Terms and Conditions
By creating a login account, “You”, in the capacity of sponsor of a brand promotion engagement
campaign, hereby agree to the following Terms and Conditions, as stipulated by Cedreto Marketing
Private Limited, a company incorporated under the Companies Act, 2013 and validly existing under and
having its registered office at M-17, Gyan Deep Sagar Vihar Colony, Vaishali Nagar, Ajmer Rajasthan –
305001, India (hereinafter referred to as “DYT” or “the Company” which expression shall unless
repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns).
You and DYT shall, for the context of these Terms and Conditions, be individually be referred to as “Party”
and collectively as “Parties”.
You present yourself as a competent individual or an entity organized under the applicable laws
who/which intends to engage an Influencer through the portal of the DYT. You intend to leverage DYT’s
portals (as defined hereunder) for floating a promotional campaign for your brand, products and/or
services, may be referred as convenient and in general parlance, by directly offering certain details and
terms of reference and engagement to an Influencer, without any intervention of DYT and subject to
DYT’s commission or professional fees. In consideration thereof, You hereby agree to these terms and
For the purpose of these terms and conditions, an Influencer will mean and include any individual or
person who has a considerable following on various or any social media portals and the capacity to induce
other individuals or persons to take any action or omission thereof.
B. Representations, Warranties and Covenants
You hereby represent and warrant that:
i)You shall not, during any stage, situation or time or through any communication medium,
portal or method, make any statement, orally or in writing, or do any act to as will disparage,
mislead defame, tarnish or negatively impact the DYT’s image and/or reputation or goodwill.
ii) You shall not impersonate yourself to be somebody different.
iii) All the information shared by You at the time of creating an account are true, complete and
iv) You have been provided administrative rights to your account on the DYT portals (including
but not limited to web and mobile facilitation portals), without any intervention from DYT.
Therefore, You are responsible for all activity that occurs under your account. Accordingly,
You shall diligently comply with all transactional and commercial terms, as agreed by You with
Influencers through the administrative facility of the DYT portals.
v) You shall abide by policies of DYT, as notified and amended by DYT from time to time.
vi) The campaign created by you on the DYT portals, including validity of product and/or services
forming the subject matter of such campaign, will comply with all applicable laws and any
deviation, exception or non-compliance thereof will solely be your responsibility. DYT shall be
eligible to be indemnified for such deviation, exception or non-compliance on your part including
cessation of the specific campaign.
C. Term and Termination
These terms and conditions shall become applicable immediately on your acceptance to create an
account on the DYT platforms and will remain effective until your account is subsisting on the DYT platforms (whether in live, active or dormant state whatsoever). Provided however that conditions and Your acceptance pertaining to Sections B, D, E, F, G H, I & J of these terms and conditions shall survive the termination of these terms and conditions. In the event that any of these terms and conditions or part thereof is noticed to be in violation or non-
compliance, DYT retains the right to suspend or terminate these terms and conditions or amend any of its constituents at any given point.
D. Violation of Terms / Suspicious Activity
If it is found that you have violated any of the conditions as mentioned under these terms and conditions,
we reserve the right to suspend your account without prior notice to you. If we have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your participation in all events, under specific instructions from your end.
and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you on may be shared with our
affiliates or partners, and/ or used by us.
F. Limitation of Liability
In no event shall DYT, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether DYT has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, our portal/page.
In no event shall DYT’s total cumulative liability to You in connection with your
participation/interaction for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net amount paid pursuant to the engagement, till the date of claim.
You agree to defend, indemnify and hold harmless DYT, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:
a. your use of and access to the page;
b. your violation of any of these terms;
c. your violation of any third party right, including any intellectual property right or privacy right;
d. the committing of any of the prohibited activities as stated here;
e. your failure to be in compliance with applicable law, including tax regulations; or
f. any claim that your online participation your platform/page caused damage to a third party.
H. Governing Law and Jurisdiction
Terms and conditions, set herein, shall be governed by the laws of India only. All disputes arising under the terms and conditions shall be attempted to be resolved through negotiations. Only in case, such negotiations are unsuccessful, the User shall resort to legal recourse, which shall be subject to the exclusive jurisdiction of the competent courts in Gurugram only. All claims and disputes arising
under the terms and conditions should be notified to DYT within 7 working days from the event date.
Both Parties agree and undertake not to disclose, reveal to any third party or make public (by any means/medium whatsoever) any information, details, business plans, IT infrastructure and architecture, sales promotions and publicity materials, marketing materials or products information, etc.; learned of, discovered by or supplied to the other Party in any form, in the course of performing
services hereunder (“Confidential Information”). Any and all information shared by either Party shall be deemed to be confidential and proprietary information and the exclusive property of the disclosing Party and shall be treated as part of the Confidential Information. The recipient Party agrees and undertakes to not use any such information of the other Party / disclosing Party for any
purpose other than as required pursuant to these terms and conditions and not to disclose such information to any third party without the prior, written consent (emails permitted) of the disclosingParty.
J.Intellectual Property Rights
DYT shall unconditionally own and possess the Intellectual Property Rights of the content created, posted, submitted or received vide its portals. Such rights would include, without limitation, the right to content ownership, the right to repost, modify, amend, re-publish, right to re-use the concept,
idea, thoughts etc. in the respective content, once submitted to DYT, whether interim or final. You shall not assert or claim any right whatsoever on the content, whether complete or partial at any time or under any circumstances.
Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted
under or breached these terms and conditions for failure or delay in fulfilling or performing any part of these terms and conditions to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party including but not limited to fire, epidemic, change in law, pandemic, floods, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority
or the other Party.
If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms and conditions but the legality, validity and enforceability of the other provisions in these terms and conditions shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid
and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these terms and conditions. These terms and conditions constitute the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous
agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
No waiver by any Party of any breach by the other of any of the provisions of these Terms and
Conditions shall be deemed a waiver of any preceding or succeeding breach of the same or any other provisions hereof. No such waiver shall be effective unless in writing and then only to the extent expressly set forth in writing.
L.Relationship between Parties
The relationship between Parties is on ‘Principal to Principal’ basis. Nothing contained in these terms and conditions shall constitute or be construed to be or create an employee-employer, partnership, agency or joint venture between the Parties.