TERMS AND CONDITIONS

Please read the following terms and conditions (hereinafter refeered to as "the agreement") carefully. By using this webiste/registering/accessing/browsing the website http://www.bloggerati.co.in you agree to be bound by all of the terms and conditions of this agreement. By using the website/registering/subscribing/accessing/browsing the website http://www.bloggerati.co.in you agree that you are of legal age to enter into binding contracts. If you do not want to be bound by the terms of this agreement you must not subscribe/ use/register/access/ browse this website http://www.bloggerati.co.in (hereinafter referred to as "this website").

This website http://www.bloggerati.co.in is owned, designed and developed by Windchimes Communications Pvt. Ltd having its registered office at 402, Capri, Bandra (East), Mumbai - 400051, Maharashtra, India. This website is launched to enable Companies to reach out to persons who using social media have the potential to influence the general public. There are many persons who have been using social media to express their opinionand have a large following on social media. Such persons who have been using the social media as a medium to express their opinion and have a reasonable influence on the general public would be hereinafter referred to as "influencers". This website acts as a medium to connect various Companies with such influencers who could assist the brands to be showcased on social media. This Agreement governs the use/subscribe/access of this website and the account that the user creates on registering on this website. Any Company/person/influencer who uses/ subscribes/registers/access this website would be hereinafter referred to as "the user".

I. WEBSITE & REGISTRATION

  • Windchimes Communications Pvt. Ltd. owns & manages this website & its services. All the credentials on this website would be the property of Windchimes Communications Pvt. Ltd (hereinafter referred to as "Windchimes").
  • Registration is open to all subject to this Agreement. Windchimes reserves the right to reject the registration of any account of any person/Company.

II. SECURITY OF THE ACCOUNT OF THE USER

  • During the process of registration, this website would send an email to the user to enable the user to activate its/his/her account on this website. The user would be able to use the services of this website only post activation of the account.
  • The password must be kept secured and confidential by the user. The onus is on the user to keep the password of its/his/her account secured and confidential. The user would be solely responsible for the security and the same is an asset of the user.
  • Windchimes would not tolerate any kind of unethical practices of the user's account. Windchimes does not permit any tampering with code or over ruling and on having found that any user engages in such act of tampering with the code or over ruling, Bloggerati™ would terminate its services/registration/subscription without notice and would also take legal action against such user.

III. PRIVACY POLICY

Windchimes has put its privacy policy on this website. On using/registering/browsing/accessing/subscribing to this website, every user declares that it/he/she has read the privacy policy and the privacy policy is acceptable to the user.

IV. POLICY IN REGARD TO USE

  • Windchimes holds limited user policy.The user hereby undertakes that it/he/she would not engage in modification, tampering of the code, copying, underground distribution, transfer, sale of any information in respect of this website or any kind of unethical practices in regard to this website.
  • The user cannot transfer its rights to any third party who is not registered with Bloggerati™.

V. PAYMENT AND CONSIDERATION

  • The subscription of the user would be a period of one year. The user would be required to renew its account by payment of monies within the stipulated time frame. If the user fails to renew its account within the stipulated time frame, Windchimes Communications Pvt. Ltd. will delete all the information in regard to the user from this website.
  • Windchimes states that its contract is only with the Company and not with the influencer. If the Company enters into any kind of contract with the influencer Windchimes would not be responsible in any manner with the obligations of either the Company or the influencer in respect of such contract between the Company and the influencer.
  • Windchimes is not responsible for the payment related issues in between the brand & the influencer. If the brand and the influencer have agreed on any consideration, in such cases Windchimes is not responsible for payments to be received by the influencer. Any claim by the influencer for any kind of consideration to be received from the Company would be met by the Company itself and Windchimes is not liable for any such claim.
  • The payment gateway is a service of a third party service provider. Windchimes would not be in any manner responsible for any failure on the part of the third party service provider who provides the services of the payment gateway.

VI. TERMS AND RIGHTS OF INFLUENCERS

  • Windchimes is in possession of a database which has been prepared by Windchimes of all the influencers on social media and their fields of expertise. Windchimes's database would be made available to the Company after having registered on this website and entering into an Agreement with Windchimes.
  • Any person who considers himself/herself to be an influencer is allowed to sign in or sign up on this website. Windchimes reserves its right to accept the name of such a person and enlist such person as an influencer on the database of Windchimes.
  • The influencer on having registered on this website, alone is allowed to use the services provided by this website and no third party could use the account of the influencer. The account of the influencer is not transferrable. No one is allowed to use the services on the website on behalf of the influencer.
  • The influencer on having registered with the website can make use of only those services which are meant for the influencers.
  • An influencer can't poke into another influencer's matter in the said website.
  • An influencer won't have the right to ask any question to any other influencer or any brand regarding content, copy right or other conflicts on the said website.
  • If the influencer provides false information, Windchimes would immediately terminate the account of the influencer with no notice to the influencer. Windchimes would also be constrained to take legal action against such influencer who provides false information.
  • Windchimes states that on receipt of a request from any Company to pursue any influencer, the system of this website would address an email to the influencer informing the influencer of a request from the Company. The influencer may address an email to the Company directly on receipt of such request and on doing so agrees that its email id would be divulged to the Company. Windchimes does not divulge the email id of the influencer or any other contact details of the influencer until the influencer agrees to the request of the Company and address an email to the Company on its own.
  • Windchimes would be rating every influencer on the basis of his/her skills and work. Windchimes reserves the right to peruse and verify the content put up by an influencer on the said website & rate the influencer as per his/her skills, work & strengths.
  • Windchimes Communications Pvt. Ltd. repeats and reiterates that it is in no manner obligated to pay any monies to the influencer. The influencer would not expect any consideration from Windchimes for the work done by him/her for the brand. The influencer could address all his/her concerns in respect of payment to the brand directly if the Company has entered into any such contract with the influencer. Windchimes would not be making any kind of payment to the influencers. Windchimes will not interfere in the relationship between the influencer & the brand.
  • Windchimes Communications Pvt. Ltd. would not influence the content put up by the influencer. It is made clear to the influencer and the brand that Bloggerati™ does not advise the influencer in regard to the contents of his/her write up. Bloggerati™ is not in any manner responsible for the content of the write up by the influencer.
  • Windchimes hereby informs the influencer that it has not made any kind of representations in respect of the contents of his/her blogon his/her behalf to the brand.
  • The influencer may refuse to work with any company it chooses.
  • The influencer indemnifies Windchimes in respect of the contents of its write up for any brands registered with Windchimes.

VII. TERMS AND RIGHTS FOR BRANDS

  • Windchimes Communications Pvt. Ltd. welcomes all kinds of brands/companies to register on this website to enable themselves to showcase their products through the use of influencers on social media.
  • Each Company/ brand is entitled to one account only. The account of the Company is not transferable and cannot be use by any third party. The account registered with this website can only be used by that Company which has paid the subscription fees and entered into an Agreement with Windchimes.
  • Windchimes only helps the brand/companies to reach out to various influencers. The influencer may choose to write for the Company or may refuse to do so.
  • No service would be provided by Windchimes Communications Pvt. Ltd. without subscription and payment.
  • Post the completion of the term of the Company's account Windchimes would delete the account if the Company do not renew the same. Windchimes would not keep any information in regard to the company on this website once the data of such Company has been deleted.
  • Each brand will be entitled to use only those services which are available on the said website for a brand.
  • Windchimes will not be responsible for your dealings with any of the influencers. Windchimes is not responsible for the contents produced by the influencer.
  • The brand could select any of the categories, influencers & customized services.
  • The Company cannot canvas any subject which is banned by the Indian Law.
  • The brand could use only its own brand name that has been mentioned in the account.
  • Windchimes Communications Pvt. Ltd. is in no manner concerned with the disputes pending or that may arise in future between the Company and any other company.
  • Windchimes has all the rights to terminate the subscription & can take necessary legal actions against the company that owns the brand for breach of any of the terms contained herein and the privacy policy.

VIII. GUARANTEES AND WARRANTIES BY THE USER

The user agrees to abide by all the laws applicable in India. By way of example, without limitation, you agree not to, in respect of the said website and its related websites:

  • submit, upload or transmit any material that is defamatory, abusive, threatening, obscene, indecent, infringing or unlawful in India;
  • transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other harmful, disruptive or deleterious programs;
  • transmit or upload any material protected by intellectual property rights or any other applicable law unless you have received all requisite consents;
  • interfere or disrupt networks connected with the Server; and
  • attempt to seek unauthorised access to any database on the Server
  • No abusal, harassing, threatening content, topic to be used in the said website.
  • No violation of the code of conduct, privacy policy or the Terms and Conditions.
  • No Wrong / False information to be provided to the said website.

IX. DISPUTE BETWEEN BRANDS AND INFLUENCERS

Please note that Bloggerati™ only connects various brands with the influencers but is in no manner responsible or concerned with the dealings of the brands and the influencers. Windchimes Communications Pvt. Ltd.is not responsible for any kind of dispute that arises from the dealings between the brands and influencers. All grievances, legal issues, payment related matters between the Brands & the Influencers would have to be dealt by the Company and the influencer on its own.

X. THIRD PARTY INFORMATION

The information posted on this website could include hypertext links or pointers to websites where information may becreated and maintained by third parties. The said website provides these links and pointers solely for the user’s information. When the user selects a link to an outside website, the user would be subject to the privacy and security policies of the owners/sponsors of such website.

XI. INTELLECTUAL PROPERTY RIGHTS

This website is the intellectual property of Windchimes Communications Pvt. Ltd. and the same is protected by intellectual property laws of India and ought not to be copied, adapted, parodied or imitated in whole or in part. Bloggerati™ and the names of other products and services of Windchimes Communications Pvt. Ltd. mentioned on the said website are either trademarks and/or service marks or registered trademarks and/or service marks of Windchimes Communications Pvt. Ltd. or Windchimes Communications Pvt. Ltd. Other products/ services and company names mentioned on the said website are the trademarks and/or service marks of their respective owners.

The copyright, trademark, patent or other intellectual property rights in the contents of the said website (including, without limitation, all designs, logos, text, sound recordings, music, images, graphics, video and links) are owned by Windchimes Communications Pvt. Ltd. and the respective third party entities who have advertised on the said web site. No licence or right is hereby given to the user and the use of the said web site and the services therein shall not constitute by implication, estoppel or otherwise, any licence or right of use to use the intellectual property of Windchimes Communications Pvt. Ltd. As such, you shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission of Windchimes Communications Pvt. Ltd.

XII. COPYRIGHT POLICY

Contents of this website may not be reproduced partially or fully, without due permission from Windchimes. If referred to, the source must be appropriately acknowledged. The user cannot use the contents of this website in any misleading or objectionable context.

XIII. TERMINATION

  • Windchimes Communications Pvt. Ltd.can terminate the user’s account if it is found that the user is engaging in any unethical practices and is acting in contravention of this Agreement or the privacy policy available on this website without any notice to such user and Windchimes will be constrained to take legal action against such user.
  • At the time of maintenance of this website, the accounts of the users may be suspended for a brief period of time. Windchimes is not responsible for any kind of loss caused to one’s account during the maintenance period.
  • In case of any dispute between the brand and the influencer or the brand/influencer with Windchimes the account of such a user would be suspended pending the disputes.

XIV. MISUSE AND REPORT ABUSE

If any abuse is reported to Windchimes Communications Pvt. Ltd. the user’s account which is responsible for such abuse would be terminated without notice to the user.

XV. THIRD PARTY SITES

The sites that advertise on the said website are not under the control of Windchimes Communications Pvt. Ltd. and Windchimes Communications Pvt. Ltd. is not responsible for the contents of any linked site or any link contained in a linked site. Windchimes Communications Pvt. Ltd. provides the said links only space to advertise, and the inclusion of any link does not imply endorsement by Windchimes Communications Pvt. Ltd. of the linked site.

XVI. INDEMNITY

Every user agrees to indemnify and hold each of Windchimes Communications Pvt. Ltd. and its business partners harmless from any claim, demand or damage, including legal fees, asserted by any third party, relating to and in connection with (a) the user's use of Windchimes Communications Pvt. Ltd. web site and its related web sites and/or use of the services therein; and/or (b) your breach of any of the terms and conditions herein.

XVII. RIGHT TO REVISE THE TERMS AND CONDITIONS

Windchimes Communications Pvt. Ltd. reserves the right to change or revise the terms and conditions of the Agreement at any time by posting any changes or a revised Agreement on this Website. Windchimes Communications Pvt. Ltd. will alert you that changes or revisions have been made by indicating on the top of the Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Windchimes Communications Pvt. Ltd.encourages you to review the Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Windchimes Communications Pvt. Ltd.for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

XVIII. GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the courts of India.

Any queries regarding the aforementioned Terms & Conditions please contact Team Bloggerati™ by email @ info@bloggerati.co.in or do write us @ Bloggerati™, 402, Capri, Bandra East, Mumbai - 400051, Maharashtra, India