We, MediaQart Technologies Pvt. Ltd., a company registered under the Companies Act, 2013 having its office at 600, Sangita ellipse, Tejpal Scheme, Sahakar Road, Plot No. 32, Vile Parle (East), Mumbai - 400057, (“Company”, “MediaQart”, “we”, “our”, “us”), offer the Services (“Services”) to our Registered Users.
3. GOVERNING STATUE
4. PERSONAL INFORMATION WHICH IS COLLECTED
We collect personal information of Registered Users and Sub-users such as names, contact details, e-mail IDs (“Personal Information”). Registered Users and Sub-users may have to provide additional information as may be necessary from time to time for enabling the Company to provide Services.
Registered Users shall collect and provide to us certain Personal Information of Sub-users such as their name, contact details, e-mail ID while giving them access to Application for using Services. We shall not verify or authenticate such Personal Information of Sub-users as provided by Registered Users to us. We shall not be held responsible for getting an access to Personal Information of Sub-users as a part of providing Services. Registered Users shall also provide Personal Information relating to advertisement, design, artwork, product information, business objectives and details, details of prospective or target customers, their social media property, campaign objective, their fee budget and content which shall be shared with the Company, on the Application. The Company will not be responsible for truthfulness or validity of the information provided by the Registered Users.
You understand and acknowledge that in order to provide better Services, we may either directly or through a trusted third party service providers identify the patterns of usage of the Application and/or the Services by Registered Users and Sub-users, with the help of analytical tools developed either by us or by any such third-party service providers.
5. HOW WE USE YOUR PERSONAL INFORMATION
Company provides certain support services during the normal working hours of the Company. Agree and understand that, while providing these support services, the conversation during these calls shall be recorded for internal training purposes.
You understand and agree that for the purposes of certain campaigns or advertisements on social media platform, you would be required to grant the Company or its representatives access to your fan page or profiles of the respective social media platform. You confirm that the Company shall not be under an obligation to verify your authority for granting the access required by the Company or its representative. You shall not raise any claim against the Company or its representative for the grant for such access and use of your fan page or profile on the respective social media platform.
You understand and acknowledge that by granting this right to use and access your social media properties, the Company or its representatives shall have the right to make any changes to your social media pages for running the campaigns and advertisements.
The access granted herein shall also be used to administer, monitor and optimise the campaigns. As part of the Campaign, we may comment on the advertisement inserts or share the same to increase its reach. Other than as provided herein, we shall not create new messages or posts, or respond to any other messages or interactions available on your social media pages.
We shall not, at any point of time, be responsible for maintaining your social media account or your social media pages. You shall be solely responsible for all the contents posted or available on your social media account or social media pages.
Please note that If any suspicious activity is noticed on the social media pages, then the Company should be notified of the same immediately, so that the Company could undertake appropriate actions against such suspicious activity. You understand and agree that at no point shall be Company be liable to refund the advertising campaign cost for any claims arising out for these campaigns on social media platforms.
6. INTERACTION BETWEEN YOU AND THE COMPANY:
We are interested in your views, and we value the Feedback (defined below) we receive from you. You therefore may receive calls, messages or emails, to know your feedback for the Services provided by the Company.
Subject to any applicable law, any communication sent by you via the calls, messages or emails or us (including without limitation contents, images, audio, feedback etc. collectively "Feedback") is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. We can use the Feedback, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, or marketing Services. You agree you will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights, or implied contract) and you hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of you as the source of the Feedback. Your submission of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, we ask that you do not send us any Feedback that you do not wish to assign to us, including any confidential information, Personal Information or any original creative materials. You shall be responsible for the content and information contained in any Feedback shared by you, including without limitation for its truthfulness and accuracy. The Feedback to be given is not compulsory and you may opt not to give your Feedback.
7. ACCESSING AND MODIFYING PERSONAL INFORMATION
Registered Users may make necessary changes to their Personal Information. Sub-users can make necessary changes to their Personal Information by intimating the same to the Registered Users.
You shall keep Personal Information updated to help us better serve You better. We shall not be responsible for Your modifications to any Personal Information.
We may send You certain notifications, including but not limited to, Service related notices or notices regarding a change to any of our policies. For example, we may send You a notice regarding server problems, scheduled maintenance to the Application, newsletters, promotions, marketing and offers if any, advice on networking on the Application. These notices may be sent through an email or an SMS. You may opt out of these communications, by unsubscribing through the Application.
8. DATA RETENTION
We will retain Registered User’s and Sub-user’s Personal Information for as long as Registered Users are using the Services offered by Application. We may also retain and use Your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Subject to this section, we will try to delete Your Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting Personal Information from our servers.
We value Your Personal Information, hence we shall make commercially reasonable efforts to ensure an adequate level of protection. We have therefore implemented technology and policies with the objective of protecting Your Personal Information from unauthorised access and improper use. As a matter of security we take back-up of systems periodically. Although we provide appropriate firewalls and protections, our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible and we take no liabilities or responsibilities for it.
The Sub-users are responsible for all actions of their user account and password. Therefore, we do not recommend the Sub-users to disclose their password to any third party. If the Sub-users choose to share their account and password or any Personal Information with third parties, they shall be solely responsible for the same. If the Sub-users lose control of their password, they may lose substantial control over their Personal Information and may be subject to legally binding actions.
10. ANONYMIZED DATA
We may also use Your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to You or to the Personal Information shared with us. We may use this anonymized data for any purpose including but not limited to research, analytics, and to improve our Services. By using this Application, You provide us the right to use Your Personal Information to create anonymized data and use it for our business purposes.
We may set “cookies” on the use of the Application by You. Cookies are small encrypted files, that the Application transfers to Your computer’s hard drive or on Your mobile / tablet device or through any such device through which You may access the web through Your web browser that enables the Application to recognize Your browser and capture and remember certain information.
12. OTHER MONITORING PROGRAMS
For security purposes and to ensure the availability of the Application, we may also use software programs and tools to monitor network traffic, to identify unauthorized attempts to upload or change information, or otherwise cause damage to the Application.
We may provide Personal Information that we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to Your requests for information or Services.
Persons Who Acquire Our Assets or Business: If we sell or transfer any of our business or assets either partly or fully, certain Personal Information may become part of that sale or transfer. In the event of such a sale or transfer, we may notify You of such sale or transfer.
Legal and Regulatory Authorities:
14. ACCESS TO THE APPLICATION
Registered Users shall ensure that they have requisite authority to share Personal Information with us. In the event Registered Users are acting on behalf of a Company, partnership or an organization or any other similar entity, we would assume that Registered Users have the necessary authority to act on behalf of such entity.
15. DATA UPLOADED BY YOU
You acknowledge that You shall be responsible for data uploaded by You on the Application and we do not have any control over the such data. You understand that the data analysed by us is dependent on content, artwork and design provided by You.
Registered Users acknowledge that the Company shall not be responsible for data uploaded by Sub-users and shall not entertain any claims related to the same from any third party.
We assume and you confirm that you have the necessary rights and permissions to upload and share the logos, photos, videos etc. to be provided herein. Any claims, losses, damages arising out of or in relation to the such logos, photos, videos etc. shall be solely borne by you and you shall indemnify the Company for any damages or losses incurred by the Company, in this regard.
16. DATA CREATED AND OWNERSHIP
We understand and acknowledge that the ownership or the intellectual property rights (IPR) in and to all artwork or creatives developed for Registered Users on the basis of the information provided by them, by the Company, either through the online tool of the Company or by the personal customisation, shall remain with the Company. Therefore, these artwork or creatives shall always be licensed to the Registered Users for the digital advertising done through the Platform. Any re-use of the said artwork or creatives, by downloading the same, shall be subject to additional charges to be paid to the Company. We confirm that the artwork or the creatives made using the Registered User's company logo and information will not be used for any other Registered User or any other purpose.
Further, it is clarified that, the information provided by the Registered Users for the said artwork or the creatives, whether in form of an image, text, video or audio, shall be owned by the respective Registered User and such Registered User shall be solely liable for such information and shall comply with all the legal obligations or issues regarding such information.
Further, the Registered User understands and acknowledges that the that there would be various templates or architectures, which would be available with them to create their advertisements, these template designs and architectures shall always remain the property of the Company and the Registered Users shall not claim or assume any ownership on these templates or architectures.
17. NEWSLETTERS AND UPDATES FROM THE COMPANY:
As part of our Service, we may send you regular newsletters, and various updates released by us, from time to time. If you wish to opt out from these newsletters and updates, you may do so by notifying us through an email.
18. SOCIAL MEDIA
Your Campaign shall uploaded on social media platforms as opted by you. You may wish to participate in social media events or arrangements hosted by Company on certain social media platform. The main aim of the social media events is to facilitate and allow You to avail the Services. However, we cannot be held responsible if You share Personal Information on social media platforms that is subsequently used, misused or otherwise appropriated by another User or any third party. 1
19. RESERVATION OF RIGHTS
You shall indemnify and hold us harmless from and against any claims arising out of or relating to: (i) Personal Information and data You upload for the Services or on the Application (ii) Your violation of any rights of any other person in connection with the Application (iii) Your use of the Application or its features.
21. LIMITATION OF LIABILITY
Company shall not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities (including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data) and for use of or inability to use products or services of any kind that is offered or to provide indemnity or any other remedy to You or any third party. It is Your responsibility to ensure that You use the correct devices for accessing and using the Application and to protect from anything that may damage it.
Any dispute arising, between You and Company shall be governed under the laws of India and courts of law at Mumbai shall have exclusive jurisdiction over such disputes.
23. CHANGES TO THESE POLICY
24. CONTACT US
In case of any Service deficiency of Application, You can write to us on