terms | FansTribe

Terms of Use

INTRODUCTION

These terms and conditions applicable to the use of the Platform (as defined below) (“Terms of Use”), together with the Privacy Policy and any other policies, terms and disclaimers available on the Platform or communicated to you (“You” / “Your” / “User” and variations of these terms), govern Your use of the Platform, and constitute an agreement between Fanstribe Private Limited (“Fanstribe” / “We” / “Us” and variations of these terms) and You. These Terms of Use apply to You and are binding upon You for and through Your use of the Fanstribe mobile application and www.fanstribe.com (“Platform”).

These Terms of Use may be amended / updated from time to time. Upon amending / updating the Terms of Use, We will accordingly amend the date below. We suggest that You regularly check these Terms of Use to apprise Yourself of any updates. We will inform You of any changes to the Terms of Use once a year. Your continued use of the Platform will imply Your unconditional acceptance of such updates to these Terms of Use.

By visiting, accessing and/or availing the use of the Platform:
You agree that You have read, understood and agreed to these Terms of Use and You acknowledge that these Terms of Use shall apply to You and be binding on You;
You are competent under the laws of India to agree to these Terms of Use;
You have the mental capacity and are of sane mind to take responsibility for Your own actions and consequences arising out of such actions involving availing the Platform; and
You are responsible for complying with Your applicable local or national laws.

USE OF THE PLATFORM

You may not use the Platform:

for any purpose that is unlawful, illegal or forbidden by law;
in any manner that harms Fanstribe, or Fanstribe’s directors, employees, affiliates, distributors, partners, service providers, and / or any other User of the Platform;
to remove any copyright and other proprietary notices contained in any content on the Platform;
to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Platform;
to copy any logos, brand names, marketing or branding material or pictures from the Platform;
for the purpose of accessing the Platform, or any content on the Platform by the use of spiders or robots;
to post defamatory, abusive, malicious, threatening, false, misleading, offensive, racist, sexist, obscene, pornographic, or hateful content;
to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material; or
in any manner other than as agreed in the Terms of Use.

USER ACCOUNT, PASSWORD AND SECURITY

To access the Platform, you will be required to register and create an account on the Platform.
If you choose to register on the Platform, or if you otherwise provide information on the Platform, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Platform, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to suspend or terminate your account and to prohibit any and all current or future use of the Platform (or any portion thereof) by you, without any notice to you.
When you register for an account on the Platform:
You must use a "strong" password for your account.
You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that take place through your account.
You undertake not to share your phone number, password and/or any other details required to log into your account, with any other person for their use of the Platform. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
You undertake that you will have only one user account and not multiple accounts registered with the Platform. If it comes to our knowledge that you have multiple accounts, we reserve the right to disable such accounts.
You agree to get periodic alerts and newsletters from us including for offers and promotions, which may include discount codes and Platform credits, and may have an expiration date or be restricted to a certain type of users of the Platform. You further agree that we reserve the right to revoke access to such offers and promotions at our sole discretion.
You consent to our monitoring of your usage of the Platform for collection of data pertaining to services utilized by you on the Platform to assist us in suggesting services to you on the Platform.
You also, hereby, give us permission to use any information or material provided by you upon your registration/account creation for any purpose connected with the Platform, including marketing or promotion, without any intimation to you.
You agree that we may modify your username, profile name, or any other profile information if we believe it is inappropriate or illegal, such as impersonating another use, and
We recommend that you exit or log out from your account at the end of each session if using a public computer. We cannot and will not be liable for any loss or damage arising from misuse of your account or information therein, because of your failure to comply with the requirements under this section.

We reserve the right to:

Make all decisions in relation to your registration with the Platform; and
Request additional documents and additional information from you for the purpose of your registration as a User with the Platform.

USER CONTENT

You are responsible for all the User Content that you post, display, transmit, host, upload, publish, store, update or share on the Platform (including with respect to its appropriateness, legitimacy, lawfulness and ownership) and must ensure that the User Content posted by you is in conformity with the Terms and applicable laws. When you use the Platform, you specifically undertake, and the Company shall keep you informed through the Terms and cause you to, not to host, display, upload, modify, publish, transmit, store, update or share any User Content, through the Platform that:

violates any law for the time being in force;
belongs to another person and to which the User does not have any right;
infringes any patent, trademark, copyright or other proprietary rights;
is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
is harmful to children;
is for commercial uses, sponsorships, or promotions placed on or within the Platform or User Content;
is relating to politics, religion, or contains any vulgar language;
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 cognizable offence or prevents investigation of any offence or is insulting to other nations; or
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.

We have no obligation to monitor any User Content. However, we, at our discretion and in accordance with applicable law, may review any User Content and may also remove any User Content from the Platform if we determine in our sole discretion that such User Content is in violation of the Terms or any applicable law. Such actions do not in any manner negate or dilute our position as an intermediary under applicable laws or impose any liability on us with respect to the User Content. Where we remove any User Content from the Platform, we will make reasonable efforts to inform the User who had posted such User Content about such removal. In case the User is aggrieved by our actions under this clause, they may write to us at support@fanstribe.com, and we will take action as per our Terms or as per any applicable law.

In addition to the above, we will consider all communications, requests and suggestions sent by Users and other members of the public regarding take down/disabling/removal/deletion of any User Content provided that such communications are sent in a bona fide manner, in good faith and in the interest of the Platform and public good. However, we are not under any obligation to act on any such communications, requests and suggestions or respond to anyone. You specifically agree that our decision in this respect shall be final. We will take such action as we are required to take under applicable law, if there is any valid court order or upon being notified by the appropriate government agency as per applicable law.

If you are aggrieved by any violation under applicable law, you may report the same to us along with supporting documentation and we may deal with the same in accordance with applicable law. While submitting any such claims, you must provide your full name, business name, contact details and the manner in which you think there has been any violation under applicable law. You understand that any notice of any violation under applicable law brought to our notice will be treated seriously by us and may result in removal of the infringing User Content or even in suspension of the infringer's account, until the issue is resolved.

INTERACTION WITH CELEBRITY

The Company has no role to play in the operations of a Celebrity Tribe, except for the uploading of content that has been created or approved by the Celebrity. While we obligate the Celebrity to provide accurate and complete information about themselves and their offerings, including as a part of their Tribe, we are not responsible for the content uploaded on the Celebrity Tribe, the services offered by the Celebrity including failure to provide services, and representations made by the Celebrity on and/or off the Platform. The Platform will not be held liable for any suggestions, interactions or concerns arising out of such engagements between you and the Celebrity.

We make no guarantees, representations or warranties, whether expressed or implied, with respect to the accuracy, authenticity and completeness of the content or other information provided on the Platform, including as a part of a Celebrity's Tribe. In no event shall we be liable to you or anyone else for any decision made or action taken by you by relying on any content or information provided on the Platform, including as a part of a Celebrity's Tribe.

INTELLECTUAL PROPERTY

Rights of Fanstribe:

All intellectual property including in relation to any software, techniques and processes used, and any trademarks, logos, images and other content available on the Platform belongs exclusively to Fanstribe and / or its licensors. Through Your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by Fanstribe to You.
Fanstribe and / or its licensors assert all proprietary rights in the trademarks and copyright depicted on the Platform. Any unauthorized use of the Fanstribe trademarks or copyright in connection with any other good, service or offering will constitute an infringement of the trademark and copyright of Fanstribe and / or its licensors and may be actionable under the applicable laws.

Rights of the User:

Fanstribe grants You a limited royalty-free right for Your personal and non-commercial use of specific portions of the Platform that do not require a subscription to access, for the time that You are a User with the Platform.
Unless explicitly stated or otherwise authorised by Fanstribe, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content on the Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

THIRD PARTY SITES / CONTENT

The Platform may provide links or direct You to various third-party websites. If You use any of these links, You may be directed / redirected to such external websites.
If You decide to visit any such external link, You agree to do so at Your own risk, responsibility and liability. Fanstribe does not endorse any website linked to the Platform or the information appearing therein or any of the products or services described therein. You agree that Fanstribe is in no way responsible for the accuracy, timeliness or completeness of information that it may obtain from these third parties and which may be posted / published on the Platform and as may be amended from time to time.
Any display of third-party goods / services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of Fanstribe by any such third parties.
Use of such third-party links shall be governed by a separate agreement between You and such third party. Fanstribe will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the User with such third parties or from availing any goods / services from such third parties.

SUBSCRIPTIONS

You have the option to subscribe to the Tribe of any Celebrity that you are interested in. You can subscribe to any number of Tribes as you may choose.

As a part of the Platform's services, some content made available on the Platform, such as providing access to a Celebrity's exclusive group (hereinafter referred to as "Tribe"), can be availed only by Users who have subscribed to such Celebrity's Tribe ("Subscription User") under a specific subscription plan ("Subscription").
To become a Subscription User, you shall be required to make payments ("Subscription Fee") per Celebrity Tribe. The Subscription Fee is an annual fee, payable as prescribed by the Company and through payments modes as described under Payments. The Subscription Fee is inclusive of applicable taxes. We are only facilitating payments using third party payment gateways. We will not be liable for any loss caused due to failure of transactions, wrongful transfers, inadvertent transfers or any other issue faced while using the third party payment gateways. Any such issue shall be dealt with between the User and the payment gateway.
The Subscription availed by you will be valid for a period of 1 year from the date of payment of Subscription Fee. You can review information regarding your Subscription under the My Account tab of the Platform.
We may offer different types of Subscription plans for a Celebrity's Tribe, which may have different levels of access to features and content within the Celebrity's Tribe. The cost of each of these Subscription plans may vary. In case of any change in Subscription plans of a Celebrity Tribe that you are a Subscription User of, including the Subscription Fee of the Tribe, we shall provide prior notice to you on the Platform or by e-mail to your registered email address. Any change in the Subscription Fee of the Tribe will be applicable to you at the end of your current billing cycle. The Subscription Fee is non-refundable in case of any change in Subscription plans of a Celebrity Tribe.

PAYMENTS

You can pay the Subscription Fee in various ways as set out below through third party payment gateways:

Credit card or debit card: You can pay the Subscription Fee using a valid credit or debit card (VISA, Mastercard or Rupay). The applicable authorised payment will be debited once you have successfully subscribed to a Celebrity's Tribe.
Unified Payments Interface (UPI): You can choose to pay your Subscription Fee with UPI. The Subscription Fee will be debited from the associated bank account during the checkout.
Net Banking: You can also choose to pay your Subscription Fee via Net Banking.
The Company uses third party payment gateways to process and facilitate the payment of Subscription Fees. At no time during the purchase process or thereafter, does the Company have access to or stores your card, bank account or other payment information. The third party payment gateways are managed by third party payment gateway providers and you are required to follow the terms and conditions of the third party payment gateway providers. We will not be liable for any loss caused due to failure of transactions, wrongful transfers, inadvertent transfers or any other issue faced while using the third party payment gateways. Any such issue shall be dealt with between the User and the payment gateway.
While availing any of the payment method/s available on the third party payment gateway, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction/s, or
Exceeding the pre-set limit mutually agreed by you and between bank/s, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s.
You further agree and acknowledge that use of the payment facility shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Celebrity Merchandise listed on the Platform.
You can cancel your Subscription at any time, and you will continue to have access to the services under the Subscription through the end of your billing period. To the extent permitted by the applicable law and subject to cancellations due to death / physical incapacity of the Celebrity whose Tribe you are a Subscribed User of, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused content. To cancel your Subscription, go to the relevant store app and follow the instructions for cancellation. If you cancel your Subscription, your account will automatically close at the end of your current billing period. To see when your account will close, go to the Membership page.

REFUNDS

You, as a User, will be entitled to claim a refund of the Subscription Fee within 90 days, as your sole and exclusive remedy in the following cases:

Death / physical incapacity of the Celebrity whose Tribe you are a Subscribed User of;
Technical issues within the platform limited to Subscribed features listed on the Membership page.
Any technical issues must be raised as a complaint to support@fanstribe.com and the refund claim is applicable only if a response to the complaint is not received within 72 hours.

You will be ineligible for a refund in case you do not raise a refund claim on the Platform within the stipulated time frame of 90 days.

Refund will be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India.

Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund. We may also request you for additional documents for verification.

Refunds will be subject to the User complying with the Terms, Privacy Policy and any other policies framed by the Platform.

PERSONAL INFORMATION AND DATA SECURITY

Fanstribe may collect certain personal information from You in connection with the Platform. Such personal information may be collected in various ways including:

when You register on the Platform,
when You provide any information to Us on the Platform, such as for Our waiting list, invite list, newsletter, etc.,
when You use the Platform, and
as mentioned in the Privacy Policy.

Your personal information may be collected used, stored, processed, disclosed and transferred in accordance with applicable data protection laws and the Privacy Policy.

INDEMNITY

You agree to defend, hold harmless and indemnify Fanstribe, its affiliates, directors and officers (collectively the “Fanstribe Indemnified Parties”) from and against any and all losses, costs, expenses, damages or other liabilities incurred by any Fanstribe Indemnified Party, from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against an Fanstribe Indemnified Party, due to or arising out of or in connection with (a) Your use of the Platform, or (b) Your breach of any provision of these Terms of Use, or (c) any negligent or intentional wrongdoing on Your part.

You shall not settle or compromise any such matter without Our prior written consent. We shall be entitled to participate in such defense through Our own counsel at Your cost and expense.

DISCLAIMER

We exclude all representations and warranties relating to the content on the Platform. The Platform and the content on the Platform should not be construed as any professional advice.

Fanstribe disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the Platform, content on the Platform; (ii) third party products or services advertised on or received through any links or other sources provided on the Platform; or (iii) any information or content received through the site or links provided on the Platform.

Fanstribe makes no warranty or representation that any errors in the Platform will be corrected.

The Platform is provided on an “as is” and “as available” basis. Neither Fanstribe nor any third-party service providers are liable for any network, technical or other operational difficulties or problems which may result in loss of Your data, monetary loss, personalization settings or other interruptions in the features offered on the site. Neither Fanstribe nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform or content on the Platform.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Fanstribe is not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Platform, even if Fanstribe has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to access or use the Platform or specific features of the Platform, (b) conduct of any User on the Platform, (c) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behaviour, or false or fraudulent transactions, or (e) technical or other operational lapses on the Platform. In any event, the liability of Fanstribe arising out of the Agreement shall not exceed INR 1,000 (One Thousand Rupees).

GOVERNING LAW AND JURISDICTION

This Agreement along with Your use of the Platform is governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The courts in Bangalore, India shall have exclusive jurisdiction over all matters connected with these Terms of Use and Your use of the Platform.

GENERAL PROVISIONS

Suspension/Termination: Fanstribe shall have the right to suspend or terminate Your access to the Platform if Fanstribe has any reason to believe that You are violating any of the provisions of these Terms of Use, Privacy Policy, any other rules / policies of the Platform, or any applicable laws.

Force Majeure: Fanstribe shall not be liable for any downtime or delay or unavailability of the Platform caused by circumstances beyond Fanstribe’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

Entire Agreement: These Terms of Use, the Privacy Policy and other policies which may be applicable to specific portions of the Platform constitute the entire agreement between Fanstribe and You.

Advertisement: Fanstribe shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform.

Severability: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.

Assignment: You may not assign or sub-license, without the prior written consent of Fanstribe, the rights, duties or obligations under these Terms of Use, in whole or in part, to any person or entity.

Conflict: In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, and any other policies applicable to specific pages of the Platform, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of Use, (iii) any other policies applicable to the Platform.

If You have any questions or concerns regarding the Terms of Use or for any technical support on the Platform, please contact Us at support@fanstribe.com

Date updated: 7th July, 2023