User’s Acknowledgment and Acceptance of Terms

M/S VIRFE provides the VIRFE.com website (the “Website”), VIRFE’s application program interfaces and related materials (the “API”) and all software and various related services (collectively, the “Platform”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

If you are under the age of 18, you are not permitted to use the Platform.

You are permitted to use the Platform, only if you:

(1) Represent that you are able to form a binding contract in your jurisdiction;

(2) Comply with our Terms of Service;

(3) Will not copy or distribute any part of any part of the Platform in any medium without VIRFE’s prior written authorization except as permitted through the Platform’s functionality and under these Terms of Service;

(4) Provide accurate and complete information when creating an account;

(5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Platform;

(6) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes;

(7) Acknowledge that you will not use the API or the Platform in any manner that violates the rights of any person, including but not limited to intellectual property rights, rights of privacy or rights of publicity; and

(8) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, by using the Platform, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. The Platform is not available to users who have had their user account temporarily or permanently deactivated.

YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE PLATFORM NOW.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PLATFORM.

In these Terms of Service, we use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. As used in these Terms of Service, “User(s)” refers to any individual using the Platform, “Manager(s)” refers to any campaign manager that a User engages through the Platform, and “Influencer(s)” refers to content creators who may be engaged by companies and/or individuals looking for marketing, advertising, and related services (referred to as “Businesses”).

Overview of our Services

VIRFE is an Influencer Marketing Platform that connect brands and agencies to a global database of influencers. The Platform enables brands to understand the data on each influencer to identify the right selections for their campaigns. Additionally the Platform features a campaign management tool to help users run an end to end influencer marketing campaign.

Account Information and Security

When you register, you provide us with information, such as a bank account details, phone number or email address. Keep your account information current and accurate. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account credentials with others. If someone is using your account, notify us immediately.

Vetting of Users

Influencers may be subject to a vetting process before using the Platform, including VIRFE contacting the Influencers directly, or informally through other methods. VIRFE does not vet Businesses. Although VIRFE may vet Influencers and Managers, it cannot guarantee the accuracy or the identity of any User or anyone who uses the Platform. Accordingly, VIRFE cannot and does not assume any responsibility or liability for improper vetting or failing to vet a User of the Platform, the accuracy of any background check or vetting of any User, nor for the conduct of anyone who uses the Platform.

VIRFE, NOR ITS AFFILIATES OR LICENSORS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF VIRFE AND YOU HEREBY RELEASE VIRFE AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. VIRFE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF VIRFE.

Feedback

We always appreciate feedback and are always on the lookout for ways to improve VIRFE. For feedback, comments, questions, or concerns, you can contact us at info@virfe.com and we will return you e-mail at the soonest opportunity possible.

Guarantee and Warranty

Use of the Platform is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. VIRFE expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, VIRFE makes no warranty or guarantee that the Platform will be uninterrupted, timely, secure, or error-free. VIRFE does not warrant the quality or accuracy of any deliverables provided and/or services rendered by its Users and does not warrant that any such deliverables and services will be provided and/or rendered in a timely or professional manner. By using the Platform, Users hereby understand and acknowledge that any agreements and services performed by Users are between those Users only, and that VIRFE is not a party to any agreement between the Users. VIRFE will take no responsibility for any deliverables provided and/or services rendered in connection with these services, or for any breach of contract. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you

Release

In the event that you have a dispute with a User of the Platform, including with an Influencer, or one of the Businesses, you agree to release VIRFE (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Platform or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Limitation of Liability

IN NO EVENT WILL VIRFE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE PLATFORM OR ANY USE OF THE PLATFORM, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE PLATFORM, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF VIRFE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Content of Service

You understand that all information such as, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, and videos or other images (all such information being hereinafter referred to as the “Content”) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services (if any), may be protected by intellectual property rights owned by the sponsors or advertisers who provide such Content to VIRFE (or by other persons or companies on their behalf), and that the Content may include sensitive personal data. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content (either in whole or in part), unless you have been specifically told that you may do so by VIRFE or by the owners of that Content, in a separate agreement.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that VIRFE has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which VIRFE or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You may not use the Services to intentionally transmit or make public infringing, libelous, or otherwise unlawful or tortious Content or to store, transmit or make public any Content in violation of third party’s intellectual property or similar rights. You shall indemnify and hold VIRFE harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by VIRFE as a result of or in connection with (i) your breach of any third party’s intellectual property or similar rights or (ii) your breach of warranty

The Platform may contain personal web pages or profiles, forums, review and ratings sections, message boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Platform.

If you voluntarily disclose personal information (e.g., user name, email address, personal information) on the Platform, such as in a review, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on the Platform.

Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

• All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not VIRFE, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Additionally, we have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for VIRFE.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Platform. 

YOU WAIVE AND HOLD HARMLESS VIRFE AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VIRFE/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Taxation

All taxes as applicable by the Influencer will be the sole responsibility of the Influencer. Tax Deducted at Source (TDS), where applicable will be deducted by VIRFE. For payments above the threshold limit, Pan Card details would need to be shared as required prior to the payment.

Standard taxes as per the government norms shall be applicable to be paid by the brand on booking a service.

Termination of Service

VIRFE may terminate your privilege to use or access the Platform immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Platform and agree not access or make use of, or attempt to use, the Platform. Furthermore, you acknowledge that VIRFE reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Platform. You understand that VIRFE may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to VIRFE.

All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Platform, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

Cancellation of campaigns

Any quote that is approved on the Platform will constitute a binding agreement between the User, the Influencer and VIRFE. The payment method will be automatically charged for any influencers approved by the user on the platform. In the event of a cancelled campaign, a cancellation charge, as deemed fit at the stage, will be payable to compensate the Influencer and VIRFE for work performed.

Refund Policy

If a service is not fulfilled by an influencer or is disputed between the user and influencer, VIRFE holds the right to determine whether or not the service has been fulfilled or partially fulfilled.

1. Incase of non-fulfilment of service the amount paid by the user for the campaign shall be refunded back and influencer shall not receive any payment

2. Incase of partial- fulfilment, refund amount shall be mutually decided between the user, influencer and VIRFE

Intellectual Property

The entire content and materials contained on the Platform, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Platform and other intellectual property (the “Content”) are owned by or licensed to VIRFE to the fullest extent under the copyright laws of India, Australia, the United States, and other countries. Images of people or places displayed on the Platform are either the property of, or used with permission by, VIRFE. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with VIRFE. We may redesign the Platform in our sole discretion at any time.

Restrictions on Use

You may not use the Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of VIRFE. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without VIRFE’s prior written consent.

Modification of VIRFE’s content is a violation of the copyrights and other proprietary rights of VIRFE or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of VIRFE. The Platform and the information contained therein may not be used to construct a database of any kind. The Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of VIRFE or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with VIRFE’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of VIRFE or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and VIRFE is intended or created by this Agreement. A User, Professional, or Member is not VIRFE’s representative or agent, and may not enter into an agreement on VIRFE’s behalf

Digital Millennium Copyright Act

If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:info@virfe.com .

Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;

3. A description of the material that you claim is infringing and where it is located on the Service;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

VIRFE will promptly terminate without notice the accounts of Users that are determined by VIRFE to be “Repeat Infringers.” A Repeat Infringer is a User who has been notified of infringing activity or has had user content removed from the Platform at least twice

Links to Other Sites and Materials

As part of using the Platform, VIRFE may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). VIRFE has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by VIRFE, and VIRFE is not responsible for any Third Party Sites accessed through the Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by VIRFE. If you decide to leave the Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.

Privacy

VIRFE’s current privacy policy is available on the Platform and at our Website (the “Privacy Policy”), which is incorporated by this reference. The Privacy Policy informs you how we manage the information you provide when you use our Platform. You understand that through your use of the Platform, you consent to the collection and use (as per the Privacy Policy) of this information, including the transfer of this information to the India, and/or other countries for processing, storage and use by VIRFE. We strongly recommend that you review the Privacy Policy closely.

Communications

The communications between you and VIRFE use electronic means, whether you use the Platform or send us emails, or whether VIRFE posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from VIRFE in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that VIRFE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

You also allow VIRFE to send to you promotional and transitional communications via, and not limited to, SMS, emails, phone call, internet call, notification and whatsapp

Notice

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to VIRFE or any of its officers, employees, agents or representatives in any situation where notice to VIRFE is required by contract or any law or regulation.

Any such notice must be sent to:

M/S VIRFE at info@virfe.com

Changes and Amendments to Terms

These Terms of Service are effective as of the “Last Modified” date identified on this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of VIRFE to en0force any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

VIRFE may assign or delegate these Terms of Service and/or VIRFE’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without VIRFE’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE USER AGREEMENT AND PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.