Refund Eligibility Categories in TagMango

Privacy

We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. Our Privacy Policy governs our collection, use and disclosure of your personal information and is incorporated into and forms an integral part of these Terms. Please read it carefully. It describes what information we collect from you and when, how, and why we collect information from you, whom we share your information with and when and how you can opt-out. This is important information. By accessing the Platform or using our Services, you specifically consent to our Privacy Policy.

Each Subscriber hereby specifically hereby authorizes the Company to share their personal and sensitive information, including name, address, contact number and email with the Creators for the purposes of enabling the Creator’s to provide their services.

As the access to the Platform and the Services are extended to the Subscribers and Creators solely to connect with each other, the Subscriber and the Creators will, in their discretion, determine the kind, and the way in which they will disclose their information with each other.

The Company does not determine what personal information that the Subscriber may choose to provide the Creator and vice versa.

User specifically consents to and authorizes: (i) the Creator to collect, store, use and process the personal and sensitive information provided by such User for the purposes set out herein; and (ii) the Company to collect, store, use and process the personal and sensitive information provided by such User for the purposes set out herein.

Confidentiality

Each User shall use commercially reasonable efforts to keep confidential, any and all data and information about the Company (“Confidential Information”), whether written, oral or visual, disclosed to it by the Company or which comes into its possession or knowledge, from time to time. You shall not disclose the Confidential Information to any others, except as may be required by law or as may be required to be disclosed on a strictly "need-to-know" basis for implementing the terms hereof.

Disclaimer

You acknowledge that we have no duty to take any action regarding: (i) which Users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.

The Platform, the Services, the Content, including without limitation, any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, whether by statute, common law, custom, usage or otherwise, including, but not limited to performance, security, integration, quiet enjoyment, satisfactory quality and implied warranties of title, non-infringement, merchantability and fitness for a particular purpose as well as all warranties arising by usage of trade, course of dealing, or course of performance. Without limiting the foregoing, the Company makes no warranty that: (i) Platform, the Services, the Content, including without limitation any materials and information delivered as part of the foregoing: (a) will meet your requirements; (b) will be accurate, uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use thereof will be effective, accurate, or reliable; (iii) the quality of the Services purchased or accessible by you will meet your expectations; (iv) any errors or defects in the foregoing will be corrected; and (v) is free of viruses or other harmful components.

The Company specifically disclaims all liability for any actions resulting from your use of any the Platform and the Services. You may use and access the Platform and the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the Platform or any Service.

The Company disclaims any and all liability with respect to any Losses, personal injury or other harm that may be caused by your reliance on any advice, suggestions, recommendations or other information provided on the Platform.

The Company does not endorse any advertiser on its Platform in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Indemnification

You shall indemnify, defend and hold harmless us, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers from all Losses brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your identity or your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources): (i) use or misuse of, or access to, the Platform, the Services, Content, or otherwise from your Creator’s Content; (ii) violation or breach of these Terms; (iii) violation or breach of any Applicable Law, whether or not referenced herein; (iv) violation of any rights of any third party; and (v) any dealings between you and any third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

The Users specifically acknowledge that the Services are provided hereunder with the expectation that the Company shall not assume any risks of the Users. Accordingly, in no event shall the Company assume any risks of the Users.

The Users further acknowledge and agree that every decision taken by them pursuant to the transactions contemplated hereunder represents an assumption of risk and that the Company does not and shall not underwrite or assume the Users risk in any manner.

The Company shall not be held liable for any liabilities suffered by the Users or any third party relating to or arising out of: (i) a failure by the Users to adhere to these Terms; (ii) negligent acts of the Users; and/or (iii) breach by the Users of any Applicable Law.

In no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services: (i) for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or (iii) for any direct damages in excess of ₹1000/- (Rupees One Thousand only) or the fees (if any) paid to us for the Services (whichever is lower), even if the Company has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the fee paid by you reflects the allocation of risk set forth in these Terms and that the Company would not enter into this agreement and Terms without these limitations. You hereby waive any and all claims against the Company arising out of your use of the Platform and the Services, or any conduct of the Company’s personnel. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.

In no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable any bodily injury, loss of life, loss of property or any other accident that arise out of or is in any way connected with any use of the Platform, the Services or the Content.

The Company shall not be liable for Losses and damages resulting from the use of (or the inability to use) electronic means of communication with the Platform, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception, or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Third Party Services

The Services may permit you to link to other websites, services or resources on the internet, and other websites, services, or resources, may contain links to the Services. The use of any website which are controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by these Terms. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, trojan horses and other items of a destructive nature. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third party links that may appear on the Platform. You hereby agree to hold the Company harmless from any liability that may result from the use of third-party links that may appear on the Platform.

Copyright Infringement Complaints

The Company respects the Intellectual Property Rights of others, and it strongly prohibits its Users from posting any Content on the Platform that violates a Person’s intellectual property rights.

You shall not use the Services in violation of any Intellectual Property Rights of any Person, nor shall you utilize the Platform and the Services to publish Content in a manner that would expose them to public view in violation of Applicable Laws. The Company will, in appropriate circumstances, terminate access to the Platform/Services of violators. If a third party believes that you have violated their Intellectual Property Rights and notifies us, we will forthwith take all necessary action, including but not limited to immediately terminating your access to the Platform/Services, in addition all other rights available to us under this Agreement, under Applicable Law and in equity.

The Indian Copyright Act, 1975 (“Copyright Act”) provides a complaint procedure for copyright owners who believe that certain Content on the Platform infringes their rights. If you believe that your work has been improperly copied and posted on the Platform, please provide us with a written complaint the following information: (i) the description of the work with adequate information to identify the work; (ii) details establishing that the complainant is the owner or exclusive licensee of copyright in the work; (iii) details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under Section 52 or any other act that is permitted by the Copyright Act; (iv) details of the location where transient or incidental storage of the work is taking place; (v) details of the person, if known, who is responsible for uploading the work infringing the copyright of the complainant; and (vi) undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of 21 (twenty-one days) from the receipt of the notice. On receipt of the written complaint, the Company, if satisfied from the details provided in the complaint that the copy of the work is an infringed copy, within the time prescribed under law, take measures to refrain from facilitating such access for a period of 21 (twenty-one) days from the date of receipt of the complaint or till it receives an order from the competent court restraining it from facilitating access whichever is earlier. The Company may restore the storage of the work in case the complainant fails to produce the orders of the competent court having jurisdiction, restraining it from facilitating access. In case the complainant fails to produce the orders of the competent court having jurisdiction within the stipulated period, the Company shall not be obliged to respond to any further notice sent by the same complainant on the same work in the same location.

You must send copyright infringement complaints to support@tagmango.com

Governing Law, Jurisdiction and Dispute Resolution

These Terms will be governed by the laws of India. Further, the courts at Howrah, Kolkata, West-Bengal, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and you agree to irrevocably submit to the exclusive jurisdiction of such courts.

The concerned parties shall amicably resolve any and all disputes arising out of or in connection with these Terms, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by the Company. Any arbitral award shall be final and binding on the parties. The seat of the arbitration shall be Howrah, Kolkata, West-Bengal, India. The language of arbitration shall be English.

Termination

You may stop using the Platform and the Services at any time.

A Subscriber’s access to the Creator’s Services will automatically terminate upon the completion or delivery of the subscribed Creator’s Services.

We may, at any time, terminate your right to access and use of the Platform and the Service(s) if:
you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);you fail to make the timely payment of fees for the Services, if any;you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services); oryou have repeatedly made complaints in bad faith or without a reasonable basis and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services).

We may, at any time, terminate your right to access and use of the Platform and the Service(s) if we are required to do so by Applicable Law.

Upon termination of your access to the Platform or Services for any reason, you shall destroy and remove from all computers, devices, equipment, and other storage media all copies of any intellectual property owned by the Company that you acquired through the Services.

Upon termination, all licenses, and any other rights and services provided by the Company to the Users shall cease immediately. Any such termination may result in the forfeiture and destruction of information associated with your Account.

Upon termination, any and all rights granted to the User will immediately be terminated, and the User shall promptly discontinue all use of the Services.

Termination of these Terms, or any license, or User's access to the Platform and the Services shall not limit the Company from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve any User of its obligation to pay all fees that have accrued or are otherwise owed by such User.

All provisions of these Terms which, by their nature should survive termination shall survive termination, including, without limitation, the provisions governing any licenses you have granted to us, ownership of intellectual property, warranty disclaimers, indemnity, and limitation of liability.

Miscellaneous Provisions

• Force Majeure: The Company shall not be liable to the Users or any other Persons or be deemed to be in breach of these Terms by reason of any delay or deficiency in performing, or any failure to perform, any of its obligations in relation to the Services or other obligations hereunder if the delay or deficiency or failure was due to Force Majeure. For the purposes of these Terms,“Force Majeure” shall mean any event beyond the reasonable control of the Company including, but not limited to any act of God, act of Governmental Authorities, legislative changes, malicious third party attacks on the Platform, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, national emergency, rainstorms, earthquake, fires, flooding, explosion or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in material or supply, destruction of service facilities, infectious diseases, epidemics, as well as travel restrictions or travel warnings due to any such events or any unforeseen change in circumstances.
• Specific Relief: You acknowledge that your unauthorised use of the Services and/or the Platform may result in irreparable damage and injury to the Company and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Services and/or the Platform.
• Waiver: Failure of the Company to require performance of any provision of these Terms shall not affect the Company's right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of the Company.
• Entire Agreement: These Terms including all related agreements and policies incorporated by reference herein, constitute the entire agreement between you and the Company related to the subject matter hereof.
• Independent Rights: Each of the rights of the Company are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non-exercise of any such rights shall not prejudice or constitute a waiver of any other right by the Company, whether under these Terms or otherwise. The rights of the Company with respect to any matter conferred under any provision of these Terms shall be in addition to any other rights conferred under any other provision of these Terms, in law or in equity.
• Severability: If any provision of these Terms is held to be illegal, invalid or unenforceable under present or future laws such provision shall be fully severable. Thereafter, these Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, we shall add as a part of these Terms, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
• Evidence: Subject to the Applicable Laws of evidence, you hereby agree not to object to admission of these Terms as evidence in legal proceedings.Proof: Any data in our systems can be used as proof for things that relates to your use of our Services and the Platform. This data can be used in legal proceedings, in the same way as any written document.
• Assignment: These Terms and agreement evidenced by it is personal to you and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any Person without your consent.
• No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
• Notices: Any notices, requests and other communications required or permitted hereunder to be provided by the User to the Company shall be in writing, in English language, and shall be given by hand against written acknowledgement or receipt, or sent by registered mail, or by facsimile followed by a confirmation letter by registered mail, or by email followed by a confirmation of receipt. All notices will be deemed to have been duly given when received by the Company. Unless otherwise specified in these Terms, electronic notices should be sent to the Company at 135 Foreshore Road, Howrah 711102, West Bengal, India. The Company will send its notices to the Users by way of an email at the email address provided by the Users.