LAST UPDATED ON: [1-Aug-2022]
Capitalized terms as used in this Agreement shall have the meanings (a) as indicated in this clause below; (b) if not defined in this clause below, as assigned to such terms in the other parts of this Agreement where indicated. Any term not defined in this Agreement shall have the meaning as is commonly understood under applicable law and within the spirit of this Agreement.
"Creator" or "Us" is engaged in the business of internet based services and is desirous of offering its services through the Creator Webpage in accordance with terms as agreed under the Creator Terms of Service.
"Creator Webpage" or the "Webpage" shall mean the webpage created by the Creator where the services/ offerings of the Creator are curated and made available to the Members by the Creator, which may or may not be enabled by any third party service provider.
"Creator Service" or the "Service" shall mean the services or products offered on the Creator Webpage by the Creator (s) to the Members.
"You", "Your" "User(s)" or "Members" refers to any person who visits or avails the Creator Services on the Webpage.
“Exly” refer to SAAS platform service provider helping Creator to provide services/offerings to Members through its creator customized SAAS Tool
User(s) represent and warrant that they have the right to access or use the Webpage.
The Webpage & Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the
meaning of the Indian Contract Act, 1872 including minors, un- discharged insolvents etc. are not eligible to use the Webpage. By availing the services of SAAS Platform you declare your self as a person competent to contract and accordingly all the related conditions will apply.
conditions will take precedence with respect to Your access to or use of that area or feature, unless specified otherwise.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the Creator Webpage. Users shall not host, display, upload, modify, publish, transmit, update, store or share any information that:
relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
that Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to You;
The Creator Webpage may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Creator is not responsible or liable for the availability or accuracy of such Third- Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Creator of such Third-Party Services.
The Creator reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Creator's Webpage and You can determine when these Terms were last revised by referring to the 'LAST UPDATED' at the top of these Terms.
If You do not agree to such provisions. You must stop accessing the Creator Webpage with immediate effect. Your continued use of the
Platform will be deemed to signify Your acceptance of the amended provisions of these Terms and/ or the Agreement.
If Creator through the nominated payment gateway is unable to collect any amounts You owe for a confirmed booking on the Creator Webpage, Creator may engage in collection efforts to recover such amounts from You. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Creator by You. Such communication may be made by Creator or by anyone on their behalf, including but not limited to a third party collection agent.
We encourage You to provide feedback, comments and suggestions for improvements to the Creator (s) Webpage ("Feedback"). You may submit Feedback by emailing Us, through the 'Contact' detail provided on the Webpage, or by other means of communication. Any Feedback you submit to Us will be considered non-confidential and non- proprietary to You. By submitting Feedback to Us, You grant us a non- exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.
Creator's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be
without prejudice to its other remedies under these Terms or otherwise permitted under law.
If You choose to use the Creator Webpage and/or associated services by Creator you do so voluntarily and at your sole risk. The Creator Webpage and/or associated services provided by the Creator is provided "as is", without warranty of any kind, either express or implied. You agree that You have had whatever opportunity you deem necessary to investigate the services offered by Us, laws, rules, or regulations that may be applicable to Us. Services You are receiving and that You are not relying upon any statement of law or fact made by Us relating to the Creator Service/Creator Webpage. You agree that some Creator Services may carry inherent risk, and by participating in those Creator Services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Creator Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Creator Webpage, your booking of any Creator Services via the Creator Webpage remains with You. Neither Creator nor any other party involved in creating, producing, or delivering the Creator Webpage will be liable for any incidental, special, exemplary or consequential
damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
(i) these Terms, (ii) from the use of or inability to use the Creator Webpage, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Creator Webpage, or (iv) from your booking of Creator Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory,In no event will Creator's aggregate liability arising out of or in connection with these Terms and your use of the Creator Webpage including, but not limited to, from your booking of any Creator Service via the Creator Webpage, or interactions with any other Members or Creators, exceed the amounts you have paid or owe for bookings via the Creator Webpage as a Member in the twelve (12) month period prior to the event giving rise to the liability, , or ten U.S. dollars (US$10), if no such payments have been made, as applicable.
Due to the nature of the Internet, Creator cannot guarantee the continuous and uninterrupted availability and accessibility of the Creator Webpage. The availability of the Creator Webpage or certain areas or features thereof may be restricted, if this is necessary in view of capacity limits, the security or integrity of Creator's servers, or to carry out maintenance measures by Creator that ensure the proper or improved functioning of the Creator Webpage. There may be improvements, enhancements and modification of the Creator Webpage and introduction of new Services from time to time.
You agree to release, defend (at Creator's option), indemnify, and hold Creator, its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Creator Webpage, (iii) your interaction with any Member, participation in an Creator Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise)
of any kind arising in connection with or as a result of such interaction, participation or use, or (v) your breach of any laws, regulations or third party rights.
These Terms shall be governed by the laws of India. You agree that Creator are based in India, and nothing shall give rise to personal jurisdiction over Creator in jurisdictions other than in the state in India in which the Creator is registered or Domiciled and You shall not raise any claims against Creator in any court or forum in any jurisdiction other than where the Creator is registered or Domicilled . Any claim or dispute between the User and Creator will be entertained and tried solely and exclusively by a court of competent jurisdiction located in New Delhi, India and no other place whatsoever.
All notices or demands to or upon Creator shall be effective if in writing and shall be deemed to be duly made when sent to the Creator Communication email-id.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Creator Webpage, or by posting such notice or demand on an area of the Creator Webpage that is publicly accessible.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the Creator Webpage is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Creator Webpage's posting such notice on an area of the Creator Webpage that is publicly accessible.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to
the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.