WEBSITE TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Welcome to www.alttribe.world (hereinafter referred to as the “Website”). The Website is owned by Origami creative concepts Pvt. Ltd., a company registered under the laws of India and having its registered office at No.8/1-2, 3rd floor, Palace Loop Road, Opposite Mount Carmel College, Vasanthnagar, Bengaluru - 560052. Origami creative concepts Pvt. Ltd and its subsidiaries are collectively referred hereto as "AltTribe" "we" or "us" and “you” or “user” means you as an user of the Site.
The Website belongs to Us and serves as an online intermediary marketplace (“Platform”) that connects artists/designers/creative professionals with Our customers such as You (“Customers”) so as to enable Our Customers to view and purchase designs, videos, content and the like (collectively, the “Services”) from the said artists/designers/creative professionals.
These Website Terms and Conditions (“Terms”) are applicable to you (hereinafter referred to as “You” or “Your” or “Yourself”) when You use or access the Website or any part thereof. These Terms sets forth the legally binding terms for Your use of the Website, Platform and availing of the Services therefrom. If You do not agree to be bound by any of the provisions of these Terms, please do not access or use the Website/Platform in any way whatsoever.
1.1. By accessing the Platform and by creating a Website account with Us, You are accepting these Terms and You represent and warrant that You have all the right, authority, and capacity to enter into these Terms.
1.2. In order to use the Platform and avail the Services, You must register with Us by creating Your personal account with Us by providing certain personal and non-personal information about Yourself as prompted by the Platform’s registration form. Apart from taking personal information that directly identifies You. You represent and warrant that: (a) all required registration as well as personal information You submit shall always be true and accurate; and (b) You will maintain the accuracy of such information; else be liable for any risks and consequences arising therefrom. Without limiting the generality of the foregoing, You agree to provide Us with any identification documents which We might request from You from time to time for the purposes of verifying Your identity. You may delete Your account at any time, for any reason, by emailing Us at email@example.com. You are solely responsible for maintaining the confidentiality of Your Website account login information and are fully responsible for any and all activities that take place under Your said account. You agree to immediately notify Us of any unauthorized use or suspected unauthorized use or disclosure of Your said account or any other breach of security thereof. We cannot and will not be held liable for any loss or damage arising from Your failure to comply with the above requirements and for any unauthorized You shall create only one Website account with Us and shall not directly or indirectly create more than one account.
1.3. You further represent and warrant that You are of at least 18 years of age in order to be competent to contract and enter into these Terms and abide by them.
1.4. Subject to the terms of these Terms, We grant You a non-transferable and non-exclusive, license to use the Website only for the purposes as envisaged under these Terms
1.5. The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Website, or otherwise host or sub-license the Website or any part thereof; (b) You shall not modify, make derivative works of, adapt, translate, disassemble, reverse engineer or decompile any part of the Website, or otherwise attempt to discover the source code in the Website or any part thereof; (c) You shall not access the Website in order to build or promote a similar or competitive website/platform; (d) You shall not infringe or violate the Intellectual Property Rights (as defined hereinafter) in the Website in any way whatsoever; and (e) You shall not copy, reproduce, distribute, republish, download, display, post or transmit the Website or any part thereof in any form or by any means.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. “Intellectual Property Rights” shall mean all copyrights, trademarks, patents and other intellectual property rights recognized by the laws of any country.
2.2. We and Our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Website and the Platform. The AltTribe and AltTribe logos and names are Our trademarks. Nothing in these Terms grants You a right to use any of Our trademarks All other product names, company names, trademarks, logos, and symbols on the Website/Platform may be the trademarks of their respective owners.
2.3. All Intellectual Property Rights in the Services shall vest with the artist/designer/creative professional till You make full payment for the Services availed from such artist/designer/creative professional from the Platform. Once You make full payment for the Services availed, all Intellectual Property Rights in the Services shall vest with You absolutely and perpetually for the territory of the entire world.
2.4. It is hereby clarified that if any Design Project gets abandoned for any reason whatsoever, all Intellectual Property Rights in the Services shall remain vested with the concerned artist/designer/creative professional.
3. USER CONTENT AND RESTRICTIONS
3.1. “User Content” means any and all information and content that a user (whether artists/designers/creative professionals or any Customer such as You) submits to, or uses with, the Platform. User Content shall include but is not limited to details of You, Design Project, Services (including designs and design samples), feedback and reviews and/or testimonials. You are solely responsible for Your User Content and assume all risks associated with use thereof, including its accuracy, completeness or usefulness by others. You hereby represent and warrant that Your User Content does not violate any applicable laws or the Intellectual Property Laws of any person/entity. Under no circumstances, it will be implied that We have in any way sponsored or endorsed Your User Content.
3.2. If You provide Us with any feedback or suggestions regarding the Platform, Services and/or any other products and/or services offered through the Platform, You hereby assign to Us all rights in such feedback and agree that We shall have the right to use the same in any manner We deem fit. We will treat any such feedback as non-confidential and non-proprietary. All such feedback will be treated as User Content.
3.3. You hereby grant, and You represent and warrant that You have the right to grant, to Us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license for all the duration of the Intellectual Property Rights to distribute, publicly display, and use Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Platform and for promotion and marketing of the Website/Platform. You agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to Your User Content.
3.4. You agree not to use the Platform with any User Content or to provide any products or services that (a) violates any third party right, including any Intellectual Property Right, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, offensive, abusive, harassing, threatening, harmful, tortious, invasive of another’s privacy right, vulgar, indecent, pornographic, obscene, defamatory, false, misleading, libellous or slanderous or adopt anything that promotes racism, hatred, bigotry, religious hatred or you agree not to use the Platform or Services to: (a) upload, transmit, or distribute any computer viruses, worms, trojans, malware or any software intended to damage or alter a computer system or source code; (b) send unsolicited or unauthorized or promotional content, junk mail, spam, chain letters, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, whether Yourself or on behalf of any third party; (c) harvest, collect, gather or assemble any information or data regarding any Platform user, without Our express consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform; (e) remove, obscure or alter any proprietary notices associated with the Platform; (f) attempt to gain unauthorized access to the Platform or the servers, computer systems or networks connected to the Platform; (g) impersonate any person or entity or falsify or misrepresent Yourself; or (h) display, mirror, or frame the Platform.
3.5. We reserve Our right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against You in Our sole discretion (including removing or modifying Your User Content, terminating or suspending Your Platform account, and/or reporting You to any appropriate law enforcement agencies) if You violate the terms or any other provision of these Terms or otherwise create any liability for us or any other person.
3.6. It is hereby expressly clarified that Our role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the User Content. Being an intermediary, We have no responsibility and/or liability in respect of any such User Content on the Platform, including for Intellectual Property Rights infringement or any other violation under applicable laws.
5. THIRD PARTY SITES
We may provide links to third party websites, products and services, including advertisements on the Platform (collectively, “Third Party Data”). Such Third Party Data are not under Our control and We are not responsible for any Third Party Data. We provide these Third Party Data only as a convenience and do not review, approve, monitor, endorse, warrant or make any representations with respect to the same. Any use by You of such Third Party Data shall be at Your own risk. You should make all prior investigations You feel appropriate before proceeding with any transaction in connection with such Third Party Data.
6. TERM AND TERMINATION
These Terms will remain in full force and effect while You use the Platform and have an account with Us. We may (a) suspend Your right to use the Platform, whether in part or in full, or (b) terminate these Terms, at any time for any reason if You violate any provisions of these Terms. Upon termination of these Terms, Your Platform account and right to access and use the Platform will terminate immediately. You understand and acknowledge that any termination of Your Platform account may involve deletion of Your User Content associated therewith. However, We reserve Our right to continue to use Your User Content to the extent permitted under applicable law. We will not have any liability whatsoever to You for any such termination.
7.1. Subject to Clause 7.2 below, all the payments made to Us by You are completely non-refundable.
7.2. We may refund You only in the following circumstances:
7.2.1. The design purchased by You is defective. A purchased design will be deemed to be “Defective” if: (a) the same is subject to a third party claim that the said design infringes any third party’s intellectual property rights. In such a scenario, We will reimburse the full applicable payment made by You to Us;
7.2.2. You placed a duplicate order (or request) in error provided You have notified Us of the same within 3 (three) calendar days of such duplication/error;
7.2.3. We are required to do so under any applicable law;
7.2.4. In accordance with Our refund policy specified from time to time;
7.2.5. any other reason as We may deem fit in Our sole discretion, for any Services have not been accepted by You or in a scenario where the artist/designer/creative professional remains unresponsive for 15 (fifteen) or more consecutive days for Your on-going Design Project, We will replace such artist/designer/creative professional with a similar creative professional within further maximum 15 (fifteen) working days. After the Services are delivered, You will be deemed to have accepted the same unless You provide notice of rejection thereto within 5 (five) days of delivery of the Services or within such days as mentioned on the Platform. and You will have no right to use the resulting Services in any way whatsoever and all Intellectual Property Rights in the Services shall vest with the artist/designer/creative professional. In case You reject the Services and do not wish to proceed any further, We will not refund the advance payment made by You, if any, and You will have no right to use the resulting Services or any part thereof showcased to You in any way whatsoever and all Intellectual Property Rights in such Services shall vest with the artist/designer/creative professional. As an intermediary, We have no involvement in managing or providing the Services to customers such as You and are simply providing the Platform to facilitate You to request and avail services from artists/designers/creative professionals and to view designs, provide feedback on the Services and pay for the Services availed.
7.2.6. Any and all refunds hereunder shall be subject to deduction of taxes as per applicable laws. It is hereby clarified that for any payment that the Client makes via the Platform after deduction of applicable withholding taxes, a refund will be made to the Client only once relevant payment proofs thereof have been submitted to AltTribe by the Client.
8.1. We merely make the Website/Platform and Services available to Our Customers such as You so as to enable You to find and transact directly with artists/designers/creative professionals for Your Design Project requirements. Through Our Website, artists/designers/creative professionals may be notified of Customers such as You that may be seeking their Services, and accordingly Our Customers may be notified of such artists/designers/creative professionals. At all times, Our Customers will be responsible for evaluating and determining the suitability of any of their Design Project or the artist/designer/creative professional on their own. We do not perform any background checks on or guarantee the Services of such artists/designers/creative professionals as they are not employed by Us. You also acknowledge, agree and understand that such artists/designers/creative professionals are solely responsible for determining, and have the sole right to determine, which Design Projects to accept and terms related to such Design Projects. Further, We neither, in any way, supervise, direct, or control any such artists/designers/creative professionals or the Services rendered by them, nor impose any quality standards for any Design Project or dictate their performance, methodology or process adopted by such artists/designers/creative professionals to perform their Services.
8.2. We make no warranties regarding the Platform and/or the Services as well as any other products or services provided to You through the Platform and each of the foregoing are provided on an “AS IS” and “AS AVAILABLE” basis. We further expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement of the Platform, the Services or any products or services availed through the Platform. We make no warranty that the Platform and the Services and/or any products or services offered through the Platform: (a) will meet Your requirements and/or expectations; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will always be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe
8.3. We further state that the artists/designers/creative professionals, and You sell and purchase the Services through the Platform at their own risk. Your interactions with any Platform users (including with artists/designers/creative professionals) are solely between You and such user and We will not be responsible for any loss or damage incurred as a result of any such interactions. In case of any dispute between You and any artist/designer/creative professional, We are under no obligation to be involved with the same; however, We will use commercially reasonable efforts to try to resolve any such disputes.
8.4. All payments made on or through the Website/Platform are managed by third party vendors and service providers. We will not be liable to any Customer if We are unable to complete a transaction as a result of any limit by applicable law or fault of such third party vendors/service providers or Your financial institution, or if a financial institution fails to honour any credit or debit to or from an account associated with such payment method. We will make commercially reasonable efforts to work with any such affected Customer to resolve such transactions in a manner consistent with these Terms.
9. ENROLLMENT AND DESIGN PROCESS
9.1. You shall be permitted to create a design brief/project (“Design Project”) on the Platform by specifying the requirements for the Design Project, such that artists/designers/creative professionals, clearly know the requirements and criteria for creating the designs as required by You. You can work closely along with them creating a 1-to-1 specific Design Project id/name/code and by following the directions on the Platform. Such specific Design Project id can also include quotations for the Design Project and We will invoice You based on the same along with other applicable Platform and other applicable fees and charges. If any Services have not been accepted by You, We will refund the payment made by You as set out under Clause 7.2.
9.2. Before any Design Project is uploaded by You on the Platform, You will first create an account with the Website.
9.3. We reserve Our right to review and/or approve Your Design Brief to maintain purity of the Website and the Platform.
9.4. Your profile might be showcased and shared with artists/designers/creative professionals who might be willing to render the Services requested by You on the Platform.
9.5. Once the suitable artists/designers/creative professionals are prompted to You by the Platform, You will share the design brief pertaining to the Design Project with them, who will in turn either agree to render the Services to You and share the fee proposal with You or reject the Design Brief. Once You receive such a fee. such fee proposal, You may either accept it or renegotiate on the same with the said artists/designers/creative professionals. With respect to any such proposal, You and the artists/designers/creative professionals will agree on payment terms (which may or may not include any advance fee payment), milestones and/or due dates. Once the proposal is finalized, We will invoice You based on Your proposal which shall include platform fee and other applicable fees and taxes.
9.6. The chosen artist/designer/creative professional will commence working on the Design Project as per the fee proposal agreed with You. Milestone details will be indicated on the Platform and the submission of the same will happen on the Platform only in the format as agreed upon between You and the chosen artist/designer/creative professional and by following other criteria and instructions that may be provided on the Platform. The time lag between approval and clearance from You shall be as indicated at an appropriate place in the Platform.
9.7. Any payment made by You towards the Design Project will be disbursed to the artists/designer/creative professional only on the basis of Your approval. Once Your Design Project is approved, subject to this terms clause 7 thereof, no refund of any payment made by You towards the same will be refundable.
9.8. If no Services is finalised and purchased by You, all Intellectual Property Rights in the Services worked by the artist/designer/creative professional till date shall vest with such artist/designer/creative professional. In a scenario where You remain unresponsive for 14 (fourteen) or more consecutive days in any on-going Design Project, We will deem Your Design Project as abandoned by You and You will not be entitled to receive any refund of any fees paid by You towards the same. Further, any such fees paid shall be non-refundable and non-transferable and will not be adjusted towards any other Design Project.
9.9. You agree not to circumvent the Platform or the payment methods offered by the Platform. In particular, You will not: (a) submit proposals or solicit third parties identified through the Platform to contact, hire, manage, or pay outside the Platform in respect of the Design Project or any other design project whether uploaded on the Platform or not; (b) accept proposals or solicit third parties identified through the Platform to contact, deliver services, invoice, or make payment outside the Platform in respect of the Design Project or any other design project whether uploaded on the Platform or not; (c) cancel any Design Project for the purpose of contracting separately with any artist/designer/creative professional or any other customer who is associated with the Platform and with whom You may have oral or virtual discussions through the Platform. You further hereby agree to notify Us immediately if any artist/designer/creative professional improperly or directly contacts You or suggests making or receiving payments outside of the Platform. If You are aware of a breach or potential breach of this non-circumvention clause, please submit a confidential report to Us by sending Us an email message at firstname.lastname@example.org. If You knowingly breach this Clause 9.9, You agree to pay, without any delay or demur, a penalty of twice the amount of the entire Services fee agreed in the proposal between You and the artist/designer/creative professional, irrespective whether You have paid any advance fee or not. We further reserve Our right to terminate Your account with Us as well as remove You from the Platform without any refund or payment to You.
These Terms (including pricing terms) is subject to periodic revision, and if We make any substantial changes, We may (or may not) notify You by sending You an e-mail to the last e-mail address You provided to Us (if any) and/or by prominently posting notice of the changes on Our Platform. Any changes to these Terms will be effective immediately upon such notification/posting. Continued use of the Platform following notice of such changes shall indicate Your express acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
These Terms constitute the entire agreement between You and Us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.
10.5. FORCE MAJEURE
Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to AltTribe) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of licence by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
Your relationship with AltTribe is that of an independent contractor only, and neither of us will be construed or be deemed to be an agent or partner of the other.
10.7. GOVERNING LAW AND JURISDICTION
These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same and shall be subject to the exclusive jurisdiction of any competent courts situated at Bengaluru, Karnataka, India.
11. GRIEVANCE OFFICER
In accordance with The Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
- Name: Laeeq Ali
- Address: No.8/1-2, 3rd floor, Palace Loop Road, Opposite Mount Carmel College, Vasanthnagar, Bengaluru - 560052.
- Phone No.: +91 8041121109.
12. CONTACT US
- Email: email@example.com
- Phone No.: +91 8041121109