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Terms And Conditions

Terms And Conditions

Terms and Conditions of Service

The following Terms Of Service (hereinafter, the "TOS") are the rules under which are governed all services (hereinafter, the “Services”) provided to any users of the platform as an Influencer hereinafter “You” or the “Influencer”) by F Square Media, a private company registered in New Delhi, India and registered office at Panchsheel Park, New Delhi (hereinafter, "B&B Connect" or “We”), through the website thebnbconnect.com (hereinafter, the "Platform").

F Square Media is a company and is fully licensed in India to offer and provide the services of the above-mentioned Platform.

B&B Connect reserves the right to modify its terms and conditions at any time by amending this page. Please check this page from time to time to take notice of any changes, as they are binding. Note that where appropriate you may also be notified by email using the email address provided when registering or when you login to the site for the first time after the change. In these instances, B&B Connect will ask you to accept the new version of the terms and conditions.

Section I

1. Registration and Conclusion of the Contract

1.1 To access B&B Connect’s services the Influencer must read and accept the TOS. The Influencer shall be required to register solely using an active account owned by them in one of the social networks listed on the login page.

1.2 The TOS will be effective upon acceptance by the Influencer and shall govern the entire relationship between the Influencer and B&B Connect for the entire term of this contract.

1.3 The Influencer has sole responsibility for maintaining the confidentiality of the username and password used to access the Platform (hereinafter the “Login Details”) and must immediately notify B&B Connect of any loss of exclusive control over this information.

Please be advised that in the absence of such notification, the Influencer shall be considered fully and solely liable for any potential damage caused to himself/herself or to any third party by the inappropriate use of this information.

2. Contract Duration and Termination

2.1 This contract shall remain in force for an undetermined period, unless terminated either by the Influencer or B&B Connect, pursuant to the following point 2.2.

2.2 The Parties may terminate this contract at any time by giving notice in writing to the other party. B&B Connect may terminate this contract by giving notice through the email address provided by the Influencer at registration-stage and such termination shall be effective seven (7) days after notification. The Influencer may terminate this contract by communicating notice to support@thebnbconnect.com or by using the feature “account deletion” available in the app, and such termination shall be effective seven (7) days after the notification, unless a Campaign being participated in by the Influencer is still in progress, as defined in below paragraph 3. Should B&B Connect receive a notice to terminate this contract by the Influencer whilst a Campaign is still running, then the contract shall only be terminated on the same date as such Campaign is effectively concluded; Pursuant to following point 4, the termination of the contract shall not affect any rights already accrued by the Influencer, unless the termination is due to any of the causes for immediate termination pursuant to following point. 6 and point.9.

3. Personal Data

3.1 Upon registration, the Influencer shall provide B&B Connect with correct and truthful information and shall keep such information up-to-date for the entire term of this contract. B&B Connect shall not be liable for any damage or loss that the Influencer may incur by not updating such information (for example, missed communications sent by B&B Connect to an email address no longer in use);

3.2 The Influencer acknowledges and agrees that registration to the Platform involves the use of the profile picture & followers counts along with their public pictures on social media network and that B&B Connect may use it for any related articles or any app feature like Media Kit for Influencers/Profile Page which only helps influencers build up a profile

3.3 The Influencer acknowledges and accepts that, in order to enable use of the services provided by the Platform, B&B Connect will complete their profile (the "Profile") by measuring their degree of "influence" on social media channels (social media accounts and blogs) in relation to certain topics. A complete Profile will enable the Influencer to use the services offered by the Platform. Any data, either provided by the Influencer upon subscription or later provided by express consent through their social media profiles, will be processed by B&B Connect for Profile development. The Terms and Conditions under which such data is collected, used or stored can be viewed in the Privacy Policy, available in the app.

4. Use of the Platform, Prime Membership & More

4.1 B&B Connect acts solely as an intermediary that provides services through a Platform. The Influencer, through the Platform, may participate in initiatives (the "Campaign/s") disseminated by the proposing brand or agency (the "Brand"), according to the terms set forth in Point 5.

4.2 B&B Connect offers prime membership at a minimal cost. There are 2-3 different plans provided in the app with different features & validity. Once paid, the amount is non-refundable for Prime Membership. B&B connect offers customer care service 11 am -6 pm every Monday – Saturday for any prime service related issue.

4.3 B&B Connect offers details of various categories like photographers, salons, makeup artists, photoshoot locations. These details are all provided by the various companies and organisation by filling forms or sending details through mail, sms, whatsapp, etc. B&B connect is not responsible for any wrong details, though B&B connect team updates every 10 days with the details.

4.4 Point 4.3 mentions about the categories, and this brings in to notice that if Influencer calls the category details, it is on the category and the influencer to tie-up. B&B connect is not responsible for any non-available category.

5. Participation in Campaigns

5.1 Participation in Campaigns is subject to campaign posted by the proposing Brand. The selection of Influencers for a Campaign from a Brand is solely based on the Influencer’s profile and their degree of influence on the topic/s of interest for such Brand. The brand may, at their sole discretion, accept or refuse the Influencers.

5.2 Participation in a Campaign is governed by a document issued by the proposing Brand in the Campaign Details page of B&B Connect app, which defines the conditions and rules for participation (the "Brief").

5.3 The Influencer acknowledges and agrees that the granting of the products/commercials for participating in a Campaign is subject to the full respect of any condition set by the Brand in the relevant Brief, as well as to the online maintenance of the content published for the entire duration of the Campaign and for the 3 (three) months following the end of such Campaign, unless this three month period is extended by the proposing Brand.

5.4 The Influencer, in posting content for a Campaign, also acknowledges and agrees not to publish, for at least two days following its publication, any other content on topics, goods or services similar to those created for the Campaign and, for at least four hours following its publication not to publish any other type of content.

5.5 With reference to content created for a Campaign, the Influencer acknowledges and agrees that the Brand, at its sole discretion, can request up to two amendments or changes to each piece of content at any time prior to its publication and up to 48 hours post its publication.

5.6 At the end of a Campaign, the Brand shall be entitled to communicate to the Influencer any breach to the conditions and rules set out in the Brief and, consequently, shall inform B&B Connect of such breach so as to deny any future campaigns.

6. Obligations and Responsibilities of the Influencer

6.1 The Influencer confirms to have read the guidelines for the use of the Platform. Should the Influencer be afforded use of the services which enable the distribution of content through the Platform, the Influencer agrees not publish any content in infringement of the law or of the rights of any third party. Particularly, the Influencer must have any and all intellectual property rights for each piece of content published (for example, text, images, photographs and audio-visual material), including such cases where content was acquired from a third party in accordance with applicable regulations, as well as all necessary permits in accordance with current data protection regulations. The Influencer shall also undertake not to publish through the Platform any defamatory, offensive, or illegal material that encourages or may encourage any third party to participate in illegal conduct and/or criminal and/or civil liability.

6.2 The Influencer shall commit to maintain the confidentiality of any and all information regarding Campaign/s promoted through the Platform. Notably, should an Influencer decide not to participate in a Campaign proposed by a Brand, that Influencer shall not disclose information about the existence of such a Campaign and/or about the conditions and rules for participation.

6.3 Any failure in respecting the conditions as set in above Point 6.1 and Point 6.2 will result in the denial of the B&B Connect features potentially due for the Campaign, as well as the application of one or more of the following penalties: 1) permanent revocation of Verified Influencer status (Section 2); 2) the inability to participate in any further Campaigns for a period of between three and five months immediately after the failure to comply. Finally, any breach to the conditions set out in Point 6.2 shall also entitle the Brand potentially damaged by such a breach to legally prosecute the Influencer and claim for any damages incurred;

6.4 The Influencer acknowledges and agrees that any product and/or goods supplied by the Brand for a Campaign shall be used exclusively in the manner and for the purposes specified in the Brief and, if so required in the Brief, to return them at the end of the Campaign. In instances where products and/or goods supplied are not returned, the Influencer shall be liable for the market or nominal value of such products or goods.

6.5 The Influencer shall indemnify and keep indemnified B&B Connect from and against any and all proceedings, claims, fines, damages, losses, costs, expenses (including legal costs and expenses) and liabilities which B&B Connect may incur or sustain arising directly or indirectly from the use of the Platform and/or publication of any content by the Influencer or any third party using the platform through their Login details.

7. Intellectual Property

7.1 B&B Connect owns all intellectual property rights to each component of the Platform [e.g. text, images, videos, software etc.] made available to the Influencer. Any reproduction, duplication, copying, selling, reselling or exploiting for any commercial purpose is prohibited except where expressly authorised by B&B Connect.

 

7.2 By participating in a Campaign, The Influencer shall grant B&B Connect an exclusive and perpetual licence, without any territorial limitation, to use in any form any and all content published and/or created by the Influencer for the Campaign (for example, content published for a Campaign through the Influencer’s social media account or owned sites), with explicit rights given to B&B Connect to grant the Brand with such license. However, the Influencer shall still be entitled to use any and all content as mentioned above for use allowed by the Campaign they have been published or created for. Such license is to be considered fully remunerated by the granting of B&B Connect products or any other form of remuneration to the Influencer potentially agreed.

8. Warranties and Limitations of Liability

8.1 B&B Connect will make every reasonable effort to provide the Influencer with continuous access, without interruption, to the content and services offered through the Platform but shall not, under any circumstances, be held responsible if one or more of its services or content is temporarily inaccessible to the Influencer. By way of example, B&B Connect shall not be liable for any interruption of its services occurring by reason of force majeure or malfunctioning of services due to telephone lines or electricity network failure.

8.2 Furthermore, B&B Connect shall not be responsible for any potential damage suffered, directly or indirectly, by the Influencer or by third parties who use the Platform.

8.3 B&B Connect is also not responsible for the verification of data, news, information, and, in general, for the content of the material distributed through the Platform, the reliability and security of such content and widespread links by third parties and for the use of such data and content by the Influencer. Specifically, the parties mutually agree that the Influencer is, and shall be solely and exclusively responsible for the use of data, news, information, and for any material distributed through the Platform.

8.4 B&B Connect does not guarantee that an Influencer will take part in Campaigns published by Brands and shall not, in any way, be held responsible for the failure of an Influencer to be engaged by a Campaign.

8.5 B&B Connect shall not be held responsible for the content of Campaigns and the rules of participation defined by the Brands, nor for the revocation or denial of products/commercials requested by the Brands.

 

9. Suspension of Services and Immediate Termination of the Contract

9.1 The Influencer acknowledges and agrees that, in the case of a breach of these TOS, B&B Connect may, at its absolute and sole discretion, suspend access to any and/or all services provided by the Platform by means of an email sent to the Influencer’s email address to communicate such suspension without prior notice.

9.2 Furthermore, B&B Connect, in the case of a serious violation of the TOS by the Influencer, may, at its absolute and sole discretion, bring this contract to immediate termination by means of an email sent to the Influencer’s email address to communicate such termination without prior notice.

9.3 However, in no case shall B&B Connect be held responsible for any damage arising from the suspension, interruption or immediate termination of services.

10. Severance

10.1 If any undertaking or other provision in this TOS shall be held to be illegal or unenforceable in whole or in part under any enactment of rule of law, such undertaking or other provision or part thereof shall, to that extent, be deemed not to form part of this TOS but the enforceability of the remainder of the undertakings and other provisions of this TOS shall not be affected;

11. Applicable Law

11.1 These TOS shall be governed by and construed in accordance with the law of Delhi, India.

11.2 The parties irrevocably agree that the courts of Delhi, India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these TOS, and for those purposes irrevocably submit all disputes to the jurisdiction of the Indian courts.