Last updated: September 6, 2021
- These Terms and Condition for the Website User (herein after referred as ‘Terms and Conditions/Users Contract’) shall apply for access/use of the following;
Following documents shall deem to be the Part of this Terms and Conditions by reference;
- (a) https://whatsuridea.com/ the official Website of KOKOROKO MEDIA PVT LTD (Whatsuridea /We).
- (b) Other websites in our network either currently existing or may come into picture in the future.
These terms and conditions shall apply to the person/legal entity (hereinafter referred to as Users/End-Users/You) given below. All the Users have to read the Terms and Conditions carefully upon entering the Website and shall be bound by the same to access our Website and avail any of our Services. A User may choose not to continue with the Website if s/he/it does not agree with the Terms and Conditions. The Users includes but not limited to the following;
- (a) The Creator Agreement
- (c) The Organizer Agreement
- (d) Copyright Policy
- (e) Any other Policy Document that we introduce from time to time.
- (a) Visitor: A person/entity without any limitations who visits the Website and have limited access to the various segments of our Website.
- (b) Logged-in User: A Visitor shall be ‘Logged-in Users’ if he/she is an individual above the age of 18 years and visit the Website and log in/sign in the same by giving their personal data like email id, name, contact number, etc.
- (c) Creator: A creator shall be a User that offers and provides creative services or sell Copyright Work created and owned by the Creator to the Organizer or identifies as a creator/participant through the Website.
- (d) Organizer: Any individual (attended the age of 18 years) and/or a legal entity, duly registered under applicable law, who wants to organize a content to take service or purchase copyrighted work of any Creator from the Website. An organizer may also be referred as Contest Holder.
- a) “Accounts” means the account of a User on the Website associated with the registered email address/Mobile of the User.
- b) "Contest" means a contest that is promoted by an Organizer on the Website and in respect of which a Creator can submit one or more entries via the Website.
- c) “Contest Description" means the document setting out the detail scope of a Contest, including but not limited to requirement, prize money, entry fee (if any), any other relevant information.
- d) “Contest Handover Agreement" means the agreement between the Organizer and one or more winning Creator(s) under which each Creator will transfer to the Organizer ownership of the winning entry or entries after receipt of the Prize Amount.
- e) "Entrant" means a Creators who has entered a Contest.
- f) “Creator Service” means any service that will be provided by the Creator to the Organizer towards Project.
- g) “Creator Work” means any creative work including but not limited to literary, dramatic, artistic, musical, cinematographic, sound recording, or confidential information (including idea, concept, premise, tagline, title, etc.) created and owned by the Creator and purchased by the Organizer via Website.
- h) "Inactive Account" means an Account that has not been logged into for 6 months or other period determined by us from time to time.
- i) "Intellectual Property Rights" means all intellectual property rights, existing worldwide and the subject matter of such rights, including (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
- j) “Our Service” means any service provided by Whatsuridea/ Us to any User.
- k) “Prize Amount” means money that the Organizer organizing a Contest shall keep for the winner Creator and handover to Whatsuridea before starting the Contest. Whatsuridea shall transfer the Prize Amount to the winner Creator after the end of the Contest as per the manner prescribed under this User Contract.
- l) "Project” means a job/right acquisition offered or awarded by an Organizer via the Website, which may include a Contest listed by an Organizer, a service bought by an Organizer from a Creator, a Creator Work purchased by the Organizer from the Creator and Service awarded by a Creator to an Organizer as a result of a Contest or competition hosted via the Website.
- m) “Lump Sum Amount” means Prize Amount Plus Whatsuridea Commission plus applicable Goods and Service Tax (GST).
- n) “Whaturidea Commission” means a commission or service charge levied by us to the Organizer for organizing a Contest on Website. Whatsuridea Commission shall be 20% of the Lump Sum Amount plus applicable Goods and Service Tax (GST) and remaining 80% shall go towards Prize Amount.
ELIGIBILITY TO REGISTER AS ORGANIZER/CREATOR
- a) You need to create an account at our Website, to register as a Creator or an Organizer and accept our Terms and Conditions.
- b) You need to select a username and password as required by us, and you may be asked to submit, among other things, your name, name of your organization (if applicable), place, gender, date of birth, email address, phone number, and other requisite details (User Information).
- c) You agree that all information you provide to us for purposes of creating an Account will be true, accurate, current, and complete and, your failure to provide such information will constitute a breach of these Terms and Conditions and may result in the immediate termination of your account along with other legal action.
- e) You represent and warrant that you shall not: (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization including the name of any celebrity, or (iii) provide your wrong location/address (iv) use wrong/false date of birth/gender and other individual-specific details.
- f) You agree that if you create a user account with the Websites, you accept responsibility for all activities that occur under your account or password. You agree you will not sell, transfer or assign your user account to any other person. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password-protected portion of the Websites using your credentials. We shall all the time presume that any activity done from your account has been done by you.
- g) We may in our sole discretion close and remove Inactive Account without any notice.
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
- a) A person is eligible to register as an Organizer/Creator if;
- i) has the legal capacity to form legally binding contracts;
- ii) is a major (18 years plus)
- iii) is a person not barred from receiving and rendering services under the laws of India or other applicable jurisdiction;
- b) A Company can register as an Organizer. A Company registering as Organizer may be required to provide additional verification documents related to the incorporation.
- c) A User registering as a Business Entity shall use an official email ID. However, any liability under this Terms and Condition shall be joint of the Business Entity as well as individual making Account.
- d) We can at our sole discretion deny registration to a User.
REPRESENTATIONS, WARRANTEE AND COVENANTS OF USERS
- a) Website is exclusive Intellectual Property of Whatsuridea any unauthorized use/copy of this Website mandates strict legal action against the defaulters.
- b) We have a very strict policy to counter Intellectual Property Infringement. We respond to genuine and unambiguous claims of Intellectual Property Infringement against any Content of our Website. We have crafted our Copyright Policy to deal with the same. If you believe that your Intellectual Property Rights have been violated, please read out the Copyright Policy and accordingly notify us.
DETAILS REGARDING ANY MEMBERSHIP PLAN, SUBSCRIPTION FEE, OFFERS MODE OF PAYMENTS, ETC. FOR THE MEMBERS
- a) You have represented and warranted that you have attended the legal age to enter into a contract. Any person below the age of 18 years shall access the Website under parental control. A minor cannot register either as an Organizer or as a Creator. However, a parent or legal guardian can register on the behalf of a minor as Creator and they shall be liable for any action of the minor. Further, Parents can exercise their discretion to not allow the minor to access the Website or any particular Content of the Website.
- b) You represented and warranted that you will provide accurate details while registering on our Website.
- c) We make reasonable efforts in good faith to provide a consolidated opportunity hunt/collaboration platform to Creators and Organizers. However, we do not represent or warrant any guaranteed job/collaboration by registering with us. It is up to the Organizer and the Creator if they want to collaborate on a Project.
- d) You agree and acknowledge that Creator shall be bound by Creator Agreement in all aspects including copyright license in the content uploaded by you on the Website. Further, Organizers shall be bound by the Organizer Agreement/MOU.
- e) We can revise and update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions outlined in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Websites. Your continued use of the Websites following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check the Website so you are aware of any changes and revisions and the same shall be binding on you.
TERMS AND CONDITIONS RELATED TO THE CONTENT OF THE WEBSITE
- a) The details of how to subscribe to Our Services, any required payment amount, offers, and any additional terms (if any) will appear on our Website from time to time.
- b) We shall provide you the benefits and permissions based on the subscription plan/ category chosen by you as Organizer or Creator. The subscription of any Membership plan shall be subject to our approval.
SPECIFIC OBLIGATIONS AND COVANANTS OF ORGANIZER
- a) All the Content (except Third Party Generated Content) on the Website including text, literature, policies documents, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (Whatsuridea Content) are our propitiatory content protected by Intellectual Property Rights. You shall not do any unauthorized copy or deduction of the Content.
- b) Third-Party Generated Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork that are generated by any third party called the Third Party Generated Content. We are merely an intermediary for such Content. Hence, we shall not be liable for such content in any manner whatsoever.
- c) We provide a platform between the Organizer and the Creator. We want to clarify that any transaction that happened or any agreement entered into between/among the Users (outside Content Handover Agreement) shall be independent and Whatsuridea shall not be in any manner part of the same. We are not a party to any such agreement/transaction/communication between Users (Creator and Organizer). It is clarified that we are not an Organizer concerning an opportunity advertised on the Websites, and we are not liable (except as expressively provided under this Terms and Conditions) for any employment, hiring, or salary decisions or any professional/non-professional engagement made by you or anyone else using the Websites. You represented and warranted that you shall not take any action against us for any dispute between a Creator and Organizer.
- d) You may use the information available on the Platform only for (i) use such information only for your personal, non-commercial informational purpose and you shall not copy or post such information on any networked computer or broadcast or any social networking sites or any other places (ii) you shall not make any alteration or modifications to any such information.
- e) You shall be responsible for any messages, notes, reviews, emails, ratings, billboard postings, photos, profiles, drawings, videos, opinions, ideas, audio files, images, or other materials or information posted or transmitted to the Platform (collectively, "Content"). You grant us worldwide, perpetual, and transferable intellectual property rights in such Content. We shall be entitled to use the same in perpetuity, including but not limited to promotional and advertising purposes and in any media including the creation of derivative works that may include the Content. The Creators Work uploaded by you shall be subject to our Creators Agreement.
- f) You agree that you shall not upload any Content and comments that are copyright infringement or any intellectual property rights infringement of a work, illegal, abusive, false, and inaccurate, harming the business interest of Whatsuridea, defamatory, obscene, pornographic, defamatory, breaching privacy right of an individual, immoral, etc.
SPECIFIC OBLIGATION AND COVANANTS OF CREATOR
- a) The Organizer shall act ethically and with integrity and comply with all applicable laws and regulations along with Whatsuridea policies.
- b) Organizer understands and acknowledges that any Creator Work submitted to him during any Contest is submitted in confidence and hence amounts to Confidential Information. The Organizer shall maintain confidentiality and shall not misuse the Confidential Information. Misuse of Confidential Information amounts to a material breach of these Terms and Conditions.
- c) The Organizer shall not discriminate against any Creator while choosing the winner based on caste, creed, religion, sexual orientation, or any other factor. The Organizer shall comply with all applicable statutory laws, rules, and regulations.
- d) The Organizer shall not hide his/her/its real identity and always use its official credential to do any transaction at Whatsuridea.
- e) The Organizer allows us to display its company or business name, logo, images or other media on our Website and/or other marketing materials relating to the Website, except where it has explicitly prohibited us to use its particular proprietary material for a specific period.
- f) The Organizer agrees and acknowledges that we may use the public description of Projects and the content of its profile information on the Website for marketing and other related purposes.
- g) The Organizer shall make payment of the Lump Sum Amount (Prize Amount and Whatsuridea Commission) before initiating the Content and timely provide us Contest Description. Subsequent to the end of Content, the Organizer shall engage the winning Creator for the Project. Organizer along with the winner Creator shall sign Contest Handover Agreement. The Organizer shall sign a separate Agreement (in addition to Content Handover Agreement) with the winner Creator if the roles and responsibility of the Creator in the Project increases the scope provided under Contest Description. Illustration for clarification; suppose, Organizer has organized a Contest to receive an idea for an advertisement. After the Content, the Organizer liked an idea and purchased the same from the Creator by signing Contest Handover Agreement. Subsequently, the Organizer wants the Creator to write the script of the ad film as well. In such a case, the Organizer and the creator shall sign a separate agreement to write the script as per mutually agreed terms and conditions.
CONTEST HANDOVER AGREEMENT
- a) The Creator (if the author of a concept, premise, story, screenplay, script, or any such literary and dramatic work) always submit in Contest or otherwise, his/her Content duly registered with a recognized body.
- b) The Creator shall not upload any content that infringes intellectual property rights including, copyright and trademark of other person, privacy rights, related rights, etc.
- c) The Creator shall not upload any Content and comments that harmful, illegal, abusive, false, and inaccurate, harming the business interest of Whatsuridea, defamatory, obscene, pornographic, defamatory, breaching privacy right of an individual, immoral, etc. (Objectionable Content)
- d) On winning a Contest, the Creator shall fulfill his obligation as mentioned in the Contest. Creator shall efficiently provide the Creator Work/Creator Service (as per the Contest Description) to the Organizer. Further, the Creator shall duly sign the Content Handover Agreement.
THE USER CONTENT
- a) Upon the Organizer awarding a Project under a Contest to the Creator and the Creator's acceptance on the Website, Creator and Organizer (Collaborating Parties) shall enter into a Contest Handover Agreement. Subsequently, both parties shall be contractually bound by the respective obligations. An Organizer and a Creator shall not enter into any contractual provisions that conflict with the User Agreement.
- b) Collaborating Parties are solely responsible for ensuring compliance with their obligations to each other under the Content Handover Agreement. In case of default, the defaulting party will be liable to the aggrieved party. Collaborating Parties shall ensure the compliance of all applicable domestic laws, international laws, statutes, ordinances, and regulations relevant.
- c) If either Collaborating Party breaches any obligation under Contest Handover Agreement or any statutory obligations, the aggrieved Collaborating Party shall be solely responsible for exercising its available legal remedies. Whatsuridea shall not be liable or accountable to any Collaborating Party in any manner whatsoever.
- a) We do not claim ownership to User generated/uploaded Content; however, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Content, in whole or in part, in all media formats now known or hereafter devised and on third-party sites and platforms in any number of copies and without limit as to time, manner of frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.
- b) You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of Content. We make no warranty that Content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to Objectionable Content; (2) we have no responsibility or liability for the deletion or failure to store any Content, whether or not the Content was actually made available on the Website. We may reject, approve or modify your User content at our sole discretion.
- c) You represent and warrant that your content:
- i) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- ii) will not violate any law or regulation;
- iii) will not be defamatory or trade libelous;
- iv) will not be obscene or contain child pornography;
- v) will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
- vi) will not contain material linked to terrorist activities.
- vii) will not include incomplete, false or inaccurate information about User or any other individual; and
- viii) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- d) You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of India. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and may close your Account.
- e) Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
- f) In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
- g) You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
FEE AND SERVICES
- a) Organizer shall host Contest on the Website to receive entries from Creators regarding a Project. The Organizer shall provide a Contest Description and pay Lump Sum Amount in accordance with our instructions provided on the Website. An Organizer acknowledges and agrees that it is solely responsible for the operation and promotion of the Contest and warrants that it will comply with all applicable law in respect of the operation and promotion of the Contest. We have no liability for loss suffered by a User in connection with a Contest including but not limited to loss suffered (or penalties imposed) in connection with any contravention of the law.
- b) Creators may submit their entries in text, image, video, audio or other formats as specified on the Website. All entries must comply with the Contest Description and must not infringe any Intellectual Property Rights of any third party. Any entry which infringes any Intellectual Property Rights will be an ineligible entry and subject to removal either by the Organizer or us and subject to action as per our Copyright Infringement Policy.
- c) At the time of Organizing Contest, the Organizer shall pay us a Lump Sum Amount. We shall deduct 20% amount as Whatsuridea Commission. The remaining 80% of the Lump Sum shall be announced as the Price Amount. During Content, Organizer shall select one winning Creator.
- d) After awarding a Contest, the Organizer and winning Creator(s) will enter into a Contest Handover Agreement and when the winning Creator has uploaded the winning entry (including all related files) to the Organizer, the Contest Prize will be released to the winner Creator of the Contest unless disputed by the Organizer that incorrect file/information has been shared by the Creator, in which case the dispute must be resolved between the Organizer and winning Creator before we can release the Prize Amount to the winning Creator.
- e) For the avoidance of doubt, the Organizer has no right or license to use any entries other than the winning entry/entries. The Organizer agrees and acknowledges that all Content submitted to it is submitted in confidence. The Organizer shall not misuse, misappropriate any Content submitted to it by a Creator during a Contest. The Organizer shall not allow or request Creators to submit entries to the Organizer via other means than the Website.
- a) We charge fees for certain services, such Whatsuridea Commission to the Organizer while organizing a Contest on the Website. In future we may add other paid services and plans. We shall keep that updating on our Website. When you use a service that has a fee/commission, you have an opportunity to review and accept the fees that you will be charged based on our policy, which we may change from time to time and will update by placing on our website.
- b) We may choose to temporarily change the fees for our services for promotional events (for example, discounts/offers/promotion code) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence/Website display.
- c) A User, opting Our Services (paid one) are responsible for paying any taxes, including any Goods and Services Taxes or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
- d) Unless otherwise stated, all fees are quoted in Indian National Rupees.
ACCESS TO THE SITES AND SERVICES
- (a) You (an Organizer) can request a full refund if you cancel the Contest before receiving any Entry. We shall retain our 20% Whatsuridea Commission and refund the remaining amount. No refund shall be given in any other scenario except the one mentioned under this Clause 15 (a).
- (b) If you are eligible for a refund, you should drop your request to us on email@example.com . We shall verify your request and accept/reject the same with three (3) working days. If we accept/confirm your request, we shall initiate the refund within seven (7) days of our confirmation.
COMMUNICATION WITH OTHER USERS
- a) Users are responsible for making all arrangements and payments necessary for a User to have access to Website and Our Services, including internet connections, computer equipment, and software.
- b) We are not responsible for (i) the availability of the internet or any communications network; nor (ii) any malfunctions, errors, or other damage in or to connections, equipment, or software that may occur concerning your use of the Sites or Services.
LIMITATION OF LIABILITY
- a) Communication with other users on the Website must be conducted through the Communication channel provided on the Website.
- b) A User must not post email address, contact number, social media handle links or any other contact information (including but not limited to Skype ID or ZOOM or other Hangout Links or other identifying strings on other platforms) on the Website, except in the email/contact number field of the signup form, at our request or as otherwise permitted by us on the Website.
- c) Unless you have a prior relationship with a User, you must only communicate with Users via the Website. With video chat and audio chat (only conducted through Website), any terms agreed to between any Users must be confirmed to Us in writing and communicated through email.
- d) You must not, and must not attempt to, communicate with other Users through any other means including but not limited to in-person, email, message, telephone, video call, audio call, any messenger app, or any other mode/medium.
- e) We may read all correspondence posted to the Website and download or access and test (if necessary) all uploaded files, programs, and websites related to your use of the Website to investigate fraud, regulatory compliance, risk management, and other related purposes.
CONSEQUENCE OF BREACH OF THESE TERMS BY USERS
- a) We have endeavored to ensure that all the information on the website is accurate and up-to-date. However, information on the Website pages may contain inaccuracies or typographical errors and may be changed or updated without notice.
- b) We are not liable for any loss arising out of the use of the information on this Website. The information is provided without warranty of any kind, either express or implied. We do not accept any liability or responsibility for any loss including but not limited any loss of business, job, job opportunity, customers, revenue, profit, contracts, data, software or reputation, or wasted time, reputation, mental and physical discomfort, risk whether caused by tort (including negligence), breach of contract or otherwise, and even if foreseeable that may arise from any reliance on the content of this Terms and Conditions.
- c) We are not liable for any Content posted on our Website by any User. This website contains links to other websites. We are not responsible and cannot be held liable for the content and/or for the privacy policies of such sites.
- d) The content of this Website is for general guidance only and should not be regarded as constituting legal or business advice or opinion. Legal and business advice should be sought and taken about the specific circumstances of each case. Nothing appearing on this Website is intended to be a substitute for obtaining specific legal and/or business advice from a competent professional.
- e) We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
- f) In any case, our liability shall not increase Rupees Fifty Thousands (INR 50,000/-) only towards any person.
TERMINATION OF THIS USER AGREEMENT
- (a) In case, any User breaches or we reasonably suspect that there may be any breach of any obligations under these Terms & Conditions, we may immediately and without notice suspend your access to and use of the Websites and Services, or any part of the Websites and Services or Content and/or remove any of your Content. We may also terminate your access to the Websites and Services including your membership. You will not be entitled to any compensation for any period of suspension other than in accordance with our Refunds Policy.
- (b) You shall be solely liable for any Objectionable Content posted by you. You can immediately terminate your access to our Website in case we come across any Objectionable Content. Further, we reserve our right to take appropriate legal action against you.
- (c) You agree to indemnify us and our representatives against all claims, loss or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses or damage arising from any Objectionable Content which you upload, provide or transmit.
CONSEQUENCE OF TERMINATION
- (a) A User/Member may terminate the access to this Website and Services and request removal of his/her profile(s) at any time. As a registered user or a Member, you shall give notice to us by email or in writing at least two weeks in advance of your proposed date for such termination and removal along with the reason for the same. This is to allow us time to remove your profile from the relevant Sites and disable your access rights and login details as required.
- (b) We may withdraw any Site in the Website or Service or terminate your membership or access to and use of any Site or Service at any time and for any reason at our reasonable discretion. If you are registered User (Organizer/Creator), and unless such termination is due to your material or persistent breach of these terms, we will use reasonable endeavors to give notice to you of any such termination. You shall receive your refund (if applicable) as per our Refund Policy.
ANY CHANGES TO THE TERMS AND CONDITIONS OR ANY OTHER POLICY DOCUMENT INCLUDED WITH REFERENCE
- (b) Upon expiration and/or early termination of this Agreement, all rights granted to us under this Agreement shall cease to have any force. However, the termination or expiry of this Agreement, for any reason, whatsoever, shall not affect any rights and/or obligations, which; (a) accrued before the date of such termination or expiry (b) expressed or intended to continue in force after and despite expiry or termination.
- (a) We may, at any time and at our absolute discretion, make temporary or permanent changes, additions, or deletions in the Terms and Conditions of this Website User Agreement and other policy documents referred herewith by reference.
- (b) We may on a reasonable-effort basis notify our registered members (Organizer/Creator) of material changes made hereunder. It is your liability refers to these terms regularly on the Website.
- (c) By continuing to use the Website and/or any of our Services after such changes, it shall deed that you agree to such changes. If you are not happy with any changes, you may terminate your use of the Sites and Services under the terms of this Agreement.
- (d) The Website and the Services (and any content) may also be unavailable for occasional periods for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.
- (a) We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by an Intellectual Property Rights (Including copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws). Users shall not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
- (b) Advertisement Agency (agency which put advertisement on Website) shall enter into an agreement with us before putting any advertisement on the Website. Advertisement Agency ensures to comply with all applicable legal requirements, advertising standards and codes of practice.
- (c) Advertisement Agency shall not post any advertisement of our competitors. We have the right to remove an advertisement immediately that contradicts our advertisement policy, any applicable law and these Terms & Conditions.
- (a) You hereby defend and indemnify Whatsuridea and shall always keep indemnified and hold harmless the other from all claims (including third party claims arising out of any infringing content or/and Objectionable Content), liabilities, losses, damages, costs, and expenses, including reasonable attorney’s fees and ancillary and incidental expenses, arising out of or relating to (i) the breach of any representation and warranty under this Agreement; (ii) the breach of any terms and conditions under this Agreement; (iii) breach/ violation of any applicable laws/ regulation/ rules throughout the Territory; (iv) breach/ infringement/ passing-off of any third party intellectual property rights, concerning the Content, including any portion thereof, rights and/ or license, in any manner whatsoever.
- (b) Survival. This clause shall survive the early termination or expiry of this Agreement.
- a) Force Majeure: Neither Party to this Terms and Condition shall be liable under this Terms & Conditions because of any failure or delay in the performance of its obligations under this Terms & Conditions on account of an event that prevents either party from performing any obligation under this Terms and Conditions that is beyond the reasonable control of such Party;
- b) Notices: Any notices will be sent by Us to the email address you provide to us during the registration process. Notice will be deemed given immediately after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given two days after the date of mailing. You shall give us any notice on this email ID firstname.lastname@example.org
- c) Arbitration & Governing Law: This Terms & Conditions shall be governed by the Laws of India. If a dispute arises in connection with or relating to this Agreement (between User & Whatsuridea), the Parties shall first attempt to resolve such dispute through good faith negotiation. If such disputes cannot be so resolved within thirty (30) days, either Party may refer the dispute to binding arbitration by serving written notice of its intention to arbitrate the dispute with the other Party. The arbitration shall be conducted by a single arbitrator in accordance with the Arbitration and Conciliation Act, 1996. All arbitration proceedings shall take place in Hyderabad and are conducted in the English language. The decision of the arbitrator shall be final and binding. Subject to the resolution of the dispute by Arbitration in accordance with the manner laid down therein, the Courts Hyderabad shall have the exclusive jurisdiction;
- d) Relationship: Nothing contained in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency, or employment between the Parties to this Terms and Conditions. The relationship of Parties hereto shall be that of Principal to Principal.
- e) Whatsuridea reserved rights: Whatsuridea reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate Our Service(s) and or user account(s), suspend or ban access to Our Services, remove any content, and to take any and all technical or legal steps to ban users. Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:
- (i) use of our services for any illegitimate or non bona fide purpose
- (ii) uploading Objectionable Content on Website
- (iii) creating problems with other users or potential legal liabilities
- (iv) infringing the intellectual property rights of third parties
- (v) acting inconsistently with the letter or spirit of any of our policies
- (vi) abuse of any staff members including inappropriate or unreasonable communications.
- (vii) any attempt to use our platform or services for any objectionable purpose
- (viii) Breach of obligations and covenants under this Terms and Conditions
- f) Invalidity and severability: If any part of this Terms & Conditions is adjudged by a Court of law to be invalid or unenforceable or contrary to any applicable law or regulation;
- g) No signature required: This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Further, your continual use of the Website shall deem to be your acceptance to the Terms and Conditions.