Term of Uses

General Conditions of Sales and Uses

1. Preamble The Ginkoo platform (hereinafter “the Platform”) is operated by the company AZ Medias Limited, registered under number [Registration number to be inserted], registered at the following address: OFFICE C 23/F COS CTR, 56 TSUN YIP ST KWN TONG KLN, Hong Kong (hereinafter “the Company”). Email address: pbnpremium@gmail.com.

These General Conditions of Sale and Use (“CGV”) govern access and use of the Platform as well as the contractual relations between the Company, advertisers (“Customers”) and publishers (“Partners”).

2. Definitions

Platform : Online space allowing connections between Customers and Partners for the publication of sponsored content.
Client : Natural or legal person using the Platform to purchase netlinking services.
Partner : Owner of a website offering advertising space via the Platform.
Sponsored content : Articles or links promoted on Partner sites on behalf of Clients.
Journalists and Editors : Service providers offering personalized content ordered by Customers via the Platform.

3. Registration and access to the Platform

Registration on the Platform is reserved for professionals with the legal capacity to carry out commercial transactions.
Each user must provide accurate and complete information when registering. In the event of a false declaration or erroneous information, the Company reserves the right to suspend or delete the user’s account and to claim compensation for any damage suffered. Any updating of information is the responsibility of the user.
Access to the Platform requires a strictly personal username and password.
In the event of deletion or prolonged inactivity (more than 12 months), the Company reserves the right to deactivate a user account. A deactivated account can be reactivated upon request within a maximum period of one year.

4. Services offered

Publishing sponsored content : Provision of advertising space on the Partners’ sites.
Content writing : Possibility for Customers to order the creation of personalized items.
Publication tracking : Management and verification of the posting of content online.
Guarantees : Publications are insured for a minimum period of 12 months from the date of publication, except in the event of resale of the partner website or technical problem. In the event of unjustified premature withdrawal, the Company undertakes to offer an equivalent replacement or a proportional refund, provided that the Customer requests this within 14 days of withdrawal.
Verification and modifications : The Client has a period of 3 working days from the time it is put online to check the conformity of the publication and report any error. Any modification request after this deadline may be subject to additional fees.

5. Orders and payments

Orders must be placed via the Platform by selecting Partner offers.
Prices are indicated excluding taxes and include costs related to the use of the Platform.
Payment is made by credit card via Stripe or by PayPal. Funds are debited upon order confirmation.
Any late payment beyond 7 days following an invoice results in a flat rate fee of 40 euros for recovery, in accordance with article L441-10 of the Commercial Code, and late payment interest of 15% calculated on an annual basis.
Any order that has been processed is definitively due and cannot be canceled. However, an order not yet processed can be canceled within a maximum of 24 hours following its validation.
Any claims or disputes regarding payment processing must be made in writing within a reasonable time after the transaction.

6. Obligations of the parties

From the Customer : Provide content that complies with current laws and hold the necessary rights to the elements provided (texts, images, etc.).
From the Partner : Guarantee the publication of content within the agreed deadlines and respect the acceptance criteria previously defined. The Partner is required to report any illegal content before publication.
From the Company : Ensure the connection and proper technical functioning of the Platform. The Company’s liability is limited to the amounts actually paid by the Customer for the service concerned, except in the event of intentional or serious misconduct.
The customer who places an order for an item unconditionally accepts a maximum period of 30 days from the order date for their sponsored item to be online. Otherwise, he may request a refund.
In the event of non-compliance with deadlines or specifications, recourse will be taken according to the terms agreed with the Partners.

7. Intellectual property

Clients retain ownership of content submitted via the Platform.
Partners may only modify or use content provided by Customers for the purposes of fulfilling orders.
The rights to use the Platform remain the exclusive property of the Company.
The intellectual property rights to the content written at the Client’s request by third-party editors are transferred to the Client after full payment.

8. Liability

The Company cannot be held responsible for the consequences linked to illicit content or third-party rights not respected by the Client.
Service interruptions due to maintenance operations or force majeure cannot engage the Company’s liability.
The Company cannot be held responsible for inaccuracies in the metrics provided by Partners or the performance of publications.
Any disputes between Customers and Partners must be resolved directly between them. However, the Company may intervene as a mediator.

9. Complaints and disputes

Any complaint must be sent to the following email address: pbnpremium@gmail.com.
Complaints must be sent within a maximum of 7 days following the event giving rise to the complaint. The Company undertakes to acknowledge receipt of the complaint within 48 hours and to provide a response within 14 working days.
In the event of a dispute, the parties undertake to seek an amicable solution before resorting to legal proceedings. A mandatory mediation clause will be put in place before any legal action.
For any unresolved dispute, the competent courts are those of the High Court of Hong Kong.
The applicable law is that in force in Hong Kong.

10. Duration and termination

The contract between a user and the Company is concluded for an indefinite period.
Either party may terminate the contract with 30 days’ notice, except in the event of a serious breach of these General Terms and Conditions.

11. Personal data

The information collected on the Platform is processed in accordance with the Privacy Policy.
Users have the right to access, rectify and delete their personal data.

12. Modification of the General Conditions of Sale

The Company reserves the right to modify these General Terms and Conditions at any time. Modifications will be notified to users by e-mail or via the Platform.].