Customer Terms of Service

This is an Agreement between you and HOUSE OF CREATORS™, an Indian Company with registered office at 3rd Floor, Property No – 123, Khasra No – 316, Neb Sarai, New Delhi 110068 IN (hereinafter – “HOUSE OF CREATORS™”) that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and services (referred to collectively as the “Services”) we make available through https://www.houseofcreators.io (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.

Here at HOUSE OF CREATORS™ we believe that all influencer posts should be transparent and put consumers first. Therefore, both Influencers and Brands need to ensure that no campaign or post is false or misleading and must disclose the fact that the Influencer is being paid by the Brand. HOUSE OF CREATORS™ expects that all users comply with all applicable Laws and industry self-regulation relating to influencer marketing, including the Advertising Standard Council of India (ASCI), AANA Guidelines (AU), CAP Code (UK), and Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (USA) as applicable to each Brand. This means that all influencer marketing posts which are being facilitated through HOUSE OF CREATORS™ should be transparent and labelled with appropriate disclosures, such as #ad. We expect Influencers and Brands to keep themselves up to date with the latest best practice on how to label influencer marketing posts in a transparent way in order to make sure that consumers are clear about the commercial nature of the sponsored posts.

These Customer Terms of Service (the “Agreement”) shall outline the mutual understanding between the Parties. The Parties hereto agree as follows:

#Introduction

These terms and conditions govern your use of the website https://www.houseofcreators.io (hereinafter referred as ‘website’). HOUSE OF CREATORS™ (hereinafter referred to as ‘company’) is the sole and exclusive owner of the HOUSE OF CREATORS™, owned and registered solely and exclusively in its name. By using HOUSE OF CREATORS™ in any manner whatsoever and in any capacity whatsoever, you accept these terms and conditions in full.

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of applicable laws, including the Consumer Protection (E-Commerce) Rules 2020, that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Platform. Further, platform for the purposes of this documents means the HOUSE OF CREATORS™. This electronic record is generated by a computer system and does not require any physical or digital signatures.

#User Account

You will be required to successfully sign up for an account (the “User Account”) and be issued with a username and password login (“User ID”) in order to use the Services. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of HOUSE OF CREATORS™, including account names. HOUSE OF CREATORS™ reserves the right to disable any Personal Account issued to you at any time at HOUSE OF CREATORS™’s sole discretion. If HOUSE OF CREATORS™ disables access to a Personal Account issued to you, you may be prevented from accessing HOUSE OF CREATORS™, your account details or any Campaigns that are associated with your account.

By registering with HOUSE OF CREATORS™ you agree to receive emails, including but not limited to: newsletters, product updates, opportunities. You will be able to unsubscribe from each group. By accessing or using the Website, You represent and warrant that You will be legally binding contracts with Us.

If You act on behalf of a business entity in accepting these Terms of Service, You warrant and undertake that You have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms of Service. By registering the User Account, You agree to: (i) provide and keep current, accurate and complete information about Yourself and Your company (“Information”); (ii) You agree to accept responsibility for all activities that occur under the User Account. If We have reasonable grounds to suspect that the Information You provide is inaccurate, incomplete or impersonates another person, We reserve the right to suspend or terminate your User Account. All Information will be stored and used in accordance with our Privacy Policy.

In order to register the User Account, you will be asked to choose a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating Your Account, You must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one User, and sharing your access credentials with others (especially if they are using Your credentials to access Our Content (as defined below) is a material breach of these Terms of Service. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform Us of any need to deactivate a Password or Sign-In Name. HOUSE OF CREATORS™ will not be liable for any loss or damage caused by any unauthorised use of Your Account. By creating the User Account and providing details of a business entity, You confirm that You are an authorised employee, contractor, or representative of the business entity. HOUSE OF CREATORS™ shall not be responsible in any manner and bear no liability for Your activities carried out without such authorisation.

#Use of the Website

By accessing and using the Website, You acknowledge that You are responsible for your actions. You represent and warrant, to the best of your knowledge that:

You have all the necessary rights, power and authority to enter into these Terms of Service and to fulfil your contractual obligations hereunder;

Any and all information You post or provide is true, accurate and not misleading and that You will not allow any other person or entity to use your User Account;

The information and User Content You provide, upload, post, e-mail, transmit, or otherwise make available to Us, or on the Website, including without limitation reviews, trademarks, logos, screenshots and videos is accurate and free of third-party encumbrances;

You will, when approving or providing User Content on the Website, adhere to all the applicable guidelines and bear all liability related to your submission of such Content;

You will not post or otherwise provide User Content that is unlawful, defamatory, infringing, libelous, abusive, disparaging, pornographic, invasive of another’s privacy, promotes illegal activities/conduct or violates applicable laws or regulations;

You will not post or otherwise provide User Content that You do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information, learned or disclosed as part of employment relationships, or information protected under nondisclosure agreements);

You will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;

At Our discretion, We may, but are not obligated to, monitor and terminate User activity on the Website, and/or edit or remove User Content, which violates or otherwise fails to comply with these Terms of Service.

#Fees

You shall pay HOUSE OF CREATORS™ all applicable fees and taxes (collectively, the “Fees”) for the Service rendered by HOUSE OF CREATORS™. We (or our third-party payment processor) shall authorise your credit card, bank account, or other approved payment facility that You provided during the registration process for the full payment of the Fees, and you hereby consent to the same. All Fees will be charged and made in Indian Rupee.

You are responsible for ensuring that all payment information is correct and the funds necessary for payment are available. You agree not to hold Us liable for payments that do not reach Us because You have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.

#Confidentiality

“Confidential Information” means all non-public information, in any form and on any medium, whether or not designated by a party (the “Disclosing Party”) as confidential and disclosed by such party to the other party (the “Receiving Party”) under this Contract, regardless of the form of disclosure, and includes without limitation and without the need to designate as confidential and related documents and information; BUT DOES NOT INCLUDE any information to the extent, but only to the extent, that such information becomes or is: (a) already known to or in the possession of the Receiving Party free of any restriction at the time it is obtained from the Disclosing Party; (b) subsequently learned by the Receiving Party from an independent third party free of any restriction and without breach of this Contract or any Contract with such third party; (c) publicly available through no wrongful act of the Receiving Party; or (d) independently developed by the Receiving Party without reference to any Confidential Information, as evidenced by the ordinary business records of the Receiving Party.

#Intellectual Property Rights

Other than content You own, which You may have opted to include on this Website, under these Terms of Service, HOUSE OF CREATORS™ owns all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

#Your Content

By submitting Your Content, You guarantee that you have the legitimate rights to use the Content you have provided. You must not infringe any intellectual property rights of others through your Content. You grant HOUSE OF CREATORS™ unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, reproduce, and sell Your Content for the purposes of providing You with the requested services and carrying out HOUSE OF CREATORS™’s legitimate business interests. You understand and agree that HOUSE OF CREATORS™ has no obligation to monitor or review Your Content. HOUSE OF CREATORS™ reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms of Service or may harm the reputation of HOUSE OF CREATORS™.

#DISCLAIMER

EXCEPT AS SPECIFICALLY SET FORTH HEREIN (I) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WHILE THE WEBSITE MAY SERVE AS A PLATFORM TO HOST; INCLUDING BUT NOT LIMITED TO; SOFTWARE/PLATFORMS/AGENCIES/TOOLS AND SERVICE AND PRODUCT LISTINGS, WE ARE NOT RESPONSIBLE FOR ENSURING THE LEGAL AND/OR REGULATORY COMPLIANCE OF ANY SERVICE MADE AVAILABLE ON THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.

#Indemnification

The User (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless HOUSE OF CREATORS™, its agents, affiliates and employees (in its capacity as “Indemnitee”) from and against any and all third-party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to User’s respective violation of these Terms of Service, except to the extent such losses and expenses arise from the negligence or wilful misconduct of Indemnitee.

#Limitation of Liability

We will not be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to use of service, Users’ use of the Website, including without limitation, loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of such damages.

#Termination

We reserve the right, in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) the service, or any part thereof if we believe that User is violating these Terms of Service. If the User uses or attempts to use the Website for any purpose that contravenes these Term of Service (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of the Website), the User may also be subject to civil and criminal liability.

#Severability

If any provision of these Term of Service is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Term of Service unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

#Assignment

HOUSE OF CREATORS™ shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Service without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Service.

#Force Majeure

HOUSE OF CREATORS™ will not be liable for any failure or delay of performance under these Terms of Service resulting from a force majeure event beyond its reasonable control, including, without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes, power failures, epidemic and pandemic.

#Governing Law

These Terms of Service, including non-contractual rights and obligations arising out of or in connection with these Terms of Service, shall be governed by the laws of India. Any legal proceedings arising out of these Terms of Service or relating thereto, shall be instituted in Courts of Delhi, India only.

#Waiver & Severability

Our failure to act with respect to a breach of these Terms of Service will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms of Service.

#Entire Agreement

These Terms of Service along with the documents referred to herein, constitute the entire and exclusive agreement between HOUSE OF CREATORS™ and the User with regard to User’s use of the service through this Website.

#International Users

If you access the Site from a location outside India, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.

#Entire Contract

These Terms of Service constitute the entire and exclusive understanding and agreement between HOUSE OF CREATORS™ and you regarding the Service and supersede and replace any and all prior oral or written understandings or agreements between HOUSE OF CREATORS™ and you regarding the same.

#Contact

You may contact HOUSE OF CREATORS™ via:

E-mail : support@houseofcreators.io

Web : https://www.houseofcreators.io

#Revision

We often update the Website and Services offered on this Platform. As a result, we may change/modify/ alter/ update/ add or discontinue any terms and conditions laid down herein. You can determine the applicable terms by referring to the “LAST UPDATED” legend below. It shall be your responsibility to check terms periodically for changes. Please check this page regularly to ensure you are familiar with the updated Terms & Conditions. By using HOUSE OF CREATORS™ in any manner whatsoever and in any capacity whatsoever, it shall be deemed that you have seen the updated terms and conditions and consented thereto.