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.
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.
For the purposes of the Terms and conditions:
- “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” shall mean a collective reference to the Services provided through the website at www.clanconnect.ai or through the application installed by you on your mobile device, tablet, computer, etc.
- “Services” shall include but not be limited to:
With respect 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 the 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.
All the services offered to brand along with:
- Add multiple brands on the dashboard.
- “Website” shall mean the website www.clanconnect.ai of the company.
- “You”, “Your”, “your” “yourself”,“yourself”, “user“ and “you” shall mean the end 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/ or aspects of the Services and/ or restrict your access to certain parts of the Services and/ or all of the Services without any prior intimation and any 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 Plan
To register an account with us, you will be required to fill an online form on the Platform available at https://www.clanconnect.ai/user_signup, by providing certain details (“Form”). 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. After filling the Form, You are required to select a plan available on the Platform. For more details about the plans please go through our Pricing Policy, available at https://www.clanconnect.ai/pricing_policy.
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 provided by You meet the minimum criteria as decided by us. During such review process, we reserve the right to suspend and/ or delete any profile/ account if we are of the opinion that the required profile/ account 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 absolute right to suspend or terminate your account and forfeit the amount paid (if any) by you towards our plan 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 account. You will not sell or otherwise transfer your account to any 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 violent 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 unlawful in any manner whatsoever.
Deletion of Account : Any user wishing to delete his/ her account, has to write an e-mail to us at email@example.com. The Company may within 10 (ten) business days delete your account and you shall receive a confirmation e-mail from the Company for the same. Further, please note that as of now Company does not allow the cancellation of plan, therefore, even if your account gets deleted, your plan fee will not be refunded. For more details on cancellation of plan, please visit our Cancellation and Refund Policy, available at https://www.clanconnect.ai/refund_cancellation_policy. You hereby agree to be personally liable for any and all charges incurred under your username and password until your account gets deleted. You acknowledge and agree that if your account gets deleted, 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 follow user registration procedure again, as all the previous data and information collected by us will be removed permanently.
- 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 manner (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 license 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 and Instagram
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 and Instagram’s Terms of Service https://help.instagram.com/581066165581870. Users can revoke Clanconnect’s access to their data via Google, go to https://myaccount.google.com/permissions.
- Dispute Resolution
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 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 and/ or loss caused and/ or alleged to be caused by and/ or in connection with your use of and/ or reliance on any such content and/ or on the goods and/ or services available on and/ or through any such websites and/or mobile applications or any other matter relating to the Company. Any material downloaded and/ or otherwise obtained through the Platform is accessed at your own risk, and you will be solely responsible for any damage and/ 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 plans 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 at our sole discretion and without limitation, either with or without notice. Should we terminate your Account, we will forfeit all the information and 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 register 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(s) 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.
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, 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, up-to-date, and complete; (c) your use of the Service will always comply with the terms as specified herein; and (d) you shall be responsible for all uses of your account, safeguard your username and password, and supervise the use of your account.
- 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 it 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. The 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.
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.
- Terms and Conditions for Influencer
In addition to the above terms and conditions, the below terms and conditions shall be applicable on the influencers rendering Services through the Website or an 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 register on Platform and render the Services.
- Influencer shall ensure that any post and/ or action on social media for any brand is for promotional purposes and it should not result in 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 whatsoever shall result in breach of these terms and conditions.
- The influencer fee with respect to the brand campaign will be deposited with ClanConnect, and ClanConnect will charge a commission fee of 20% (twenty percent) on the total amount received by it from the brand and transfer the remaining amount to the bank account of the influencer. However, the influencer agrees and acknowledges that ClanConnect can deduct from the amount being transferred to him/ her any expenses incurred by ClanConnect on their behalf.
- 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 to the influencer 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. Further, 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.
- ClanConnect shall not be held responsible in any manner for any communications (whether written or oral) between the brand and the influencer. Further, influencer shall ensure that he/ she shall not associate with any brand outside the ClanConnect environment, in case influencer does so, ClanConnect shall have the right to permanently revoke the account of the influencer.
- Influencer shall not indulge directly in any remuneration or payment process with the brand and shall 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/ or 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 deduction’s 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 shall not eligible for any future campaigns released on 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 plan fee, as may be specified. A brand launching a campaign agrees to the below terms and conditions:
- The brand shall 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, the brand will engage the influencer to render such services.
- The brand undertakes to make the payment to us as per the Pricing Policy.
- Brand is required to pay the campaign fee to ClanConnect before executing any campaign with the influencer, irrespective of the plan selected by the brand (basic or premium) as per the Pricing Policy. Further, please note that the Company may in few campaigns refund the excess amount received by it from the brands.
- 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.
- ClanConnect shall not be held responsible in any manner for any communications (whether written or oral) between the brand and the influencer. Further, brand shall ensure that it shall not associate with any influencer outside the ClanConnect environment, in case brand does so, ClanConnect shall have the right to permanently revoke the account of the brand.
- Brand can hire influencer on contract basis for their campaign and/ or Services and shall execute a contract for the same with us, we shall be a facilitator between the brand 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 of its representative.
- The brand shall not provide any false or incorrect information either to us or to the influencer.
- The payment shall be made as per the type of campaign, timeline & terms stated by the influencer.
- All applicable taxes with respect to the Services shall be paid by the brand.
- Contact us
If you need to contact us for anything, you must write to us at firstname.lastname@example.org.