TERMS AND CONDITIONS

Read, Agree, Enjoy Responsibly

These Terms are in addition to and not in derogation of any other terms stipulated by Creative India from time to time. In case of any conflict between these Terms and such other terms, these Terms shall prevail. Throughout these Terms, “ we ” and “ our ” shall refer to Creative India and “ you ” and “ your ” shall refer to you, i.e., the User (defined below) of the Platform. Both Creative India and the User are collectively referred to as “ Parties ” and individually referred to as “ Party ” hereof.

Notwithstanding anything contained elsewhere, Creative India reserves the right to modify, alter, amend, revise these Terms, update the Platform and Services at any time, without prior notice, to improve your experience on the Platform and on account of changes in Applicable Law. It is strongly recommended that you visit the Platform periodically to review the latest and updated version of the Terms. If you do not agree with any changes made by us, you may stop using the Platform and Services. Your continued access or use of the Platform or Services after such modifications/updation shall constitute your acceptance of the modifications/updation.

ACCEPTANCE

By accessing, signing-up and/or accepting or using the Platform or the Services in any manner whatsoever, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By accessing or using the Platform or Services, you represent that you have provided us with valid credentials which may be used to verify your identity. We reserve the right to restrict, suspend, or terminate your access to the Platform or Services, at any time without prior notice, if we believe that you are in breach of these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform. Creative India reserves the right to make your details available to its affiliates and partner institutions and you may be contacted by them for information and sales enquiries through e-mail, telephone and/or SMS. You agree to receive promotional materials and/or special offers from Creative India its affiliates and partner institutions. These promotional materials and/or special offers will be consent based and you will have the option to unsubscribe.

ELIGIBILITY

You shall register or become a User of the Platform or Services only if you are 18 years or above, and can enter into legally binding contracts as per Applicable Law. To access/use the Platform or Services, you need a valid e-mail address and Indian mobile phone number. Users who have been previously suspended or removed from availing any of the Services shall not be eligible to access/use the Platform or Services at any time. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity and you may not have more than one active Account (defined below).

DEFINITIONS
  • Usersshall mean and include individuals, body corporate, partnership, limited liability partnership, digi kendra, merchants, etc., who accessing the Platform and/or using the Services.
  • Service Providershall mean any banking and/or non-banking entity with which Creative India has, directly or indirectly, executed an agreement for facilitating transactions between such entity and its customers;
  • Servicesshall mean the services provided, either directly or indirectly, by Creative India and/or any Service Provider to the User including, but not limited to, access and use of the Platform, banking services, non-banking services and other such services;
  • KYC or Know Your Customershall mean the process prescribed under the Applicable Law to collect and authenticate a User’s personal or business identification details before offering Services to the User;
  • Intellectual Property shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms and applicable agreement, and includes without limitation.
    1. software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by Creative India,
    2. patents, copyrights, designs, trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Creative India during the course of its business and all depictions, derivations and representations, graphics, images, content, and the “look and feel” of all of the above (whether registered or not),
    3. all information, data or material in whatever form, whether tangible or not, provided by Creative India to the User on the Platform;
    4. all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or Services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever
  • Creative India Policies shall mean and include these Terms, Privacy Policy, Grievance Policy and any other terms and conditions/policies available and updated from time to time on the Platform.
  • Creative India Platform or Platformhall mean and include without limitation, Creative India’s websites or web applications including Creative India, with all its sub-domains and any other linked web pages, mobile applications (Android and iOS), mobile site services, API keys, features or content and other digital assets or properties developed, owned and operated by the Company, as the case may be, to facilitate the User to access and/or use the Services;
  • Effective Date or Registration Dateshall mean the date of registration of Account of the User on Creative India’s platform.
  • Confidential Informationshall mean and include any and all business, technical and financial information of Creative India or of any of its Affiliates that is related to any of the arrangements contemplated in these Terms or any other document in which these Terms are incorporated by reference or otherwise disclosed by Creative India to the User; any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property (defined below), marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary;
  • Chargebackhall mean and include reversal of any transaction made by Service Provider’s User on account of, including but not limited to:
    1. any alleged forgery of the User’s account, card or other details pertaining to the transaction;
    2. any charge/debit made on Account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
    3. duplicate processing of the transaction;
    4. any amount required to be refunded due to denial of a transaction by the User/valid card holder as wrongly charged payment/extra payment and/or due to fraudulent use/misuse of personal and financial information of the Service Provider’s User by any unauthorized person(s) and/or;
    5. any other reason as required/approved by the concerned banks, as the case may be;
  • Applicable Law hall mean and include
    1. ny law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental/regulatory authority having competent jurisdiction and force of law over, or applicable to you, Creative India or the subject matter in question, as may be amended from time to time.
    2. ny notification, circular, directive or other similar instructions issued by a financial sector regulator including but not limited to the Reserve Bank of India (“ RBI ”) and/or rules, regulations, roles, responsibilities and processes laid down by National Payments Corporation of India (“ NPCI ”) and other law enforcement agencies or regulatory authorities from time to time.
  • Accountshall have the same meaning as ascribed to it under of these Terms; “Affiliate” shall mean and include any individual, entity, firm, body corporate, which directly or indirectly, controls, is controlled by, or is under common control with Creative India;
INFORMATION SUPPLIED TO Creative India

Users agree that the information provided by the Users to Creative India on registration and at all other times, including payment, shall be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate or incomplete), or Creative India has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Creative India shall have the right to suspend or terminate your Account and/or refuse any and all current/future access/use of the Platform or Services or any portion thereof.

SECURITY OF ACCOUNT

Users’ mobile number, Permanent Account Number (“PAN”) and e-mail shall be used to identify their Account with Creative India through which Services shall be dispensed (“Account”). The User is recommended to choose a strong password and Personal Identification Number (“PIN”) to protect their Account. The User shall not share their password and PIN with anyone. Neither Creative India nor its Service Providers, under any circumstances, will ever ask for a User's Account password, PIN or OTP or any other Confidential Information. If a User has any reason to believe that his/her Account is no longer secure, the User shall immediately change the Account password and PIN. In case the User is unable to secure his/her Account or has sufficient reason to believe that his/her Account might be compromised, the User shall inform Creative India promptly.

RECLAIMING INACTIVE ACCOUNTS

Creative India reserves the right to reclaim an Account without any prior notice to the concerned User if the Account is found to be inactive. For the purpose of this clause, an Account is considered as inactive if the concerned User has not signed in and/or has not done any transaction(s) for more than six (6) consecutive months.

THIRD PARTY SITES, PRODUCTS AND SERVICES

Creative India’s Services and/or Platform may include links or references to third-party websites or services solely for User’s convenience . Creative India has no control over the Reference Sites and does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Correspondence or business dealings between Users and the concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk. You acknowledge and agree that Creative India shall not be liable, directly, or indirectly, for any loss or damage caused or alleged to be caused by your use of or reliance on any materials, products, and services on or available through Reference Sites. It is also clarified that Creative India shall have no liability with respect to any acts, omissions, errors, representations, warranties, breaches, or negligence of the Reference Sites or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Reference Sites.

  • To facilitate and streamline the process of recharging or making bill payments for contacts saved in your device. To display contact names associated with phone numbers when initiating transactions within the App. Google Play Services, Facebook
  • To give the User a safe, efficient, smooth and personalised experience while using our Website;
  • To improve our services and products;
  • To respond to your queries or complaints generally related to our services, etc;
  • To send promotional emails containing information about our existing and new products/services, newsletters, notify changes in this Policy or other policies etc;
  • To analyse the traffic on our Website and conduct market research regarding users’ demographics, interests, and behaviour;
  • To create new products and services;
  • To provide customer support services;
  • To detect, prevent and address error, fraud, criminal activity, abuse of our services and technical issues;
  • To enforce Terms of Conditions;
  • To provide co-branded services in affiliation with more than one corporate entity;
  • Other such lawful purposes as described at the time of collection of Personal Information or Sensitive personal data or information.
COMMUNICATION POLICY

Creative India may send transactional or non-transactional business communication in the form of SMS or email or push notifications as part of its efforts to fulfil your request or service your Account. A User may continue to receive transactional and critical communication from Creative India even after opting out of marketing communications. You expressly waive any registration or preference made under DND/NCPR list under applicable TRAI regulations.

Creative India will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from it during the course of, or in relation to, using the Platform or availing any Services. Creative India shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User shall not hold the Company liable for non-availability of any notification service in any manner whatsoever.

LIMITATION OF LIABILITY

In no event will Creative India or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or loss of goodwill, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) of any kind arising out of or relating to:

  • these Terms or any other agreement entered between the User and Creative India;
  • the Services, Platform, or Reference Sites;
  • User’s use or inability to use the Services, Platform, or any Reference Sites, even if Creative India or its authorized representative has advised of the possibility of such inaccessibility.
  • unauthorized access to or alterations or transmission of data, any material or data sent or received or not sent or received;
  • any transaction(s) entered into by any third person or conduct of any other third-party or any infringement of another’s intellectual property rights;
  • fraudulent electronic transactions;
  • It shall be at the sole discretion of Creative India to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that Creative India or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the Services or the Platform giving rise to such cause of action.
  • Users acknowledge and agree that Creative India has offered its products and Services, set its prices, and entered into these Terms and applicable agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein.
  • Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and Creative India, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and Creative India. Creative India would not be able to provide the Services to Users on an economically reasonable basis without these limitations.
  • Users understand that Creative India or the Service Providers may reject authentication and/or authorization of transaction placed by Users for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of Fraudulent Transaction (defined below), selling of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with Applicable Law.
  • As a risk management tool, Creative India and/or the Service Providers reserve the right to limit or restrict the transaction size, amount and/or monthly volume at any time. Creative India considers various factors and such determination will be at its sole discretion.
  • In no event will Creative India or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or loss of goodwill, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) of any kind arising out of or relating to:
FRAUDULENT TRANSACTIONS

If Creative India identifies any unauthorized transaction and/or use case (“ Fraudulent Transaction ”), the User shall be notified by Creative India. The User shall furnish documents and information pertaining to the transaction within one (1) day (or such other period specified by the bank):

The User agrees and acknowledges that: if the User is unable to furnish relevant documents, or the bank is not satisfied with the documents furnished by the User, then the bank shall be entitled to order Creative India to affect a reversal of the amount associated with the Fraudulent Transaction.

If the amount in respect of the Fraudulent Transaction has already been settled to you pursuant to these Terms, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with notifications, circulars and guidelines issued by the RBI in this regard from time to time.

The User also agrees and acknowledges that it shall be liable to pay fines, penalties and charges imposed by banks, card payment networks or any regulatory authority on account of transactions that are in violation of Applicable Law.

The User further agrees and acknowledges that following Creative India incurring the charge stipulated in clause , if the available transaction amounts are insufficient for deduction of the Amount associated with the transaction, then Creative India is entitled to issue a debit note seeking reimbursement of the amount from the User. The User shall reimburse the amount within three (3) working days of receipt of the debit note.

The Parties hereto agree that the User shall be solely liable for any payment instructions for transactions accepted by the User as per the Terms hereof which are subsequently disputed due to (a) authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) authorization by the User of a Fraudulent Transaction.

The User hereby acknowledges and agrees that Creative India is a facilitator for payment processing services which are requested by the User. Creative India shall not be responsible for any unauthorized transactions done by any person including a third-party which may cause infringement of such third-party’s rights or loss of any amounts claimed by the customers. Users shall be responsible to ensure due protection while transacting online or otherwise. Creative India will assist the Users in settling any queries related to the Services that arise between the Users, and their customers. However, Creative India shall bear no responsibility with respect to any dispute or query related to payment made to the Users by their customers.

You agree and acknowledge that Creative India shall not be liable for any liability arising in respect of a Fraudulent Transaction whether it is domestic or international.

SECURITY OF YOUR ACCOUNT

While accessing/using the Platform and Services, Users shall comply with these Terms and Applicable Law including without limitation pertaining to data security and management, data storage, sharing and data protection, and shall ensure the same level of compliance by all its employees, agents, and representatives.

User confirms and certifies that it shall not engage in any act that violates Applicable Law. It shall also ensure that financial data or any other information of the customers received by the User are stored in a system only in India. This data shall include full end to end transaction details/information collected/carried/processed as part of the message/payment instructions. The User also acknowledges and agrees that the Account balance maintained by the Users on the Platform shall be non-interest bearing and shall be forfeited by Creative India if found lying unused for more than three hundred and sixty-five (365) days.

User hereby grants and confirms the existence of the right of lien and set-off with Creative India, which Creative India may exercise at any time without prejudice to any of its specific rights under any other agreements with the User. Creative India may at its sole discretion and without notice to User, utilize and/or appropriate any monies belonging to such User which are lying/deposited with Creative India or due by Creative India to such User and/or any balance monies lying and/or any monies deposited and/or any future receivables by way of deposit of the monies in the Account/wallet in order to recover funds for transactions which are incorrectly or erroneously processed.

Creative India shall also be entitled to freeze operations of the Account of any User and/or exercise the right of lien and/or set-off with or without notice, if Creative India is of the view and/or suspects any omission and/or commission of any act including but not limited to any malafides/fraud/mischief/impersonation/phishing/hacking/unauthorized access etc., for such period as it may deem fit until it has received to its satisfaction necessary clarifications as sought from the User and/or until it is convinced that operations in that Account can recommence. The User shall forthwith furnish all clarifications/information sought by Creative India and Creative India shall not be held responsible or liable for any losses, expenses, costs etc. suffered or incurred by the User by reason of freezing of the Account and/or due to exercise of the right of lien and set-off by Creative India. Creative India shall also be entitled to defreeze the Account or remit the amount standing to the credit of such Account(s) whether jointly or singly, as the case may be, to the concerned authority without any notice to the User pursuant to the receipt of any notice or direction to that effect from any statutory/regulatory/legal/investigative authorities.

USER’S REPRESENTATIONS AND WARRANTIES

it is eligible and has the legal capacity or authority to enter into, exercise rights under, and perform obligations under these Terms. it has read and reviewed these Terms and had sufficient time to evaluate and investigate the provision of Services under the applicable agreement and the financial requirements and risks associated with the same.

it has duly accepted these Terms, which form a legal, valid, and binding obligation, and are enforceable in accordance with the clauses stipulated herein. its use of the Services is solely for its own bona fide use and in compliance with Applicable Law as well as any directions issued by Creative India from time to time.

It shall immediately intimate Creative India of any violation or potential violation of these Terms or of other circumstances that may cause damage to Creative India’s goodwill and reputation. It shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from customers required to transfer personal data to the User and/or Creative India or its Affiliates required for the access/use of the Platform or Services, as the case may be, in accordance with Applicable Law.

It shall be solely responsible for and hereby undertakes to strictly comply with Creative India’s Privacy Policy, and Applicable Law including but not limited to data protection, security, piracy, and directions issued by the regulators relating to payment data, and shall obtain and maintain in full force and effect all registrations required under Applicable Law for the operation of the business in terms of the applicable agreement. It shall also not deal in any of the products or services as mentioned in list of Restricted Services of these Terms. Please note that this list of Restricted Services is subject to addition/change without prior intimation to you.

It shall not access (or attempt to access) the Platform and the Services by any means other than through the interface that is provided by Creative India. It shall not use any deep-link, page scrape, robot, spider or other automated device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational infrastructure or presentation of the Platform.

It shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegal means.

It shall inform the Company in case income tax return is not filed by the User for the previous financial years starting from FY 2020-2021 and undertake to indemnify and keep indemnified Creative India against any and all losses, claims, liabilities, costs, taxes, interest, penalties imposed by any government and regulatory authority for non-complying with Section 206AB or any other provisions of Income Tax Act, 1961. The User also agrees that in case of any non-compliance as per the above-mentioned section, Creative India shall recover TDS amount from the User along with interest and penalty.

It shall assist Creative India in furnishing to its auditors, Service Providers, governmental authorities, or law enforcement agencies, forthwith upon request from time to time, KYC Documents, relevant books, the original copy/copies of proof of transactions, invoices, or other records, and shall retain records relating to transactions for a period of 10 (ten) years from the relevant date of the order placed on the Platform.

INDEMNIFICATION

User agrees to indemnify, save, and hold Creative India, its Affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against Creative India, and also against all losses, damages, liabilities, costs, charges, and expenses, including without limitation, legal fees and expenses arising out of or related to:

  • Users’ use or misuse of Platform/Services;
  • User’s use or misuse of the Account;
  • any violation by the User of these Terms or applicable agreement;
  • any breach of representations, warranties and covenants made by the User in these Terms or applicable agreement;
  • any claim or legal notice or quasi-legal proceedings to which Creative India may be required to become party or to which Creative India may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law;
  • due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the applicable agreement with Creative India;
  • all liability, claims, damages, costs, expenses suffered or incurred by Creative India as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of Creative India;

Creative India reserves the right, at User’s expense, to assume the exclusive defence and control of any matter, including rights to settle, for which concerned User is required to indemnify Creative India. The User agrees to cooperate with Creative India’s defence and settlement of these claims. Creative India will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

DISCLAIMER OF WARRANTY

To the fullest extent permissible under Applicable Law, Creative India and its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from Creative India or through Creative India’s Services or the Platform will create any warranty not expressly stated herein. Creative India does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that Creative India is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise, and other information provided through the Platform or on the internet generally. Creative India does not warrant that the Services will be provided uninterrupted, or free of errors, viruses, or other harmful components, and that any of the foregoing defects will be corrected. Creative India’s Services and the Platform and any data, information, third-party software, Reference Sites, or software made available in conjunction with or through its Services and the Platform are provided on an “as is” and “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied. Creative India and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Services, the Platform or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.

INTELLECTUAL PROPERTY

Creative India’s Services and the Platform are owned and operated by Creative India and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Platform provided by Creative India (the “Materials”) are protected by Applicable Law.

As between User and Creative India, all Materials and Creative India’s Intellectual Property are the property of Creative India and/or third-party licensors or suppliers as applicable. User agrees not to remove, obscure, or alter Creative India or any third-party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

Either Party does not accrue any rights or interest in the other Party’s Intellectual Property and use of any Intellectual Property by either Party shall be strictly for the fulfilment of and in compliance with the terms of the agreement between the Parties.

The Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other’s Intellectual Property.

If Users’ have comments regarding the Services and the Platform or ideas on how to improve it, please write to our 24x7 Helpdesk atinfo.creativeind@gmail.com. Please note that by doing so, concerned User hereby irrevocably assign to Creative India, and shall assign to Creative India, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

User acknowledges that Creative India has granted the User a personal, non-exclusive, non-transferable, limited privilege to avail the Services and make personal use of the Platform and/or the Services. Therefore, the User undertakes that:

They shall use the Intellectual Property solely for discharge of their duties under the applicable agreement and they shall use Intellectual Property of other party only in the form and manner stipulated by such party;

They shall not sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Creative India’s Intellectual Property;

they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party; they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration;

they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise;

they shall refrain from taking any action which shall or may impair other party’s right, title, or interest in the Intellectual Property, or create any right, title, or interest therein or thereto, adverse to that of the other party;

they shall not use or permit to be used the Intellectual Property by any unauthorized person; they shall not misuse the Intellectual Property or use it together with any other mark(s);

They shall not use any of Creative India’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features; they shall not remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services; and they shall not copy or transmit any of the Services.

AMENDMENT

Creative India has the right to change, modify, add, delete, discontinue, remove, or impose conditions on any feature of these Terms, either in its entirety or a part thereof at any time by posting a notification on the Platform or otherwise communicating the notification to Users. The changes will become effective, and shall be deemed accepted by Users, twenty-four (24) hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If a User does not agree with any such modification, the User’s sole and exclusive remedy is to terminate their use of the Platform/Services.

CONFIDENTIALITY

The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality, and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. will do any act to violate the same.

Notwithstanding anything contained in this Clause, Confidential Information shall exclude any information: (a) which is already in the possession of the receiving Party and not subject to any other duty of confidentiality; (b) that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms; (c) information that becomes legally available to the receiving Party and/or its Affiliates or professional advisors on a non-confidential basis from any third-party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third-party has to the other Party with respect to such information; and (d) information that is independently acquired or developed by the receiving Party and/or its Affiliates or professional advisors.

The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of Creative India to any third-party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party: Disclosures to its directors, officers, employees, Affiliates/subsidiaries/group/holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information;

Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or Disclosures to any person to whom it is required under Applicable Law or any applicable regulatory, supervisory, judicial, or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.

TERMINATION

Creative India reserves the right to terminate/suspend these Terms or User’s access to the Platform and Services without prior notice and without any liability to the User or any third-party. In the event the User wants to terminate the Terms, it can email at info.creativeind@gmail.com. with a prior notice of thirty (30) days to stop the Services. Any suspension/termination of the User’s access to the Platform and Services shall be without prejudice to Creative India’s right to exercise any other remedy available to it under the Applicable Law.