Terms & Conditions
This is an electronic record in accordance with Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records as applicable and amended from time to time. This document is generated by a computer system and does not require any physical or electronic signature.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which mandates an intermediary to publish rules and regulations, privacy policy and the terms and conditions for access or usage of this website or application.
Services (defined hereinafter) offered on or through our Website (defined hereinafter) and/or use of the Application (defined hereinafter) or use of any other media format, you (defined hereinafter) accept, agree to comply with and be bound by this Agreement (defined hereinafter) which forms a binding Agreement between you and us (defined hereinafter). By using the Services, you represent and warrant that you are of legal age to form a binding contract with us.
Therefore, your use of the Website and/ or use of the Application and its related services and tools are governed collectively by the "Terms of Use, Privacy Policy" as may be applicable.
INSTALLING, SIGNING UP, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE AND/ OR APPLICATION INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, LEAVE NOW. YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO CREATE ANY USER ACCOUNT WITH US.
If you do not want to be bound by the Terms of Use, you must not retain, access or use the Application and /or Website in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly in contravention of these Terms of Use may render you liable for legal action.
- Definition
For the purposes of the Terms and conditions:
- “Agreement” shall mean the terms of use, the Privacy Policy, refund policy and other policies as may be framed by us from time to time.
- “Clanconnect”, “we”, “our”, “us” and “Company” shall mean Irida Interactive Private Limited having its registered office at 93, 3rd Floor, Okhla Phase III, Industrial Estate, New Delhi, South Delhi, 110020, India.
- “Platform” means a collective reference to the Services provided through the application or through the website at www.clanconnect.ai installed by you on your mobile device, tablet, computer, etc.
- “Services” shall include but not be limited to:
Influencer:
- Apply to briefs posted by Brands/Agencies and reach a negotiable price.
- Get approvals on the creatives for the campaign.
- One on one conversation with the Brand/Agency.
- Online creative repository.
- Get analytics for the posts.
- Search for influencers based on different parameters and create list.
- View complete insights of an Influencer.
- Create and post your campaign briefs and get proposals from the Influencers.
- Complete workflow for the price negotiation.
- One on one conversation with the Influencers.
- Creative approval workflow.
- Online creative repository.
- Get analytics for the campaign as a whole or as per influencer/post.
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All the services offered to Brand alongwith:
- Add multiple Brands on the dashboard.
- “Website” shall mean the website www.clanconnect.ai of the company.
- “You”, “yourself”, “yourselves” and “you” shall mean the user, who meets the eligibility criteria set out below.
- Right to Use
Your right to use the Services is subject to the limitations, conditions, and restrictions established by us from time to time, at our sole discretion. We may alter, suspend, or discontinue the Services at any time, without any prior intimation to the user. We may also impose limits on certain features and aspects of the Services or restrict your access to certain parts of the Services or all of the Services without any intimation and liability on us.
- Availability of Services
By using the Platform, you acknowledge that while we take every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance, as may be required for effective functioning of the Platform. You understand and acknowledge that the Services could be interrupted, suspended, or terminated due to any reason whatsoever, without any fault of ours and therefore we shall not be held liable in any manner whatsoever, for any loss to anyone due to such interruption, suspension or termination of Services without any fault of ours.
- Account and subscription
To register an account with us, you will be required to fill an online form on the Platform, by providing certain essential details (“Form”) as may be provided therein. We expect that You would complete the Form with fairness and honesty while furnishing the information, as required to create an account on the Platform.
Every Form filled by You shall undergo a review process by our team and We reserve the right to seek such additional details as may be required in order to ensure that the details supplied by You meet the minimum criteria as decided by Us from time to time. During such review process, we reserve the right to suspend or delete any profile if we are of the opinion that the required profile does not meet the required standards set by the Company. Further, if at any point of time we come to know or have reasons to believe that any information provided by you is untrue, inaccurate, or incomplete then we have full right to suspend or terminate your subscription and forfeit the amount paid (if any) by you towards our subscription fee and refuse to provide our Service to you thereafter without any notice.
You are responsible to keep your account details up-to-date at all times and must ensure that the password which you have created on the Platform to access the account must be confidential and must not disclose it to or share it with anyone. You shall be responsible for all activities that occur under your login id and password. You will not sell or otherwise transfer your account to another person or entity.
You shall be held liable for display on the Platform through your account of any grossly harmful, blasphemous, obscene, pornographic, pedophilic or harmful display of any material to minors which in anyway is hateful, or racially and ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, false, malicious, inaccurate or misleading, fraudulent in nature or involving the sale of counterfeit or stolen items or items which are otherwise illegal or otherwise unlawful in any manner whatsoever.
We reserve the right to reject, refuse to post and/or delete any Service or to deny, restrict, suspend your access for any reason whatsoever, including, but not limited to bullying, hate speech, harassment, negative comments on the Services, terrorism which are in violation of these Terms or being considered to be offensive, illegal or in violation of the rights of any person or entity, or being harmful or threatening the safety of others.
Cancellation By User: You may cancel your account in full, or associated subscription at any time by logging on to the Platform. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate the account or subscriptions as provided herein. You acknowledge and agree that if you cancel your account or subscriptions, the access associated with that account will be removed permanently from our database and if you wish to create an account again in future, you will have to fill the Form and will have to subscribe to the Services again, as all the previous data and information collected by us will be removed.
- Intellectual Property Right
We solely own rights in the name and mark of Clanconnect and the logo that appears on the Platform (the “Logo”). You are not permitted to, and you agree not to, use these marks in any way (including as part of any other trademark, Company name or domain name), in connection with any product or service.
We own and have the authorized licensee of all intellectual property rights (including copyright) in and to the Platform including intellectual property rights in the content hosted, published, displayed, uploaded on the Platform by us. Copyright laws and treaties throughout the world protect these works and all rights in and to them are reserved by us. No information, content or material from us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
- YouTube
We use YouTube API Services. All users including Influencers, Brands or agents, are agreeing to be bound by YouTube’s Terms of Service (ToS) https://www.youtube.com/t/terms. Users can revoke Clanconnect’s access to their data via Google, go to https://myaccount.google.com/permissions.
- Dispute Resolution
If you consider there to be a dispute between you and us or the services provided by us, please contact us at care@clanconnect.ai. These Terms, privacy policy and refund policy that are available on the Platform shall be governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts of India to resolve any dispute arising out of the same. We shall not be held liable for any dispute arising out of any communication led through/on our Platform between any two users using the Platform. Your use of the Platform is not permitted in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.
- Liability
The content on the Platform has been provided in good faith on an “as is where is” basis without any warranty as to fitness for purpose. The content may contain inaccuracies or typographical errors. Whilst we endeavor to ensure that the information provided by us is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission or that the functions contained in Services, information and materials, including, without limitation any third party sites or services linked to the Platform, whether they will be uninterrupted or will be conducted in a timely manner, or that the defects will be rectified by us, or that the servers that make such Services, content, information and materials available are free of viruses or other harmful components. In using the Platform, you agree that neither us nor any of our employees, contractors, partners, sponsors, advertisers or others, are not responsible or liable for any content or items, including but not limited to any text, information, images including photographs or graphics, audio clips, video clips, and web-links posted by you, other users, or third parties. You also agree that the Company or any of its affiliates are not responsible for the content or availability of third party websites and/or mobile applications linked to or referenced herein. You agree that Company or any of their affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content or on the goods or services available on or through any such websites and/or mobile applications or any other matter relating to the Company. Any material downloaded or otherwise obtained through the Platform is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system, if any. We will not assure you that other users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance by you. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
- Breach of these Terms
Your Account and associated subscription are non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. If you violate any of these terms and conditions, we may terminate your account in our sole discretion and without limitation, either with or without notice. Should we terminate your Account, we will forfeit all the information other compilations created by you through the Platform, and you may not be entitled to re-enroll or re-join or create a new account unless invited to re-join or to subscribe to a new account by us.
Upon suspension or termination of your account with us, we reserve the right to remove or delete your information that is available with us, including but not limited to your login, account information and information posted by you. The restriction, suspension or termination of your account or your access to the Platform pursuant to this section will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Further, if required by applicable law or by a court order or by other enforcement authorities and/ or agencies or if we in our sole discretion consider the disclosure of such information necessary or appropriate, we will disclose your user identity and other details, as available by us.
- Indemnification
You agree to indemnify and hold us, our directors, representatives, employees and contractors, harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your use of the Platform, the breach of these Terms by you, or the infringement by you of any intellectual property or other right of any other person or entity.
- User Warranties
By creating an account with us, and/or creating an associated subscription or accessing information as part of the Services, you warrant and agree that you: (a) possess the authority to create a binding legal obligation, on behalf of yourself personally, or if you are creating an account in the name of an individual or entity or organization, that you have the authority to do so, and are not impaired in this ability; (b) that all the information you provide to us is only about yourself, or the account-holder entity, and that all of such information is accurate, true, current, and complete; (c) your use of the Service will always comply with the terms as specified herein; and (d) you will remain responsible for all uses of your subscription, safeguard your username and password, and supervise the use of your subscription.
- Disclaimer of Warranties
You expressly agree that your use of the Service is at your sole and exclusive risk. The Services are provided on an “as is, with all faults,” and “as available” basis, without warranties of any kind, including, without limitation: the availability, accuracy of content or materials, information, or service, and the warranties of merchantability, fitness for a particular purpose, and non-infringement. Company expressly disclaims all such warranties. The entire risk as to the quality and timeliness of the information, and all services provided by us is borne exclusively by you. We use public data and information provided to us by third parties in order to compile each “service” as such, we rely on the providers of this information for its accuracy and correctness. We make no warranty that the Service will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service.
- General
If any provision of these Terms is unenforceable as determined by a court of competent jurisdiction under applicable law, then such provision shall be struck out. All remaining provisions shall remain in full force and effect. If we delay or fail to act in respect of any breach by you of these Terms, this will not operate as a waiver of our right to act in relation to subsequent or similar breaches by you.
- Miscellaneous
Waiver by you of any breach or default or failure to exercise any right allowed hereunder constitutes a waiver of any prior, or subsequent breach, or default, and a waiver or forfeiture of any similar or future rights. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these terms of use invalid, such invalidity shall not affect the enforceability of any other provisions contained herein and the remaining portions shall continue to be in full force and effect. These Terms of Use and any other related terms constitute the sole and entire agreement between you and us with respect to the Service and supersede all prior and contemporaneous understandings, representations, and warranties, both written and oral with respect to the Services.
- Terms and Conditions For Influencer
In addition to the above terms and conditions, the below terms and conditions will be applicable on the Influencers rendering Services through the Website or Application:
- We connect through our Platform, the brands with the influencers registered with us in lieu of rendering the Services.
- A list of influencers registered with us, will be exhibited to the brands once they register with us on our Platform.
- Influencers should have attained 18 (eighteen) years of age in order to render the Services.
- Influencer will ensure that any post or action on social media for any brand is for the promotional purposes and it should not result in a negative publicity for the brand. Any such breach will terminate the Influencer’s agreement with us and shall also be liable for appropriate compensation to the brand, if required.
- Influencer while registering with us should provide accurate information about all of his or her social media handles and their traffic. Any misrepresentation will result in breach of these terms and conditions.
- Payment to Influencer shall be made by us after the Services are rendered by him or her and are approved by the brand in writing. The payment of the Services shall be made by us within 45 (Forty-Five) days of posting/ rendering the Services. In case the Services are not posted on any social media handle, cause the same is not approved by the brand or by us for any reason whatsoever, the influencer will not receive any payment with respect to such Services.
- Influencer will receive payments from us within 45(Forty-Five) days of the Services being approved by the brands. Payment will be made by us either through bank transfer, when bank details are shared along with ID proof or through such payment channels/ gateways as may be conveyed to us by the influencer in writing.
- Influencer shall not indulge in any remuneration or payment process with the brand and will not in any manner be associated directly with the brand, if he or she is registered with us, any breach of the same could lead to termination and suspension of his or her account with us.
- All taxes and other applicable charges payable for registration with us, will be paid by the influencer. Tax Deducted at Source (TDS), where applicable will be deducted by us and after the said deductions payments will be released to the influencer.
- Influencer agrees to not solicit any campaign and/ or Services directly by the brand. If the influencer does solicit campaigns and/ or Services with the brand, the influencer’s account will be deactivated by us and he or she not eligible for any future campaigns released at the Website and Application.
- The said engagement with the influencer is done in good faith. Any manipulation including but not limited to any data shared (traffic, reach) manually or through bots would void any agreement of the influencer with us and no payments shall be made to the influencer.
- Terms and Conditions for Brands
We are a Platform enabling brands to engage with influencers and bloggers across India. A brand can select showcased and registered influencers and launch a campaign with selected influencer after paying the appropriate management fee, as may be specified. A brand launching a campaign agrees to the below terms and conditions:
- The Brand will provide accurate information about the products and services to be provided by the influencer prior to engaging the influencer to render the said services for the brand, and if agreed by the influencer will the brand engage the influencer to render such services.
- The Brand undertakes to make the payment to us as per the pre agreed terms on a campaign to campaign basis. The Brand which would like to be associated with us, shall pay subscription fee of Rs 35,000 (Rupees Thirty Five Thousand) per month for the access of services provided by our platform.
- In addition to the subscription fee, the brand shall pay us 10.5% (ten point five percent) of the total campaign budget over and above the campaign, payable to the influencer as a campaign management fee which shall be paid to us within 10 (ten) days of completion of campaign.
- The influencer incentive shall be paid out to the influencer by us on completion of the engagement and on receiving a written confirmation from the brand that the Services rendered in lieu of the said engagement are satisfactory to the brand.
- The influencer incentive shall be paid out to the influencer by us on completion of the engagement and on receiving a written confirmation from the brand that the Services rendered in lieu of the said engagement are satisfactory to the brand.
- Brand can hire influencer on contract basis for their campaign and/ or Services and will execute a contract for the same with us, we will be a facilitator between the brands and the influencer.
- We shall not be responsible or liable for any post or blog or Service rendered by the influencer, which has affected the brand image negatively and has been approved by the brand or its agents or any representative.
- The Brand will not provide any false or incorrect information either to us or to the influencer.
- All applicable taxes with respect to the Services shall to be paid by the brand.
- Contact us
If you need to contact us for anything, you must write to us at info@clanconnect.ai.