Terms and conditions

Welcome to Influenzer. It’s great to have you become a part of our website! Now that you’re here, let’s quickly go over our website’s terms & conditions. Don’t worry; we’re not going to bombard you with the usual heavy language just yet. Here’s our short & simplified version – 

1. Every piece of content on this website is owned by us (Buzz Trendz Pvt Ltd.) & our clients. 

2. We expect you to respect intellectual property rights of others. Membership of infringers will be terminated without prior notice. 

3. Your membership may also be terminated if you become naughty & don’t follow our rules or give us false information. 

4. While social campaigns are open to all, brand campaigns will be offered to whomever we want based on our requirement criteria. The decision is ours alone and is not open to any discussions. 

5. Non-sharers will not be offered any brand campaigns. 

6. You will be held responsible for the content you share, post or publish on or through this website. 

And now for the real deal – Here’s the lengthy, legal version –

General

In terms of Indian Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of www.Influenzer.com.

The domain name www.Influenzer.com  (hereinafter referred to as Website) is owned by Buzz Trendz, LLC having its registered office address at 6010 JFK Blvd E, Aot 64, West New York , NJ 07093.

Definitions

  1. "You" or "User" shall mean any natural or legal person who is a user of the Website either by providing Registration Data while registering on the Website, or by accessing and using the Website even without registration.
  2. The term "We", "Us", "Our" shall mean www.Influenzer.com. You will be subject to the rules, guidelines, policies, terms and conditions applicable to any service that is provided by this Website, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
  3. "User content" shall mean such content which is posted by users which involves a review of the brand or the product provided to them by Us. It may also include any other information deemed by Us to be necessary and/or beneficial to the other Users as well as to further the aims of the Website by.???

The use of this Website by You is solely governed by this policy and any policy so mentioned by the terms of service. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding on You and that You are contracting with the Company and have undertaken binding obligations with the Company.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. There is a duty on You to periodically check and verify the terms of service, and all its clauses. Continued use of the Website despite any change made on Our part would indicate an assent on your part to such changes and You will be bound by the same. As long as You comply with these Terms of Service, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

The Website is an online portal for sharing of honest opinions among people about various brands and products. Branded hampers are offered to members of the Website, who shall then share their honest opinions about the respective brand being given to them on, multiple social media portals. Our aim is to grow as an information platform regarding with respect to the various types of brands and products available on the Website. 

By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.

Membership

The membership of this Website is available only to those above the age of 18 residing in India, barring those ‘Incompetent to Contract’ which inter alia include insolvents and minors as described by the Indian Contract Act, 1872.

Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or the company has a reasonable reason to believe that false and inaccurate information has been furnished, we hold the rights to permanently suspend your account. 

Communications

You have impliedly to receive emails from Us at any time with the use of the email that has been provided by you for the use of this Website which are subject to the Privacy Policy, once You have accessed or used our Website.

Such contact by us will be for purposes that include but are not limited to actions related to your user profile, actions related to a Campaign you have applied for, newsletters and when we update  our website. We cannot stop sending you emails regarding you user activity or activity of the Campaign you have applied for, because these emails are to enhance your experience with our website. In case you wish to stop receive emails regardng updates to our website, or upcoming Campaigns information from Us for the same, you may send us a mail to the effect at info@influenzer.com.

The sharing of the information provided by you will governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website or in pursuance of objects other than the objects for which the Website was created.

Third party information

The Website shall host various include hyperlinks to other Websites or content or resources or advertisements of third parties, which would be solely the intellectual property of the Third Party and the User shall use his/her own discretion before accessing any such Third Party content hosted on the Website.

Intermediary platform with respect to Third Party transactions

The Website is a platform that Users utilize to meet and interact with one another for their transactions. We are not a party to such interaction and take no liability that arises from any such communication.

  1. All communication which inter alia include the contract, its terms, your obligations, etc are outcomes of the communication between You other Users or/and third parties. This could include, without any limitation, shipping date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
  2. We do not endorse any of the products offered for sale on the Website by other Users or/and third parties nor place any guarantee as to their nature, price, quality, etc.
  3. Subject to the above sub-clauses, a contract may exist between the user and other Users or/and third parties and thus, any claim arising from breach of such a contract is the subject matter of the user and other Users or/and third parties alone and we are in no way a party to such breach or involved in any suit arising from the same breach.
  4. As the User, You are expected to check the credentials of other Users or/and third parties before transacting with them in any manner and as to the genuineness of the products offered by them . We are not liable for the same.
  5. As the contract is limited to the User and other Users or/and third parties and not Us, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of order due to low stocks, defected goods, and defective nature of goods.
  6. You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

The membership of this Website is free of cost and the User shall not be charged for the services provided by the Website, however, we reserve the sole right to amend or alter our Policy without prior notice to the Users.

User content

The content that you upload or post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website, or stored on Our servers, or hosted or published upon this Website.

Users can apply for one among the multiple campaigns offered on the Website and take a preliminary survey. In addition to this, Users can share the fact that they have applied for this campaign on social networking portals. Following this, We shall decide those Users selected for the campaign based on the personal details (eg., age, gender, location, etc.) and the answers to the surveys. Product Hampers will be sent by Us to those select Users who are a part of the campaign, to Your home address as provided to Us on Our Website. It shall be the obligation of the Users who are participants to the campaigns to share Your opinions and information with regard to the product that You receive, via social networking portals including Facebook and/or Twitter. Failure to share such information and opinions of the product received shall lead to the particular User being blocked from future participation in any activity on the Website or in association with Us.

Subject to Our Privacy Policy, user content and personal information may be shared by Us to third parties in order to better the experience and use of Our Website for You, in addition to complying with any and all legal and statutory requirements at any point of time. We may also share such information and user content with third parties so that You can be provided with products and services more suited to Your needs and preferences, which will be gauged based on the information provided by You on the Website, either by Us or by third parties.

 

User obligations

  1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer or sell any material, information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes including educational purposes and unwarranted modification of data and information within the content of the Website is not permitted.
  2. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending an email to admin@influenzer.com.

3. You shall not:

  1. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation, thereby ensuring all information provided to the Website is true and correct. Non-compliance of the same requirement shall lead to immediate suspension of your account. 
  2. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Website, including any Website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  3. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
  4. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  5. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
  6. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  7. Violate any applicable laws or regulations for the time being in force within or outside India;
  8. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
  9. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  10. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  11. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
  12. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  13. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

4. This Website contains material which is owned by Us. This material includes, but is not limited to, the design, layout, look, appearance, questions, answers, reports and graphics. Reproduction is prohibited other than in accordance with the Intellectual Property notice, which forms part of these terms and conditions.
5. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.
6.You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Services to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
7. Intellectual Property Rights: Unless the Website has otherwise agreed, nothing herein gives the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are a property of the Company. Furthermore, with respect to the Website created by the company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content from the Third Party on the Website

You hereby represent and warrant that You have all necessary rights in and to all information you provide it contains and that such information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

 Compliance with Laws

The user of the website shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008.

Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CAMPUSINSIGHT MAKES NO WARRANTY THAT:

(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. CAMPUSINSIGHT ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. CAMPUSINSIGHT ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.

Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Breaches of these Terms and Conditions

Without prejudice to our other rights under these Terms of Use, your rights under the Agreement may automatically terminate without notice if you fail to comply with its terms. If you do not comply with the terms, We have the right to take any action We deem appropriate. We may terminate the Agreement or restrict, suspend or terminate your access to the website or your use of the Service at our discretion without notice at any time and/or bringing court proceedings against you, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service or of a third party.

No Waiver

Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

Disputes and Jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. However, the parties in good faith will attempt to bind by the decision.

Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in _______. 

This Agreement shall be governed in all respects by the laws of the Republic of India and shall have exclusive jurisdiction with respect to any cause of action arising out of this Agreement.

Termination

At any point of time if you feel that the Service does not serve to the best of your purpose, you can immediately terminate from the service and suspend all portion of your account by intimating us. Termination of your account may include: (a) removal of access to all offerings within the services; (b) deletion of Your material and account information, including your personal information, log-in ID and password, and all related information, files, and Materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Services.

We reserve the right to terminate your subscription at any time for non-payment of any subscription fee or for breach of any of these terms and conditions.

Disclaimer

We assume no liability or responsibility for damage or injury to persons or property arising from any service of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this service. We are no way liable for the misuse of the service by You.

Copyright Notice

Copyright © 2014 Buzz Trendz,LLC. All rights reserved.

All the rights pertaining to the services and materials are owned by either by Us or by corresponding individuals/firms under appropriate license.