RULES AND GUIDELINES – GENERAL
We believe that consumers should always be put first with sponsored posts. Therefore, both influencers and brands need to ensure they apply the latest best practice so that no campaign or post is false or misleading. Influnite expects that all users comply with all applicable laws and industry self regulation. This means that all influencer marketing posts facilitated through Influnite should be transparent and labeled with appropriate disclosures.
RULES AND GUIDELINES – BRAND
Be responsive. Please appreciate the energy each Influencer has invested into their post proposals by responding to each one quickly. This will also prevent Influencers having a negative experience with your brand.
RULES AND GUIDELINES – INFLUENCER
Time is the essence. Post must stay on the top of your feed for minimum 10 hours and on your platform for 30 days. Plus content must not have been published anywhere prior to you submitting it to the brand.
Authenticity is the key. If you wouldn’t recommend the brand for free – don’t recommend it for money.
All imagery submitted must be owned and captured by you, unless otherwise directed by the brand. We work exclusively with Influencers who’ve organically grown their audience, therefore if you’re misrepresenting the size of your audience or engagement in your content, we reserve the right terminate your INFLUNITEaccount.
Quality over quantity. If you’re seen to be recommending competing brands in quick succession or over-populating your feed with sponsored posts, you’ll lose credibility with your audience.
1.1 . THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1.3. The domain name www.influnite.com (hereinafter referred to as the “Website”) is owned by QWERTY MARKETING SOLUTIONS PRIVATE LIMITED (“INFLUNITE”), a company registered under The Companies Act, 1956 and having its registered office at B-Rear, Ground Floor, Jayawant CHS, Madan Mohan, Malviya Marg, Dadarkar Compound Tardeo, Mumbai, Maharashtra, India- 400034.
2. ACCEPTANCE OF TERMS
2.3. As a condition of your access to and use of the Website, you agree that you will comply with all applicable laws and regulations when using the Website.
2.4 INFLUNITE reserves the right, at its sole discretion, to change, modify, add or remove all or any part of these Terms, at any time without any prior notice to you. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, INFLUNITE grants you a non-exclusive, nontransferable, limited privilege to access and use the Website.
2.5 The Website may contain areas or services in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.
3 . MEMBERSHIP ELIGIBILITY
3.1Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. INFLUNITE reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to INFLUNITE’s notice or if it is discovered that such person is not eligible to use the Website.
4 . OPENING AN ACCOUNT
4.2In order to use the Website, as part of the registration process, you will be required to provide certain information and details, including an e-mail id and any other information deemed necessary by INFLUNITE (“Account”). You hereby acknowledge that you will be fully responsible for all activities that occur under your Account.
4.3 While registering with the Website to use the Website, you shall not:
4.3.1.create an Account for anyone other than yourself, unless such person’s prior permission has been obtained;
4.3.2. use an Account that is the name of another person or company or brand with the intent to impersonate that person or company or brand;
4.3.3. use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
4.3.4. create more than one Account on the Website.
4.4 . You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through your Account. INFLUNITE and its affiliates / partners are not liable for any harm caused by or related to the theft of your ID, disclosure of your Account/ account information by you or your authorization to allow another person to access and use the Website using your Account. However, you may be liable to INFLUNITE and its affiliates / partners for the losses caused to them due to such unauthorized use. In case of any misappropriation or unauthorised access of the Account you agree to communicate the same promptly to INFLUNITE. Any response from INFLUNITE regarding this will be sent to the e-mail address which was used at the time of sign up. You shall ensure that you exit from the Account at the end of each session.
4.5 . You shall ensure that the account information provided by you is complete, accurate and up-todate. In case you wish to update or correct the information provided by you, you may do so by visiting “Edit Profile” section on the Website, or by writing to INFLUNITE at [email protected] Furthermore, if you wish to remove your profile from the Website, you may do so by writing to INFLUNITE at [email protected]
4.6. Use of another user’s account information for using the Website is expressly prohibited.
4.7. You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if INFLUNITE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, INFLUNITE shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.
4.8. The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. INFLUNITE reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
5 . TERMS AND CONDITIONS OF THE WEBSITE :
5.1 . The INFLUNITE Platform allows Brands to create Influencer Marketing Campaigns, which are then shared with Influencers. Influencers can respond to a Campaign by fulfilling the tasks mentioned, creating Content and submitting it to the relevant Brand for approval. Influencers earn monetary compensation or receive products in barter when:
5.1.1. The Influencer fulfils the tasks mentioned in the campaig
5.1.2 . In relation to Influencer Marketing Campaigns, a Brand approves a Post and the Post is published to the Influencer’s Community via his or her Channels, as selected; or
5.3 . Influencers and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the INFLUNITE Platform. Without limiting any other rights or remedies available to INFLUNITE, any attempt to circumvent the INFLUNITE Platform may result in removal from the INFLUNITE Platform at INFLUNITE‘s sole discretion.
5.4 . You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the INFLUNITE Platform to a human perceivable form; distribute or republish any element of the INFLUNITE Platform in any way; resell, rent, lease or lend any element of the INFLUNITE Platform; defeat, disable or circumvent any security feature of the INFLUNITE Platform; or transfer any element of the INFLUNITE Platform to any third party.
5.5 .You are solely responsible for your interactions with other users of the INFLUNITE Platform. You agree that INFLUNITE is not responsible for the conduct of any user.
5.6 . You must not engage in crawling, scraping, caching or otherwise accessing any content on the INFLUNITE Platform via automated means, except with INFLUNITE‘s written consent.
5.9. You acknowledge and understand that you are solely responsible for content you upload, post, publish, transmit or otherwise make available on your social media channels or the Website, subject to these Terms (“User Content”). You hereby undertake that while posting any User Content you shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any User Content that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986. You agree that for such posts, INFLUNITE shall also be entitled to take all action available to it, including black-listing or blocking you from using the Website.
5.11 . INFLUNITE may review your conduct for compliance purposes, but shall have no obligation to do so. Accordingly, INFLUNITE shall have the right, but not the obligation, to monitor access to or use of the Website to ensure your compliance with these Terms or applicable laws or other legal requirements, at its sole discretion. INFLUNITE further reserves the right to remove any User Content from the Website for any reason, without prior notice to you.
5.12 . INFLUNITE does not claim ownership of any User Content that you post on or through the social media channels for a particular Campaign.
5.14 . You represent and warrant that (i) you own the User Content posted by you on your social media channels and subsequently posted on the Website in accordance with these Terms or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you have obtained all relevant consents and approvals in order to post any User Content; and (iii) the posting and use of your User Content on the Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You further represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.
5.15 . In case a third party or content of a third party appears in the User Content, you confirm that you have obtained prior consent of such third party before uploading or posting such User Content and are legally entitled to post the material and to grant Influnite all of the rights granted herein. You further agree that you shall indemnify INFLUNITE against any and all claims raised by such third party with respect to the User Content.
5.17. Following termination or deactivation of your account, or if you remove any User Content from the Services, the licenses you have granted herein shall expire within a commercially reasonable period of time. However, we may retain your User Content for backup, archival, or audit purposes indefinitely.
5.18 . You shall not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website and your User Content, including but not limited to, copyright laws.
5.19 . The provision of services on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. INFLUNITEstrives to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and INFLUNITE isn’t liable for any disruption or loss you may suffer as a result.
5.20 . INFLUNITE may discontinue some or all of the services provided on the Website, including certain features and the support for certain devices and platforms, at any time.
5.21 . INFLUNITE shall not be held liable for any loss of data, technical or otherwise, information, particulars supplied by you, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond the reasonable control of INFLUNITE and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of INFLUNITE and which INFLUNITE is not able to overcome.
5.22 . INFLUNITE and the relevant Influencer and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by INFLUNITE and the relevant Influencer and Brand before publication.
5.23 . ADDITIONAL TERMS FOR applicable only to INFLUENCERS participating in the INFLUNITE Platform
5.23.1. Influencer Eligibility
- Have at least 1000 followers on the Influencer’s Channels;
- Influencer’s Channels must be public (viewable by anyone);
- have at least 20 post;
5.23.2. If you do not meet the minimum standard in condition 5.23.1 above, you may not be able to participate in Campaigns or access the full functionality of the INFLUNITE Platform.
5.23.3. In order to submit a Post, an Influencer must connect their Instagram account, Twitter account, Facebook Page or other social media account in the manner required.
5.23.5. When required by law, influencers must clearly disclose in sponsored Posts their relationship with the Brand. INFLUNITE requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Influencer and the Brand. This may be achieved through the use of hashtags such as #advertisement, #sponsored or #ad or through other means suitable to your particular circumstances, Community and Channels. INFLUNITE reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers in relation to particular Posts or your Channels generally and to require greater levels of disclosure (at INFLUNITE‘s sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from the INFLUNITE Platform.
5.23.6.You warrant, in respect of each Post and all Paid Content you upload to the Application, submit to a Brand for approval, or publish to a Channel via the INFLUNITE Platform, that:
- the relevant Post or Paid Content does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
- any and all opinions and views stated in the relevant Post or Paid Content are genuinely held by you;
- and any and all statements in the relevant Post or Paid Content regarding your use and experience of the Brand or the Brand’s products or services are true and correct and representative of your opinion regardless of whether you are paid for such content or not, and fairly represent your use and experience and you will promptly notify INFLUNITE if your opinion of the Brand changes from that which you have expressed to date;
- the relevant Post or Paid Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- the relevant Post or Paid Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;
- the use of the Post or Paid Content and the exercise of the Intellectual Property Rights in the relevant Post or Paid Content by the Brand and INFLUNITEwill not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.
5.23.9. In consideration of Payment of the Post Fee, the Influencer agrees to grant to the brand (and its agents) in respect of each and every Post:
- the right to organically share, comment upon and organically re-post the relevant Post in the social media channel upon which the Post was published, for a period of thirty (30) days expiring on the thirtieth day after the Post was first published; and
- the right to use the Influencer’s Identity and performances in the Post and to communicate the post to the public and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media
5.23.10 . As an Influencer, you agree that you will not:
- delay posting your Post after the Brand has given its approval to your Post and you must publish your approved Post no later than 48 hours after receiving notification of the Brand’s approval (unless the Brand stipulates a different timeline);
- for a period of five (5) hours after a Post is published, post, share, repost any other posts or content to that Channel where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;
- remove the Post from your Channels for a period of 30 days after the Post is published, expiring at 11:59pm on the thirtieth calendar day after the Post is published;
- parody, disparage, give any adverse comment or make fun of the Brand or its products of services generally in any way;
- create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post or the Brand or its products or services; and
- grant any further rights in a Post to a Brand without the written permission of INFLUNITE and appropriate fees being negotiated on a reasonable basis. INFLUNITE will charge a reasonable service fee for negotiating any use extensions between you and a Brand; and
- accept or attempt to negotiate with a Brand more than one Post per Post Fee.
5.23.11. Influencer Relationship with INFLUNITE and the Brand
- As an Influencer, you will at all times perform your obligations and provide Content or Posts to INFLUNITE and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither INFLUNITE nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either INFLUNITE or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
- You acknowledge that INFLUNITE has not made any guarantees in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise.
- You agree that you (and your agents) will not negotiate terms or payment from Brands outside the INFLUNITE Platform. Any attempt to circumvent the INFLUNITE Platform may result in the removal of you from the INFLUNITE Platform in INFLUNITE’s sole discretion.
5.23.12. Barter & Content only campaigns
5.24. ADDITIONAL TERMS FOR BRANDS
5.24.1. To register a Brand Account, you must create a Brand Account in in the manner required, including providing your full name, email address, telephone number and password, and providing payment details where requested. You will not be charged to create a Brand Account.
5.24.2. INFLUNITE may, at its sole discretion, implement/change the minimum spend for Brand Accounts.
5.24.3. You agree not to misrepresent or impersonate any brand, company or individual while using the website or creating a campaign. Further, you agree to indemnify Influnite entirely against any such claims raised against Influnite due to your usage of the website.
5.24.4. Brand agrees to grant in respect of all Content uploaded to the INFLUNITE Platform as part of a Campaign:
- to grant to INFLUNITE (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Content for the purpose of marketing and promoting INFLUNITE (and its products and services) in any manner, without further notification to or consent of the Brand or any compensation payable to the Brand; and
5.24.6. With respect to Content Only Campaigns, Brand acknowledges and agrees that the Brand’s use of any Paid Content is strictly conditional upon payment of the Paid Content Fee.
5.24.7. INFLUNITE has the right to cancel, suspend, restrict services to and/or terminate a Brand’s account if INFLUNITE believes (in its sole discretion) that the Brand is not using the INFLUNITE Platform in a fair and reasonable way, or are attempting to use the INFLUNITE Platform in a way which does not treat the Influencers or the INFLUNITE Platform in a fair and reasonable way and/or in accordance with the purposes for which the INFLUNITE Platform were intended.
5.24.8. INFLUNITE in its sole discretion reserves the right to reject Campaigns.
5.24.9. You agree that you will not negotiate terms or payment to Influencers outside the INFLUNITE Platform. Any attempt to circumvent the INFLUNITE Platform may result in the removal of the Brand from the INFLUNITE Platform in INFLUNITE’s sole discretion. Each Post shall have a Post Fee and all Paid Content shall have a Paid Content Fee, and Brands and Influencers may not circumvent the Post Fee or Paid Content Fee by negotiating or attempting to negotiate multiple Posts or Paid Content for Post Fees or Paid Content Fees.
5.24.10. You must not attempt to instruct, coerce or manipulate Influencer to hide the commercial relationship between the Brand and the Influencer. Such attempts may result in Brand being immediately removed from the INFLUNITE Platform.
5.24.12. You warrant that:
- you will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have;
- any Content you upload to the INFLUNITE Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; and
- where the Paid Content or Posts include Third Party Material, you will strictly comply with any use limitations notified to you in respect of the Third Party Material and will obtain all licenses required for your intended use of the Post or Paid Content prior to use of such Post or Paid Content, including obtaining any licenses required with respect to Third Party Material.
5.24.14. Brand agrees that INFLUNITE is not responsible for any aspect of the Brand’s Content to be reviewed, shared, sponsored or advertised by Influencers. Brand acknowledges and agrees that INFLUNITE is not responsible or liable for the content of any Post.
5.24.15. Brand acknowledges that Influencers are independent third parties and not directly controlled by INFLUNITE. As a consequence, any Posts will inherently risk negative or unflattering comments about Brand’s content, products or services. Brand specifically acknowledges and agrees that INFLUNITE has no control over any Post that may be published and that Brand is solely responsible (and assumes all liability and risk) for determining whether such Post are acceptable and appropriate to the Brand.
5.24.16. You acknowledge that INFLUNITE has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Post, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.
6.1 . Registration on INFLUNITE is free. INFLUNITE does not charge any fee for browsing but there are applicable charges for using its services, subscribing and buying content on INFLUNITE. In addition, INFLUNITE reserves the right to charge fee and change its policies from time to time. In particular, INFLUNITE may at its sole discretion introduce new services and modify some or all of the existing services offered on the INFLUNITE. In such an event INFLUNITE reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on INFLUNITE. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to INFLUNITE.
6.2 . We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, or for Incorrect charges levied due to any technical error.
7 . Payment
7.1 . Influencer compensation
7.1.1.In relation to Influencer Marketing Campaigns, once a Post has been approved by a Brand, you are required to publish the Post to your relevant Channel through the Influnite platform in the manner required or submit the link within 48 hours of the Post being approved. You will not have an opportunity to edit a Post after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts. Influnite merely provides a service allowing Brands to approve Posts before publication, but the publishing of Posts via the Influnite Platform remains your responsibility.
7.1.3.You acknowledge and agree that the relevant Brand, not Influnite, will be solely liable for Payment of the applicable Post Fee for the approved Post. Influnite merely facilitates such Payment on behalf of the Brand and, while Influnite may remit payment to the Influencer directly to the account details provided by Influencer, under no circumstances does Influnite accept liability for Payment of the Fee. You agree that you will not pursue any actions, legal or otherwise, against Influnite for any non-payment, and that this provision constitutes a bar to any such proceedings
7.2 . Payment Terms for Brands
7.2.2.You must pay all charges in the manner set out in the INFLUNITE Platform or as otherwise advised by INFLUNITE in writing from time to time. If no manner for payment is stated, the payment must be made via the payment portal provided by Influnite.
7.2.3.Brands will be required to pay in full the Post Fees of the influencer, Influnite service charges and any other charges, before starting any work with the influencer. This amount will be securely held by Influnite and will only be released to the influencer after the approval of the influencers post. Incase of any discrepancies or concerns with the post, Influnite’s decision will be final and binding on both the Influencer and the Brand.
7.2.4.After submission of the post by the Influencer on the Website, Brands will have 24 hours to raise any concerns or issues with the post on the website. In case no concerns are raised, Influnite will deem the post appropriate in accordance to these Terms and the specific terms mentioned in the campaign and will automatically approve the post and initiate the payment.
7.2.5.If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than Rs. 1000.00 per month. We also reserve the right to remove your access from the Influnite Platform. You may also be liable to pay interest on any amount outstanding on the date the payment becomes due and you may also be responsible for all reasonable expenses incurred by us as a result of such late payment (including but not limited to costs incurred by us to recover any unpaid amounts). Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the Influnite Platform or to suspend or terminate any current Campaigns.
8. RETURN OF MATERIALS
8.1 . Unless otherwise instructed by INFLUNITE, all categories of the Website users participating in Campaign shall return the goods, materials, equipments, devices or any other thing provided to them by INFLUNITE (“Materials”) for use in the Campaign.
8.2 . The Materials shall be returned by the users within 7 (Seven) days from the end of the Campaign, to the person designated by INFLUNITE OR directly to the brand in good condition without any damage and/ or loss caused to the Materials.
8.3 . In case there is any damage and/ or loss caused to the Materials due to an act or omission of the Website user, the user shall forthwith upon demand by INFLUNITE without protest, pay the amount equal to the value of the Material in question to INFLUNITE.
9. USE OF THE WEBSITE
9.1 You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
9.1.1. belongs to another person or entity and to which you do not have any right.
9.1.2 . is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
9.1.3. is misleading in any way.
9.1.4 . involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
9.1.5. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity.
9.1.6. provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.
9.1.7. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
9.1.8. engages in commercial activities using the Website (other than that intended under these Terms) without INFLUNITE’s prior written consent.
9.1.9. interferes with another user’s use of the Website.
9.1.10. refers to any website or URL that, in INFLUNITE’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
9.1.11. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
9.1.12. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
9.1.3. violates any law for the time being in force.
9.2 You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.
10 . FEEDBACK
10.1.The Website may allow you to post your review and experience of using the Website (“Reviews“) in order to improve the Website and the user experience.
10.2 . You, being the originator of the Reviews, are responsible for the Reviews that you upload, post, publish, transmit or otherwise make available on the Website. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that INFLUNITE is not responsible or liable for any Reviews. INFLUNITE reserves the right to disable access to the Reviews on the Website.
10.3 . You hereby grant INFLUNITE a perpetual, non-revocable, worldwide, royalty-free and sublicensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by INFLUNITE in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by INFLUNITE.
13 . LINKS TO THIRD PARTY WEBSITES
13.1 The Website may contain links and interactive functionality interacting with the websites of third parties. INFLUNITE is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, INFLUNITE strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information sharing functions of each such third-party website.
14 . COMMUNICATIONS
14.1 When You use the Website or send emails or other data, information or communication to INFLUNITE, You agree and understand that You are communicating with INFLUNITE through electronic records and You consent to receive communications via electronic records from INFLUNITE periodically and as and when required. INFLUNITE may communicate with You by email or by such other mode of communication, electronic or otherwise.
15 . REPRESENTATIONS
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
16 . LIMITATION OF LIABILITY
You hereby acknowledge that INFLUNITE shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. INFLUNITE shall also not be liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential. INFLUNITE shall not be liable under any circumstances for damages arising out of or in any way related to services and/or information offered or provided by third-party vendors accessed through the Website.
INFLUNITE shall not be liable for any action taken against you by the brand owners as a result of any breach of these Terms or any brand guidelines issued by the respective brand owners. You acknowledge that you shall be solely responsible for any such breach.
17 . DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY INFLUNITE ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. INFLUNITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. INFLUNITE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. INFLUNITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, INFLUNITE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
18 . INDEMNIFICATION
19 . CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- INFLUNITE solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Website and its Contents and is protected under Indian law.
- You hereby acknowledge that the Website and its Contents constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by INFLUNITE and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of INFLUNITE and such others. You thereby agree to protect the proprietary rights of INFLUNITE during and after the term of these Terms. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for the purpose intended by these Terms.
- Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.
20 . TERMINATION OF ACCESS TO YOUR ACCOUNT
- The Account can be terminated at any time by:
- You; by ceasing to use the Website.
- INFLUNITE; in its sole discretion for any reason or no reason including your violation of these Terms or lack of use of the Website. You acknowledge that the termination of services may be affected without any prior notice, and INFLUNITE may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the Website. Further, you agree that INFLUNITE shall not be liable for any discontinuation or termination of services by any third party.
- The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
22 . GOVERNING LAW
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India.
23 . ASSIGNMENT
It is expressly agreed by the parties that INFLUNITE may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to you, except to the extent provided by law.
24. GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Yash Sakhlecha
Address: B-Rear, Ground Floor, Jayawant CHS, Madan Mohan, Malviya Marg, Dadarkar Compound Tardeo, Mumbai, Maharashtra, India- 400034.
E-mail: [email protected]
If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
25 . HOW TO CONTACT US
If you have questions or concerns about these Terms, please contact Influnite at [email protected]