Brandelight Media Solutions Terms of Usage
Updated : 9th October, 2021
This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
Brandelight Media Solutions, a company incorporated under Companies Act, 2013 having registered office at #39, 1st Floor, Opposite Rathinam Tech Zone Campus, Pollachi Main Road, Eachanari – 641021, provides Visual production (Graphic Designing) and Digital marketing services through its website available at Brandelight.com and app.Brandelight.com (referred to as“Platform”).
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR ITS SERVICES.
“Company”,” “we”, “brandelight”, “us”, or “our” means Brandelight Media Solutions and any other companies that are its subsidiaries and affiliates.
“Service(s)” means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“User” or “You” shall mean any person or entity who is a visitor on the Platform and/or shall avail Services on the Platform, or his/her representatives or affiliates who are registered on the Platform.
“Creator” shall mean any User who has created an Account on our Creator Portal and seeks to render Services to Customers via the Platform.
“Customer” shall mean those Users who have seek to avail Services via the Platform.
2. Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Website, Content and/or Services after the Updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Usage, TOS, Agreement made herein shall refer to the latest version of the Terms of Usage.
3. Service(s) provided to Users
- Brand Identity Design
- Marketing and Digital Ads Design
- Web and Mobile App Design
- Video and Motion Design
- PowerPoint Design
- Landing Page Design
- Motion Graphics Design
- Illustration & Infographic Design
- Print, Merchandise & Packaging Design
- Design & Brand Consulting
We provide a Platform that allows to select a design category for creation of services to Customers. Customers who desire to avail visual design production (Graphic Design services) shall reach out to us. Upon receipt of a design production project (“Project”) from the Customer, we shall allocate the Project to a Designer based on the expertise and knowledge area. These projects will be supervised by the art director from start to finish of the project.
By using Platform, you affirm that you are at least eighteen (18) years of age and are fully able, and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform. By accessing the Website or by accessing any of the Services or Content on any other Authorized Device, it is deemed that the User has read and understood and accepted these Terms.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so.
5. Enterprise Account Registration (applicable to body corporate customer).
In order to avail the Services, you must first complete the registration process and create an account in the name of the respective Company (“Enterprise Account”). The terms and conditions associated with the Enterprise Account will be governed by a separate services agreement executed between company and us. Pursuant to this, the designated SuperAdmin of the Enterprise Account shall create individual accounts for authorized members of the company (“Team Account”) with individual login credentials.
If you are using a Team Account:
You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials. Should you login to the Platform using such login credentials, it shall be deemed that your Team Account has been accessed by you or any third-party to whom you have granted access to the Team Account. You agree to notify us or the Company immediately if you suspect or become aware of any unauthorized use of your Team Account or any unauthorized access to the password for any Team Account.
6. User Account Registration
If you are a Customer:
If interested, you may register and create an account for yourself as a Customer by providing information being sought on the Website. Once an Account is created on the Platform, the Customer shall enter into a service agreement with the Company detailing the terms and conditions of the services, rights, liabilities, commercials and obligations associated thereto. You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials. Should you login to the Platform using such login credentials, it shall be deemed that your Account has been accessed by you or any third-party to whom you have granted access to the Account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Usage.
7. Platform License
Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the TOS. The Platform and the intellectual property rights vested therein is owned by the Company.
8. Reworking and Revision
Please refer to our Revision Policy . Our Revision Policy is hereby incorporated into these Terms of Service by this reference.
Applicable to Customers:
You agree to Pay to us any fees for the Services availed by you, in accordance with the pricing and payment plans presented to you by the Company on the platform and the website. Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions.
10. Cancellation Policy
Please refer to our Cancellation Policy. Our Cancellation Policy is hereby incorporated into these Terms of Service by this reference.
11. Use of Your Information and Content and other content displayed on the Platform
We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
Applicable to Customer:
Brandelight Content shall act as the liaison between the Customer. The Customer shall not directly or indirectly attempt to circumvent, avoid or bypass the intent of the TOS, to avoid payment of fees in connection with any Project or enter into a transaction involving any probable Project directly with the designer. You agree to notify the Company immediately if a person suggests to you making or receiving payments other than through the Site in violation of this Section or if you receive unsolicited contact outside of the Site.
13. Third Party Services
14. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
You will not access the Platform, and/or its Services, or the personal information of other Users, available on the Website in order to build a similar or competitive website, product, or service.
You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of Your Profile, or any other breach of security, in relation to Your personal information on the Website.
15. Alerts Provided by The Company
The Company provides you with multiple automatic alerts while providing Services.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
16. Contact You
You agree that we may contact you through telephone, email, SMS, WhatsApp or any other means of communication for the purpose of:
Obtaining feedback in relation to Platform or our Services;
Obtaining feedback in relation to any other Users listed on the Platform;
Resolving any complaints, information, or queries by other Users regarding your Critical Content; and
You agree to provide your fullest cooperation further to such communication by Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to give such feedback confidential.
17. Profile Ownership and Editing Rights
Applicable to Designers and Customers:
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
Excluding Your Account information, you acknowledge that the Website, the entire content, Services, and all the intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets in relation to the above are solely owned by us.
Applicable to Enterprise Accounts:
The terms mentioned apply to Users who access our Platform via Enterprise Account or Team Accounts. In addition to the above, the Company is entitled to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile.
18. Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out any illegal acts in the Platform including but not limited to acts mentioned below:
violating or attempting to violate the integrity or security of the Platform;
transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
intentionally submitting on the Platform any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
running a coded script/algorithm on the Platform to extract any information or perform any activity. All action on the Platform should be done by human interaction, and machine interaction is strictly prohibited;
circumventing or disabling any digital rights management, usage rules, or other security features of the Platform;
Any unlawful activities in the Platform which are prohibited by laws of India.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
19. Company and User Materials
While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use.
The content created as a part of any particular Project whilst rendering Services to any Customer (“Deliverables”) shall remain the property of Brandelight, until such transfer of rights does not occur in lieu of consideration payable as per the Service Agreement entered into between the Customer and Brandelight. The assignment/transfer of rights existing in the Deliverables shall be so assigned or transferred by Brandelight to the Customer as per the terms stipulated in the Services Agreement, till such transfer is effectuated, the Deliverable shall form a part of the Company Materials.
While availing Services, User may submit various materials to Company in the form of audio/video/written content (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement.
We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Website (in whole, or in part) or any of its Services or Content (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Website or its Services, or any part thereof.
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing email@example.com. The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within thirty (30) days of receipt of the complaint.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
Termination/ Suspension of Services:
We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but shall not be obliged to, give you notice of any interruption of access to the Service.
We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
Termination/ Suspension of Accounts:
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY PROJECT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
25. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 1000/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
26. Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
your failure to cooperate;
your unavailability and/or unresponsiveness;
your failure to provide accurate and complete information;
your failure to provide or facilitate the submission of User Materials in timely manner;
any event beyond Company’s reasonable control.
27. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
29. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Email ID: firstname.lastname@example.org
Address: #39, 1st Floor, Opposite Rathinam Tech Zone Campus, Pollachi Main Road, Eachanari – 641021
If you have any questions regarding the Services or usage of the Platform, please contact Company at email@example.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.