These terms of use (the “Terms”) and the privacy policy (available at www.eloelo.in) (the “Privacy Policy”) lay out the terms and conditions and rules, as may be amended and supplemented, from time to time (together the “User Agreement”) by Greenhorn Wellness Private Limited (“Company”, “Eloelo”, “we”, “us”, “our”) and which shall be applicable to the access and use of the ‘Eloelo’ online website i.e.https://www.eloelo.in(“Website”), the ‘Eloelo’ mobile phone application (“Application”) and any other platforms provided, owned or operated by the Company from time to time (together, “Platform”) by the User of the Platform and the services, provided through the Platform (“Services”).
APPLICABILITY
These Terms apply to the ‘Users’ of the Platform, which expression means and includes:
- any supplier/ provider of goods/services (whether an individual, professional, entity, or any similar institution) on the Platform, directly or indirectly, including designated/authorized associates, employees, partners and practitioners, social media influencers (“Partners” or “You” or “Your”); or
- an individual who accesses and registers on the Platform and/or places a service request on the Platform (“You” or “Your”); or
- otherwise, a user or visitor of the Platform (“You” or “Your”). (all collectively referred to as “Users”).
- It is hereby clarified that in addition to these terms set out herein, the use of the Platform and the Services by the Partners shall, in addition to these terms contained in the User Agreement, be governed by the Partner Generated Content Guidelines (available at www.eloelo.in) containing terms and conditions solely applicable to Partners and not any other Users. Accordingly, in respect of use of the Platform and the Services by the Partners, the expression “Terms” or “User Agreement” shall be deemed to mean and include the Partner Generated Guidelines as well (available at www.eloelo.in). In the event of any inconsistency between the terms contained in the User Agreement and the Partner-Generated Content Guidelines, the terms contained in the Partner-Generated Content Guidelines shall prevail to the extent of such inconsistency.
ELIGIBILITY TO USE AND ACCOUNT GENERATION
- In order to create an account on the Platform, the User shall be required to provide certain information, including but not limited to, name and Indian mobile number. Users shall not have more than one active account on the Platform.
- Additionally, Users are prohibited from selling, trading, or otherwise transferring their respective account to another party or impersonating any other person for the purpose of creating an account with the Platform.
- The use of the Services is available only to those Users who can enter into legally binding contracts under applicable law. Additionally, Users cannot access the Platform or use the Services, if a User is barred under any applicable law or has previously been barred.
- Important note to Children under the age of 18 (eighteen) years: If a User is under the age of 18 (eighteen) years, such User may use the Platform/Services with the prior approval of a parent or a legal guardian. If a User under 18 (eighteen) years of age (a “Child User”) is using the Platform/Services without a parent or legal guardian’s consent, such Child User shall immediately stop using the Platform/Services until a parent or a legal guardian approves and consents to the usage of the Platform/Services in accordance with the User Agreement.Important note to parents and legal guardians: If you have the ability to enter into a legally binding contract and you register, approve or consent to the usage of the Platform/Services by a Child User, you represent and warrant that you are such Child User’s parent or legal guardian and you agree to be bound by these Terms on behalf of such Child User, including without limitation being liable for all use of the Platform/Services by the Child User. Further, you hereby covenant that you will cause the Child User to use the Services strictly in accordance with the User Agreement and all terms contained herein shall be enforceable against you and you shall be responsible for all losses or liabilities incurred by Eloelo due to any breach by the Child User. You hereby acknowledge that Eloelo may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Eloelo deems necessary to validate your information and status as parent or a guardian, unless required under applicable law.
- NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT THE COMPANY CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER (INCLUDING A CHILD USER) AND THE COMPANY IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT OR A LEGAL GUARDIAN, OR TO VERIFY THAT A PARENT OR THE LEGAL GUARDIAN IDENTIFIED BY A CHILD USER DURING REGISTRATION OR USAGE IS SUCH CHILD USER’S ACTUAL PARENT OR LEGAL GUARDIAN. A USER ACCOUNT, ALONG WITH ALL ASSOCIATED CHILD USER ACCOUNTS, IF ANY, MAY BE TERMINATED BY THE COMPANY AT ANY TIME AND WITHOUT WARNING FOR ANY FAILURE TO ABIDE BY THE USER AGREEMENT.
- By using the Platform/Services (or any part thereof) the User warrants and confirms that he has the legal right, authority and capacity to enter into and be bound by the User Agreement.
ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
- Access and use of the Platform and/ or the Services by the User constitutes an acknowledgement and acceptance in full of all the terms, conditions and notices as stated in the User Agreement and without any modification and/or exception by the User of the User Agreement. The User Agreement does not alter in any way the terms or conditions of any other written agreement that the User may have with Eloelo for services of any nature. By accepting these Terms, the User also accepts and agrees to be bound by the Privacy Policy, as amended from time to time.
If the User does not agree with any part of such terms, conditions and notices as stated in the User Agreement in any manner, the User may terminate their user account on the Platform and /or discontinue their access and use of the Platform.
- Eloelo reserves the right to change the terms, conditions and notices pursuant to which the Platform/ Services is accessed by the User, at its own discretion. We will provide our Users with notice of such change by way of a push notification on the Platform or any other method of communication as deemed fit. Eloelo will further keep the Users informed of the User Agreement, terms, conditions, and notices applicable to the Platform periodically, and without fail every year. The Users’ continued use of the Platform following the intimation of such changes will signify that the User consents to the changes. As long as the Users are in compliance with these Terms, Eloelo grants the User a personal, non-exclusive, non- transferable, limited privilege to enter and use the Platform.
- Users have the right to request access from Eloelo to the User Agreement and any terms, conditions, and notices on the Platform in any language listed under Schedule 8 of the Indian Constitution. For requesting access to any Platform policies in any such additional language please write to us at info@eloelo.in.
- The User agrees that given the nature of the internet, even though the Platform is targeted to Indian residents only, it may be accessed in other parts of the world. The material/information on this Platform is not intended for use by persons located in, or residents in countries that restrict the distribution of such material/information or by any person in any jurisdiction where distribution or use of such material/information or usage or access of Platform will be contrary to law or any regulation. It shall be the responsibility of every User to be aware of and fully observe the applicable laws and regulations of the jurisdiction which the User is a subject of. If the User is not an Indian resident and yet uses this Platform, he acknowledges, understands, and agrees that he is doing so on his own initiative and at his own risk and Eloelo shall not be liable for violation/breach of any of the laws applicable to usage of the Platform/Services.
USE OF SERVICE
- The User utilizes the Platform to consume content and interact with other Users. All cosmetic products, booking services, fitness services, food and health products, consultation, content shall be provided by the Partners or their associates with whom Eloelo or Partners have contractual arrangements.
- The Users acknowledge that Eloelo’s role is to merely provide the Users with a platform for communication and Eloelo does not exercise any control over content generated by the Users on the Platform and/ or by using the Services
-.Eloelo shall facilitate the provisions of the Services and independently provide diverse offerings and provide such other Services (including account creation and management, management of various products and services claimed, transaction summary generation services etc.) to the User by allowing them to register and providing access to the Platform on the terms of conditions set forth below:
- Membership on the Platform is free for all Users.
- Eloelo does not charge any fee for browsing and using the Platform.
- Eloelo reserves the right to change its fee policy from time to time.
- Eloelo at its sole discretion can introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Eloelo reserves the right to introduce fees for the new services offered or amend the fees for existing services, as the case may be.
- Eloelo is not, and cannot be a party to, or control in any manner, any transaction/ interaction between the Users of the Platform and disclaims any and all liability in this regard.
- Eloelo does not implicitly or explicitly endorse the sale or purchase of any products or services that are available on the Platform.Except as expressly indicated herein, Eloelo grants the User a non-exclusive, freely revocable, non-transferable access to view any content available on the Platform, subject to the following terms and conditions:
The User may access the content solely for personal, informational, and internal purposes, in accordance with the User Agreement;The User may not modify or alter the content available on the Platform;The User may not distribute or sell, rent, lease, license or otherwise make any content on the Platform available to others; andThe User may not remove any text, copyright or other proprietary notices contained in the content if downloaded from the Platform.The User agrees not to access or attempt to access the Platform and the materials or Services by any means other than through the interface(s) that is provided by Eloelo. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or intellectual property obtained from the Platform or Services in any manner whatsoever. Reproduction, copying of the content for commercial or non‐commercial purposes and unwarranted modification of data and information within the content of the Platform is strictly not permitted without prior written consent from Eloelo and/or third party owners. However, some of the content of our Services or other files may be made available for download from the Website which is permitted to be copied and/or used only for personal purposes of the User. The User and/or any third party is prohibited from running or displaying the Platform and /or information displayed on the Platform on any other platform, website, or mobile application, without prior written consent from Eloelo.
The Platform and the contents of the Platform should not be construed as purporting to offer or inviting to offer any information to residents of countries/ territories where Eloelo is not licensed or authorized to operate.
DISCLAIMERS
Eloelo has endeavored to ensure that all the information provided by it on this Platform is correct, but it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on this Platform and Eloelo shall not be, in any manner liable for inaccuracy/error, if any. Eloelo makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Platform, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Platform or the provision of the Services. Any reliance the User places on such information is therefore strictly at its own risk. In no event will Eloelo or its employees, affiliates or agents be liable to the User or any third party for any decision made or action taken by the User’s reliance on the contents on the Platform.
The User understands and agrees that any material and/or data downloaded or otherwise obtained from Eloelo through the Platform is done entirely at his discretion and risk, and he will be solely responsible for any damage to his computer systems or any other loss that results from such material and/or data.There may be circumstances where, due to technical or operational difficulties, a live stream may be disrupted or unavailable. Whilst every effort is made to ensure that all required systems are functioning correctly, Eloelo takes no responsibility and cannot be held liable for the non-availability of either individual live streams or the Platform/ Services at any point in time for any reason whatsoever.
Eloelo periodically conducts scheduled maintenance and upgradation exercises for the Platform and the Services which may impact the performance of the Platform and some functions and features may not be fully operational during those periods. Such maintenance and upgradation exercises will be conducted with prior notification to the Users.
Eloelo provides the Users a platform for communication. Eloelo doesn’t control what Users do or say on the Platform, and it isn’t responsible for their actions or conduct or content (including unlawful or objectionable content). Eloelo disclaims any and all liability in this regard.The User acknowledges and agrees that at no time is Eloelo making any representation or warranty regarding any goods, services, or content provided by a third party provider nor will it be liable to the User or any such third party provider for any consequences or claims arising from or in connection with the goods provided by such third party provider. The User hereby disclaims and waives any rights and claims it may have against Eloelo with respect to goods or services or content of a third party provider
.The User understands and agrees that the use of the Platform/Services requires electricity, internet connectivity and telecommunication links without which the Platform/Services will not be accessible. The User shall bear the costs incurred to access and use the Platform/Services and Eloelo shall not, under any circumstances whatsoever, be responsible or liable for such costs. Eloelo will not be liable for any issues in the Platform/ Services that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, and/or telecommunication links.
LINKS TO THIRD PARTY SITES
The Platform may contain links to other websites or may contain features of any nature of other websites on the Platform (“Linked Sites”). The Linked Sites are not under the control of Eloelo, and Eloelo is not responsible for the contents of any Linked Site, including without limitation, any link or advertisement contained in a Linked Site, or any changes or updates to a Linked Site. Eloelo is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The inclusion of any link does not imply endorsement of any nature by Eloelo or the Platform of the Linked Sites or any association with its operators or owners.
Eloelo reserves the right to disable access to Linked Sites, although it is under no obligation to do so.
Eloelo is not responsible for any errors, inclusions, omissions, or representations on any Linked Site, or on any link contained in a Linked Site. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information of such products/ services that they believe may benefit the User.
USER’S OBLIGATIONS
As a condition of access and use of the Platform and Services, the User warrants that he will not use the Platform and Services for any purpose that is: (a) not permitted by these Terms; (b) interfering with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform); (c) unlawful or illegal under any law for the time being in force within or outside India or prohibited by the User Agreement. In addition, the Platform shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party’s use and/or enjoyment of the Platform or infringe any intellectual property rights of Eloelo or any third party (including another User).
No User may share/upload/distribute any content on the Platform which:
Belongs to another person and to which the User does not have any right;
is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game (as defined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended (the “IL Rules”), that causes user harm (as defined in the IL Rules), or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;is harmful (as defined in the IL Rules) to children;
infringes any patent, trademark, copyright, or other proprietary rights;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Central Government Ministry may, by notification published in the Official Gazette,specify;
impersonates another person;
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;contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
is in the nature of an online game (as defined in the IL Rules) that is not verified as a permissible online game (as defined under the IL Rules);is in the nature of advertisement or surrogate advertisement or promotion of an online game (as defined in the IL Rules) that is not a permissible online game or of any online gaming intermediary (as defined in the IL Rules) offering such an online game (as defined under the IL Rules); and/orviolates any law for the time being in force.Users understand that if they share/ upload/distribute any content or engage in the actions listed in this Section above, on the Platform, Eloelo reserves the right to act against such Users for breach of the User Agreement in accordance with Section 10 below. Users agree to provide such additional document(s)/information as may be requested by Eloelo to comply with any applicable law or to respond to requests from any law enforcement authorities.
CONTACT US FEATURE
The Users will be provided with ‘Contact Us’ features on the Platform. The Users will be able to provide their contact details to enable Eloelo to contact them. By using the said features, the User permits Eloelo to contact them on their registered details, for any clarification or to offer any other service from time to time.
The Users may further be provided with features to contact Eloelo, raise queries, complaints, comments or interact with Eloelo.
Eloelo shall acknowledge such queries or complaints within 24 (twenty four) hours of receiving them and aim to resolve any User grievances within 15 (fifteen) days of receipt.
However, please note that Eloelo will aim to resolve any User complaints relating to removal of any content prohibited under Section 7.2 of this User Agreement at the earliest and within 72 (seventy two) hours of receiving such complaint, save and except where a larger time period is available under applicable law.
You may contact our Grievance Officer at:
Grievance Officer: Saurabh Pandey
Address: 1090n 18th Cross Road Sector 3 HSR Layout Bangalore 560102
You can also reach out to us on Saurabh@eloelo.in, in case of any queries.
NOTICES & COMMUNICATIONS
Any notice to Eloelo pursuant to the User Agreement should be sent to the Company with the subject lineAttention: User Agreement.
Any notice or communication to Eloelo may be addressed to: Attn: Anmol Agarwalla
Address: 1090n 18th Cross Road Sector 3 HSR Layout Bangalore 560102
Email: Anmol.agarwalla@eloelo.in
All notices from Eloelo will be served by email to the Users’ registered email address or by general notification on the Platform.
The User expressly agrees to receive communications regarding information, schemes, notifications, offers, events, and rewards on their registered mobile number by way of WhatsApp, SMS, calls and/or e-mails from Eloelo and other third parties relating to the Services provided through the Platform. The User can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by e-mailing to info@eloelo.in. However, this may limit the extent of the Platform access and Services that the User can avail.
BREACH
Without prejudice to the other remedies available to Eloelo under the User Agreement or under applicable law, Eloelo may limit the User's activity, warn other Users of the User's actions, temporarily / indefinitely suspend or terminate the User’s use of the Platform/ Services, and/or refuse to provide the User with access to the Platform/ Services and remove any non-compliant information, if the User is in breach of the User Agreement.
If the User or Eloelo terminates the Users’ access to the Platform and/ or Services, Eloelo may delete any content or other materials relating to the use of the Platform/Services by the User and Eloelo shall have no liability to the User or any third party for doing so. However, the transactions details of the Users and information made available on the Platform by the user that has been deleted for breach of the User Agreement may be preserved by Eloelo for purposes of tax or regulatory compliance.
OWNERSHIP AND PROPRIETARY RIGHTS
The Platform and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Eloelo or validly licensed to Eloelo and are protected by applicable Indian and international copyright and other intellectual property law. The User acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the Platform content and/or any portion thereof.
Some of the content on the Platform have been permitted by the third party/ies to be used by Eloelo in such form and manner as may be desired by Eloelo and Eloelo will makes its best endeavors to give credit to such third party/ies during publication of such content on its Platform. If at any point in time, any dispute is raised with respect to publication of such content by any third party, Eloelo shall be in its rights to remove such content or procure requisite consents from third party/ies.
Any copyrighted or other proprietary content distributed on or through the Platform with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Eloelo does not claim ownership of your content that you post on or through the Platform and you are free to share your content with anyone else, wherever you choose. However, you hereby grant Eloelo an unrestricted, sublicensable, irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to host, use, process, transmit, distribute, modify, copy, adapt, reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit on other sites, and otherwise exploit and use all or any part of all content you post to or through the Service or the Platform by any means and through any media and formats now known or hereafter developed, including the right to reproduce sound recordings, for the purposes of (i) providing services; (ii) advertising, marketing or promoting Eloelo; and (iii) displaying and sharing your content to other Users of the Service. You further grant Eloelo a royalty-free license to use your username, image, voice and likeness to identify you as the source of any of your User content. Any content posted by you to or through the Service/ Platform or transmitted to Eloelo will be considered non-confidential and non-proprietary, and treated as such by Eloelo, and may be used by Eloelo in accordance with these Terms without notice to you and without any liability to Eloelo
.IP INFRINGEMENT
If the User believes that the Platform violates the User’s intellectual property, the User must promptly notify Eloelo in writing at info@eloelo.in. These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by the User may result in the termination of his access to the Platform or other action by Eloelo.
The User is required to provide the following details in his notice
:the intellectual property that he believes is being infringed;
the item/ content that he thinks is infringing the intellectual property and also include sufficient information about where the material is located on the Platform;
a statement that he believes in good faith that the item/ content he has identified as infringing is not authorized by the intellectual property owner, its agent, or under law to be used in connection with the Platform;
his contact details, such as address, telephone number, and/or email;
a statement that the information provided in his notice is accurate, and that he is the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
his physical or electronic signature
.LIMITATION OF LIABILITY
THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES OR PARENT COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO THE USER OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USER’S USE OF OR INABILITY TO USE THE PLATFORM/SERVICES OR ANY PARTS THEREOF.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Eloelo, its affiliates, group companies and their respective directors, officers, employees, agents, third party service providers, and any other third party providing any service to Eloelo in relation to the Platform whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the aforementioned persons that arise out of, result from, or may be payable by virtue of any breach or non‐ performance of any terms of the User Agreement including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to the User Agreement.
SEVERABILITY
If any provision of this User Agreement is 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 the User Agreement shall continue to be in full force and effect.
ASSIGNMENT
The User cannot assign or otherwise transfer the User Agreement, or any rights granted thereunder to any third party. Eloelo’s rights under the User Agreement are freely transferable by Eloelo to any third party without seeking the User’s consent.
WAIVER
Any failure by Eloelo to enforce or exercise any provision of the User Agreement, or any related right, shall not constitute a waiver by Eloelo of that provision or right.
FORCE MAJEURE
Eloelo shall not be liable for any failure to perform any of its obligations under the User Agreement or provide the Services or any part thereof if the performance is prevented, hindered, or delayed by a force majeure event and in such case its obligations shall be suspended for so long as the force majeure event continues.
GOVERNING LAW
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. In the event any dispute in relation hereto is brought by the User, it shall be subject to the exclusive jurisdiction of the courts of Bangalore, India.
PARTNER GENERATED CONTENT GUIDELINES
All terms, used but not defined herein, shall have the meanings ascribed to such terms in the Terms of Use (available at www.eloelo.in)(“Terms”)
These partner generated content guidelines(“Guidelines") shall be applicable to all Partners and shall be in addition to, and not in supersession of, the User Agreement. These Guidelines shall be deemed to be incorporated into the Terms and shall form part of the Terms
In the event of any inconsistency between the terms contained herein in these Guidelines and the other terms contained in the User Agreement, the terms contained herein shall prevail to the extent of such inconsistency(ies).
Important Terms
:“Brand Affiliates” shall mean the Company’s brand partners and affiliates.
“Partners” hall have the meaning ascribed to the term in the Terms and shall include Partner Agencies and Partner Agency Creators.
Partner Agency(ies)” hall mean the persons (being natural persons or legal persons) who have entered into binding service agreements with the Company (“Partner Agreements”) under which, such Partner Agency provides Partner Agency Creators, as per the requirement of the Company, subject to the terms and conditions of such Partner Agreements.
“Partner Agency Creators” shall mean persons who are engaged with the Partner Agencies and are provided by the Partner Agency to the Company under the Partner Agreements to create, generate, or produce content/ material for the purposes of viewing and consumption on the Platform, including but not limited to, conducting live streaming sessions, broadcasting, and conducting games, which, in each case, may also involve interacting and communicating with the audience for such content/ material, on the Platform.
Guidelines applicable to the Partner Agencies:
The Partner Agencies are required to adhere in letter and in spirit to the Partner Agreements and shall be subject to all such terms contained therein. The Partner Agencies are also required to ensure, where applicable, the compliance of the Partner Agency Creators provided by them to the Company, with the terms and conditions set forth in the relevant Partner Agreement.
Guidelines applicable to Partner Agency Creators:The Partner Agency Creators agree and acknowledge that they do not have an employer- employee relationship with the Company and the Company is not required to provide any compensation (or other benefits) directly to the Partner Agency Creators. All fees, commissions etc. (by whatever name called) due and owed to the Partner Agency Creators shall be paid to them by the Partner Agency with which they are engaged. The Partner Agency Creators shall not make any claim for compensation against the Company, for any non-payment of compensation by the Partner Agency to the Partner Agency Creator and the Partner Agency Creator releases the Company from any claims of such requirement to make payments directly to them.
The Partner Agency Creators shall not represent and shall not hold themselves out to be employees of the Company.
The Partner Agency Creators shall perform all such acts, including but not limited to, conducting live sessions, promotion activities, providing posts and other content, as is informed to the Partner Agency Creators by the relevant Partner Agency, from time to time.
The Partner Agency Creators shall, at all times, adhere to the instructions/ specifications provided by the Partner Agency as applicable, from time to time, and shall abide by the rules of the relevant social media platforms (including the Platform) as required for regulatory compliance, including but not limited to
:delivering content in accordance with quality metrics such as, but not limited to, number of sessions, session rating, moderation rating, duration of live streaming sessions, number of game rounds per session, etc., as communicated by the Company or the Partner Agency, as applicable, from time to time.
not mentioning direct competitors’ (of the Company) name during any of the live streaming sessions or promotional posts or anytime while acting as a Partner Agency Creator.
not using any language or behaving in any manner that may be considered offensive, insulting, libellous, slanderous, defamatory, obscene, discriminatory, threatening, foul or vulgar, as per the provisions of applicable law.
adhering to the minimum requirements and flagging criteria for content and services offered on the Platform as communicated by the Company to the Partner Agency, as applicable, from time to time.
ensuring that all blog posts, social media statuses, tweets, and/or comments should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
The Partner Agency Creators grant to the Company a royalty free license to use the Partner Agency Creator’s name, image, voice, and likeness in all media including the Platform and on other social media sites and in all formats of print and digital media advertising. The Partner Agency Creators further grant to the Company and to the Brand Affiliates an unrestricted, sublicensable, non-exclusive, royalty-free, worldwide license to record audio and video and to feature, reproduce, use, process, transmit, distribute, copy, adapt, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivate works from content generated by the Partner Agency Creators, and otherwise exploit and use all or any part of all content you post to or through the Service or the Platform by any means and through any media and formats now known or hereafter developed, including the right to reproduce sound recordings, as part of any promotional/ advertising campaign (including the Partner Agency Creator’s name and likenesses) on social media platforms (including the Platform) owned and controlled by the Company and/ or its affiliates, and within third party digital and broadcast platforms and print platforms including but not limited to advertisement networks, email marketing, paid search listings, television, radio, newspapers, magazines and brochures, Facebook, Instagram, Twitter, Tumblr, YouTube, Pinterest, Vine, Google+ website and blogs, for the duration of the Partner Agency Creator’s term of engagement and for a period of 12 (twelve) months thereafter. Any content posted by Partner Agency Creators to or through the Service/ Platform or transmitted to Eloelo will be considered non-confidential and non- proprietary, and treated as such by Eloelo, and may be used by Eloelo in accordance with these Terms without notice to Partner Agency Creators and without any liability to Eloelo.
When publishing posts/statuses about Company’s products or services, the Partner Agency Creators must clearly disclose his/her “material connection” with the Company, including the fact that he/she was given any consideration by the Partner Agency, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that the Partner Agency Creator makes about the Company or Company’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via hashtags, e.g., #sponsored. Partner Agency Creator’s statements should always reflect his/her honest and truthful opinions and actual experiences. Partner Agency Creator should only make factual statements about the Company or Company’s products/services/offerings which the Partner Agency Creator knows for certain are true and can be verified.
The Partner Agency Creators may receive, have access to, and create documents, records, and information of a confidential and proprietary nature to the Company and customers of the Company. The Partner Agency Creator acknowledges and agrees that such information is an asset of Company and/or its clients, is not generally known to the trade, is of confidential nature and, to preserve the goodwill of Company and its clients must be kept strictly confidential and used only in the connection with his role as a Partner Agency Creator. The Partner Agency Creators agree to not use, disclose, communicate, copy, or permit the use or disclosure of any such information to any third party in any manner whatsoever. Upon termination of his role as a Partner Agency Creator or upon the request of the Company, the Partner Agency Creator will return to the Company all the confidential information, and all copies or reproductions thereof, which are in possession or control of Partner Agency Creators.
