TERMS AND CONDITIONS

These terms and conditions (T&C) of Mobavenue Media Private Limited (“Mobavenue” or “Company” or “We” or “Us” or “Our”) govern your (“User” or “you” or “your” or “yours”) usage of our website and mobile application namely EarnX including all future releases of the App. For the purpose of these terms and conditions, the Website and the App shall collectively be referred to as the Platform.

The permission given by Mobavenue to access the Platform shall not convey any proprietary or ownership rights in the Platform. You shall not attempt to modify, translate, disassemble, reproduce, decompile, or reverse engineer the software/hardware underlying the Platform or create any derivative product based on the Platform and not all the products and services offered on the Platform are available in all geographic areas and you may not be eligible for all the products or services offered by Mobavenue on the Platform. Mobavenue reserves the right to determine the availability and eligibility for any product or service.

The content contained on the Platform, is provided for general information only and should not be used as a basis for making business/commercial decisions. Further, the content on the Platform should not be regarded as an offer, solicitation, invitation, advice or recommendation to enter into any transaction with Mobavenue. You are solely responsible for any act or transaction undertaken by you.

You agree to be bound by the T&C either by the way of consent or by use of the Platform. Please read the T&C carefully before registering on, accessing, browsing, downloading, or using the Platform.

PRIVACY

Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use the Platform. Mobavenue is concerned about the safety and privacy of all its users and shall protect personal information as per reasonable standards and procedures.

We will not share or sell any of your information with any third party, except as specifically described in our privacy policy, which is hereby incorporated by reference into these T&C.

USER ELIGIBILITY

The access to the Platform and the Services is only available to a person who is competent to enter into legally binding contracts under the Indian Contract Act, 1872. The access to the Platform and the Services is not available to anyone previously removed by Mobavenue from accessing the Platform or the Services, unless permitted by Mobavenue at its sole discretion.

REPRESENTATIONS

If you access the Platform, you represent to Mobavenue that:

  1. You are a human being and not a bot;
  2. You are 18 years of age or older;
  3. You are competent to enter into contracts under the Contract Act, 1872;
  4. You are not barred or otherwise legally prohibited by the law or by Mobavenue from accessing or using the Platform.      

 

ACCEPTANCE

By registering on, browsing, downloading, using or accessing the Platform, you irrevocably and unconditionally agree and acknowledge the following:

  1. These T&C form a legally binding contract between you and Mobavenue pertaining to the use of relevant service(s) and/ or the Platform;
  2. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity;
  3. You agree that it is your responsibility to independently evaluate, or obtain independent advice from a competent professional of, the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Platform;
  4. Mobavenue has the right to amend, add, remove, and/or modify any portions of these T&C, from time to time, without notice to you, and you agree to comply with such amended T&C. Once posted, those changes will be effective immediately unless stated otherwise. Mobavenue will update you on an annual basis or as otherwise prescribed under applicable law of all the changes or amendments made by Mobavenue to these T&C. It is hereby clarified that any change or amendment made by Mobavenue to these T&C shall come into effect immediately upon posting (unless otherwise specified) and not on the day on which Mobavenue notifies you of those changes. Any failure or delay by Mobavenue to update you of the changes or amendments to these T&C will not impact the validity and effectiveness of those changes or amendments. You will be responsible for reviewing, and You will review these T&C and the Platform for any updates or changes on a regular basis. Continued access or use of the Platform constitutes your irrevocable and unconditional acceptance of the amended T&C.

 

REGISTRATION

In order to access the Platform, You need to open a User’s account with Mobavenue, register on the Platform and complete the authentication process through one of the methods of authentication specified on the Platform, including but not limited to, entering the one-time password (OTP) issued by Mobavenue to You on Your registered mobile number and/ or email. Your access to the Platform will be linked to Your mobile device/ laptop/ desktop. You agree and acknowledge that Your location details may be tracked during the registration process. You may be required to open additional accounts for the purpose of availing different Services on the Platform.

 

ACCOUNT DATA CONFIDENTIALITY AND VERIFICATION

  1. At the time of registration of Your account, You are obliged to provide correct and complete information. The login data is intended solely for Your personal use and therefore, is always to be kept secret and safe. You are not entitled to share the login details with third parties for using Services or to disclose these otherwise.
  2. We may require You to provide additional information to verify Your identity as a condition of providing Service(s) to You or before We permit You to use Service(s) through Your relevant account.
  3. You acknowledge and agree that You shall be solely responsible for immediately notifying Mobavenue by contacting on contact@mobavenue.comof any change in Your e-mail address and/or mobile number registered with Mobavenue.

 

ARRANGEMENTS WITH PARTNERS AND AFFILIATES

  1. Where any products and/or services are made available to You through any Partner, such products and/or services will be provided on an as isand as available basis, without any representations and warranties, express or implied by Mobavenue. Mobavenue does not make any representations pertaining to the information, content, products and/or services listed or included on or delivery of any such products and/or services to You through any Partner and only acts as an intermediary between You and the Partner, as the case may be, in addition to providing any services or acting as a service provider or facilitator to any Partner.
  2. You explicitly agree, acknowledge and confirm that Mobavenue is not responsible in any way for the products and/or services purchased and/or availed by You from any Partner.
    1. You hereby acknowledge and agree that Mobavenue shall not be liable for failure of any transaction undertaken by You on any Partner’s platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Partner, deficiency of products and/or services delivered and/or technical errors on the Partner’s platform.
    2. You acknowledge and agree that You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on any Partner’s platform due to Your failure in complying with the Mobavenue Terms and Conditions or due to any other reason and Mobavenue shall have no liabilities in this regard.
    3. You further agree, acknowledge, and confirm, irrevocably and unconditionally, that under the aforesaid circumstances, Your only recourse will be against the relevant Partner(s), as the case may be, and Mobavenue will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself on the one hand and the Partner(s) on the other, as the case may be.

 

PROFILE CREATION AND KYC

  1. To access certain features of the Platform, you are required to create a profile (“Profile”) on the Platform. To create a Profile, you must provide us with your email address and phone number, which we will use to authenticate your identity by generating a one-time- password in accordance with these Terms and Conditions and our Privacy Policy.
  2. To use the Platform and avail Services, and subject to our Privacy Policy, you are (where feasible), required to allow us access information that we may require to provide you with our Services. You have the right to revoke permissions on access to your data at any time, however, it will impair your access to our Platform and the Services.
  3. For availing some Services, You may be required to provide certain Know Your Customer (KYC)and other authentication documents as prescribed under applicable law and as specified under the Terms and Conditions. Please carefully read through the Terms and Conditions to apprise Yourself of the KYC documents required for the Services.

 

COMMUNICATIONS AND INFORMATION

  1. Mobavenue may send alerts to the mobile phone number provided by You while registering with the Platform or on any updated mobile number subsequently provided by You. Mobavenue may also send alerts via e-mail or push notifications.
  2. You will be able to receive the alerts sent: (a)via short messaging service (SMS), only if the mobile phone is in On mode to receive the SMS, (b) via e-mail, only if the e-mail servers and e-mail ids are functional, and (c) via push notifications, only if You have enabled the receipt of such notifications. If the mobile phone is in Off mode or if the e-mail servers or email-ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
  3. Mobavenue will make reasonable efforts to provide alerts via SMSs, e-mails or push notifications and it shall be deemed that You shall have received the information sent by Mobavenue as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using of the Platform or availing of any Service. Mobavenue shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. Mobavenue shall not be liable for non-availability of the SMSs, email alerts, or push notifications service in any manner whatsoever.

 

LINKS TO OTHER WEBSITES

The Platform may contain links to websites maintained by non-affiliated third parties. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of Mobavenue. Note that such external sites are not owned, controlled, or operated by us. Mobavenue does not endorse or recommend, and hereby expressly disclaims any liability, or warranty (express or implied) for, any information or products offered at such websites. Accordingly, Mobavenue encourages you to be aware when you leave the Platform, to read the terms of use and privacy policy of other websites that you visit.

 

LIMITATION OF LIABILITY

In no event shall we, our officers, directors and employees, or our contractors, agents, licensors, partners, or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to abuse or breach of data), even if we or an authorised representative have been advised of the possibility of such damages, arising out of or relating to: (i) these Terms, (ii) the Services, (iii) your use or inability to use the Services, or (iv) any other interactions with another user in connection with the Services. If the foregoing limitation is not enforceable, the maximum liability of Mobavenue shall be limited to INR 1000.

 

JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION

  1. These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
  2. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (one) arbitrator appointed by us. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to know basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

 

NO WAIVER

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision, and Mobavenue’s failure to assert any right under these Terms of Use shall not constitute a waiver of such right.

 

MISCELLANEOUS

  1. Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
  2. Assignment: You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without our prior written consent. We may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. We may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
  3. Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to legal@mobavenue.com. 
  4. Third Party Rights: No third party shall have any rights to enforce any Terms contained herein.

 

GRIEVANCE REDERESSAL MECHANISM

In order to address any questions or grievances that you may have regarding the use of the Services, please:

Email Address: grievance@mobavenue.com 

Address: 111, B Wing, Western Edge II, off Western Express Highway, Magathane, Borivali East, Mumbai- 400066, Maharashtra.

 

This document is published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.