Terms and conditions

Welcome to Big Bang Social! This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy accessible at    and Terms of Use for access or usage of Big Bang Social – https://bigbang.social (hereinafter referred to as “Website“).

Website is a property of and operated by Collective Artists Network India Private Limited, a company registered under the Companies Act, 2013, and having its registered office at 5^th Floor, Lotus Business Park, New Link Road, Andheri West, Mumbai, Maharashtra 400053. By accessing or using any version of the Website (“Platform”), You signify that You have read, understood and agree to be bound by these Terms of Use (“Terms of Use”) and any other applicable law. Your continued use of the Platform shall be constituted as Your acceptance to the Terms of Use, as revised from time to time. If You do not agree with these Terms of Use, please do not access and use the Platform. For the purposes of these Terms of Use, “We”, “Our”, “Us” and “Company” shall mean Collective Artist Network India Private Limited , and “You”, “Your” and “User” shall mean any natural or legal person who has agreed to become a creator or an influencer on the Website by registering on the Website as a registered User using the computer systems or just visiting and browsing the Website as a non-registered User.

We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of the Platform following any such change constitutes Your agreement to follow and be bound by these Terms of Use, as updated or modified. For this reason, We encourage You to review these Terms of Use each time You access and use the Platform. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our Policies including but not limited to Privacy Policy as amended from time to time.

1. DISCLAIMERS

You acknowledge and agree that:

• Although We strive to provide on this Platform the latest developments relating to Our services, and any other information about Us, We do not warrant the accuracy, effectiveness and suitability of the information contained on this Platform. User of this Platform assumes full responsibility and all risks arising from use of this Platform. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Company reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
• Company makes no representations or warranties of any kind or nature with respect to the information or content posted on this Platform. Company hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall Company be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this Platform, regardless of whether Company has been advised as to the possibility of such damages.
• Company is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Platform, Company will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums on its Platform. Such information should, therefore, be considered as suspect and is not endorsed by Company.
• This Platform may contain forward-looking statements that reflect Company’s current expectations regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to the general economic conditions. Company intends to update this site on a regular basis but assumes no obligation to update any of the content.
• The Platform and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• You may be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

 
2. ACCESS TO WEBSITE

We will do Our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without any prior notice. We will attempt to limit the frequency and duration of such suspension or restriction.

3. ELIGIBILITY

You represent and warrant that You are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. You shall not access and use the Platform if You are not competent to contract under the applicable laws, rules and regulations.

4. USER ACCOUNT

• The Website requires You to browse through the details of the Company to avail the services provided by the Platform.
• You shall be required to provide information when you create an account and use the Platform, such as your name, date of birth, age, social media information, gender, location, contact details such as e-mail and phone number. Information pertaining to your interests in order to facilitate you with the opportunities are also collected . In case you are managed by a third party, we further collect the information of third parties provided by you such as your manager, agent or agency, if any.
• You shall provide true, accurate, current and complete information when creating Your Profile. Upon creating the Profile, You may use the Services subject to fully agreeing and abiding with the Terms of Use.
• You agree that by browsing to avail our services, You are agreeing to enter into a legally binding contract with us. If You do not agree to this, do not access or otherwise use any of Our services.
• You agree and acknowledge that You will use Your account on the Website to avail the Services only for Your personal use and not for business purposes or any commercial/economic gain/profit.
• If You use the Platform, You shall be responsible for maintaining the confidentiality of Your display name and password and You shall be responsible for all activities that occur under Your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform.
• You agree to:

• immediately notify Company of any unauthorized use / breach of Your password or account and
• ensure that You exit from Your account at the end of each session.

5. SERVICES OFFERED

Company collects, use, and disclose information collected from You via the Platform or any form

submitted online on the Platform. We provide You with this Platform to create opportunities and collaborate to extensively work with various brands to meet their content and marketing needs (“Services“). The User Account shall be created by You in the Platform to the to avail the Services provided by Us . By merely accessing or using Our Platform, Services and Content, You acknowledge that You have read this policy and that you understand Your rights in relation to Your information and how We will collect, use and process it. If You do not agree with this policy in general or any part of it, You are advised to not use our Services. The purpose of this Policy is to inform You about the type of information We collect and how we use the information. It informs You about our practices to manage, protect and disclose Your personal information that You may share with Us.

6. INTELLECTUAL PROPERTY

• All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names, written posts and comments, software, scripts (“Content”), constitute Our and Our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website, and the Content.
• You may access the Website, avail the features and facilities and utilize the Content for Your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without Our prior written permission. If You would like to request permission to commercially exploit any particular Content, You could contact Us in the manner provided for herein.
• Company and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website.
• All software used on the Website is the property of Company or its licensors/software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited. Our trademarks should not be used in connection with any service without obtaining written authorization from Company, in any manner that is likely to cause confusion among Our customers, or in any manner that disparages or discredits Company. Contravention of this provision shall be construed as a material breach of these Terms of Use.

7. INDEMNIFICATION

• You agree to protect, defend and indemnify Us and hold Us and Our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your access and use of the Platform in violation of these Terms of Use and/or Your infringement, or infringement by any other User of Your account, of any intellectual property or other right of anyone.
• The terms of this clause will survive any termination or cancellation of these Terms of Use or Your use of the Platform.
• Company shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of Company including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
• Any material downloaded or otherwise obtained through the Platform is done at Your own discretion and risk and You are solely responsible for any damage to Your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Us through or from the service will create any warranty not expressly stated in these Terms of Use.

8. USER GUIDELINES

• In consideration of Company granting You the rights hereunder, You hereby agree not to use the Website for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use. You shall not use the Website in any manner that could damage, disable, overburden, or impair Our server, or any network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of the Website. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Website.
• By giving consent, You agree to receive transactional, informational as well as promotional updates via SMS messages and email.
• Notwithstanding anything contained in the Terms of Use, in case You have consent to receiving transactional, informational or promotional messages via Whatsapp & Google RCS, You can revoke Your consent and opt-out of receiving transactional updates and offers via any of the above platform.
• All information that You submit is true and accurate and You agree to maintain the accuracy of such information.
• The Website is made available to You for Your own personal and non-commercial use alone.
• You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item on the Website that:
  • belongs to another person and to which You do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • Infringes any patent, trademark, copyright or other proprietary rights of any person/entity;
  • violates any law for the time being in force;
  • is misleading in any way.
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
  • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity.
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
  • interferes with another User’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services.
  • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent.
  • threatens the unity, integrity, defence, 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.
  • shall not be false, inaccurate or misleading.
  • shall not 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.
• You are responsible for any and all activities that occur in Your account. You agree to notify Company immediately of any unauthorized use of the account or any other breach of security. Company shall not be liable for any loss to You owing to negligent actions or a failure on Your part to inform Company within a reasonable time, about loss or theft of Your device and/or any unauthorized access in Your account, either with or without Your knowledge.
• Company shall make all reasonable efforts to ensure that Your information is kept confidential. However, Company shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on Your part to practice safe computing.
• You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and Company shall not be liable in any manner whatsoever for default of any nature, by You, regarding the same.
• We may disclose Your Personal Information as required by law to any competent law enforcement body, regulatory or government agency, court or other third party where We believe the disclosure is necessary or appropriate to comply with a regulatory requirement, judicial proceeding, court order, government request or legal process served on Us, or to protect the safety, rights, or property of Our customers, the public, Company or others, and to exercise, establish or defend Company’s legal rights or for consummation of the transaction carried out by You. The disclosures are made solely for the purposes mentioned herein, in consonance with Our Privacy Policy and as per applicable law.

• A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
  • Users doesn’t reply to the verification mail sent by Company (if applicable).
  • Misuse of another User’s phone/email.
  • Users uses invalid address, email and phone no.
  • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to the Company.
• You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of the Platform and/or customers/clients of Company.
• You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Company by sharing multiple address and phone numbers or transacting with malafide intentions.
• You shall not use any “deep-link”, “page-scrape”, “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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
• You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
• You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations.

• Company may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any store credits/points earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases.

9. LIMITATION OF LIABILITY

• Company shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by Users as a result of any disclosures made by Company, where Users have consented to the making of such disclosures by Company.
• To the maximum extent permitted by applicable law(s), Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees(“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (a) the use of, or the inability to use, the Website or the Content, materials and functions related thereto; (b) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
• Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Users’ equipment on account of the Users’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Users are dissatisfied with the Website, the sole remedy of such User(s) is to discontinue using the Website.
• To the maximum extend that is permissible under law, Company’s liability shall be limited to an amount equal to the money to be received by You after availing the Services. Company shall not be liable for any dispute or disagreement between Users.

10. SEVERABILITY

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

11. TERMINATION

Our Right: We reserve the right, without notice and in Our sole discretion, to terminate Your access to, and use of the Website and to block or prevent Your future access to, and use of, the Website. We will not be liable to You for the termination of the services or for any consequence arising out of termination of the services. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Company chooses to terminate them.

• If You or Company terminates Your use of the Platform or any service, Company may delete any content or other materials relating to Your use of the Platform and Company will have no liability to You or any third party for doing so. However, Your transactions details may be preserved by Company for purposes of tax or regulatory compliance.
• Company may unilaterally terminate Your account on any event as mentioned in these Terms of Use. Any credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of Company.
• If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Company by sharing multiple address and phone numbers or transacting with malafide intentions then Company reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to You.

12. WAIVER

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Company. Any consent by Company to, or a waiver by Company of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

13. FORCE MAJEURE

The User accepts and acknowledges that Company shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the delivery of product as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Company or any third party advertisers), or any other delay or default or deficiency or failure which arises from causes beyond Company’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Company, depending on whose performance has been impacted under these Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed and construed in accordance with Indian law. By using the Platform, You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, in the event of any disputes arising out of or in relation to Your access to and use of the Platform.

15. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Customer Service: If any User(s) has/have any comment(s) question(s) or suggestion(s) regarding any of Our Services, please contact Our customer service at hello@bigbang.social