Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.jabrafan.com website and JabraFan application and/or web page for mobile and handheld devices.


Terms of Use

These terms of use (the "Terms of Use") govern your use of our website www.jabrafan.com (the "Website") and our "JabraFan" application/website for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with JabraFan and you signify your acceptance to the Terms of Use and other JabraFan policies (including but not limited to the Cancellation and Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.


The Platform is operated and owned by Avkash Algorithms LLP, a company incorporated under the Companies Act, 1956 and having its registered office at 603, Abhishree Adroit, Nr Mansi Circle, Vastrapur, Ahmedabad - 380015, Gujarat, India. For the purpose of these Terms of Use, wherever the context so requires, "you" shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms "JabraFan", "we", "us" or "our" shall mean Avkash Algorithms LLP.


JabraFan enables transactions between participant Creators/artists and Fans/buyers, dealing in Fan connect services ("Platform Services"). The Fans/buyers ("Fan/s") can choose and buy Fan pass/es ("Fan Pass/es") from variety of Creators and artists (" Creator/s"), on the Platform and JabraFan enables fulfilment of such Fan Pass/es ("Fulfilment Services"). The Platform Services and Fulfilment Services are collectively referred to as "Services".


Amendments

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other JabraFan policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other JabraFan policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other JabraFan policies. As long as you comply with these Terms of Use, JabraFan grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and JabraFan policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.


Your Account

When you create an account on the Platform you must provide us with accurate information. To create an account you must be at least 13 years old. To buy a Creator’s Fan pass as a Fan, or provide a Fan pass as a Creator, you must be at least 18 years old or have your parent’s permission.


Abusive Conduct

You are responsible for all activity on your account. If you violate our policies we may terminate your account.

Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a Creator offering Fan Pass/es on the Platform, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your Fan Pass/es off our Platform.


All About Being a Creator
FAN PASSES

To become a Creator simply launch your page to start your Fan Passes. Fan Passes are for your most passionate Fans. You’re inviting them to be part of something exciting that gives them unique benefits they want, like additional access, merchandise, exclusivity, and engaging experiences. In exchange, Fans pay on a fee basis.


CONTENT

As a Creator, you will provide information including but not limited to text, images, URLs, prices for your page on the Platform.


PAYMENTS

As a Creator you make your Fan Passes available on Platform, and we provide Fan Passes to your Fans on a price set by you. We also handle payments issues such as fraud, chargebacks and resolution of payment disputes.

We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payouts for violations of our policies or for compliance reasons, including collecting tax reporting information. When payouts are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payout, please reach out to us. In order to protect Creators, we may block Fans’ payments if we believe them to be fraudulent.

Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we may recover those funds from future payments.


FEES

The Net Creator Revenues for the Fan Passes will be split 85% to you and 15% to us.

"Net Creator Revenues" means the total revenues actually received by us from Fans who have purchased Fan Passes, less any: (a) billing and payments costs and all costs associated with transactions, which may include monthly and per-transaction processing charges, and merchant bank fees; (b) actual tax amounts related to the generation of such gross revenues to be paid to Government entities, including GST and other taxes; and (c) returns, refunds, chargebacks, discounts, and credits.


TAX

We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.


GUIDELINES

We don’t allow creations and benefits that violate our policies:

  • Illegal content or Fan Passes.
  • Content or Fan Passes that are abusive towards other people.
  • Content or Fan Passes that use others' intellectual property, unless you have written permission to use it, or your use is protected by fair use.
  • Content or Fan Passes with real people engaging in sexual acts.
  • Fan Passes that involve raffles or prizes based on chance.

If your Fans include people under the age of 18, then please remind them that they need permission to buy your Fan Passes, and those under the age of 13 cannot use the Platform. We are not required to allow any particular person or group of persons to be your Fan.

An account is tied to your creative output and cannot be sold or transferred for use by another Creator.


All About Being a Fan

To become a Fan simply visit your favourite Creator’s page, select a Fan Pass and complete payment!

If a Creator does not fulfill request for the Fan Pass bought by you in promised time-span, you can request a refund.

In certain situations you may lose access to a Creator’s Fan-only posts and benefits. These include when you ask for a refund for your Fan Passes, your payment method fails, the Creator blocks you, or the Creator deletes their account. We are not required to allow you to be a Fan of any particular Creator.

Creators’ Fan Passes vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent Creator pages, but cannot guarantee the identity of Creators or the validity of any claims they make. We appreciate your help reporting suspicious Creator pages so we can keep JabraFan safe.

Depending on your location, some banks may charge you a foreign transaction fee for your Fan Passes. JabraFan does not control this charge, but it is typically around 3%. Please contact your bank for more information.


JabraFan’s Role

We proactively look at some pages and posts on the Platform to make sure Creators follow our guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through JabraFan.

In most situations we will work with Creators to resolve any potential violations and allow the Creator to continue using the Platform. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

Please let us know if you see potential violations of our guidelines. You can report them at support@jabrafan.com.

We are constantly testing out new features with the goal of making the Platform better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your account on the Platform or perform actions on your behalf. This permission is asked for when you connect your account to these other websites or services.


Account Deletion

You can permanently delete your account at any time by mailing us at support@jabrafan.com.

We can terminate or suspend your account at any time at our discretion. We can also cancel any Fan Pass, remove any content and make changes to page content at our discretion.

You may not bring a claim against us for suspending or terminating another person’s account, and you agree that you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.

These terms remain in effect even if you no longer have an account.


Your Creations

You keep full ownership of all creations, content and/or Fan Passes that you offer on the Platform, but we need licenses from you to operate the Platform effectively.

By posting creations on the Platform you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote Fan Passes to your Fans. We will never try to steal your creations or use them in an exploitative way. We may use your content, page link and name to promote the Platform on channels including but not limited to our Website, social media, ad networks and offline marketing mediums.

You may not create/post content or Fan Passes that infringe others' intellectual property or proprietary rights.

Fans may not use content or Fan Passes posted by Creators in any way not authorized by the Creator.


JabraFan's Creations

Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your JabraFan page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.


Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of the Platform. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, partners, employees, agents and third party service providers.


Warranty Disclaimer

The Platform is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.


Limit of Liability

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of the Platform. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of the Platform. We are specifically not liable for loss associated with unfulfilled Fan Passes and from losses caused by conflicting contractual agreements.

For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors, partners, employees, agents and third party service providers.


Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Ahmedabad, India.


IP Notice and Take Down Policy

JabraFan has put in place IP Notice and Take Down Policy (" Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing content is removed from the Platform.

Only the intellectual property rights owner can report potentially infringing content or Fan Passes through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

(Note: JabraFan does not and cannot verify that Creators have the right or ability to sell or distribute their listed Fan Passes. However, JabraFan is committed ensure that content and/or Fan Passes do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to JabraFan.)


Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Format of notice of infringement

To,

Avkash Algorithms LLP,

603, Abhishree Adroit, Nr Mansi Circle,

Vastrapur, Ahmedabad – 380015

I, <<insert name>>___ ____ ___ ____ _____ ____ of <<insert address>> ___ ____ ___ ____ _____ ____ do solemnly and sincerely declare as follows:

1. I am the owner of certain intellectual property rights, said owner being named ___ ____ ___ ____ _____ ____ (" IP Owner").

2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.

3. I may be contacted at:

Name___ ____ ___ ____ _____ ____ ___ ____ ___ ____ _____ ____ ___ ____

Designation/Title & Company___ ____ ___ ____ _____ ____ ___ ____ ___ ____ _____ ____

Postal Address (with Pin code)___ ____ ___ ____ _____ ____ ___ ____ ___ ____ _____ ____

Email Address (correspondence)___ ____ ___ ____ _____ ____ ___ ____ ___ ____ _____ ____

Telephone/Fax___ ____ ___ ____ _____ ____ ___ ____ ___ ____ _____ ____

I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.

Declared by <<insert name>>___ ____ ___ ____ _____ ____

on <<insert date>> ___ ____ ___ ____ _____ ____ at <<insert place>> ___ ____

Truthfully,

Signature ____ _____ ____

(Important Note: (a) JabraFan shall be unable to process requests which do not specify exact IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time. (b) JabraFan shall not consider an incomplete request. (c) JabraFan's response to such request will include removing or disabling access to material claimed to be the subject of infringing activity. For a detailed term of use of our Platform, please visit  Terms and Conditions).


Grievance officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Keyur Raval

Avkash Algorithms LLP

Reg Office: 603, Abhishree Adroit, Nr Mansi Circle,

Vastrapur, Ahmedabad – 380015, Gujarat, India

Phone: +91 - 91066 98854

Email: grievances@jabrafan.com

Time: Mon - Fri (12:00 - 19:00)

Avkash Algorithms LLP

Address
603, Abhishree Adroit
Nr Mansi Circle
Vastrapur
Ahmedabad - 380015
Gujarat, India

Email
hi@jabrafan.com

Phone
+919106698854