasonable efforts to ensure that your personal data is not disclosed to regional/national institutions and authorities, unless required by law or other regulations.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Third party links

Our site may, from time to time, contain links to and from the third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Your rights – access to your personal data

You have the right to ensure that your personal data is being processed lawfully (“Subject Access Right”). Your subject access right can be exercised in accordance with data protection laws and regulations. Any subject access request must be made in writing to New Global Media or via email: support@newglobalmedia.co.uk. We will provide your personal data to you within the statutory time frames. To enable us to trace any of your personal data that we may be holding, we may need to request further information from you. If you have a complaint about how we have used your information, you have the right to complain to the Information Commissioner’s Office (ICO).

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@newglobalmedia.co.uk.