Terms & Conditions

Last updated: 2021-07-01

These Terms of Use (the “Terms”) are applicable to any person (“User” or “you”) who accesses the ‘The-HER-Tribe’ website and mobile application (together, “Platform”), or enquires about or avails of any Services (as defined below) through the Platform.

The Platform (The-HER-Tribe) is owned and operated by The Brainy Bees Private Limited (the “Company”, “us” or “we”). Through the Platform, the Company offers celebrity-fan engagement through tutorial(s)/class(es) conducted by celebrities and leading experts and audio-video shout-outs, selfie-photo generation, live chat and other activities of like nature (“Services”).

By using the Platform or procuring any Services, the Users shall be deemed to have accepted these Terms as a binding document that governs User’s dealings and transactions with the Company. If the User does not agree with any part of these Terms, then the User may not avail the Services.

All rights and liabilities of the User and the Company with respect to any Services facilitated by the Company shall be restricted to the scope of these Terms.

The Company provides the Services subject to the notices, terms, and conditions set forth in these Terms. In addition, when you use the Platform, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such Services, which will be deemed to be incorporated into these Terms by reference.

The Company reserves the right to change, modify or suspend the Platform, the contents thereof, the Services and these Terms at any time without any prior intimation to you. All modifications will be posted on the Platform and will become effective immediately upon such posting to the Platform. Use of the Platform constitutes the User’s acceptance of such Terms provided by us in relation to any Services, as may be amended from time to time. Please review these Terms regularly to remain informed of any change. These Terms were last modified on Friday, 1^st September 2021

1. Platform Terms of Use 1. Eligibility

1.1. You will be eligible to transact on the Platform only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above 18 (eighteen) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.

1.2. As a minor, if you wish to use or transact on the Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parent). We reserve the right to terminate your membership and/or block access to the Platform if it is discovered that you are a minor or incompetent to contract according to the law, or any information pertaining to your age entered at the time of creation of account is false.

2. Content and Intellectual Property Rights

2.1. This Platform is controlled and operated by the Company. All content provided through the Platform, including but not limited to video and audio recording, voice recordings, broadcast, images, software, graphics, designs, text, icons, proprietary logos, service marks and trademarks and such similar content (“Content”), is registered by or licensed to, the Company and protected under applicable intellectual property laws.

2.2. You agree to follow all instructions provided by the Company which will prescribe the way you may use the Content. You shall not use this Content for any purpose, except as specified herein. The unauthorized use of Content will be in violation of applicable law.

2.3. You shall not distribute, exchange, modify, sell or transmit anything from the Platform, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree not to edit, rearrange or modify the Content made available on or through the Platform and shall use such Content as-is. You agree not to display, post or frame the Content for use on any other websites, apps, blogs, products or services, except as otherwise permitted by the Company. You agree not to create any derivative work based on or containing the Content. The framing of or in-line linking to the Services or any Content contained thereon and/or the use of WebCrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us shall be prohibited. You further agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Platform or in relation to the provision of the Services. As a general rule, you may not use the Content in any commercial product or service, without our express written consent.

2.4. You shall not create apps, extensions, or other Services that use our Content without our permission. You shall not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for access to the Platform.

2.5. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platform (“User Content”). You understand and acknowledge that (i) the Company shall have the right to moderate, review and approve the User Content submitted by you; (ii) the User Content submitted by shall be displayed, uploaded, published or made available on the Platform at the Company’s sole discretion. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Platform, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

2.6. You shall not write or send User Content using language or content which is:
a. belongs to another person and to which the user does not have any right;
b. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c. is harmful to child;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
g. impersonates another person;
h. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
i. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
j. is 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;
k. abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
l. contrary to any applicable law;
m. violates third parties’ intellectual property rights or other proprietary interest;
n. violates any third party’s right of privacy;
o. in breach of any other part of these Terms;
p. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
q. poses or creates a privacy or security risk to any person;
r. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; and
s. in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type.

2.7. You represent and warrant that you own all Intellectual Property Rights in your User Content and that no part of the User’s Content infringes any third-party rights. You further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. You agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by you or through your commissions or omissions.

2.8. You hereby grant to Company and its affiliates, partners, licensors and associates a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise) including but not limited to the following:
a. displaying User Content on the Platform and any material generated by the Company for any purpose including promotional and commercial purposes;
b. distributing User Content, either electronically or via other media, to other users seeking to download or otherwise acquire it.

2.9. The intellectual property rights (“Intellectual Property Rights”) in all software underlying the Platform and material published on the Platform, including (but not limited to) software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by the Company, its partners, licensors and/or associates. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content either in whole or in part without express written license from the Company.

2.10. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Platform either in whole or in part without express written license from the Company.

2.11. Except as specifically permitted herein, You may request permission to use any Content by writing to connect@thehertribe.org.

3. Platform Access and Use

3.1. You are granted a limited, non-exclusive, non-transferable right to access and use this Platform as expressly permitted herein.

3.2. You agree not to interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever. You agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You shall not access parts of the Services which you are not authorized to access or attempt to circumvent any restrictions imposed on your use or access of the Services.

3.3. The Platform shall be used by bonafide User(s) for a lawful purpose. We reserve the right to terminate or restrict your access to the Platform if, in our opinion, your use of the Services may violate any of the Platform’s rules for any of the Services as intimated to you, any laws, regulations or rulings, infringe upon another person’s rights or violate these Terms, for general maintenance or any other reason whatsoever. The Company reserves the right, in its sole discretion, to terminate the access to the Platform and the Services offered on the same or any portion thereof at any time, without notice. 3.4. The Company will use commercially reasonable measures to ensure that the Platform is free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Platform is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or devices or loss of data that may result from the download of such data or information.

3.5. You agree to provide true, accurate, current and complete information at the time of registration and at all other times. You further agree to update and keep updated your registration information.

3.6. The Company shall not be held liable if any notification, e-mail/SMS remains unread by you including as a result of such e-mail getting delivered to your junk or spam folder.

3.7. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify the Company of any unauthorized use of your passwords or accounts or any other breach of security.

3.8. The Company shall not be responsible for any loss or damage that may result if you fail to exit/log out of your account at the end of a session. Without limiting the foregoing, you agree not to use the Platform for any of the following:
a. To engage in, publish, post, upload, e-mail, distribute, or disseminate any obscene, offensive, unlawful, infringing, indecent, racial, communal, objectionable, defamatory or abusive action or communication;
b. To advertise, offer or sell any services or products or ideas for services or products for any commercial purpose on the Platform without the express written consent of the Company;
c. To interfere with or disrupt the Company servers, or networks;
d. To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
e. To harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
f. To advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
g. To further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
h. To obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
3.9. You shall not derive any commercial benefit from your access or usage of the Platform or Services, including by way of reselling of your access or integrating/bundling any service with your access to the Platform or with the Services.

3.10. Use of the Platform is subject to existing laws and legal processes. Nothing contained in these Terms shall limit the Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Platform.

3.11. If you violate any of the aforesaid terms or these Terms, the Company shall be at liberty to suspend your account or access to the Platform, suspend your utilisation of the Services, forfeit any fees paid for availing of the Services, and/or take appropriate legal action against you.

3.12. In the event you breach these Terms, the Company reserves the right to recover any amounts due to be paid by you to the Company, and to take appropriate legal action as it may deem necessary.

4. Registration

4.1. While you may visit some areas of the Platform without registration, the Services and certain information relating to the Services may be accessed only by registration. You may be provided with the option of registering /logging in to your account through your social networking accounts. You represent and warrant that the social networking accounts linked to your account on the Platform belong to you. The information sought at the time of registration may include details such as, your name, preferred language, age/date of birth, email address, financial information and phone number.

4.2. You shall provide complete and accurate information about yourself and shall notify us to keep this information up to date. Additionally, you shall have to check the box confirming that you have read and agreed to these Terms and the Platform’s Privacy Policy available at https://thehertribe.com/policy. (“Privacy Policy”) in order to complete the registration process. Any failure to adhere to the terms under the Privacy Policy shall be considered a violation of the Terms as set forth herein.

4.3. After registering on the Platform, you will receive a designated user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile phone, or any other device on which you access the Platform. Any and all actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same.

4.4. You shall not abuse the Services provided by the Company and shall take responsibility for any improper or illegal use of your account (including illegal or improper use by a third party who has used your password to access your account) and repay the Company with any costs and/or losses that we suffer as a result.

4.5. You shall not register or operate more than one registered user account. The Company reserves the right to terminate your registration at any time if it is found that you have been using the registered account for any illegal or improper activities.

4.6. You agree that you may not purchase, sell, trade, rent, lease, license, grant a security interest in, or otherwise transfer your user account to any third party.

4.7. In the event you do not abide by these Terms and all other rules, regulations and terms of use, the Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to: a. restricting, suspending, or terminating your access to all or any part of Services; or b. deactivating or deleting your account and all related information and files on the account.

4.8. The Company may limit your activity, warn other users of your actions, immediately suspend or terminate your registration, block your IP Address, refuse to provide you with access to the Platform, or take any other action it deems fit without any refund or return of any fees paid by you, if: a. you are in breach of these Terms; b. the Company is unable to verify or authenticate any information provided by you; or c. the Company believes that your actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for you, other users of the Company, or the Company itself.

4.9. In the event your account has been suspended or terminated, you shall not register or attempt to register with the Company with different credentials or use the Platform in any manner whatsoever until you are reinstated by the Company. The Company may at any time in its sole discretion reinstate suspended users.

5. Security and Account Related Information

5.1. You shall be solely responsible for maintaining the confidentiality of your account, the password as well as for all activities on the account. It is your duty to notify the Company immediately in writing of any unauthorized use of your password or account or any other breach of security. The Company will not be liable for any loss that may be incurred by you as a result of unauthorized use of the password or account, either with or without your knowledge. You shall use only your account at all times.

5.2. You understand that any information that is provided to this Platform may be read or intercepted by others due to any breach of security at your end.

5.3. The Company keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., the Company may at times verify certain information of its users like their credit score, as and when required.

5.4. The Company adopts the best industry standard to secure the information as provided by you. However, the Company cannot guarantee that there will never be any security breach of its systems which may have an impact on the information provided by you.

5.5. The data provided by you and as available with the Company may be shared with concerned law enforcement agencies for any lawful or investigation purpose without your consent.

6. General Payment Terms

6.1. The fees and any other charges due from you in connection with the Services (including any applicable taxes) shall be as per the rates in effect at the time at which it is charged (“Services Fees”). We reserve the right to revise the Services Fees from time to time. You agree to pay the Service Fees at the rates applicable at the time of purchase of the Services.

6.2. When you purchase any of the Services, you will be required to provide us with complete and accurate payment information. By submitting payment details, you represent and warrant to the Company that such information is true and that you are eligible and entitled to purchase the Services using those payment details. You shall be responsible for taxes, as applicable, associated with the Services.

6.3. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend access to the Services. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

6.4. The Company uses the services of third-party payment service providers to process your payment for the Services. Accordingly your usage of such third party services shall be in accordance with the terms and conditions as adopted and implemented by such service provider, and the Company shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by the Company in respect of the same.

6.5. As a general matter, all fees and charges are non-refundable, unless explicitly provided otherwise under these Terms. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired, in which case we will contact you.

6.6. If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with the Services at that price, even if we have mistakenly accepted your offer to avail the Services at that price, and we reserve the right to subsequently notify you of any pricing error. In such an event, you may cancel the Services without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices within 7 (seven) days of such notification, then we may cancel your access to the Services and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

6.7. You shall not share your personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of the Company. You shall immediately inform the Company if such details are demanded by any of its agents’ employees or representatives. The Company shall not be liable for any loss that you incur for sharing the aforesaid details.

7. Term and Termination

7.1. These Terms will remain in full force and effect while you continue the use of the Platform and/or avail of the Services. The Company retains the right to deny access to the Platform and/or the Services to anyone who it believes has violated any of these Terms or does not accept these Terms.

7.2. We may also suspend or terminate your access if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Platform and the Content or cease to provide Services.

8. Advertisements and Third-Party Websites

8.1. The Platform may contain links to third party websites and resources. The Company does not control such websites and is not responsible for their contents. If you access any third-party website, the same shall be done at your own risk and the Company shall assume no liability for the same.

8.2. The Company is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the service provider or the advertisers. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content or services available on or through any such website or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.

8.3. The Company does not endorse any advertisers on its Platform, or any linked sites in any manner. You are requested to verify the accuracy of all information provided on the third-party web pages.

8.4. The linked sites are not under the control of the Company and hence the Company is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites.

9. Warranties and Disclaimer

9.1. To the extent permitted under law, neither the Company nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.

9.2. Any material accessed, downloaded or otherwise obtained through the Platform is done at your discretion, competence, acceptance and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from your download of any such material.

9.3. The Company shall make best endeavors to ensure that the Platform is error-free and secure. However, neither the Company nor any of its partners, licensors or associates makes any warranty that:

1. The Platform/Services/Content will meet your requirements;
2. The Platform/Services/Content will be uninterrupted, timely, secure, or error free;
3. The results that may be obtained from the use of Platform/Services/Content will be accurate or reliable; and
4. The quality of Services, Content or information that you obtain through the Platform will meet your expectations.

9.4. To the extent permitted under law, neither the Company nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages arising out of the use of or inability to use our Platform, even if you have been advised of the possibility of such damages.

9.5. To the extent permitted under law, in the event of suspension or closure of any Services, you shall not be entitled to make any demands, claims, on any nature whatsoever.

9.6. In the event you breach, or the Company reasonably believes that you have breached these Terms or have illegally or improperly used the Services, the Company may, at its sole and absolute discretion, and without any notice to you, restrict, suspend or terminate your access to all or any part the Platform/Services including Services paid for by you, deactivate or delete your account and all related information on the account and further, take technical and legal steps as it deems necessary.

9.7. The Company reserves the right to introduce and initiate new features, functionalities, components to the Platform and/or Services and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform without any prior notice to you.

9.8. The Company may prescribe certain limits on the use of the Platform and/or Services or storage of Content at its sole discretion without any prior notice to you while at all times complying with its Privacy Policy.

9.9. The Platform, all the materials and Services, included on or otherwise made available to you through this Platform is provided by the Company on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that: a. this Platform and/or Services will be constantly available, or available at all; b. the information on this Platform or provided through the Services is complete, true, accurate or not misleading; or c. the quality of any services, information, or other material that you may obtain through the Platform or Services will meet your expectations.

9.10. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for particular purpose and non-infringement.

9.11. Nothing on this Platform constitutes, or is meant to constitute, advice of any kind nor shall the Company or any service provider thereon be liable or responsible for any action taken or consequence of any action taken by you with reliance on the same.

10. Limitation of Liability

10.1. You recognise that the Company is engaged in operating the Platform as an intermediary, and in the context of the Content and Services, its function is limited to providing access to the Content and Services in accordance with these Terms. Accordingly, the Company shall not be liable for any act or omission on the part of the service provider engaged in providing Services nor for any loss or liability arising out of or in relation to the Content.

10.2. The Company shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by you or any other person or entity during the course of access to the Platform or the Services.

10.3. You shall be solely responsible for any consequences which may arise due to your access of Platform by conducting an illegal act or due to non-conformity with these Terms including provision of incorrect personal details.

10.4. In consideration of the Company allowing you to access the Services, to the maximum extent permitted by law, you waive and release each and every right or claim, all actions, causes of actions (present or future) you have or may have against the Company, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Services.

10.5. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or availing of the Services.

11. User Representations and Indemnification

11.1. You shall represent, warrant and covenant that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous or other unlawful material.

11.2. You hereby agree to indemnify, defend and hold harmless the Company and all of the Company’s officers, directors, owners, agents, customers/clients, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable advocate’s fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants.

11.3. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. You shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and the Company cannot be held responsible for the same.

12. Information Gathered and Tracked

12.1. Information submitted or collected on the Platform or pursuant to the use of the Services shall be stored in a database or on the Company’s servers. Specifically, we store, inter alia, the username, name, e-mail address, contact number, as submitted or collected on our Platform or through the provision of the Services as well as your IP addresses, location and Content viewed by you. We may use such information to improve our Services, make personalised recommendations to you and/or to send out occasional promotional materials, including alerts on new services available, or other promotional and marketing material relating to our clients and customers.

12.2. The Privacy Policy shall be deemed and construed to be an integral part of these Terms, and any violation thereof shall constitute a breach of these Terms. You may find out more about how we use your information at https://thehertribe.org/policy.html which are incorporated by reference in these Terms.

13. Grievance Redressal

13.1. In case you have any complaints or grievance pertaining to (i) any User Content or your access to the Platform or (ii) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights – please refer to paragraph 13.2 for the reporting mechanism for such claims), or (iii) any User Content which your believe is, prima facie, in the nature of in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: connect@thehertribe.org

13.2. In your complaint or grievance, please include the following information:

(i) You name and contact details: name, address, contact number and email address;

(ii) Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;

(iii) The name of the person aggrieved or affected by the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person;

(iv) Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;

(v) A statement that you believe, in good faith, that the User Content violates these Terms or exposes the private area of an individual; and

(vi) A statement that the information provided in the complaint or grievance is accurate.

[AS1]

13.3. The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. Any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to the Company. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:

1. A clear identification of the copyrighted work allegedly infringed;
2. A clear identification of the allegedly infringing material on the Platform;
3. Your contact details: name, address, e-mail address and phone number;
4. A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
5. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
6. Your signature or a signature of your authorized agent.

The aforesaid notices can be sent to the Company by email at connect@thehertribe.org

13.4. On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.

13.5. The name and title of the Grievance Redressal Officer of the Company have been published and are available on the Platform at: https://thehertribe.com/contactus. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.

14. Miscellaneous

14.1. SEVERABILITY: If any provision of these Terms are determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

14.2. JURISDICTION: These Terms are subject to interpretation as per the laws of the Republic of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Mumbai.

14.3. AMENDMENT TO THE TERMS: The Company reserves the right to change the Terms from time to time. You are responsible for regularly reviewing the Terms.

14.4. CONFIDENTIALITY: You shall maintain confidentiality of any information which is specifically mentioned by the Company as confidential and such information shall not be disclosed unless as required by law or to serve the purpose of these Terms and the obligations of both the parties herein.

14.5. WAIVER: The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.6. ENTIRE AGREEMENT: These Terms constitute the entire agreement between you and the Company and govern your use of the Platform and the Services, superseding any prior agreements that you may have with the Company.

14.7. FEEDBACK FROM USER: The Company may request feedback of its users for improving the Services. You hereby authorize the Company to contact you for your feedback on various Services offered by the Company. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case you choose not to be contacted, you shall write to the Company for specific exclusion at connect@thehertribe.org. Any such feedback provided by you shall be on royalty-free basis and the Company shall be free to share such feedback with its potential investors, shareholders and services providers (including potential service providers) as well as include share such feedback in its promotional and marketing materials, and implement or improve its services with reliance on such feedback without compensation or any payment to you.

14.8. Concerns and Queries: Please contact us at connect@thehertribe.org to report any violations of these Terms or to pose any questions regarding these Terms or the Services.

Masterclass(es) and Live Course(s) Terms of Service
1. General Terms 1.1. Through the Platform, you may register for workshops (each a “Masterclass”) or short term live courses (each a “Live Course”) with various celebrities, experts and/or influencers (each an “Organiser”). The following terms and conditions in addition to the Terms of Use and Privacy Policy, shall govern your use and participation in the Masterclass(es) and Live Course(s).

1.2. You may register for the Organiser conducted Masterclass(es) and/or Live Course(s) of your choice, on the Platform by paying the applicable charge (“Registration Fee”).

1.3. Each Masterclass shall consist of an audio-video recording by an Organiser which shall range from ninety (90) minutes to one hundred and eighty (180) minutes. Each Live Course shall consist of multiple thirty (30) to forty (40) minute sessions. The Registration Fee shall be payable for the entire Live Course and the User shall not be able to purchase each session of the Live Course separately.

1.4. You will be granted access to the registered Masterclass(es) and/or Live Course(s) for a specific period via your registered user account, upon the successful verification of the payment of the Registration Fee by the Company.

1.5. The Masterclass(es), Live Course(s) and the Content thereof shall remain the sole and exclusive property of the Company, and you shall not have any claim or title in relation thereto. The use of the Masterclass(es), Live Course(s) and all Content shall be subject to the Terms and any additional rules of engagement that may be applicable to such Masterclass(es)/ Live Course(s) as specified on the Platform, which are deemed to be incorporated herein by reference.

2. User’s Responsibility and Conduct

2.1. You are advised to check the description and duration of the Masterclass(es) or Live Course(s), as applicable, before making a booking. You shall be bound by all the conditions as mentioned in the booking confirmation. These conditions are also to be read in consonance with the Terms.

2.2. If you intend to make a booking on behalf of another person, it shall be your responsibility to inform such person about these Terms, including all rules and restrictions applicable thereto. You will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the Masterclass(es) and Live Course(s).

2.3. You hereby warrant to comply with all applicable laws and regulations of the concerned jurisdiction and policies of the Company regarding the Masterclass(es) and Live Course(s).

2.4. You shall authorize the Company’s representative to contact you over phone, message and email using the contact details provided with your account. This consent shall supersede any preferences set by you through national customer preference register (NCPR) or any other similar preferences.

2.5. The Masterclass(es) and Live Course(s) are meant solely for your personal and non-commercial use. As soon as your payment for the Masterclass(es) or Live Course(s) is received, you will be granted a limited, non-exclusive, non-transferable, license to access the Masterclass(es) or Live Course(s)’ content and view your Masterclass(es) or Live Course(s) content through the Platform on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Masterclass(es) or Live Course(s) for public performances. You agree not to and shall ensure no third party shall take screenshots or screen recordings or make recordings of the Masterclass(es) or Live Course(s) with other recording devices.

2.6. Upon verification of payment of the Registration Fee for the Masterclass, the User shall have lifetime access to the video recording of such Masterclass on the Platform and can view it any time. A Masterclass may include a User assignment requiring the User to record themselves in a video and submitting it to the Platform for being uploaded. Such User Content in the form of the video shall be subject to the Company’s approval and shall be displayed on the Platform solely in the Company’s discretion. The User may submit additional videos after his/her previous submission has been approved and uploaded by the Company. The User shall also have the ability to share the uploaded video in the form of a URL with third parties.

2.7. The User shall have access to the sessions in the Live Course(s) solely at the scheduled time for each session as specified on the Platform and will be able to join and attend a Live Course session any time after the commencement of the session for the session’s scheduled duration. No video recording of the Live Course sessions shall be made available to the User upon the completion of the Live Course session.

2.8. Each User may voluntarily switch on their video during the Live Course making themselves visible to the other Users attending the Live Course.

3. Fees and Payment

3.1. The Registration Fee for each Masterclass or Live Course with an Organiser is specified on the Platform and may vary for each Masterclass or Live Course. You agree to pay all amounts due in accordance with the payment terms in effect when you register for Masterclass(es) or Live Course(s). All transactions are in Indian Rupees unless otherwise specified. The Company reserves the right to charge certain fees in the nature of convenience fees or service fees.

3.2. The Company reserves the right to alter any and all Registration Fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed before confirming the registration or collecting the payment from you.

4. Right to Refuse Bookings

4.1. Each Live Course shall have a limited number of slots for registration available and the Company reserves the right to not accept any registration in the event that all the slots are filled or without assigning any reason thereof, at its sole discretion.

4.2. The Company shall not provide any service or share confirmed Masterclass or Live Course registration details till such time the complete Registration Fee is received from you.

5. Cancellation by Company

5.1. You hereby undertake to provide the Company with correct and valid information while using the Platform, and not to make any misrepresentation of facts. Any default on your part will disentitle you from availing the Workshop(s), Masterclass(es) or Live Course(s).

5.2. In the event that the Company has reasons to believe at any time during or after registration for the Masterclass(es) or Live Course(s) by you that the registration is either unauthorized or the information provided by you is incorrect or that any fact has been misrepresented by you, or in the event that you breach any of the Terms specified herein or the rules of engagement for the Workshop, Masterclass(es) or Live Course(s) including during a Live Course, the Company shall be entitled to appropriate legal remedies against you, including removing you from a Live Course and/or cancellation of registration, without any prior intimation. In such an event, the Company shall not be responsible or liable for any loss or damage that may be caused to you or any other person, as a consequence of such cancellation of registration for the Masterclass(es) or Live Course(s) and you shall not be entitled to a refund of the Registration Fee.

5.3. In the event that any judicial, quasi-judicial, investigation agency, government authority approaches the Company to cancel any Masterclass or Live Course, the Company shall cancel the same without approaching you.

5.4. You shall not hold the Company responsible for any loss or damage arising out of measures taken by the Company for safeguarding its own interest and that of its users. This shall also include the Company denying or cancelling any registrations on account of suspected fraud transactions.

6. Cancellation by User

6.1. Once registration is complete, you may not cancel or swap a Workshop, Masterclass or Live Course and unless otherwise specified no refunds will be issued to you for any reason whatsoever.

6.2. Refunds, if any, on cancelled bookings shall always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that Masterclass or Live Course. Any applicable refunds will be processed as per the defined policies of the service provider and the Company as the case may be.

7. Disclaimer

7.1. The Company reserves the right to change or modify the Workshop, Masterclass(es), Live Course(s) and the contents thereof, at any time without any prior intimation to you. All modifications will be posted on the Platform and will come into effect immediately.

7.2. While the Company and the Organiser endeavour to design the Workshop, Masterclass(es) and Live Course(s) in accordance with the highest standards of skill and care, the Masterclass(es) and Live Course(s) are made available to you strictly on an “as is” and “as available” basis without any representation or warranties, express or implied. The Company makes no warranties about the accuracy, reliability or completeness of the information contained in the Workshop, Masterclass(es) or Live Course(s).

7.3. You will be responsible for ensuring that you have a high-speed working internet connection to access the Workshop(s), Masterclass(es) or Live Course(s). You will not be eligible for any refunds if you are unable to view the Masterclass(es) or any Live Course(s) sessions or the entire Live Course(s) due to poor internet connectivity issues or technical errors at your end. The Company makes no guarantee as to the resolution or quality of the Workshop(s), Masterclass(es) or Live Course(s) you will receive when streaming.

7.4. It is hereby clarified that the Company merely provides a technology platform for booking of Workshop(s), Masterclass(es) and Live Course(s) and the ultimate responsibility of conducting the Masterclass(es) and Live Course(s) rests on the respective Organiser and not the Company. The Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Organiser.

7.5. The Company’s liability is limited to providing you with a confirmed booking for the Workshop(s), Masterclass(es) or Live Course(s) as selected by you. The entire liability of the Company for any claims directly arising out of a Masterclass or Live Course shall be limited to the total Registration Fee paid by you for such Masterclass or Live Course.

7.6. The Company specifically disclaims and assumes no liability or responsibility for:

1. the standard of the Workshop(s), Masterclass(es) or Live Course(s) as provided by the respective Organiser;
2. the quality, fitness-for-purpose, reliability, or fitness of the Organiser as represented; and
3. the non-availability of any slots for the Workshop(s), Masterclass(es) or Live Course(s) as listed by an Organiser.
4. Communications from Company

8.1. The Company will send registration confirmation, cancellation, payment confirmation, refund status or any such other information relevant for the Masterclass(es) or Live Course(s) or registration made by you, via the Platform, e-mail or any other alternate communication detail provided by you at the time of registration.

8.2. The Company may contact you through the mode mentioned above for any pending or failed bookings, to be aware of your preference for concluding the booking and also to help you with the same.

8.3. You hereby unconditionally consent that such communications via SMS, internet-based messaging applications like WhatsApp voice call, email or any other mode by the Company are:

1. upon your request and authorization;
2. ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and
3. in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

8.4. You shall indemnify the Company against all types of losses and damages incurred by the Company due to any action taken by TRAI, Access Providers (as defined under the TRAI regulations) or any other applicable authority due to any erroneous complaint raised by you on the Company with respect to the communications mentioned above or due to an incorrect number or email id being provided by you for any reason whatsoever.

9. Promotion and Discounts The Company may, from time to time, launch some promotions and discount offers on the Workshop(s), Masterclass(es) or Live Course(s). In case of publication of any scheme offering any discount or benefit by the Company, the Company shall have the sole right to withdraw such a scheme or discount at any time. No person shall be entitled to claim any promotion or discount offers after completing their registration for a Masterclass or Live Course, and no person shall claim or demand any refund of Registration Fees in case the Company offers a promotion or discount after such person’s registration.
10. Force Majeure Event

10.1. Company may be unable to honor any confirmed Masterclass or Live Course bookings in certain exceptional circumstances, acts of god such as fires, floods, earthquakes or other natural disasters, explosions, insolvency, business exigencies, labour unrest, general strikes, riots, war or terrorist activity, sickness, infirmity or other unavailability of the Organiser, government decisions, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of the Company. If the Company has advance knowledge of any such situations where there may be a possibility of any Masterclass(es) or Live Course(s) being dishonoured, it will make its best efforts to provide you with similar alternative or refund the Registration Fee after deducting applicable service charges.

10.2. You agree that in the event of non-confirmation of a Masterclass or Live Course registration due to any technical reasons (such as network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, the Company’s obligation shall be limited to refunding the Registration Fee, if any, received from you after deducting applicable service charges. Such refund shall completely discharge the Company from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by you. Notwithstanding the foregoing, it is clarified that an operational or technical issue at your end will not qualify as a force majeure event for the purposes of this clause.