Adzup Terms and Conditions
1. Introduction
Thanks for using Adzup. We would like you to read these Terms of Service (“Terms/Terms of Service” "Agreement") carefully before you use our platform or any of its services (we will call them “Services”). This is important because these Terms are a legally binding document. They govern your use of our website (https://adzup.in) and our mobile application called Adzup (collectively the “Platform”) created by Adzup Marketing Private Limited, a company incorporated under the laws of India with its registered office at Plot No. 192 Patparganj Industrial Area, New Delhi – 110092. Adzup is an Adtech app that helps users monetize their social influence.
2. Eligibility
The ADZUP App is intended solely for users at least 16 years of age or above and are residents of India. Any access to or use of the App by anyone under is expressly prohibited. By using the App, you represent and warrant that you are eligible.
In addition to the above, to be eligible to use the ADZUP platform and services, you must meet certain criteria as set by ADZUP. These criteria may change from time to time at the sole discretion of ADZUP. As of now, the criteria include:
- You must have an Instagram profile.
- You must have a minimum of 1 follower on Instagram.
ADZUP also reserves the right to revoke a user's eligibility if the user fails to meet the eligibility criteria at any point of time during their use of the ADZUP platform and services. If your eligibility is revoked, you may lose access to certain features or services of the ADZUP platform or your account may be terminated.
Please note that these eligibility criteria are subject to change, and it is your responsibility to regularly check the terms and conditions to ensure you meet the current eligibility criteria.
3. Acceptance of Terms
3.1. Acceptance
By signing up to use the Platform, 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 signing up to use the Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend or terminate your access to the Platform if we believe you have breached these Terms. We may also monitor or use certain technologies to monitor your activities including your IP address to verify your geographical location.
3.2. Compliance with Applicable Laws
You must ensure that your use of the Platform and the Services complies with Applicable Laws.
4. Privacy and Data Security
4.1. Our Privacy Policy
The privacy of your information is important to us. Our Privacy Policy explains in detail how we manage your data when you use our Services. Please review this policy closely because you must agree to the Privacy Policy before using our Services.
4.2. Third Party Access
We and our third-party service providers may use your data, including your financial information, to improve our Services. We and our third-party service providers may use anonymous aggregate financial information to perform analytical research, engage in performance tracking or benchmarking, or to publish, distribute or license the aggregated anonymous research data for any purpose.
How We Collect and Use Your Information
At Adzup Marketing pvt ltd.we are committed to processing personal data responsibly and in compliance with applicable data protection laws. We collect and process personal data only when we have a lawful basis for doing so. These bases include:
- When it's necessary to perform a contract, we have with you (for example, to provide customer support).
- When processing is in our legitimate interests and not overridden by your rights (such as for internal administrative purposes).
- If we are legally required to do so.
- When we have your consent to process your personal data.
Below we outline the types of data we collect, the purposes for which we use this data, and our lawful basis for processing:
Purpose/Activity: To register you as a customer
- Type of Data: (a) Identity (b) Contact
- Lawful Basis: Performance of a contract with you
Purpose/Activity: To manage our relationship with you
- Type of Data: (a) Identity (b) Contact (c) Profile
- Lawful Basis: (a) Performance of a contract with you (b) Necessary to comply with our legal obligations
Purpose/Activity: To administer and protect our business and Services
- Type of Data: (a) Identity (b) Contact (c) Technical
- Lawful Basis: (a) Necessary for our legitimate interests (b) Necessary to comply with our legal obligations
Purpose/Activity: To use data analytics to improve our Services and customer experiences
- Type of Data: (a) Technical (b) Usage
- Lawful Basis: Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Services updated and relevant)
Purpose/Activity: To make suggestions and recommendations to you about our services
- Type of Data: (a) Identity (b) Contact (c) Profile
- Lawful Basis: Your consent (which you can withdraw at any time)
Please note that where we rely on your consent to process your personal data, you have the right to withdraw this consent at any time. If any of your personal data changes, we encourage you to update this in your account settings to ensure our records remain accurate. We utilise minimal analytics tools for our mobile app to enhance our services, ensuring that these tools do not gather personal data beyond what is essential for these improvements.4.3. Despite Our Best Efforts
You understand that transmissions on the internet cannot always be secure. You are responsible for safeguarding your mobile device, phone number, one-time passwords, log-in credentials, and any other information used to access our Services. If you do not take necessary safeguards, you will be responsible, within limits imposed by law, for any loss associated with the unauthorized use of your Adzup Account.
5. Services & Process
Adzup is a marketing technology platform that incentivizes users to make lifestyle purchases with our Partner brands.
At Adzup Marketing Pvt Ltd, our Services cater to two primary customer groups:
- Creators who register directly with us ("Creator Customers").
- Brands that sign up to utilise our services ("Brand Customers").
- Contact Data: This includes your email address and possibly your telephone number primarily used for communication purposes.
- Identity Data: We collect basic identity information such as your first and last name. This is essential for both Creator and Brand Customers to facilitate a personalised and secure service.
- Creator Data: For our Creator Customers, we collect minimal data necessary to identify and collaborate with you, including links to your professional profiles on social media platforms.
- Profile Data: This encompasses basic information about your interactions with our Services, such as types of services used or preferred.
- Technical Data: We gather limited technical information like your IP address and the type of device used to access our Services ensuring compatibility and security.
- Usage Data: We monitor how you interact with our Services, like the features used to improve and personalise your experience.
Please note that at this stage of our MVP (Minimum Viable Product), we do not collect extensive personal details such as Financial and Transaction Data, Call Recordings, or Special Category Data. Our focus is on the essential information required to deliver and improve our Services.
As for Potential Creators identified by our Brand Customers, we only collect publicly available information that is essential for the intended purpose of our Services. We respect your privacy and control over your data. If you have any concerns about the information we hold about you, please feel free to contact us.
To create a ADZUP Account, you must provide us with:
1. Your phone number (which we will authenticate with a one-time password)
2. Permission for ADZUP upon user consent to access your SMS, contacts, location data, installed applications, and such other device data that ADZUP may require (from time to time) to provide you the Services.
3. Your social media details and permission to read, and collect data from your social media profiles, including explicitly shared information, public data, and data collected via third-party platforms.
4. Your UPI id to transfer earned rewards.
At the time of creating the ADZUP Account or any time after that (while you are using the Services), ADZUP may also ask you to provide details about yourself which include without limitation:
1. Your name,
2. Email address,
3. Date of birth,
4. Residential address,
5. Employment type and place of work,
6. Any demographic data,
7. Monthly income, and
8. PAN/Form 60.
9. UPI ID
Collectively, this information (that you provide to ADZUP) is referred to as “ADZUP Account Data”. The types of data that come under the category of ADZUP Account Data have been described in greater detail in the Privacy Policy and are incorporated here by reference. Use of the ADZUP Account Data will be governed by the Privacy Policy and these Terms.
You must add such information and documents requested in the manner prompted on the Platform. If you revoke any permissions on the Platform, we may restrict or deny your use of the Platform (or any of its features) to the extent that such information or documentation is necessary to provide you with the Services.
If we believe that the information you provide to us is unreliable or incorrect, then we may (at our discretion) disallow you from opening a ADZUP Account. If we discover any deficiency in the information provided by you on a later date, we may terminate your ADZUP Account. Please note that we may (from time to time) ask you to provide us with information about yourself to allow you to continue using the Platform and its Services.
6. Wallet Function
6.1. How Rewards are Issued
All rewards earned by the user are directly transferred to the user's bank account associated with their UPI ID. In case you feel something is not right or funds have not been allocated, please feel free to reach out to [email protected].
6.2. Who Holds Your Funds
Adzup does not hold your funds. All approved funds are transferred directly to your bank account.
7. Unauthorized Use of the Platform
Tell us at once if you believe your ADZUP Account has been accessed without your permission. You can reach us at [email protected]. We also have a chat feature within our Platform which you can use.
8. Third Party Disclosures
1. We may disclose the information you provide us to third parties: (i) where it is necessary or helpful for completing a transaction; (ii) in order to comply with any law or to comply with requirements of any government agency or court orders; (iv) in order to prevent, investigate, or report possible illegal activity; (v) in order to issue authorizations for transactions; and (vi) as otherwise permitted by law. Please see our Privacy Policy for further details.
2. ADZUP may (from time to time) allow third party service providers to offer their users the ability to log-in to their websites/mobile applications through the ADZUP Account log-in credentials. ADZUP does not endorse these third party websites and applications that allow you to sign in with ADZUP Account log-in credentials, and takes no responsibility for them.
9. Termination
We may terminate the Services we provide at any time for any reason and without advance notice. This means we can stop providing you with any Services or impose new or additional limits without notifying you.
10. Opt-out Request
1. If you do not want to continue using our Platform and the Services and want to deactivate your ADZUP Account and/or unsubscribe from the mailing lists or you do not agree with any provision of these Terms and wish to opt-out of receiving our Services, please contact us at [email protected].
2. Electronic communication
By using our Platform, you consent to receiving communications from us electronically. We may communicate with you by email, push notifications (on the Platform) and SMS. You agree that all electronic agreements, notices, disclosures and other communications satisfy any requirements under Applicable Law and that such communications are in writing. Please let us know if the information you share with us (including your email address and other contact details) changes. Our emails to you will be sent to the email address you last provided us, that is, if you shared your email address with us through the Platform. We will assume that you have received the email once it is sent from the outbox of our email address.
11. Limitation of Liability
You agree that access and use of the Services is at your own risk. Except as required by law, you agree that ADZUP will not be liable for any harms arising out of your use of the Services, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses, even if we have advised you of the possibility of such harms.
12. Disclaimer of Warranties
1. We make reasonable efforts to make the Platform and/or Services available, but we make no representations or warranties regarding the same, including the time needed to complete transaction processing because this is dependent on many factors outside our control.
2. The Platform and Services are provided on an “as is” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors. In no event shall we or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees or agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of a breach of the Terms by another user or arising out of the use of, or the reliance on, any of the Services or the Platform.
13. Obligations and Restrictions on You
1. No scaling or jeopardizing our platform: You agree to not interfere with or use non-public areas of our Platform and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your ADZUP Account. We may further report such actions to the appropriate law enforcement authorities and initiate legal action.
2. No commercial usage: You shall use the Services only for your lawful and personal use.
3. No illegal usage: You shall not use the Platform or the Services for committing fraud, embezzlement, money laundering or for any other unlawful and/or illegal purposes.
4. Duty to provide true information: The information you provide is used by us to determine your eligibility and continuing use of your Account. It is critical that all information you provide to us is true, complete, not misleading and is regularly updated by you. If all or any part of this information is incorrect, incomplete or misleading, it would be a breach of these Terms and a violation of the law. We may approach appropriate authorities to initiate legal action against you. You must further ensure that you do not do anything that can make the information provided by you incorrect, incomplete or misleading at a later date. If you discover any information provided is incorrect, incomplete or misleading, then please write to our Grievance Officer (details given below) immediately.
5. Duty to be responsible: Considering the nature of the Platform and Services provided, please ensure that you keep your mobile device safe. You are solely responsible for all activities that occur under your credentials on the Platform. You should keep your password safe and not disclose your ADZUP Account details to any third party or share your ADZUP Account with any third party. If you think someone has gained access to your ADZUP Account without your permission, please contact our Grievance Officer immediately.
6. Ensure compatibility and keep updated: You must ensure that you keep updating the Platform as and when we release new versions of it. Failure to do so may make you incapable of using the Platform and our Services.
14. Force Majeure
Without limiting the foregoing, under no circumstances shall we be held liable for any damage or loss due to a deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.
15. Your Rights
As a user of Adzup Marketing private ltd’s services, you are entitled to various rights under applicable data protection laws. These rights are available to you free of charge and include:
- Access: You have the right to access your personal information and receive supplementary information that this Privacy Policy addresses.
- Correction: You can require us to rectify any inaccuracies in the information we hold about you.
- Erasure: In certain situations, you may ask for the deletion of your personal data. Note that this right does not apply where we have a lawful reason to continue using the data.
- Data Portability: You have the right to receive and transfer your personal data, which you have provided to us, in a structured, commonly used, and machine-readable format in certain circumstances.
- Withdraw Consent: If you have previously given consent for us to use your personal data for direct marketing, you can withdraw this consent.
- Objection to Automated Decision-Making: You can object to decisions made solely by automated means that have legal or significant effects on you.
- Restrict Processing: In certain circumstances, you can request that we restrict the processing of your personal information.
- General Objection: You may object to our continued processing of your personal data in certain other situations.
To exercise any of these rights, please contact us using the details provided in the "How to Contact Us" section. We may request specific information from you to confirm your identity and ensure your right to access the data or to exercise any of your other rights. This is to ensure that personal data is not wrongly disclosed.
We aim to respond to all legitimate requests within one month. However, it may take longer for complex or multiple requests, in which case we will notify and update you.
Please note that there are exceptions to these rights and situations where we may be unable to fully comply with your request.
16. Children’s Personal Information
Our Services are designed for users aged 13 and above. We do not intentionally collect personal information from individuals under the age of 13. If you suspect that a child under this age has provided us with personal information, please reach out to us using the contact information provided in the "How to Contact Us" section. Upon receiving such information, we will take prompt action to remove any personal data we may have inadvertently collected about the child. Updates to This Privacy Policy
17. Intellectual Property
1. All of the content on the Platform, including, all images, illustrations, graphics, video clips, text, reports generated, trademarks, as well as the underlying code of the Platform (“Platform Content”), constitutes our intellectual property (Adzup).
2. We give you a limited, non-transferrable, non-sub-licensable and revocable license to access the Platform, avail of the features of the Platform for your personal, lawful requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission.
18. Governing Law & Arbitration
18.1. These Terms and any action related thereto will be governed by Applicable Law. Any disputes arising out of or related to these Terms and/or the Platform, or the Services (collectively, “Dispute”) shall be subject to the jurisdiction of the courts located at Delhi.
18.2. Any and all Disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by ADZUP. The seat and venue of arbitration shall be Delhi. The award and decision of the arbitrator shall be final and binding on all parties. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.
19. General Provisions
1. Assignment: You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.
2. Waiver: Unless otherwise stated expressly, any delay or failure in our exercising any rights/remedies arising out of these Terms and/or other policies available on the Platform, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.
3. Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law & arbitration shall survive the efflux of time and the termination of these Terms.
4. Severability: If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under Applicable Law.
20. Regulatory Changes
You understand and agree that we may have to modify the Services as well as the Platform on account of any regulatory changes. In such case, if you become incapable of using all or any part of the Platform or the Services, we shall not be liable to you in any manner.
21. Third Party Content and Advertisements
We may, from time to time, display offers, services, products and advertisements from third parties on our Platform for your benefit. However, this does not mean we endorse these third parties or their products and services. If you accept any of the products or services of such third parties, such arrangement shall be solely between you and the third party. We will not be liable in any manner for such products or services of such third parties.
22. Customer Support and Grievance Redressal
In order to address any questions or grievances that you may have regarding the use of your ADZUP Account, please contact our Grievance Officer:
Office hours: 12 noon to 7 PM.
Email address: [email protected]