Terms Of Service

TERMS OF SERVICE

USER AGREEMENT

This document is an electronic record in terms of the Information Technology Act, 2000, and the applicable rules thereunder. This electronic record 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) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of https://girltribe.app/, including the related mobile site and mobile application app.girltribe (hereinafter referred to as “Platform”).  The Platform endeavours to inter alia:

(a) build an online community to bring women and the persons who identify themselves as women, closer to each other;

(b) help You find and connect with other Users that You connect with or matter to You;

(c) provide You with a platform to express yourself and to communicate with Your connections on the Platform; and

(d) provide You with posts, stories, events, advertisements and other content that You follow and other features of the Platform that You may use.

To provide You with a personalised experience with respect to the foregoing, We use the data that We have about You, while at the same time protecting Your data in line with all reasonable standards. You should also read the Privacy Policy as it explains how We collect, use, and share information about You when You access or use Our Platform. The Privacy Policy is hereby incorporated by reference into these Terms.

If you do not accept and agree to be bound by all of the Terms including the Privacy Policy, do not use the Platform. By using the Platform offered by MissMalini Entertainment Private Limited, You confirm that You have read the following terms (“Terms”) and unconditionally agree to be bound by them. Please read these Terms carefully. If you are accepting these Terms on behalf of another legal entity, including a business or a government, You represent that you have the full legal authority to bind such entity to these Terms. Please Contact Us regarding any questions in relation to these Terms.

For the purpose of these Terms, wherever the context so requires, “You”, “Your” or “User” shall mean any natural or legal person who has agreed to join the Platform by creating an account on the Platform (“Account”) or has agreed to use Our Platform. The terms “We”, “Us” and “Our” shall mean MissMalini Entertainment Private Limited

1. Eligibility

1.1. The Platform is exclusively for women and persons who identify themselves as women.

1.2. You must have attained the age of 18 years, or such other higher age for giving consent as may be required under the laws of Your country, to create an Account or otherwise use the Platform.

1.3. If We have previously disabled Your Account for violation of law or any of Our policies, or if You are a convicted sex offender, then You are not eligible to create an Account or otherwise use the Platform.

2. Charges

2.1. Membership on the Platform is free for Users. We do not charge any fee for creating an Account on the Platform. However, We reserve the right to change the fee policy from time to time.

2.2. We may at Our sole discretion introduce new services and modify some and all of the services offered on the Platform. In such an event, We reserve the right to introduce fees for the new services or introduce a fee for existing services, as the case maybe. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

2.3. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to MissMalini Entertainment Private Limited.

3. Your Use of the Platform

3.1. You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the binding          principles in this Section 3 of the Terms.

3.2. You will not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You do not have any right to host, display, upload, modify, publish, transmit, update or share;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, or otherwise unlawful in any manner whatever;

(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes illegal activities, obscenity, paedophilia, abuse, threatening, defamation, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(d) attempts to harass harasses or advocates harassment of another person, Our team or moderators;

(e) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(f) 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;

(g) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(h) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(i) exploits people in a sexual, violent or otherwise inappropriate manner;

(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(k) shares video, photographs, or images of another person, which they are not authorised to;

(l) 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 personally identifiable information from other users;

(m) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(n)  refers to any platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other platform, or contains content that would be prohibited or violates the letter or spirit of these Terms;

(o) harm minors in any way;

(p) violates any law for the time being in force;

(q) deceives or misleads the addressee/ users about the origin of such messages;

(r) impersonate another person;

(s) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(t) 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;

(u) is false, inaccurate or misleading;

(v) directly or indirectly, offers attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of these Terms or any applicable law, rule, regulation or guideline for the time being in force; or

(w) creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider or other suppliers.

3.3. When accessing or using the Platform, You must respect others and their rights, including by following these Terms and the Community Guidelines, so that we all may continue to use and enjoy the Platform. Additionally, when accessing or using Our Platform, You will not:

(a) do anything that violates our community guidelines or attempt to circumvent any content-filtering techniques We use;

(b) impersonate others or provide inaccurate information;

(c) do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose;

(d) violate (or help or encourage others to violate) these Terms, Our community guidelines, Our Privacy Policy or any other of Our policies;

(e) do anything to interfere with or impair the intended operation of the Platform or a part of the Platform;

(f) attempt to access or collect information in unauthorized ways; or

(g) attempt to buy, sell, or transfer any aspect of your Account (including your username) or solicit, collect, or use login credentials, virtual goods or badges of other users

3.4. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder and all other applicable laws, rules and regulations including international laws, as may be applicable, regarding Your use of Our Platform. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law for the time being in force.

3.5. 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.

3.6. We grant You a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely as permitted by these Terms, until the time that your Account is active. We reserve all rights not expressly granted to You by these Terms. Except as permitted through the Platform or as otherwise permitted by us in writing, Your license does not include the right to:

(a) license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, Content, Digital Content, Third-Party Content or MM Originals;

(b) modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Platform, Content, Digital Content, Third-Party Content or MM Originals; or

(c) access the Platform, Content, Digital Content, Third-Party Content or MM Originals in order to build a similar or competitive website, product, or service.

3.7. We reserve the right to modify, suspend, or discontinue the Platform (in whole or in part) for You, at any time, with or without notice to You. Any future release, update, or other addition to functionality of the Platform will be subject to these Terms, which may be updated from time to time. You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.

4. Your Account and Account Security

4.1. To use certain features of our Platform, You may be required to apply for creating an Account and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy. The application to create an Account will be approved by Us and We reserve the right to reject any application for creating an Account.

4.2. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify Us if You discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Platform. You will not license, sell, or transfer your Account without Our prior written approval.

4.3. We support the responsible reporting of security vulnerabilities. Therefore, to report a security issue, please send an email to [email protected] for resolving security issues.

4.4. You give us permission to show your username, profile picture, and information about Your actions (such as likes) or relationships (such as follows) next to or in connection with any Content, accounts, advertisements, offers, and other sponsored content that You follow or engage with, that are displayed on the Platform, without any compensation to you.

5. Your Content

5.1. The Platform may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Platform by You or through your Account (“Your Content”).

5.2. We take no responsibility for and We do not expressly or implicitly endorse any of Your Content. Our role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to such Content. Being an intermediary, We have no responsibility and/or liability in respect of any such Content on the Platform, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.

5.3. By submitting Your Content to the Platform, You represent and warrant that You have all rights, power, and authority necessary to the rights to Your Content contained within these Terms and You alone are responsible for Your Content. As a result, You may expose yourself to liability if You post or share Content without all necessary rights. You retain any ownership rights You have in Your Content, but you grant Us the following license to use that Content, without any compensation.

5.4. When Your Content is created with or submitted to the Platform, You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, picture, information, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Us. You also agree that We may remove metadata associated with Your Content, and You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

5.5. Any ideas, suggestions, and feedback about Us or Our Platform that You provide to us are entirely voluntary, and You agree that We may use such ideas, suggestions, and feedback without compensation or obligation to You.

5.6. Although We have no obligation to screen, edit, or monitor Your Content, We may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our community guidelines [IL7] as may be formulated from time to time (“Community Guidelines”), or if You otherwise create liability for us. Notwithstanding this right, You remain solely responsible for the Content You post on the Platform and in your private messages.

5.7. We have Content filtering techniques and We make our best endeavours to ensure that Content that is sensitive or may hurt religious and political sentiments of Users or potentially distressing is not displayed on Our Platform. However, considering our Platform is a social networking Platform, there may be sensitive topics discussed on our Platform that may cause distress or trigger any trauma, for which We assume no responsibility.

5.8. We may also change a username or similar identifier selected by You for Your Account, if We believe it is appropriate, required or necessary (for example, if it infringes someone’s intellectual property or impersonates another user). If Your Content includes features which We make available (for example, images, designs, videos, or sounds we provide that You add to Your Content), we retain all rights to Our Content.

5.9. Although our Platform is normally available, there will be occasions when our Platform will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond Our control. Also, although We will normally only delete Content that violates these Terms, We reserve the right to delete any Content for any reason, without prior notice. Deleted Content may be stored by Us in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, We encourage You to maintain your own backup of Your Content. In other words, We are not a backup service provider. We shall not be liable to You for any modification, suspension, or discontinuation of Our Platform, or the loss of any Content.

5.10. You can delete Your Content individually or all at once by deleting your Account. When you delete Your Content, it will no longer visible to other Users. Nevertheless, such deleted Content may continue to exist elsewhere on our systems in the following situations:

(a) Deletion of such Content is not possible immediately due to technical limitations;

(b) You have licensed Your Content to others and they have not deleted it; and

(c) Such Content is required to identify or investigate any illegal activity or breach of the Terms or any applicable law, comply with a legal obligation or an order by a judicial/law enforcement or government agency.

In the aforementioned situations, We will not retain Your Content with Us for any time that is longer than required for the purposes above.

6. Third-Party Content, Advertisements and Promotions

6.1. The Platform may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under Our control, and We are not responsible for any of their content, websites, products, or services. Your use of Third-Party Content is at your own risk and You should make any investigation You feel necessary before proceeding with any transaction in connection with such Third-Party Content providers.

6.2. The Platform may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and You acknowledge and agree that We may place advertisements in connection with the display of any Content or information on the Platform, including Your Content.

6.3.We may choose to use the Platform to conduct promotional activities such as contests or sweepstakes or raffles. We shall conduct such promotion in compliance with all applicable laws and regulations. Official rules for such promotional activities such as contest or sweepstakes or raffles shall be presented by Us on the Platform. Such promotional activities should in no event be construed to be sponsored by, endorsed by, or associated with Apple Inc. or Google Inc. In no event will We permit any User to conduct any in-app purchases to purchase credit or currency, for use in conjunction with real money gaming of any kind, or enable any User to purchase lottery or raffle tickets or initiate fund transfers in the Platform.

6.4. If You choose to use the Platform to conduct a promotion, including a contest or sweepstakes or raffles, You alone are responsible for conducting the promotion in compliance with all applicable laws and regulations. Official rules for such promotional activities such as contest or sweepstakes or raffles must be presented by You on the Platform. The terms of Your promotion must specifically state that the promotion is not sponsored by, endorsed by, or associated with Us, Apple Inc. or Google Inc., and the rules for Your promotion must require each entrant or participant to release Us, Apple Inc. and Google Inc. from any liability related to the promotion. In no event will You conduct any in-app purchase to purchase credit or currency, for use in conjunction with real money gaming of any kind, or enable any user to purchase lottery or raffle tickets or initiate fund transfers in the Platform.

7. Moderators

7.1. Apart from moderators who are Our employees, moderating a community on the Platform is an unofficial, voluntary position that may be available to Users of the Platform. We are not responsible for actions taken by the moderators. We recognize that moderation can take some work, so We may change the features or abilities associated with moderating from time to time without prior notice. We reserve the right to revoke or limit a User’s ability to moderate at any time for or without any reason.

7.2. If You choose to moderate a particular community on Our Platform:

(a) You must act in good faith;

(b) You agree that when You receive reports related to Your community, You will take action to moderate by removing the content or User and/or escalating the issue to Us for review;

(c) You shall not represent that You are authorized to act on behalf of Us;

(d) You are obligated to comply with Community Guidelines;

(e) You may not enter into any agreement with a third party on behalf of Us, or any community that You moderate, without Our written approval;

(f) You may not perform moderation actions in return for any form of compensation or favour from third parties;

(g) If You have access to non-public information as a result of moderating a community, You will use such information only in connection with Your performance as a moderator; and

(h) You may create and enforce rules for the Platform in relation to the community You moderate, provided that such rules do not conflict with these Terms and Community Guidelines.

7.3. We reserve the right, but have no obligation, to overturn any action or decision of a moderator if We believe that such action or decision is not in Our interest or Our community’s interest.

8. Digital Content

8.1. The Platform may also serve as an online over-the-top platform providing users with live and/or on-demand audio and video content of various genres which may be offered by either Us, You or by third party content providers (all such content, collectively, the “Digital Content”).

8.2. Digital Content offered by You and third-party Digital Content providers shall be subject to the terms and conditions applicable to any Content under these Terms, including the license provided in Section 5 above. For such Digital Content provided by You and third parties, the Platform merely offers a hosting service to respective content owners for displaying their Content and/or by allowing their content to be viewed by You on the Platform. We have no ownership or control whatsoever on Your Digital Content or third-party Digital Content. We play no role in creating/developing such Digital Content. Our role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to such Digital Content. Being an intermediary, We have no responsibility and/or liability in respect of any such Digital Content on the Platform, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.

8.3. The Platform may also provide content which is commissioned by Us and/or is procured by Us (such content, “MM Originals”).

8.4. Irrespective of the source of the Digital Content, You, at all times, are responsible for Your use of the Platform and for viewing any Digital Content and We shall have no liability with respect to any loss or damage caused by viewing or relying on the Digital Content. By hosting MM Originals on the Platform and by permitting the hosting, uploading or streaming of Your Content and third party Content on the Platform, We will neither be guaranteeing nor giving any warranty nor making any representation with respect to the contents therein. The Digital Content provided on the Platform is for entertainment or information purposes only and We will neither be endorsing the views, products or the services being depicted or offered as part of the Digital Content nor will We be responsible for quality or features of the Digital Content displayed on the Platform. Unless expressly stated otherwise, all characters, themes and events depicted in MM Originals may be entirely fictitious and any similarity to actual events or persons, living or dead, is purely coincidental, unintentional or accidental.

8.5. Digital Content may be made available to You through different modes, including via video-on-demand or on a live streaming basis, depending on the nature of the Digital Content and at the discretion of the owner of the Digital Content. You may choose to view any Digital Content at Your discretion at a time chosen by you and by accepting these Terms and any other terms relating to such Digital Content

8.6. Please note that the availability of, and Your ability to access, the Digital Content (a) is subject to applicable law and the contractual arrangements between Us and the Digital Content owners; and (b) may be dependent upon your geographical location, your internet/data connectivity or your system capabilities or compatibility with the Platform. Not all Digital Content will be available to all Users. You, therefore, hereby agree and acknowledge that You are accessing the Platform and availing of the Digital Content, at Your own risk, choice and initiative, and You agree and undertake to ensure that Your use of the Platform and the Digital Content complies with all applicable laws including the local laws in your jurisdiction. Further, you agree and acknowledge that the Digital Content may vary from place to place, time to time and device to device and the quality and the quantity of your access to the Digital Content or the use of the Platform would be subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc.

8.7. If you choose to view or rely on any Digital Content or information on the Platform which does not expressly belong to Us, You will be impliedly accepting the terms of viewing of such Digital Content or information, as offered by the Content providers, and We will neither be a party to such an arrangement nor will We in any manner be concerned or liable or responsible for such arrangement.

8.8. You hereby acknowledge that the Digital Content is created and owned by the respective Content owners who own all the rights including the copyrights with respect to such Content. The Digital Content is available on the Platform for personal and non-commercial use only and You shall not use it for any commercial, promotional, resale, further distribution or any other unauthorized purposes. You agree not to use the Digital Content for public performances. You further acknowledge that all the intellectual property rights contained in the MM Originals are solely owned by Us. During the term of your membership or Account with Us, We grant You a limited, non-exclusive, non-transferable, revocable right to access the Platform and view the Digital Content. Except for the foregoing, no right, title or interest shall be transferred to You in any Digital Content or the Platform

8.9. We can terminate your Account or place your Account on hold in order to protect Our or the interests of the Content owners of the Digital Content, from an actual, probable or suspected theft, loss, damage or other fraudulent activity.

9. Copyright & Takedowns

9.1. We respect the intellectual property of others and requires that users of our Platform do the same. We have a policy that includes the removal of any infringing materials from the Platform and for the termination, in appropriate circumstances, of Users of our Platform who are repeat infringers. If You believe that anything on our Platform infringes a copyright that You own or control, You may notify Us by contacting the below official:

Communication details

Copyright Editor

MissMalini Entertainment

Amardeep, 3rd Floor

17th North Ave, Santacruz West

Mumbai, India 400053

[email protected]

9.2. Please note that if You knowingly misrepresent that any activity or material on our Platform is infringing, You may be liable to Us for certain costs and damages.

9.3. If We remove Your Content in response to a copyright or trademark notice, We will notify You. If You believe Your Content was wrongly removed due to a mistake or misidentification, You can send a counter-notification to our agent (contact information provided above).

10.  Premium Services, Virtual Goods and Payment Information

10.1. There are no fees for use of many aspects of the Platform. However, premium features, virtual goods, which include coins or promotional rewards, badges and points may be granted/ awarded on use of certain features in the Platform. We do not guarantee that the virtual goods will continually be offered, including coins or awards such as reward points, scratch cards, badges etc. for any particular length of time. We may modify, add, reduce or transfer the virtual goods at Our sole discretion, and such modifications may make redundant some or all virtual goods. We may immediately suspend or terminate virtual goods for any or no reason, in Our sole discretion, and without advance notice or liability. Any virtual good may be withdrawn, and restrictions on any virtual good redemption may be imposed at any time, even though such changes may affect the value or utility of the virtual good, or the ability to obtain certain virtual goods. In accumulating virtual goods, Users may not rely upon the continued availability of any virtual goods.

10.2. Virtual goods have no monetary value (i.e., are not a cash account or equivalent and cannot be redeemed for cash), and do not constitute currency or property of any type. Virtual goods cannot be sold to other Users, and cannot be exchanged for cash or for any other goods and services. Users have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased virtual goods, which will remain Our Digital Content subject to the Terms. Virtual goods are non-refundable. You may not sell, barter, or trade any virtual goods, or offer to sell or trade any virtual goods. Any such attempted transfer will be null and void.

10.3. We may change the fees or benefits associated with the premium features from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the premium features.

10.4. You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Platform to purchase premium features or other paid products or services. We use third-party service providers to process your Payment Information. If You submit your Payment Information, You agree to pay all costs that You incur, and You give us permission to charge You when payment is due for an amount that includes these costs and any applicable taxes and fees.

10.5. While availing any of the payment methods available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

(a) Lack of authorization for any transaction; or

(b) Exceeding the preset limit mutually agreed between You and the banks; or

(c) Any payment issues arising out of the transaction; or

(d) Decline of transaction for any other reason.

10.6. All payments made against the purchases/services on Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

10.7. While making a payment, You must:

(a) provide a valid payment credential;

(b) pay attention to the details of the transaction, because the total amount payable by You may include taxes, fees, and shipping costs, all of which You are responsible for paying;

(c) carefully go through any additional terms related to a specific payment before You confirm the transaction;

(d) adhere to the additional terms and conditions of the third-party service providers engaged by Us to process Your Payment Information and terms and conditions of Your card issuer.

11. Using Platform for Transactions and making Purchases

11.1. We provide Users with a Platform to communicate with other Users, including for their transactions. We are not and cannot be a party to or control in any manner any transaction between the Platform’s Users. If the User uses the Platform to buy or sell services, the User agrees to the following terms:

(a) All commercial/contractual terms are offered by and agreed between the seller and buyer alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services.

(b) We do not have any control or do not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers. All discounts, offers (including exchange offers) are by the seller/brand and not Us. Placement of order by a buyer with seller on the Platform is an offer to buy the product(s) in the order by the buyer to the seller and it shall not be construed as seller’s acceptance of buyer’s offer to buy the product(s) ordered. The seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer shall be intimated of the same by way of an email/SMS. Every seller shall ensure that any transaction price paid by buyer in case of such cancellation by seller, shall be refunded to the buyer. Further, the seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the seller and may vary from individual to individual.

(c) We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.

(d) We are not responsible for any non-performance or breach of any contract entered into between buyers and sellers. We cannot and do not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. We shall not and are not required to mediate or resolve any dispute or disagreement between buyers and sellers.

(e) We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.

(f) We do not at any point of time during any transaction between buyer and seller on the Platform come into or take possession of any of the products or services offered by Seller nor do at any point, gain title to, or have any rights or claims over the products or services offered by any seller to buyer.

(g) At no time shall We hold any right, title or interest over the products nor shall We have any obligations or liabilities in respect of such contract entered into between buyers and sellers. We are not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back-ordered.

(h) The Platform is only a platform that can be utilized by Users to inter alia reach a larger base to buy and sell products or services. We are only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. We, currently, do not facilitate business to a business transaction between sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of an input tax credit.

(i) At no time shall We hold any right, title or interest over the products nor shall We have any obligations or liabilities in respect of such contract.

(j) We are not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back-ordered.

(k) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

(l) Unless otherwise mentioned on the product page of the respective goods or services, any dispute as regards delivery of defective or deficient goods or services must be addressed by the User to the seller within 7 (Seven) days of the date of receipt of the items. Any claims made after 7 (Seven) days shall not be entertained and the User shall be deemed to be satisfied with the goods and service.

(m) Any images displayed on the Platform for goods are for illustrative purposes only. Characteristics of actual goods may vary.

12. Girl Tribe Store

12.1. We may also offer certain items such as stickers, goods including apparel and accessories, premium or masterclass subscription, and any other goods and services as may be listed by Us from time to time on the Platform (“MM Goods”).

12.2. The MM Goods may be purchased by User either by payment through the virtual goods offered by Us on the Platform or through monetary payment using the Payment Information provided by You. Please refer to Section 10 above for terms related to Payment Information.

12.3. If a User uses the Platform to buy such MM Goods, the User agrees to the following terms:

(a) In addition to the Terms herein, the User agrees to all commercial/contractual terms related to the respective MM Goods, as mentioned in their respective product details on the Platform. The commercial/contractual terms may include without limitation, shipping costs, cancellation and refund policy, expected date of delivery, warranties related to goods and services and after sales services related to goods and services.

(b) All the MM Goods sold by Us on the Platform, if returnable, shall be subject to the cancellation and refund policy available at the Platform, which is incorporated herein by reference. In case of return of any MM Goods already delivered by Us, the refund for such returned MM Goods shall be subject to quality assessments conducted by Us. Notwithstanding the above, certain MM Goods may be non-returnable and non-refundable. Please go through the specific terms and conditions of any MM Goods that You intend to order from Us.

(c) We do not accept liability for damage to persons or property whatsoever caused in relation to MM Goods purchased by You on the Girls Tribe Store. We will not be liable or responsible for the MM Goods offered through the Girl Tribe Store and We give no warranty (whether express or implied) or representation either express or implied with respect to type, quality or fitness of goods and services acquired or their suitability for any purpose provided. Please note that We may obtain the MM Goods from third-party vendors/suppliers/manufacturers, for which we do not have any control and we do not determine or advise in the offering or acceptance of any commercial/contractual terms appended to them. All guarantees and warranties in relation to the MM Goods shall be deemed to be transferred ‘as is’ from the vendors/ suppliers/ manufacturers of the respective MM Goods.

(d) Placement of an order for MM Goods by a User on the Platform is an offer by the User to buy such MM Goods, and it shall not be construed as Our acceptance of the User’s offer to buy the MM Goods ordered. We retain the right to cancel any such order placed by the User, at Our sole discretion and the User shall be intimated of the same by way of an email/SMS. Any transaction price paid by the User in case of such cancellation shall be refunded by Us to the buyer. All goods listed under the Girl Tribe Store are subject to availability of the goods and supplier restrictions, at the time of purchase. The goods listed in the Girls Tribe Store are subject to change without any prior notice.

(e) We do not make any representation or warranty as to specifics (such as quality, value, saleability, warranty, etc) of the MM Goods proposed to be sold or offered to be sold by Us on the Platform, and we are not responsible for any non-performance or breach of any contract in relation to the same.

(f) Any images displayed on the Platform for goods are for illustrative purposes only. Characteristics of actual goods may vary.

(g) Any dispute as regards delivery of defective or deficient MM Goods from the Girl Tribe Store must be addressed by the User to Us within 7 (Seven) days of the date of receipt of the items. Any claims made after 7 (Seven) days shall not be entertained and the User shall be deemed to be satisfied with the MM Goods.

 

13. Indemnity

13.1. Except to the extent prohibited by law, You agree to defend, indemnify, and hold Us, Our licensors, Our third-party service providers and Our officers, employees and agents (the “MissMalini Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party or User due to or arising out of (a) Your use of the Platform, (b) Your violation of these Terms, (c) Your violation of applicable laws or regulations, or (d) Your Content or Digital Content. We reserve the right to control the defense of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.

14 . Disclaimer

14.1. The services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We, our licensors, and its third-party service providers do not warrant that the services are accurate, complete, reliable, current, or error free. We do not control, endorse, or take responsibility for any Content available on or linked to the Platform or the actions of any third party or User, including moderators. While We attempt to make Your access to and use of our Platform safe, We do not represent or warrant that our Platform or servers are free of viruses or other harmful components.

15. Limitation of Liability

15.1. In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will MissMalini Entities be liable to You for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these Terms or the Platform, including those arising from or relating to Content made available on the Platform that is alleged to be defamatory, offensive, or illegal or the failure of any User to uphold his/her commitments made to You on the Platform. Access to, and use of, the services on the Platform is at your own discretion and risk, and You will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will the aggregate liability of the MissMalini Entities exceed Rs. [An amount for limitation of MM’s liability to be inserted] or any amount You paid to Us in the previous three months for the services giving rise to the claim, if any, whichever is lower. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the MissMalini Entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

16. Governing Law, Dispute Resolution and Jurisdiction

16.1. We want You to enjoy our Platform, so if You have an issue or dispute, You agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing to our grievance officer at the details mentioned below:

Attn:  Grievance Officer

MissMalini Entertainment

Amardeep, 3rd Floor,17th North Ave, Santacruz West

Mumbai, India 400053

[email protected]

16.2. In the event that the aforementioned grievance officer is unable to resolve the dispute with you, then the dispute shall be adjudicated by a sole arbitrator to be appointed by Us. The venue and seat of the arbitration shall be Mumbai, India, and the decision of the arbitrator shall be final and binding. Any claims arising out of or relating to these Terms or the Platform shall be governed by the laws of India. The courts situated at Mumbai, India will have exclusive jurisdiction with respect to any claims, disputes, controversies and differences relating to the Platform and these Terms

17. Changes to these Term

17.1. We may make changes to these Terms from time to time. If We make changes, We will post the amended Terms of our Platform and update the Effective Date above. If the changes, in our sole discretion, are material, We may also notify You by sending an email to the address associated with your Account (if You have chosen to provide an email address) or by otherwise providing notice through our Platform. By continuing to access or use the Platform on or after the Effective Date of the revised Terms, You agree to be bound by the revised Terms. If You do not agree to the revised Terms, You must stop accessing and using our Platform before the changes become effective.

18. Additional Terms

18.1 Because We offer a variety of services on the Platform, You may be asked to agree to additional terms before using a specific product or service offered by Us (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding service.

19. Termination

19.1. You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of the Platform. If You stop using the Platform without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

19.2. We may suspend or terminate your Account, status as a moderator, or ability to access or use the Platform at any time for any or no reason, including for a violation of any applicable laws, these Terms or our Community Guidelines.

20. Survival

20.1. The following sections will survive any termination of these Terms or of your Accounts: Sections 3 (Your Use of the Platform), 5 (Your Content), 11 (Using Platform for Transactions and making Purchases), 12 (Indemnity), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Governing Law, Dispute Resolution and Jurisdiction), 118 (Termination), 19 (Survival) and 20 (Miscellaneous).

21. Miscellaneous

21.1. These Terms constitute the entire agreement between You and Us regarding Your access to and use of the Platform. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms and Our obligations herein.