terms and conditions

The terms and conditions provided herein (“TNCs”) govern your use and purchase of any current and future products and/or services (“Services”) from our website, www.tribevibe.live (“Website”) and our mobile app (“Application”) or any other electronic mode (collectively, the “Platform”) provided/offered by Tribevibe Entertainment Private Limited, its subsidiaries, affiliates and related entities (“Tribevibe”, “we”, “us”, and “our”). Additional, modified, or separate service specific terms and conditions may also additionally apply to your use of other Tribevibe websites, services, or apps, or participation in any promotion. To the extent that the provisions of any such additional terms conflict with these TNCs, the provisions of the additional terms will govern. By downloading, installing or using the Platform, or accessing our website, you (“User”, “you” or “your”) agree to these TNCs.

By registering on, accessing, browsing, downloading or using the Platform for any general purpose or for the specific purpose of availing any Service, you agree, automatically and immediately, to be bound by these TNCs as well as by any the service specific terms and conditions applicable to each Service. If at any time you do not accept or agree with any of the TNCs or do not wish to be bound by the TNCs, you may not access, browse or use any Platform and immediately terminate your availing the Services. Accepting or agreeing to the TNCs (including the privacy policy and any other terms available on any Platform) in the manner specified above will constitute a legal contract (“Agreement”) between you, not suspended by Tribevibe for any reason, being at least 18 years of age, having the right, authority and capacity to enter into this Agreement and an individual user of the Platform or a customer or beneficiary of the Services, and Tribevibe.

All the rights, benefits, liabilities and obligations under the TNCs shall, as the case may be, accrue to the benefit of, or incurred by, Tribevibe, regarding your use of the Services. The Services shall be used by you subject at all times to your adherence with the TNCs and only so long as you accept and comply with these TNCs, Tribevibe grants you a limited, revocable, non-exclusive, non-transferable personal right to access and make use of the Platform and services solely for the benefit of the User and no other commercial purpose. If and when you do not comply with these TNCs, Tribevibe reserves the unilateral right to revoke your license or limit your access to the Platform.

Tribevibe reserves the right to remove any information or material on the Platform without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organizations.

License

Subject to your compliance with the Terms, you may download and install one copy of the Application to your supported device, and access and use the Services, solely for your own personal and non-commercial use and access the service through the Website. you are not allowed to: (i) copy, modify or distribute the Application and/or website and/or Services for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application, website and/or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application, website and/or the Services; (iv) make the functionality of the Application, website or the Services available to multiple users through any means; (v) use multiple accounts per individual user per device; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TNCs. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tribevibe and/or its licensors.

Registration

In order to access certain features of the Services, you have to create a file with us (an “Account”), which may be authenticated using your phone number, email ID, social media, or other official means of authentication. To create an Account and participate, you must be 18 years of age and older at the time of registration. If you are younger than 18 years of age, then you need to ensure your parents consent to your using the Services. you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage from your failure to comply with these requirements. you agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.

By creating an Account, you represent, warrant and covenant that you provide us with accurate, truthful, and complete registration information (including, but not limited to your name, username, phone number, e-mail ID, age and sex) (“Account Information”) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these TNCs, which may result in immediate termination of your Tribevibe Account. you shall not:

  • provide any false personal information to Tribevibe or create any account for anyone other than yourself without such person’s specific and complete knowledge and permission;
  • provide Account Information that is the name or username of another person with the intent to impersonate that person;
  • use somebody else’s Account details and/or Account Information that is subject to any rights of a person other than yourself, without appropriate authorization; or
  • use a name or username that is a name that is otherwise offensive, vulgar or obscene immoral, opposed to public policy or otherwise unlawful.

Disclaimer

your use of the Platform is entirely at your own risk. To the fullest extent possible, Tribevibe expressly excludes and disclaims all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Platform, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose. The material contained on the Platform may contain inaccuracies and typographical errors. Tribevibe does not warrant the accuracy or completeness of the content and materials on the Platform.

The Platform may contain advertisements. Tribevibe is not responsible for and does not endorse the content of such advertisements and does not accept any responsibility for any errors or inaccuracies in such advertisements.

Tribevibe shall not be liable for any damages whatsoever arising out of the use or performance of the Platform or any part of it, the provision of or failure to provide Services, or for any information obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, or otherwise, even if Tribevibe has been advised of the possibility of damage.

If you are dissatisfied with any portion of the Platform, or with any of these Terms, your sole remedy, except as specifically provided in these terms, is to stop using the Platform.

Notwithstanding anything in these Terms, Tribevibe does not disclaim liability for death or injury caused by our direct negligence, fraudulent misrepresentation, and/or anything else that cannot be excluded or limited by Indian law.

Website Content

you understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that Tribevibe shall not have any liability to you for any Service content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. you use the Service, and rely upon any Service content accessible through the Service, at your sole risk.

The Website makes no representation that the Service, any third party services, and Service content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.

your Use of the Website.

The Website, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Tribevibe and its licensors. Except for the limited licenses expressly granted to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this Agreement, either expressly, or by implication, estoppel or otherwise. you may access the Website solely as intended through the provided functionality of the Service and as permitted under this Agreement and shall at all times abide by the terms set forth herein. Further:

  • you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Tribevibe’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Tribevibe’s express written consent: (i) altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and (ii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Tribevibe or obtained from the Services.
  • you agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Platform designed to control the manner in which the Services are used, harvest or mine content from the Services, or otherwise access or use the Services in a manner inconsistent with individual human usage.
  • you agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Services, including any Service content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Tribevibe.
  • you agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Tribevibe’s employees and other users.
  • you agree not to provide any false personal information to Tribevibe or any other user, or create a false identify or impersonate another person or entity in any way.
  • you agree not to restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person, or collect information about users.
  • you agree not to gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services.
  • you agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services.
  • you agree not to interfere with or disrupt the Services, or networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers.
  • you agree not to violate any applicable laws and/or regulations or this Agreement.
  • you agree not to assist or permit any persons in engaging in any of the activities described above.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, advertise, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Tribevibe on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to this website

you are not allowed to create a link to any page of our Website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from our Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. you should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Tribevibe will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to Tribevibe’s Services and the full content of our Website.

Communication

We have several different e-mail addresses for different queries. These, and other contact information can be found on our Contact Us link on our Website or via Tribevibe literature or via Tribevibe’s stated telephone, facsimile or mobile telephone numbers.

Tribevibe may send alerts to the mobile phone number provided by you while registering with the Platform for the Services or on any updated mobile number subsequently provided by you on the Platform, or via e-mail or push notifications. The alerts will be received in case of sms, only if the mobile phone is in ‘On’ mode to receive the sms, in case of e-mail, only if the e-mail servers and e- mail IDs are functional and accessible, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or IDs are not functional/accessible or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.

Tribevibe will make best efforts to provide alerts via sms/e-mail/push notifications and it shall be deemed that you shall have received the information sent from Tribevibe as an alert on the mobile phone number or e-mail ID provided during the course of, or in relation to, using the Platform or availing any Services. Tribevibe shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. you cannot hold Tribevibe liable for non-availability of the sms/email alert/push notifications service in any manner whatsoever.

The sms/e-mail alert/push notification service provided by Tribevibe is an additional facility provided for your convenience and it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, Tribevibe shall be immediately informed about the same by you and Tribevibe will make best possible efforts to rectify the error as early as possible. you shall not hold Tribevibe liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the sms/e-mail alert/push notification facility.

The clarity, readability, accuracy and promptness of providing the sms/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Tribevibe shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

You will indemnify and hold harmless Tribevibe and the sms/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Tribevibe or the sms/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by you or improper or fraudulent information provided by you; and/or (ii) incorrect number or a number that belongs to an unrelated third party provided by you.

Intellectual Property Rights

Intellectual Property Rights (“IPR”) for the purpose of these TNCs shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to our Website.

All IPR on the Website exclusively belong to either us, our Website or our third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or seller during or pursuant to its use of the Website for any purposes whatsoever.

All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Tribevibe Entertainment Private Limited and/or its affiliates as the owner of such domain name.

The User hereto agrees and confirms that no part of any IPR mentioned hereinabove is transferred in the name of User and any IPR arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.

Every User hereby grants Tribevibe a perpetual, non-revocable, worldwide, royalty-free and sub- licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Tribevibe shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.

Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any IPR through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such IPR.

The Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies, or legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.

The Tribevibe Services and the Tribevibe Platform are owned by Tribevibe and operated by it and/or its designated person/s. 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 Tribevibe (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Tribevibe, all Materials, trademarks, service marks, and trade names contained on the Platform are the property of Tribevibe. You agree not to remove, obscure, or alter Tribevibe 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/ Platform. Except as expressly authorized by Tribevibe, you agree not to 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. Tribevibe reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and/or the Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Tribevibe, and shall assign to Tribevibe, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Account Suspension

You agree that Tribevibe, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your Account (or any part thereof) or your use of any of the Services/ Platform and remove and discard on the Platform all or any part of your Account, your user profile, or your recipient profile at any time. Tribevibe may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services/ Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Tribevibe will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Tribevibe may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services/ Platform.

Privacy Statement

When you create your registered Account you will provide Tribevibe with personal information. Our Privacy Policy explains how we treat and protect your personally identifiable information and data (“Personal Information”) when you use our Platform. The terms and conditions of our Privacy Policy located on a link on this Website are expressly incorporated into these TNCs.

Limitation of Liability

The information on this Website is provided on an “as is” basis. To the fullest extent permitted by law, Tribevibe excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Tribevibe’s literature; and excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Tribevibe of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

We are not responsible for any disputes or disagreements between you and any third party (including but not limited to any of our contracting parties) you interact with, using the Service. However, to the extent disputes between users arise in connection with the use of the Service, you assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party and not involve us/our affiliates in any manner. You release Tribevibe, its affiliates and their officers, shareholders and directors of all claims, demands, and damages in disputes among users of the Service. Use caution and common sense when using the Service. In no event will Tribevibe be liable for any damages whatsoever, whether direct, indirect, general, special, exemplary, compensatory, consequential, and/or incidental, arising out of or relating to including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user or third party on the service; (v) your reliance on content or data made available by us; (vi) the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress obtained through the services. Tribevibe expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that arise or related in any way to the services, the information provided through the services and the services provided by or to any user of the services.

In no event will Tribevibe, its officers, directors, shareholders, employees and/or agents, be liable to you for any indirect, incidental, special, punitive or consequential damages of any kind arising out of or in connection with your use of the services and/or application, whether the damages are foreseeable and whether or not Tribevibe has been advised of the possibility of such damages. In no event will Tribevibe’s cumulative liability to you, for all claims regardless of type, exceed fifteen rupees. In addition, from time to time, various entities may sponsor reward points, offers and other rewards as part of a service (“sponsors”). You hereby waive and disclaim any and all liability claims against sponsors relating in any way to your use of the services or any such rewards. You agree that sponsors are third party beneficiaries of the terms, and may enforce its provisions directly.

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.

This paragraph shall survive termination of this Agreement.

Indemnity

You agree to defend, indemnify, and hold Tribevibe, its affiliates and partners, their officers, directors, shareholders, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services and/or the Platform; (ii) your violation of the TNCs; or (iii) your violation of any third party right, including without limitation any IPR, publicity, confidentiality, property or privacy right. Tribevibe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Tribevibe, including rights to settle, and you agree to cooperate with Tribevibe’s defense and settlement of these claims.

You hereby expressly release Tribevibe its affiliates, their officers, directors, shareholders, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of our partners/sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

This paragraph shall survive termination of this Agreement.

Force Majeure

We shall not be liable to you for any failure to perform any obligation under this Agreement or any other Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If we are affected by such event, we shall forthwith inform you of the same through our Platform and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure by us to insist upon strict performance of any provision of this or any Agreement or the failure by us to exercise any right or remedy to which we are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.

Applicable Law

The courts in Mumbai, Maharashtra shall have exclusive jurisdiction in respect of any matters arising herefrom. Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. By using this Website, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by arbitration in Mumbai in accordance with the provision of the Arbitration and Conciliation Act, 1996 in English through the sole arbitrator appointed by us. Confidentiality of any and all such arbitration and the entire process shall be the responsibility of both parties.

This paragraph shall survive termination of this Agreement.

General

  • You shall not violate any TNCs.
  • The TNCs are the entire agreement between you and Tribevibe concerning the Platform and ithe Services, and supersede all prior or contemporaneous communications between you and Tribevibe with respect to matters contained herein.
  • If any provision of the TNCs is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
  • No waiver of any term of the TNCs shall be deemed a further or continuing waiver of such term or any other term, and Tribevibe’s failure to assert any right or provision under the TNCs shall not constitute a waiver of such right or provision.
  • Tribevibe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tribevibe’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line- noise” interference).
  • These TNCs are personal to you, and are not assignable, transferable or sub-licensable by you. Tribevibe may assign, transfer or delegate any of its rights and obligations hereunder without requiring your consent.
  • No agency, partnership, joint venture, or employment relationship is created as a result of these TNCs and neither party has any authority of any kind to bind the other in any respect.

Notice

Tribevibe may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Tribevibe must be sent by courier or registered mail at [●].

Notification of Changes

We reserve the right to modify these TNCs or any additional terms that apply to the Platform and/or the Services, at any time without any notice. You should review these TNCs regularly. Your continued access or use of the Platform and/or the Services after the TNCs have been revised constitutes your express consent to the modified TNCs.