THIS AGREEMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND MR POPAT MEDIA SERVICES P LTD. THE TERMS OF THIS AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND MR POPAT MEDIA SERVICES P LTD, INCLUDING WITH RESPECT TO THE LISTING, ADVERTISING, EXHIBITING, MAKING AVAILABLE, MARKETING, IF ANY TERMS OF THIS AGREEMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY MR POPAT MEDIA SERVICES P LTD.
For the purpose of this Agreement, the individual or any legal entity (company, sole- proprietorship, partnership, HUF etc.) representing itself through its duly appointed authorized signatory only, (hereinafter, referred to as the "You", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include Your heirs / subsidiaries, affiliates, successors and permitted assigns) shall constitute the FIRST PART;
"MR POPAT MEDIA SERVICES P LTD", a company incorporated under the Companies Act, 1956, having its registered office at K-1/45 Model Town, Delhi -110009 with the CIN– U72300DL2013PTC252886 (hereinafter referred to as, "COMPANY" which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, liquidators, receivers, and assigns) shall constitute the SECOND PART.
Seller/You and MR POPAT MEDIA SERVICES P LTD may be referred to as the "Party" individually and as the "Parties" collectively, as the context may require.
1. MR POPAT MEDIA SERVICES P LTD inter alia is in the business of owning and operating an online market place located at the URL WWW.VEBLR.COM which acts as an online / electronic platform in the form of an intermediary, providing e-commerce marketplaces platforms/technology, internet marketing services
2. You are desirous of using the Website as a platform to exhibit, commercialize videos, documentaries, advertisement, to the users of the Website.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL PROMISES AND COVENANTS SET FORTH HEREINAFTER, THE PARTIES, INTENDING TO BE LEGALLY BOUND, HERETO AGREE AS FOLLOWS:
1.1 "Acceptance" shall mean acceptance of this Agreement directly or indirectly in electronic form or my means of an electronic record and shall include your affirmative action of clicking on "I Accept/ I Agree" or the box against these words provided at the end of this Agreement or any other manner of acceptance such as using Seller Panel, start advertising, exhibiting or offering for sale, by which action you accept the terms and conditions of this Agreement.
1.2 "Agreement" shall mean this Seller Agreement in its entirety, including all the annexure attached to or referenced to this Agreement, MR POPAT MEDIA SERVICES P LTD Policies and any other document pursuant to this Agreement and shall include any amendment thereto, from time to time.
1.3 "Applicable Laws" includes (a) statute, statutory instrument, bye-laws, order, directive, decree or law (including any common law, judgment, demand, order or decision of any court, regulator or tribunal); (b) rule, policy, guidance or recommendation issued by any governmental, statutory or regulatory body.
1.4 "Banned Products" shall mean the products/goods/articles/services included in the MR POPAT MEDIA SERVICES P LTD Banned Products List as provided at the end of this Agreement.
1.5 "Buyer" shall mean any user of the Website who accepts Seller's offer to sell the Product and purchases any Product of the Seller through the Website.
1.6 "Consents" include all consents, licences, authorisations, approvals, permissions, certificates, permits and any other form of consent (whether statutory, regulatory, contractual or otherwise).
1.7 "Logistic Service Provider" shall mean a natural or juristic person that is approved by MR POPAT MEDIA SERVICES P LTD for transporting, shipping, temporary storage and delivering the Products purchased by the Buyers from You on the Website, and the term "Logistics Services" shall be construed accordingly.
1.8 "Logistic Service Provider Fees" shall mean the fees (either in number or as a percentage of Selling Price) as may be provided from time to time in the Commercial Term Segment, payable by Seller to MR POPAT MEDIA SERVICES P LTD for availing of Logistics Services through Logistic Service Provider.
1.9 "Fulfilment Centre" (presently termed as "MR POPAT MEDIA SERVICES P LTD Plus" / "SD Plus", or any other name) shall mean a building, warehouse or any other establishment, identified by MR POPAT MEDIA SERVICES P LTD to the Seller, at MR POPAT MEDIA SERVICES P LTD 's discretion, where Seller may place or deposit their Products, without transfer of any title in such Products, for dispatch or delivery to the Buyers.
1.10 "Fulfilment Centre Charges" shall mean the charges (either in number or as a percentage of Selling Price) as may be provided in the Commercial Term Segment for availing Fulfilment Centre related services.
1.11 "Intellectual Property Rights" means all rights to patents, designs, copyrights, trademarks, service marks, database, domain name, moral rights (whether or not any of those is registered and including applications for registrations of the foregoing) together with all trade secrets, know-how and all rights or forms of protection of a similar nature and causes of action for violation, misappropriation or infringement of any of the foregoing.
1.12 "Sponcer" Means all the entities including business and service providers which are desirous of advertising there goods and services via company's website. The sponsor may include Government organizations.
MR POPAT MEDIA SERVICES P LTD is a private video sharing website. Users can upload and distribute your videos publicaly and / or privately making them accessible only to the people they choose. To share a video, the user can take a unique URL which can then be shared via email, SMS, or any other distribution method.
When registering with MR POPAT MEDIA SERVICES P LTD to become a member you must provide true and accurate information and accept the terms and conditions. The use of the service is restricted to persons age 18 or older. Once registered, you will be responsible for all activities occurring under your chosen account and you must keep your password secure. In case that you suspect any unauthorised use of your account or your password you agree to immediately notify MR POPAT MEDIA SERVICES P LTD.
The MR POPAT MEDIA SERVICES P LTD website WWW.VEBLR.COM and services are available for your personal & commercial use only. You are not allowed to use the service for any illegal, offensive or discriminating content. It is your sole responsibility to comply with all applicable international and local rules and these terms. You shall be solely responsible for any content you submit, post, create and display on the website and the consequences of publishing them, this includes but is not limited to: videos, images, comments, profile text. You are not allowed to alter or modify any part of the website or service except for areas of the website that are explicitly provided for modification. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination or suspension of the account. We reserve the right to remove any material and/or restrict, suspend, or terminate access and/or accounts that we find in our sole discretion in breach of our terms, unlawful, infringing or violating intellectual property laws. You are solely responsible for the content you upload to WWW.VEBLR.COM is not responsible to check and/or approve any information provided by members to the site. Furthermore MR POPAT MEDIA SERVICES P LTD is not obliged to monitor any Members use of the service.
That MR POPAT MEDIA SERVICES P LTD has the right to advertise the goods and services of any third party/ Sponsors who desires to advertise their Goods and services through the platform of MR POPAT MEDIA SERVICES P LTD via WWW.VEBLR.COM. That the company has the right to run the advertisement campaign on the webpage, in any of the videos, photographs or any graphic which are the contents of the company's website. The company has the right to sponsor the goods and services of their sponsor at any point of time without intimating to you.
That the company has the right to license the content of the website to any third party who may display the same in their own web portal/ web page /web site as per their own wish and desire. The content which may be uploaded by you can be used by any third party for their display in their own website. The said license shall be granted by the company to any person, business entity or even government organisation if they desire so, the same shall be done without intimating you at any given instance.
Please choose the material and information you provide on this site carefully and ensure that the information you provide and action you take must not include the following:
You can terminate your account at any time, without any reason by contacting the Popat Media (P) Ltd Team. Once you have terminated your account your profile and personal information will be removed from the Popat Media (P) Ltd website. After you terminated your account you don't have any right to use the Popat Media (P) Ltd service anymore. Popat Media (P) Ltd may terminate your account at anytime, without any reason. These terms remain active even after the termination of your account.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In case of the infringement of copyright rights MR POPAT MEDIA SERVICES P LTD may terminate your account with immediate effect. MR POPAT MEDIA SERVICES P LTD respects the copyright of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact MR POPAT MEDIA SERVICES P LTD and provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Web site (this could be a screenshot or the url); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree that you use the MR POPAT MEDIA SERVICES P LTD website and services at your sole risk. MR POPAT MEDIA SERVICES P LTD its partners, employees, consultants and subcontractors disclaim all warranties in connection with your use of the MR POPAT MEDIA SERVICES P LTD website and services. MR POPAT MEDIA SERVICES P LTD is not responsible and therefore disclaims any responsibility or liability for the accuracy, completeness, legality or availability of any content posted on the MR POPAT MEDIA SERVICES P LTD website or services. MR POPAT MEDIA SERVICES P LTD disclaims any responsibility that the service provided will be uninterrupted, meeting your specific requirements, error-fee, the server and/or any other hardware or software that provides the MR POPAT MEDIA SERVICES P LTD website and services are free of virus or other harmful software. MR POPAT MEDIA SERVICES P LTD is not responsible for the action and/or content provided by account holders to the MR POPAT MEDIA SERVICES P LTD website or services.
There will be links, banner and other forms of advertisements of third parties on the MR POPAT MEDIA SERVICES P LTD website and/or services. You acknowledge that following these links will be done at your own risk. MR POPAT MEDIA SERVICES P LTD disclaims any responsibility for the content provided by these third parties, be it within the MR POPAT MEDIA SERVICES P LTD website or external websites accessible from the MR POPAT MEDIA SERVICES P LTD website or services.
POPAT MEDIA (P) LTD disclaims any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. MR POPAT MEDIA SERVICES P LTD is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of MR POPAT MEDIA SERVICES P LTD services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials.
The MR POPAT MEDIA SERVICES P LTD website and services are provided "as-is", "with all faults", and "as-available". MR POPAT MEDIA SERVICES P LTD expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
You agree to defend, indemnify and hold harmless MR POPAT MEDIA SERVICES P LTD, its partners, officers, directors, employees, and subcontractors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the MR POPAT MEDIA SERVICES P LTD website and services; your violation of any term of these terms and conditions or third party rights, including without limitation any copyright, property, or privacy right; or any claim that was caused by content or material posted, published, distributed or shared through you or your user account. This defence and indemnification obligation will survive these terms of service and your use of the MR POPAT MEDIA SERVICES P LTD website or services.
In no event shall MR POPAT MEDIA SERVICES P LTD be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if MR POPAT MEDIA SERVICES P LTD has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MR POPAT MEDIA SERVICES P LTD's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MR POPAT MEDIA SERVICES P LTD for the services during the term of membership.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice, and it is your responsibility to review these Terms of Service for any changes. Your continued use of MR POPAT MEDIA SERVICES P LTD after any such changes constitutes your acceptance of the new Terms of Service
Any dispute between the Parties hereto during the subsistence of this Agreement or thereafter, in connection with, or arising out of, this Agreement, shall be referred to Arbitration under the Arbitration and Conciliation Act, 2015, including any amendments or re-enactments thereto to be adjudicated by a sole arbitrator to be appointed by MR POPAT MEDIA SERVICES P LTD . Arbitration shall be held at New Delhi, India. The proceedings of arbitration shall be confidential and in the English language. The Arbitrator‟s award shall be final and binding on the Parties. During the pendency of the arbitration proceedings or any judicial proceedings, MR POPAT MEDIA SERVICES P LTD shall have the right, to be exercised in its sole discretion, to suspend the Seller Panel access or any other access of the Website to the Seller.
The Agreement shall be governed by and construed in accordance with the laws of India, without reference to rules governing choice of laws. Except for any equitable relief, for which a Party may approach any court having competent jurisdiction, the courts of New Delhi, India, shall have exclusive jurisdiction in connection with this Agreement. Each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts there from) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. You shall not accept this Agreement and use the Website if You do not wish to submit to the aforesaid laws and jurisdiction
These terms of service together and other legal noticed published by Popat Media (P) Ltd constitute the entire agreement between you and Popat Media (P) Ltd with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of service by a party will be effective only if in writing and signed by a party. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and Popat Media (P) Ltd failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.