This is an electronic contract in terms of Information Technology Act, 2000 and rules, thereunder, as applicable. This electronic contract is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) (a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations,Privacy Policy and Terms of Service of the Application.
CONNECT THE RELEVANT (CONNECT…), is a service provided by CTR Tech Pvt. Ltd. (the “Company”) with its registered office at 64, Aram Nagar-II, Andheri West, Maharashtra - 400061, India.
These terms of service (the “Terms”) govern the access and the use of the CONNECT… App hosted, maintained and provided by the Company (CTR Tech Pvt. Ltd.). By using the App, you consent to the Terms. We periodically modify these Terms to reflect various factors, such as updates to the App's functionality or changes in regulatory requirements. While we make reasonable efforts to inform all users about significant changes to these Terms, typically through a notice within the App, it is essential for you to regularly review the Terms to stay informed about any updates. Additionally, we will update the "Last Updated" date at the beginning of these Terms to indicate their effective date.
Your continued use of the App after the effective date of the new Terms signifies your acceptance of these changes. If you do not agree with the updated Terms, you must cease using and accessing the App.
Further, if you are accessing the Services through the Application, then while these Terms shall apply to such use, there may be additional terms such as the terms imposed by mobile application stores like App Store (iOS), android's (Google) play store etc., from time to time which will govern the use of Mobile Application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms by way of reference.
The terms "User", "you", "your" hereunder refer to the person accessing or using the App. The terms "we", "us", "our" refer to the Company.
1. OVERVIEW OF THE APP
The App is set up, operated, and maintained by the Company and connects industry professionals to artists and their official representatives. Artists can add/edit/update content and contact details of their official representatives. Industry professionals can connect and communicate via chat functionality only.
2. ACCOUNT & SCOPE OF SERVICES
2.1. You must comply with the following conditions to access and use the App:
(a) You must have attained at least 18 years of age, or more, or the applicable age of majority in your jurisdiction.
(b) You must be competent to enter into a contract under the Indian Contract Act, 1872.
(c) Your account must not have been previously disabled by us for any violation of the Terms, policies or guidelines.
(d) You are not prohibited from using the App under applicable laws.
(e) If you are accessing or using the App on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the App as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
2.2. To access the App, you must sign-up for an account. When you sign up for an account, you will be required to provide us with some information about yourself, such as your name, phone number, email address, and other contact information, and details of the organization you represent, as applicable. A "one time password" (OTP) will be sent to the mobile number of the User for verification. You will need to enter the OTP for validating your mobile number to activate and access your Account. Once activated, you can use your mobile number to access the App and it will remain active until terminated in accordance to these Terms. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
2.3. By accepting these Terms, you hereby request and expressly authorize the Company and its employees or agents to communicate with you, and accept instructions from you or with your approval, (i) over the telephone by SMS or calls (including robo calls and IVR calls) at the number you provide to the Company (ii) by email at the email address you provide to the Company; (iii) in writing (including through documents uploaded by you through your account or otherwise); (iv) through 'click to accept' contracts and forms, and/or any other mode and form as may be determined appropriate by the Company from time to time. You hereby consent to the Company, at its sole discretion, recording all telephone calls/ video calls between you and the Company representative for any purpose whatsoever, however subject to applicable laws, and any such records of the Company shall be conclusive and binding evidence of the fact and content of such calls. It is your responsibility to intimate the Company of any change in your email address or telephone number.
2.4. For as long as your account remains active, the Company may, from time to time, recommend the Application or offerings by third parties (the “Offerings”). We shall not be held liable or responsible for any recommendation we provide regarding any Offerings. Any such recommendation is not an endorsement, certification or guarantee by the Company about any Offerings and is only intended to be useful information for you to make an informed decision. The ultimate decision regarding the appropriateness of any Offerings is exclusively yours and you should exercise due caution and/or seek independent advice/due diligence before entering into any financial decision. The Company shall not be a party to and shall not be responsible or liable for any transactions, interactions, conduct or communications between you and Offerings, on or through the Application or otherwise. The Company may receive a facilitation fee from the Offerings and you hereby confirm that you have no objection to the same.
3. LICENSES
Your access and use of the App is subject to the following license terms:
3.1. The App is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, trademarks, service marks, copyrights, and all other elements of the App (the “Materials”) provided by the App are protected by intellectual property and other applicable laws. All Materials included in the App are the property of the Company or its third party licensors. Except as expressly authorized by the Company under these Terms, you may not make use of the Materials. The Company reserves all rights to the Materials not granted expressly in these Terms.
3.2. Subject to your ongoing compliance with these Terms, the Company grants you a non-transferable, non-sublicensable, non-exclusive, revocable and limited license to access and use the App, on a mobile device that you own or control, solely for your own business purposes, in accordance with the account type you are currently subscribing to. Such license shall subsist till the Terms are terminated by the Company or your account is deactivated in the manner specified in Clause 14 below.
3.3. You may not: (a) reproduce, distribute, publicly display, or publicly perform the services provided by the App; (b) make modifications, alter, tamper with, repair, or otherwise create derivative works to the App; (c) reverse engineer, disassemble, or decompile the App or apply any other process or procedure to derive the source code of any software included in the App or the services provded therein; (d) access or use the App in a way intended to avoid incurring fees or exceeding usage limits or quotas; (e) resell or sublicense the services on the App; (f) use automated scripts to collect information from or otherwise interact with the App; (g) use the App to upload, transmit, distribute, store or otherwise make available in any way content that violates applicable law or files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; or (h) interfere with or circumvent any feature of the App, including any security or access control mechanism. If you are prohibited under applicable law from using the App, you may not use it. All licenses granted to you in these Terms are conditional on your continued compliance of these Terms, and will immediately and automatically terminate if you do not comply with any term or condition of these Terms. During and after the duration of the license, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding the App or the service provided on it.
4. USER CONTENT
4.1. Certain features of the App may permit Users to upload content to the App, including messages, photos, videos, recordings, and other types of works (“User Content”) and to publish User Content on the App. You retain any copyright and other proprietary rights that you may hold in the User Content that you post on the Plaftorm. Any User Content will be considered non-confidential and non-proprietary. You must not upload any User Content on or through the App that you consider to be confidential or proprietary.
4.2. By providing User Content to or via the App, you grant the Company a worldwide, non-exclusive, transferable (with the right to sublicense), perpetual, irrevocable, royalty-free, fully paid-up right and license to host, store, publish, transfer and display your User Content, in whole or in part, in any media formats and through any media channels and platforms now known or hereafter developed. You further grant the Company a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
4.3. You agree that, notwithstanding the provisions of Section 19(4) of the (Indian) Copyright Act, 1957 (as amended) read with Section 30A, any license by you as contemplated in this section 4 of these Terms shall not lapse nor shall the rights licensed (as the case may be) revert to you, even if the Company does not exercise the rights under the license within a period of one year from the date of such license. You hereby waive any right to raise, and agree not to raise, any objection or claim before the commercial court or any other applicable authority with respect to this license pursuant to Section 30 of the (Indian) Copyright Act, 1957 or any equivalent law in any other jurisdiction.
4.4. When you share User Content through the App, you relinquish any entitlement to review or authorize any marketing or promotional materials associated with that User Content. Additionally, you forego all rights related to privacy, publicity, or any similar rights concerning your User Content or any part of it. If there are any moral rights that cannot be transferred or assigned, you explicitly waive those rights and commit to never assert them or endorse any action founded on such moral rights in connection with any User Content you post through the App.
4.5. We are under no obligation to edit or control the User Content that you or other Users post or publish, and will not be in any way responsible or liable for the User Content. However, if notified by a User or a content owner that the User Content allegedly does not conform to these Terms or is in violation of applicable law, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without prior notice. The Company may, at any time and without prior notice, screen, remove, edit, or block any User Content that is in violation of these Terms and/or applicable law or pursuant to a complaint received from a User or any other third party.
4.6. The Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the App. By providing User Content via the App, you affirm, represent, and warrant that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize the Company and users of the App to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by the Company, the App, and these Terms;
(b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not include content that: (i) infringes, violates, or misappropriates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slanders, defames, or invades the right of privacy, including right to bodily privacy, publicity or other property rights of any other person;(iii) causes the Company to violate any law or regulation including, without limitation, data protection laws; (iv) you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties;
(c) your User Content that is not patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
(d) your User Content is not harmful to children;
(e) your User Content should not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, paedophilic, libellous, harassing, threatening, embarrassing, hateful, racially or ethnically objectionable, relating to money laundering or gambling or otherwise inappropriate, or contrary to the laws in force in India;
(f) your User Content does not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicate any information which is patently false or misleading in nature but may reasonably be perceived as a fact; or
(g) your User Content does not threaten 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 cognisable offence or prevent investigation of any offence or is insulting other nation.
5. PROHIBITED CONDUCT
BY USING THE APP YOU AGREE NOT TO:
(a) use the App for any illegal purpose or in violation of any local, state, national, or international law;
(b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
(c) interfere with security-related features of the App, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the App except to the extent that the activity is expressly permitted by applicable law;
(d) interfere with the operation of the App or any user’s enjoyment of the App, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the service on the App;
(e) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other account without permission, or falsifying your information; or
(f) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use the App or any Materials.
6. CHARGES
6.1. The App is provided free of charge to Users.
6.2. The Company reserves the right to charge fees for access and use of the App in the future and these Terms will be modified accordingly.
7. ACCOUNT SECURITY
The User is responsible for all activities and transmissions through your account. You are solely responsible for maintaining the security and confidentiality of the username and other security credentials (OTPs etc.) required to access the App. You must immediately notify the Company of any unauthorised use of your account or any other breach of security at support@connecttherelevant.com. The Company will not be liable for any loss or damage arising from your failure to comply with this provision.
8. DISRUPTION
The Company makes no guarantee as to availability, quality or service levels of the access to the App on a 24x7 basis or promise uninterrupted access to the App. Disruption of services may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstance. The Company may also suspend the access of the App for specific Users permanently or temporarily for any reason whatsoever, including while investigating complaints or alleged violations of these Terms, or disable access to the App for such User.
9. THIRD PARTY DISPUTES
Any dispute between you and any other third party arising out of the use of the App shall not be the responsibility or liability of the Company. The Company shall not be held liable for any negligent conduct or behaviour, whether actions or omissions, of any third party in relation to the use of the App. The Company encourages you to report any complaints about the App to the Company by contacting the designated person mentioned in section 14 below, and the Company shall take appropriate action as soon as reasonably possible.
10. OTHER TERMS AND CONDITIONS
10.1. You will use the App for lawful purposes only and comply with all applicable laws and regulations while using the App.
10.2. You will provide authentic and true information in all instances where any information is requested of you.
10.3. If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject your registration, and debar you from accessing the App in the future without any prior intimation whatsoever, and without any liability to you.
10.4. You are accessing the App at your sole risk.
10.5. You acknowledge and agree that the Company has no relationship with you other than to provide access to the App as per this Terms.
11. DISCLAIMER OF WARRANTIES
The App will be made available on an as-is-where-is basis. The Company disclaims any liability as to the accuracy, completeness, reliability, fitness, availability or relevance of the App. The company makes no warranty or representation to Users with respect to the App that (a) your use of the App will meet your requirements; (b) your use of the App will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the App will be accurate or reliable; and (d) defects in the operation or functionality of any software provided to you as part of the App will be corrected. The Company expressly disclaims all warranties, express, implied, statutory or otherwise, including, without limitation, warranties as to the quality, performance, merchantability or fitness for a particular purpose of the App. In no event shall the Company be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use of App, even if the Company knows or has been advised of the possibility of such damages.
12. INDEMNITY
The User agrees to indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, directors, agents, and third parties, for any losses, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of its use of the App and/or arising from a breach of these Terms, any violation of third party data protection rights, and/or any breach of its representations and warranties set forth above and/or any fraudulent act on its part.13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP OR ANY MATERIALS OR CONTENT ON THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE APP, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO A SUM OF INR 1000/-.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. TERMINATION
These Terms are binding from the time you access the Application and will continue until either you or the Company terminates your account or the Company terminates these Terms.
Any violation or breach of the Terms may lead to automatic suspension or termination of your account or access to the App , and we shall not be responsible or liable for any damages in this regard. The termination of these Terms will not affect your liability that may have arisen under the Terms prior to the date of termination.
You may request deletion of your account by going to Account Settings in your CONNECT… App. Your account will be deleted after 30 days permanently unless you decide to re-login, in that case the deletion process would be cancelled automatically without affecting the terms of service and usage of the App.
Upon termination, your right and license to access and/or use the App immediately ceases and your account will be deactivated. Further, your personal information that is in the possession of the Company will be dealt with in accordance with our Privacy Policy.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the jurisdiction of the courts in Mumbai.
16. GRIEVANCES
The Company takes matters related to intellectual property rights and privacy very seriously. Should you have any complaints regarding the App, including but not limited to abuse and misuse of the App, or any issues related to data privacy please report the same to our Grievance Redressal Officer, Mahesh Thorat, grievance@connecttherelevant.com. Please provide your name, email address, physical address and contact numbers so that we are in a position to verify the details of the complaints.
17. ASSIGNMENT
You cannot assign or otherwise transfer the Terms, your account or any rights hereunder to any third party. Our rights under the Terms with respect to App are freely transferable to any third parties without the requirement of seeking your consent.
18. PRIVACY POLICY
Please read the Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
19. NO WAIVER
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
20. SEVERABILITY
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.