Terms Of Use

These Terms of Use are between Anom Tech LLP, a limited liability partnership incorporated and registered under the Limited Liability Partnership Act, 2008 (“LLP”),  that inter-alia created, conceptualized, owns and/or controls the digital platform ‘Fankind’ (“Fankind”, “Platform”, “we”, “us”, “our”) and you, a valued consumer and the end user of Fankind (“User”, “you”, “your”, “yourself”). This document containing the Terms of Use and any documents referred to hereunder (collectively, “Terms”) is issued for Fankind on behalf of ANOM TECH LLP, so when we mention “Fankind”, “Platform”, “we”, “us” or “our” in these Terms, we are referring to the above-mentioned technology platform and website controlled and operated by ANOM TECH LLP, the legal entity responsible for collecting and processing your data. These Terms govern the services including but not limited to offering specially curated celebrity experiences with an aim to help raise donations for non-profit organizations in India and such other features/offerings as may be developed from time to time (“Services”), provided to you by the LLP through its website [www.fankind.org] (“Site”).

By accessing the Platform and/or by clicking “I agree”, you agree to be bound by these Terms and will be bound under the applicable laws and rules thereunder and the amended provisions of the same, by an electronic agreement constituting an electronic contract (“Agreement”), as per the provisions of the Information Technology Act, 2000, between you and the LLP in relation to your use of the Services provided by Fankind. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms for access or usage of the Platform accessible at [www.fankind.org].


ACCEPTANCE OF TERMS

By accessing or using the Platform and/or making an account and/or uploading any data and/or accessing any Services offered on the Platforms, you represent that you have read the Terms, Privacy Policy and the Additional Terms (as defined herein) for each Campaign (as defined herein) and agree to be bound by the same and all terms incorporated by reference. If you do not agree with all of the requirements and restrictions described herein, you shall not use or be entitled to use and/or access the Platform and/or any of our Services.

By agreeing to these Terms, you also agree to our Privacy Policy and/or such other policies as may be established or introduced by Fankind from time to time. If you do not wish to be bound by any of these Terms or the Privacy Policy, you may not use the Services and any use of the Services in that regard would be considered as unauthorized.

You hereby represent and warrant that you are at least 18 (eighteen) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the Terms stated herein. While individuals under the age of 18 (eighteen) may utilize the Services, they may do so only with the involvement of a parent or legal guardian, and otherwise subject to these Terms and agree to comply with all local rules regarding online conduct under all applicable laws regarding the transmission of technical data. Further, you represent and warrant that you are a resident of India. If you do not agree with all of the use requirements and restrictions described herein, we request you to not use and/or access the Platform or Our Services.

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Fankind. By agreeing to these Terms, you also agree to our Privacy Policy and/or such other policies as may be established or introduced by Fankind from time to time.


SERVICES

Fankind aims to help raise funds for the Designated Charity (defined hereinbelow) by providing a technology Platform which allows them to connect with Users and donors. The Platform provides an opportunity for once-in-a-lifetime experiences allowing fans, celebrities and charities to come together to create magical experiences and memories that work towards the greater good (“Campaign”). Through such Campaigns, we help to raise funds for the charitable organization designated for that Campaign (“Designated Charity”). We also provide the qualifying and selected Users, opportunities for an Experience with a Celebrity (defined hereinafter) that Users, on a general basis, do not have access to (“Celebrity Experience”). A “Celebrity” herein, shall mean a person who is well known amongst the Indian population and who is willing to contribute and take part in a Celebrity Experience via the Platform. Each Campaign shall contain details of the Designated Charity, such as tentative dates of the Celebrity Experience, potential celebrities names and additional applicable terms and rules, if any (all of which may be subject to change at the sole discretion of Fankind). You can opt to use all our Services such as view the various Campaigns and make Donations (as defined herein below) either as a guest user, i.e., without registering yourself as an account holder or by registering your account on the Platform (“Account”). By choosing to register an Account, you will have the benefit of, inter-alia, continued access directly on our Platform, to the complete transaction history you have been a part of. You can qualify to participate in any Campaign by donating a minimum of INR 210/- (Rupees Two Hundred and Ten Only) or more to the Designated Charity part of the Campaign, through a third party platform (“Donation/Donations”), which as per our current external agreements is Give Foundation and the platform operated by Give Foundation, at https://www.giveindia.org (“GiveIndia”). All Donations facilitated by the Platform are directly credited to GiveIndia’s bank account, which then transfers the Donations to the Designated Charity after the closure of the Campaign, by the 15th (fifteenth) day of the month falling subsequent to the closure of the Campaign in question. Fankind does not derive any benefit from such Donations, as these are for the benefit of the Designated Charity. By agreeing to these Terms and making Donations, you agree to the terms of use and policies displayed on the GiveIndia platform https://www.giveindia.org. For the purpose of clarity, you do not have to be the highest donor in order to qualify to be selected in the Campaign. In the event that you are selected, we shall organize and facilitate the execution of the Celebrity Experience.

For the purpose of efficient execution of the Celebrity Experience, we charge an amount of Rs.90/- (Rupees Ninety Only) in consideration of the Services, and facilities which we provide either through ourselves or a third party, including but not limited to transport and accommodation, payment processing fees paid, taxes etc (“Entry Fee”). Please note, the Entry Fee is not a Donation and you will not be provided with any tax exemption certificate in respect of the same. Further information regarding these Services will be provided to you in the event you are a Candidate (as defined herein below) selected in the Campaign. Our invoice for the Entry Fee will be available for download from the transaction history page of the User’s Account (for Account holders), within 24 hours of the transaction.

Once again, it should be clearly understood that no part of the Donation(s) made by you is/are to be construed as being towards the Entry Fee and/or as being a consideration for our Services


APPLICABILITY OF THESE TERMS

Your access to, and use of, the Services is conditioned on your compliance with these Terms. By registering an Account as a User and/or accessing and/or using the Services, the Platform, or any portion of the Services or the Platform. Additional terms and conditions applicable to specific areas of the Platform or to particular transactions, including our Privacy Policy, are also posted in particular areas of the Platform and, together with these general Terms, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are rested to kindly discontinue your access or your use of those areas of the Platform.


CHANGES TO TERMS OF USE

Fankind reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any changes or modification will be effective immediately and you waive any right you may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement but accepting such a changed/modified Agreement is essential and required for you to continue using the Platform. You may have to click “accept” or “agree” to show your acceptance of any changes/modifications made to this Agreement. In the event that you are not required to expressly click any such “accept” or “agree” option, your continued use of this Platform following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you agree that you will periodically review this Agreement from time-to-time to understand the Terms that apply to your use of the Platform. If you do not agree to Terms or to any changed/amended/modified version of these Terms, your sole recourse is to terminate your use of the Platform. Except as otherwise expressly stated, any use of the Platform is subject to the version of this Agreement in effect at the time of use.


ELIGIBILITY & USER ACCOUNTS

When you make Donations through the Platform, you shall be required to provide us with certain information, such as, your name, email address, password, phone numbers, and certain other information which will be collected by us (collectively “Account Information”), and is more specifically dealt with hereinafter. We reserve the right to deny Services, refuse registration of, or to cancel a User’s Account, in our sole discretion, without providing any reason or notice to such User.

You agree, acknowledge, confirm and undertake that you shall, at all times while using the Services and/or the Platform, adhere to any and all prevalent rules, regulations and/or laws that are applicable to you on account of your activities on the Platform. You further agree that the Account Information that you provide to us, at all times, including during registration, will be true, accurate, current, and complete, and you shall, at all times, be solely responsible for the accuracy and/or completeness of the same. Your email address and any other information that you choose to provide about yourself will be treated in accordance with our Privacy Policy. You are further solely responsible for keeping your Account Information and any other information and/or content provided by you to us, up-to-date at all times. You may not transfer or share your Account password with anyone, or create more than one valid and existing Account. You shall not use the email address or user name of another person with the intent to impersonate that person. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Fankind reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and your Account Information. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform, your use of the Account Information or your release of the Account Information to a third party. You further agree and confirm that you shall not use any other User’s account at any time. In the event your Account and/or Account Information is compromised due to unauthorized acts of third parties, and you are aware of such unauthorized access, you agree to immediately contact our Grievance Officer at [email protected].

In addition to registering through the Services, you can also log in to the Services through a third-party social media service and platforms that you have access to, such as Facebook or Google account. By logging in to Services through these social media services, you grant us permission to access and use the information that you post or store on such social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to your Account, and to store the user name and password you use to log-in to such social media service. For more details on how you can manage the information provided to us by these social media services, please review the privacy settings applicable to your account on such social media service.

You are required to provide certain information to us, in order to complete your Account creation on the Platform and/or make use of the Services by way of making a Donation through the Platform including, but not limited to:

  • First Name
  • Last Name
  • Date of Birth
  • Gender
  • Email ID
  • Mobile Number
  • Password (encrypted)
  • Permanent Account Number (PAN)
  • User address (as per GSTIN, if registered), else, your usual place of residence
  • Citizenship
  • GSTIN

You hereby expressly agree, confirm and undertake that the information provided by you to us including, but not limited to your Account Information as mentioned hereinabove, shall be true and accurate in its entirety, to the best of your knowledge. You acknowledge and confirm that we have no way of ascertaining and verifying the accuracy of the information provided by you and that we are completely relying on your representations made to us in this regard. In the event that false or incorrect data is entered by you, we reserve the right to immediately terminate your Account, and/or withhold or cancel any Celebrity Experience that you have been selected for as a part of the Campaign.

We may, with or without prior notice, suspend or terminate your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of this Agreement or infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate your Account at any time as described in the Termination clause below.


CAMPAIGNS/ EXPERIENCES

The start and end date for each Campaign is listed on the experience page. Unless otherwise specified, we usually start campaigns at 12:00:01 A.M. IST on the start date and end at 11:59:59 P.M. IST on the end date. In addition to these Terms, you would additionally be subject to the terms and conditions of each Campaign that may be relevant to you (“Additional Terms”). The Additional Terms for each Campaign will be made available at the relevant Campaign page. Please visit the page of the Campaign you have selected and carefully review the Additional Terms. Such Additional Terms form an essential part of these Terms and your consent to these Terms will signify your consent to the relevant Additional Terms.    


CELEBRITY EXPERIENCES

A Celebrity Experience constitutes of experiences, activities, or interactions including in-person experiences, activities, or interactions and virtual experiences, activities, or interactions, offered by the Celebrity via the Services.

Candidate Selection

The potential candidate who shall take part in the Celebrity Experience (“Candidate”) will be selected using the automated third party draw service offered by www.random.org on their platform, within 7 (seven) working days of the campaign ending on the Platform. Only one Candidate for Campaign shall be selected unless otherwise stated in the rules of the individual Campaign. 

Subsequent to the selection of the Candidate, we will get in touch with the Candidate by email or phone, to initiate a background check. If we cannot get in touch with you via the email and phone number provided at the time of participation, we will then move on to pick another Candidate for the campaign. The Candidate and, if applicable, their guest agree to co-operate fully with Fankind in order for us to conduct any background check(s), which includes providing information requested including, but not limited to, full legal names addresses, family background etc. In the event the background check reveals that the Candidate or the potential Candidate’s guest(s) are not eligible due to reasons arising out the background check, we may disqualify the said Candidate and move on to the next randomly drawn Candidate. Pending a positive outcome of the confirmation process, Fankind will notify the Candidate via email and/or phone. The Candidate must respond within the time period designated in the notification, or we may to proceed to select another randomly drawn potential Candidate.

Only subsequent to the completion of a positive background check will the Candidate be a confirmed Candidate of the relevant Celebrity Experience (“Confirmed Candidate”). The Candidate will be notified via phone/email of an outcome within 25 days of first contact / receiving all information needed to begin the background check.

Unless otherwise stated in the Campaign, the Confirmed Candidate will be allowed to bring one (1) guest/travel companion with them to the Celebrity Experience. Such a guest is of the Candidate’s choosing, and does not have to be a familial relationship.

The Confirmed Candidate & the travel companion are also required to sign a liability/publicity release and other documents prior to issuance of tickets. In the event, you do not agree to sign the said documents, we may at our own discretion remove you as the Confirmed Candidate and proceed to select another Candidate.

Additionally, travel companion/guests of the Candidate may be subject to a background check, which may impact their ability to participate in the Celebrity Experience, at our sole discretion. If you or your guest are, in our opinion not fit to take part in the Celebrity Experience, we may without assigning any reason to you and/or your guest, remove you as the Confirmed Candidate and move on to the next randomly drawn Candidate. The confirmation of the travel companion/guest of the Confirmed Candidate shall be subject to successful scrutiny and approval by us. 

Timeframe for Candidate selection

The name of the Candidate shall be picked within 7 days of the Campaign ending subsequent to which the potential Candidate is notified. Fankind then gathers all the information needed to begin and conduct the necessary background check(s), the results of which shall be communicated to the Candidate, within 25 days of the commencement of the background check. The findings of the background check shall be notified to the Candidate and should the Candidate have cleared the background check, such person shall be declared as the Confirmed Candidate. Once the Confirmed Candidate is informed personally, we will send out a candidate announcement email notification to everyone who took part in the Campaign, and mention the name of the Confirmed Candidate on our Site.

Subject to the change in dates and times at our sole discretion, each Celebrity Experience will be scheduled to take place approximately within 60 (sixty) days of the Confirmed Candidate being selected.

You affirm your awareness of the fact that the Celebrity has agreed to provide a wonderful Celebrity Experience despite their extremely busy work schedule solely out of their good faith and their compassion to help the Designated Charity. Thereby, you agree and affirm that you shall ensure your availability for the Celebrity Experience on the date and time provided in the Campaign or personally to your over e-mail/phone, and in the event of your unavailability on such date and such time, you further agree to inform us of such unavailability immediately without being entitled to any compensation for your failure to avail the Celebrity Experience.

You acknowledge and understand that Fankind acts only as a facilitator and has no control over the merchantability of the Celebrity Experience. You agree that your expectation of the quality of the Celebrity Experience is completely subjective and hence, we shall not be liable to you, in any manner whatsoever, in the event that the same is not met with.

In the case of a Celebrity Experience involving the sale of alcoholic beverages, the entity offering the experience is the alcoholic beverage licensee who is offering alcoholic beverages for sale. In the event of such Celebrity Experiences, you shall ensure that you are of legal age and we bear no responsibility to verify the age provided by you on the Platform and if it comes to our knowledge that you are not of the permissible legal age then Fankind reserves all rights to terminate the execution of such Celebrity Experience.

We reserve the right to delay delivery of any documents and/or information related to a Celebrity Experience to the Candidate/Confirmed Candidate if we, in our sole discretion, believe that the Candidate or the Confirmed Candidate (as the case may be) may have violated these Terms. We will conduct our investigation as expeditiously as possible and notify the Candidate or Confirmed Candidate of the results thereof. Notwithstanding any other provision herein, if we determine at our sole discretion that there has been a material violation by the Candidate or Confirmed Candidate, we may terminate the Candidate’s or the Confirmed Candidate’s participation without providing any notice to the Candidate.

You understand that a Celebrity Experience can be disrupted and/or discontinued without notice at any time, and with no refund to you, should the Celebrity become uncomfortable with the conversation or interaction for any reason. We do not permit reporters or other members of the media to participate in  Celebrity Experiences with our Celebrities for the purpose of conducting an interview for broadcast or publication unless expressly approved by us and the Celebrity in advance. If the Celebrity determines that you are in fact attempting to conduct an interview or review for broadcast or publication, she or he is fully within their rights to terminate the Celebrity Experience and you will not receive any compensation for such early termination. If your Celebrity Experience is disrupted or discontinued due to no act and/or omission of yours, please contact our team, and we shall try to assist you by rescheduling the Celebrity Experience, if possible. However, you understand that such rescheduling attempts shall be made only out of our good faith and agree that Fankind is not obligated to do so. Furthermore, you agree that in the event of failure of such attempts, you shall not be entitled to any compensation with regards to the same. We are not liable for any loss of life, injuries of any kind, arising out of but not limited to an accident, attempted robbery or any unforeseeable natural disaster, during the course of the Celebrity Experience.

By agreeing to/ accepting being chosen as the Candidate of a Celebrity Experience, you agree that we can use your name, complete address, photograph, voice and/or other likeness and information that you provide to us or which we already have in our possession. Further, by accepting being chosen as the Confirmed Candidate, you also accept in the good interest of the Celebrity and the Platform, you further acknowledge that your actual participation to the Celebrity Experience shall be subject to your agreeing to certain confidentiality obligations you may have to enter into with Fankind and or third parties, by way of and including but not limited to a confidentiality agreement and Release and Waiver Agreements.


DONATIONS

Each Campaign provides you with an opportunity to support the featured non-profit and charitable causes i.e., the Designated Charities, by making a Donation. Your Donation(s) is/are directly credited to Give Foundation, who are responsible for remitting the Donations to the Designated Charities.  

The Designated Charities are required to have complied with all applicable laws, rules and regulations. In the event that you need a duplicate or replacement receipt of your Donations, you can contact us at [email protected] Except in the event of fraud and a valid chargeback by a credit card issuer, all Donations are non-refundable.

The Donation details and the certificate issued under Income Tax Act, 1961, section 80G, will be shared with you by Give Foundation via email within 24 hours of the transaction, i.e., Donation, taking place.


BONUS ENTRIES AND REFERRAL PROGRAM

Bonus Entries:

On purchase of 4 entries for Rs.360/- (Rupees Three Hundred Sixty Only), where each entry is equivalent to the value of the Entry Fee, i.e., Rs. 90 (Rupees Ninety Only) or higher on our Site, the User may automatically get entitled to receive free bonus entries (“Bonus Entries”) i.e. without payment of any entry fee. Bonus Entries will help a User by increasing his/her chances of being selected as a Confirmed Candidate.

For further information on Bonus Entries and how to avail such Bonus Entries, please visit the Campaign page of your interest. Please note, the grant of Bonus Entries is solely at our discretion and that it is not a matter of right of the User to get Bonus Entries and that we may change the rules for Bonus Entries for each Campaign, so please be sure to visit the respective Campaign page of your choice and review the specific terms thereof, before making Donations.

Referral Program (Invite & Earn) –

The Referral Program (Invite & Earn) is a feature of our Services which allows Users and the individuals who are referred by Users (“Referred Individual”) to earn free Fankind entries, which in turn would help the User and the Referred Individual in being selected as the Confirmed Candidate when the accrued referral entries are redeemed. 

For further information on Referral Program (Invite & Earn), please visit the Invite and Earn section in your Account. Please note, the grant of such free Fankind entries are solely at our discretion and that it is not a matter of right of the User to get such entries and that we may change the rules for Referral Program (Invite & Earn) for each Campaign.


REFUNDS, RETURNS, AND EXCHANGES

Your donation supports an extraordinary cause, and qualifies you to be selected for a ‘once-in-a- lifetime experience’. It goes directly to the Designated Charity and helps them create a real impact and thus, no refunds are granted once a Donation has been made. All demands for refunds may be entertained by the relevant payments banks and/or payment gateway and/or other third party partners whose services you may have used while making Donations, as per their relevant policies. However, Fankind cannot and shall not process/entertain any such refund request.


THIRD-PARTY PRODUCTS

Third party services including but not limited to the Celebrity Experience, content, information and products may be made available by us on or through the Site including but not limited to the certificates issued under Section 80 G of the Income Tax Act, 1961 (“Third Party Products”). Third Party Products are provided by us solely for your convenience and we make no representations or warranties regarding any Third Party Products and takes no responsibility and assume no liability for any Third Party Products or any merchantability of the same. Third Party Products are subject to the applicable terms and policies of the third parties that offer them. Furthermore, the Site may contain links to websites operated by other parties. We provide these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under our control, and we are not responsible for the content available on the other sites. Such links do not imply our endorsement of information or material on any other site and Fankind disclaims all liability with regard to your access to and use of such linked websites. You acknowledge that you may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to our linking policy as shall be intimated to you.


YOUR ROLE AND RESPONSIBILITIES

You represent that you shall not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Site or any servers or networks connected to the Platform, or collect or store personal data about other Users or any other information provided on the Platform.  

You agree that you will not engage in any of the following while using or accessing the Services on the Fankind Site and/or Fankind’s social media pages:

  • Upload, post, email or otherwise transmit any Content (as defined hereunder) to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content);
  • Upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
  • Use the Services to collect or store personal data about other Users and/or third parties without their express permission;
  • Knowingly include or use any false or inaccurate information in your Account;
  • Upload, post, email or otherwise transmit any form of viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other User to the Services;
  • Circumvent, disable, or otherwise interfere or attempt to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
  • Circumvent, disable, or otherwise interfere or attempt to circumvent, disable, or otherwise interfere with any mechanism in order to determine the Candidate of any Campaign.
  • Use any meta tags or other hidden text or metadata utilizing a Fankind name, trademark, URL or product name;
  • Attempt to probe, scan or test the vulnerability of any Fankind system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
  • Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
  • Perform any unsolicited commercial communication not permitted by applicable law;
  • Commit any act/omission that constitutes harassment or a violation of privacy or threatens other people or groups of people;
  • Commit any act/omission that constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias);
  • Use your account for the purpose of making a competitive assessment of our Services or incorporating any information or other Content from the Services into any service you offer to third-parties;
  • Recruit or otherwise solicit any Celebrity or other User with an Account on the Platform to join third-party services or websites that are competitive to the Services, without our prior written approval;
  • “Stalk” or harass any other User of the` Services; mistreat any of Our employees, Celebrities, guests, and other parties with actions including, but not limited to, using abusive language in writing or by telephone;
  • Use any autonomous program on a network including but not limited to a ‘bot’, in order to carry out any of the acts mentioned in this Clause 12 or any other act(s) that prejudice the interests of the Platform.

Whilst we use reasonable endeavours to correct any errors or omissions on the Platform as soon as practicable once they have been brought to our attention, we make no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Services provided and the Platform or any part or parts thereof, any Content, or any linked services or other external services. Although, we will make all reasonable efforts to ensure that you have a smooth and hassle-free experience, we do not warrant that your use of the Platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Platform or any part or parts thereof, the Content, or the servers on which the Platform operates are or will be free of viruses or other harmful components. Further, we do not warrant that any transmission of Content and/or Content uploaded to the Platform will be secure or that any elements of the Platform designed to prevent unauthorized access, sharing or downloading of any User’s information will be effective in any and all cases. Further, you acknowledge that we may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any user-generated Content and/or any Content available on third party websites including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service. Fankind and the LLP, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically, disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement or merchantability of the Services provided through the Platform by third party(ies).


REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY

You represent and warrant that you will:

  • comply with all of your wireless carrier's terms and conditions;
  • not breach any of the Terms set forth in this Agreement;
  • provide accurate and truthful information relating to your Account Information that you provide to the Platform; and
  • no information you upload to the Platforms shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).

In addition to the above, you agree, acknowledge and confirm the following:

  • The Platform will only act as a facilitator and assume no responsibility and/ or liability in relation to any activities undertaken by you, any another User or any third party(ies) and/or any losses attributable to the Services offered through the Platform;
  • You take full responsibility for ensuring that the information submitted by you is accurate and neither the LLP nor Fankind shall take any effort to validate any information provided by you for using the Services with respect to its content, correctness or usability. We, with an intention to provide the best services possible, may ask you to share more information as and when needed;
  • Fankind and the LLP (including its partners, officers and/or employees) accepts no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Platform;
  • Fankind makes no warranty that the Services will meet your requirements and/or expectations, or that the Service(s) will be uninterrupted, timely, secure, or error-free. This includes loss of data or any service interruption caused by Fankind’s employees. Fankind shall not be responsible for transmission errors and/or corruption of data, if at all any;
  • The Platform is for personal use and you shall not be entitled to use the same for commercial purposes;
  • The Platform and/or the Services and/or the information thereon shall not be used for any illegal purposes whatsoever. You are not entitled to access our networks, computers and/or the information and/or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment of our Platform and/or Services and/or the information thereon. You may not attempt to gain unauthorized access to any information and/or Services, other accounts, computer systems, or networks connected with the Platform and/or Services and/or information. You may not use any automated means (such as a scraper) to access the Platforms and/or the information and/or the Services for any purpose whatsoever. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Fankind Account. Any attempt by any individual or entity to solicit login information of any other user and/or third party(ies) or to access any such account, shall be an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices;
  • Your right to use the Services is not transferable;
  • We do not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by any third party through the Application.
  • We may, at its sole discretion, suspend your ability to use or access the Services at any time while we investigate complaints or alleged violations of these Terms, or for any other reason.
  • The Donation(s) are made by you out of your own free will and Fankind is not liable if you are not selected for the Celebrity Experience that is associated with a particular Campaign.

Fankind expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the Platform and/or the Campaigns.

You agree to indemnify and hold Fankind, the Designated Charity, Fankind’s licensors and affiliates, the Designated Charity’s licensors and affiliates and our respective partners, officers, employees, contractors, agents and representatives harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against us or our related parties, with respect to your access to and/or use of the Services, the Platform, or the Content relating to:

  • Your violation of any of the provisions of the Terms;
  • Your violation of any rules, regulations, acts and/or laws that are in force or that may come into force from time to time;
  • Any activity related to your Account by you or any other person accessing the Platform or Services through your Account, including, without limitation, negligent or wrongful conduct; or
  • Your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree, undertake and confirm to cooperate with us in asserting any available defenses.


PRIVACY

When you use the Services via the Platform, we will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available here.

If you are the Confirmed Candidate, we may request permission for Fankind, the Celebrity, the Designated Charity, and their designees to use your name, address (city and state), photograph, voice and/or other likeness for advertising, trade and promotional purposes without any further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law.


TERMINATION

We reserve the right, in the event you breach the Terms stipulated herein, to suspend and/or terminate your access to the Platform, with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Platform.

Without prejudice to the foregoing, we may also terminate or suspend (temporarily or permanently) all or a portion of your account or access to the Services, with or without any reason. Except as may be set forth in any of the Terms applicable to a particular Service, termination of your account may include: (a) removal of access to all offerings within the Platform or with respect to the Services; (b) barring you from further use or access of the Platform or of any of the Services; and (c) forfeiture of your participation in any Campaign pending the announcement of the Candidate at the time of such termination.

Once terminated or suspended (temporarily or permanently), you shall not be entitled to continue to use the Platform under the same Account, a different Account or re-register under a new Account and your right to procure the Services on the Platform shall immediately cease and we reserve the right to remove or delete your information that is available with us, including, but not limited to, your login and Account Information. Upon termination or suspension of these Terms, we shall have no obligation to maintain or provide any of your data and may thereafter, unless legally prohibited, delete all your data in its systems or otherwise in its possession or under its control, including but not limited to your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside your account (or any part thereof).

We reserve the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your account from the Platform and/or modification of your ability to access the Services upon any breach by you of these Terms or if we are unable to verify or authenticate any information that you submit to us and/or the Platform, or if you fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for us to be able to provide/offer the Services on the Platform to you. The right to terminate/suspend the account is in addition to, and without prejudice to, our right to initiate action against you in accordance with applicable law.

Any suspension, termination, or cancellation will not affect your obligations to us under the Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of clause 13 (Representation, Warranties, Undertakings and Indemnity), clause 16 (Ownership of Intellectual Property Rights), clause 19 (Disclaimer of Warranties), clause 20 (Limitation of Liability), and clause 21 (Applicable Law and Dispute Settlement) shall survive and remain in full force and effect, but the provisions of clause 17 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.

Notwithstanding any such termination/suspension, we may, at our sole discretion, retain such information collected from you through the Platform and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.


OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Services, the Platform, and all information and/or content that you see, hear, or otherwise experience on the Platform (collectively, “Content”) are protected by the Indian and International copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to Fankind, its designated partners, the Services, the Platform, and the Content including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, or proprietary or confidential information, and whether or not they happen to be registered. You will not acquire any intellectual property rights in the Platform by your use of the Services or the Platform.

For the sake of brevity, it is expressly clarified herein that any and all Content on the Platform shall belong solely and exclusively with Fankind. Copying any such protected Content from the Platform for any purpose, whether commercial or otherwise, shall be a violation of Fankind’s intellectual property rights and we reserve all our rights and remedies in law in relation to such violation.


YOUR LICENSE TO USE THE SERVICES

When you use Our Services or the Platform, you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license, without the right to sub-license, to access and use the Services and to download and print any Content provided by us solely for your personal purposes. you may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in the Terms, without our express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fankind or its licensors, except for the licenses and rights expressly granted in the Terms.


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Platforms or in the Services that contains typographical errors, inaccuracies or omissions that may relate to promotions, offers, dates, timings and availability (“Errors”). We reserve the right to correct any such Errors and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree and confirm that we shall not be held liable for any damages or losses that may arise due to such errors, inaccuracies and/or omissions.


DISCLAIMER OF WARRANTY

The Platforms and any Content therein are provided "as is", and we do not represent or warrant that the Platform will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free or will operate without data loss, nor do We warrant any particular quality of the web site, software or services. We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Platform and/or any part thereof or any Content whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all (a) warranties of merchantability, (b) warranties of suitability for any purpose (whether or not we know, we have reason to know, we have been advised or we are otherwise aware of any such purpose), (c) warranties of non-infringement or condition of title, and (d) warranties that the Platforms will operate without interruption or error. We shall also not be liable to you for any third-party services that are availed in the form of any kind of offers, promotions, coupons provided in lieu of the rewards accrued by you. You acknowledge and agree that you have relied on no warranties.

Fankind and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement and merchantability for a particular purpose. Fankind and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error free or that any errors will be corrected. No advice or information provided to you by Fankind will create any liability or warranty that is not expressly stated in these terms of service.

We reserve the right, in our sole discretion, to withdraw or halt any Campaign during its progress and/or remove, screen or edit any materials or content on the Site. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. Neither Fankind nor any of our affiliates will be liable to you, or any third party for any reason by our withdrawal of any Campaign. In the event that you are unable to avail the Celebrity Experience due to any reason including but not limited to our decision to refuse to process the transaction, we shall have the right to provide the Celebrity Experience to other Users. In all cases, our determination of a Candidate will be final.


LIMITATION OF LIABILITY

In no event will, we and/or our affiliates be liable to you and/or the third party(ies) for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services and/or the Platform and/or the Content, whether the damages are foreseeable, and/or whether or not we have been advised of the possibility of such damages in advance. If you are dissatisfied with the Services and/or the Platform and/or the Content, your sole and exclusive remedy is to discontinue using the Platform.

Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the Services and/or the Platform and/or the Content and/or our relationship with you, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.

We and/or our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of God, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.

Without limiting the generality of the foregoing, we may provide and/or make available and/or otherwise reproduce third party content and/or part thereof on the Platform and/or may provide links to web pages and content of third parties as part of the Services to those interested in such third party content. We do not monitor or have any control over any third-party content or third party web sites. We do not endorse or adopt any third party content and make no guarantee whatsoever as to its accuracy, reliability or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any third-party content. You use such third party content contained therein solely and entirely at your own risk.


APPLICABLE LAW AND JURSDICTION

Any dispute, claim or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Platform or the Services or information to which it gives access, shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, for any and all disputes arising under or in connection with this Agreement.


SEVERABILITY

Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.


FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy, edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.


GENERAL

  • Relationship of the Parties: You acknowledge and agree that nothing in this Agreement, including, but not limited to, registration with our Platform, constitutes an agency agreement or creates or acknowledges a principal-agent relationship between you and us or makes our partners, joint ventures or otherwise participants in a joint undertaking. Our relationship shall solely be one of a facilitator-consumer relationship.
  • Notices: Notices by you to us hereunder shall be invalid unless made in writing (fax or signed document) to the fax number or e-mail address listed on the Platform. Notices by us to you may be made in any manner we deem appropriate in our sole discretion.
  • Assignment and Delegation: You must not transfer your account or assign any of your rights or delegate any of your duties under this Agreement without our prior written approval. We may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
  • Confidentiality: You must keep any information you obtain relating to our software confidential and will not use such information for any purpose that is not specifically provided for in this Agreement or authorized by us in writing.
  • No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
  • Contact Information: If you have any questions about these Terms of Service or your account, you may contact us by email at [email protected]
  • Headings: The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.
  • Prevailing Language: The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

Registered office address of the LLP: “701, Raheja Orchid, Plot-47, Juhu Village, J. V. P. D. 9th Road, Mumbai 400049”.

Last updated on 31st July 2019.

Last Updated on 11th June 2019