The term Platform includes the content on the Platform, all the features provided on or through the Platform (the “Platform Services”) and any software that is available on or through the Platform (the “Software”), unless otherwise specified. Clanify Media Pvt. Ltd., operates the Platform and is referred as “We/us/our”’ hereinafter.
- If you are using the Platform Services as an Influencer, please click here to read the Term of use.
- If using the Platform Services as a Brand Owner, please click here to read the Term of use.
Individuals who visit the Site to avail the Platform Services are referred to as Users. You must be 18 years of age, or the age of majority in your province, territory, or country, to access the Platform. Minors may only access the Platform under the supervision of an adult. If you access the Platform or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, you and your will refer to that legal entity.
- The Platform is an online influencer marketplace which allows Brand Owners to cooperate and frame associations with Influencers. The Platform enables the Influencers to create and distribute sponsored posts on their Social Media Channels such as Twitter, Instagram, YouTube and/or Facebook. Utilizing the Platform, the Brand Owners and the Influencers can buy and sell paid content.
- You understand and agree that we are not involved in the agreements and communications between users and do not refer or endorse or recommend particular Brands or Influencers.
- Users are responsible for investigating and verifying to the extent they deem necessary the identity and credentials of other users contacted via the Platform. By using the Platform Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user(s) or other third party(ies) who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from, us with respect to such actions or omissions.
- By installing, downloading, browsing, or using the Platform, you hereby acknowledge that we are not responsible or liable in any manner to comply with any local laws of your territory if our services are not specifically being provided in your Territory.
Registering An Account
- Brand Owner: To register as a Brand Owner, you must access the Campaign Building feature on the Platform and log in by providing your full name, email address, telephone number and password. You will be directed to select your preferred payment method (invoice or credit card) and payment details.
- Influencer: To register as an Influencer, you will have to download the App from the play store and create an account.
- All information provided when registering an Account must be current, correct, and complete. Incomplete, ineligible, or incomprehensible account registrations will not be valid. You must be logged in to your account in the manner required each time you wish to use the Platform. You may never use another’s Account without their permission.
- You are responsible for maintaining the strict confidentiality of your account details and for any activity under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security. It is your sole responsibility to control access to and use of your account and to notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
- The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. We reserve the right to suspend or terminate your Account if it believes you are engaging in such activity.
- Users understand that in creating an account they are providing their information to us and not to any social media platform. Users of the platform (whether influencers or brands) are solely responsible and liable for any content or information they transmit to other users. To the extent permitted by law, each user of the platform agrees to indemnify, defend, and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses, and damages (of any nature) which may be incurred by the user in respect of their use of the platform. Any questions, comments or complaints about the platform must be directed to and not to any media or social media platforms. For the purposes of this provision, we contract on our own behalf and also on behalf of the social media platforms and, accordingly, may act in that capacity to recover on behalf of the social media platforms where acts or omissions cause loss or damage to such social media platforms or to us. We reserve the right to refuse or cancel registration of an account for any reason in its sole discretion. Any decision of us is final and no correspondence will be entered into.
- The Platform comprises of two separate Modules
- The feature provides for Discovery of potential Influencers listed on the Platform or other Social Media sites. The feature provides for Discovery of Influencers and is solely for the purpose discovering prospective Influencers. In this Module we will be showing a list of all the influencers to the Brand Owners.
- We through our third-party data recommendation system may also share Influencers profile/proposal with the Brand Owners. The data pertaining to any Influencer that we would be sharing with Brand Owners has been provided by third parties. Despite the fact that we try to cross check this data, we do not commit that the information provided is absolutely accurate and up to date. We are not liable for any information provided on the Platform which might be inaccurate or misleading.
- If you come across any such discrepancy, you may please contact us as per the Contact information provided.
Campaign Creation Module
- The feature provides a mechanism to create an end-to-end campaign amongst the users. The Module also provides you with an In-app chat system through which users may contact each other. You agree that you will not negotiate any terms or payment with the other users outside the Platform. Any attempt to circumvent the Platform may result in the removal of you from the Platform as per our sole discretion.
- Once a Brand Owners makes a campaign live, the Influencer shall receive a notification on his/her registered account. The brand themselves may reach out to certain set of influencers they are interested in working with. The Brand Owner may direct Influencers with their own set of requirements for the Campaign to create the desired paid content and social media posts (“content”). The Brand Owner may also send Influencers specific products for the Campaign. The users shall be solely responsible for creating all paid content and posts that form part of their Campaign.
- You also understand and acknowledge that we do not edit, modify, filter, screen, monitor, endorse or guarantee content or the content of communications between users.
Post campaign analysis
- The Platform provides for a post campaign analysis. The overall performance & individual Influencer performance will be shown to the Brand Owner on their dashboard through a third-party API. The Influencer can also check his/her performance on the dashboard provided on the Platform
Fee and Payments
- The campaign budget as negotiated between the users will automatically be calculated by the Platform. We charge a nominal commission for each Post.
- Before receiving any Payments, the user will be asked to provide financial details including your nominated bank account or payment gateway account details, whether or not you are registered for GST (in India). It is user’s responsibility to notify us in the event that you are registered for and liable to pay GST as applicable, and to keep us up to date with your registered GST details as applicable.
Intellectual Property Rights
- For Influencer
In consideration of payment received by the Influencer, the Influencer agrees to grant in respect of each and every Post to us and (and our agents)
- the right to edit and re-format the Post into such formats or versions for use by us in such media as we require in accordance with this clause
- a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Post for the purpose of marketing and promoting us (and our products and services) in any manner, without further notification to or consent or any further compensation payable to the Influencer;
- The right to use the Identity and performances in the Post and to communicate the Post to the public in all languages, in all media including but not limited to: all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to our website and our internal communications); in all social media (including but not limited to our social media channels); 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).
- to the relevant Brand (and its agents):
- 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 at 11:59pm 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).
- In the event that the Brand Owner wants to reproduce the content on other Social Media Sites, they shall be required to procure a separate license from you for a separate consideration. You agree that any such license shall be granted through the Platform only.
- The users can avail the services of an integrated third-party shipping module to ship/track the products to one another. The shipping service is maintained and controlled by a third party. Any shipping order made shall be as per the terms and conditions of the third-party website. We are not liable for any transactions made on the shipping website. You are requested to read the terms and condition of the shipping website.
Prohibited Use of The Platform
By accessing the Platform, you agree that you will not:
- Use the Platform in any manner that damages, disables, overburdens, or impairs the Platform or interferes with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to the Site;
- Use the Platform for any purpose or in any manner that is unlawful or prohibited by this Agreement.
- falsely describe any product or service; or
- give a false guarantee to, or which is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or
- convey an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or
- deliberately conceal important information;
- make any statement, whether orally or in writing or by visible representation falsely represents that the goods or services are of a particular standard, quality, quantity, grade, composition, style, or model;
- represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;
- represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;
- makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;
- gives to the public any warranty or guarantee of the performance, efficacy, or length of life of a product or of any goods that is not based on an adequate or proper test thereof
- infringes Intellectual Property/know how/trade secret of third parties.
- You will not use any data mining, deep-link, page-scrape, spider, robots or other automatic device, program, algorithm or methodology or similar data gathering or extraction methods;
- You will not transfer any element of the Platform to any third party;
- We at our sole discretion can terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity.
- We reserve the right to modify or discontinue the Platform at our sole discretion with or without giving notice to you. We will not be liable to you or any third party in any manner if we exercise right to modify or discontinue the Platform.
- We at our sole discretion shall formulate a point/rating system for all users and any such rating shall be available to third parties accessing the Platform.
- We reserve the right, that at any time, with or without notice and without any liability to replace or otherwise withdraw listing of the Brand Owners/ Influencers.
Third Party Sites and Services
- The Platform contains links to other Platforms not maintained by us (“Linked Platforms”). We are not liable for the content of any Linked Platforms, whether or not we are affiliated with the Linked Platforms. We make no claim or representation regarding, and accepts no responsibility, directly or indirectly, for the quality, nature, or reliability of Linked Platforms. Such Linked Platforms are not under our control and we only provide links to the Linked Platforms as a convenience our users. The inclusion of a link to any Linked Platform does not imply any affiliation with or endorsement by us. You should review and applicable terms and policies (including privacy policies) of any Linked Platform you visit.
- You understand and agree that we may, in our sole discretion and at any time, terminate or temporarily suspend and discard, remove, and/or disable or deactivate any or all of your submissions and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Platform, for any reason. We may also, in our sole discretion and at any time, discontinue the Platform or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice.
- YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO THE PLATFORM OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF THE PLATFORM. YOU MAY DISCONTINUE YOUR ACCESS TO, USE OR PARTICIPATION ON OR BY MEANS OF THE PLATFORM AT ANY TIME.
- TO THE MAXIMUM EXTENT PERMITTED, THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING OUR SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PLATFORM. WITHOUT LIMITING THE FOREGOING PROVISIONS, WE MAKE NO WARRANTY THAT THE PLATFORM WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT WE WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT THE PLATFORM CAN BE BLOCKED OR MADE INOPERABLE AND WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE SAME.
- YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (“INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH THE PLATFORM; (B) YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE PLATFORM; (C) YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OF THESE TERMS; OR (D) YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Limitation Of Liability
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PLATFORM, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US, AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- We are not responsible for cases of force majeure, such as failure, suspension or interruption of services or use of the Website, as a result of blocking the Internet network, actions, or omissions of third parties, or any other causes or circumstances independent of our will that prevents the normal use of the Platform and/or Platform Services.
Contact And Help Details
You may contact VAVODIGITAL via:
|Address:||901, 9th floor, Sanjona Chamber, BS Devanshi Marg, Deonar, Mumbai-400088|