This is an Agreement between you and PRALEKH ONLINE VENTURES LLP, an Indian Company with registered office at D,78 Nangloi 1st Floor New Delhi 110041 IN (hereinafter – “Blinkr Media”) that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and services (referred to collectively as the “Services”) we make available through https://blinkrmedia.com/ (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.

Here at BLINKR MEDIA we believe that all influencer posts should be transparent and put consumers first. Therefore, both Influencers and Brands need to ensure that no campaign or post is false or misleading and must disclose the fact that the Influencer is being paid by the Brand. ONE BLINKR MEDIA expects that all users comply with all applicable Laws and industry self-regulation relating to influencer marketing, including the Advertising Standard Council of India (ASCI), AANA Guidelines (AU), CAP Code (UK), and Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (USA) as applicable to each Brand. This means that all influencer marketing posts which are being facilitated through BLINKR MEDIA should be transparent and labelled with appropriate disclosures, such as #ad. We expect Influencers and Brands to keep themselves up to date with the latest best practice on how to label influencer marketing posts in a transparent way in order to make sure that consumers are clear about the commercial nature of the sponsored posts.

These Customer Terms of Service (the “Agreement”) shall outline the mutual understanding between the Parties. The Parties hereto agree as follows:

#Introduction

These terms and conditions govern your use of the website https://blinkrmedia.com/ ( hereinafter referred as “Website”). PRALEKH ONLINE VENTURES LLP (hereinafter referred to as ‘company’) is the sole and exclusive owner of the Blinkr media, owned and registered solely and exclusively in its name. By using Blinkr media in any manner whatsoever and in any capacity whatsoever, you accept these terms and conditions in full.

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of applicable laws, including the Consumer Protection (E-Commerce) Rules 2020, that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Platform. Further, platform for the purposes of this documents means the Blinkr Media. This electronic record is generated by a computer system and does not require any physical or digital signatures.

#User Account

To utilize our Services, you will not be required to create a User Account with a username and password, as Blinkr Media does not support user accounts or login portals. Instead, we collect and securely store basic information from creators and brands, such as name, email address, and contact number.

By engaging with Blinkr Media, you agree to provide accurate and up-to-date information. You are responsible for any activity conducted through your data and must ensure the information you provide is not misleading or impersonative.

While you are not issued a User ID, you acknowledge that Blinkr Media may retain the right to manage and process your provided information in accordance with our Privacy Policy. Any updates or communications regarding your engagement with Blinkr Media will be sent to the email address you provide. You may opt-out of these communications at any time.

By interacting with our Services, you represent that you have the authority to act on behalf of any business entity you represent and that you will comply with all applicable laws and regulations regarding your activities on our platform.

Blinkr Media will not be liable for any loss or damage resulting from the misuse of your provided information. If there are any concerns regarding the accuracy or completeness of your information, we reserve the right to suspend further engagement.

#Use of the Website

By accessing and using the Website, You acknowledge that You are responsible for your actions. You represent and warrant, to the best of your knowledge that:

You have all the necessary rights, power and authority to enter into these Terms of Service and to fulfil your contractual obligations hereunder;

Any and all information You post or provide is true, accurate and not misleading and that You will not allow any other person or entity to use your User Account;

The information and User Content You provide, upload, post, e- mail, transmit, or otherwise make available to Us, or on the Website, including without limitation reviews, trademarks, logos,
screenshots and videos is accurate and free of third-party encumbrances;

You will, when approving or providing User Content on the Website, adhere to all the applicable guidelines and bear all liability related to your submission of such Content:

You will not post or otherwise provide User Content that is unlawful, defamatory, infringing, libelous, abusive, disparaging, pornographic, invasive of another’s privacy, promotes illegal activities/conduct or violates applicable laws or regulations;

You will not post or otherwise provide User Content that You do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information, learned or disclosed as part of employment relationships, or information protected under nondisclosure agreements);

You will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;

At Our discretion, We may, but are not obligated to, monitor and terminate User activity on the Website, and/or edit or remove User Content, which violates or otherwise fails to comply with these Terms of Service.

#Digital Marketing Services Terms

These Terms govern your engagement with Blinkr Media’s digital marketing services, including but not limited to social media marketing, influencer campaigns, content creation, and paid advertising. By utilizing Blinkr Media’s services, you agree to comply with these Terms and the following conditions.

Service Agreement & Scope
Upon agreeing to a project or campaign, Blinkr Media will provide digital marketing strategies tailored to the brand’s needs. The scope of work, deliverables, and timelines will be discussed in detail and documented in the project brief or contract. Any modifications to the original agreement must be approved in writing by both parties.

Content Ownership
All content, including social media posts, blog articles, and promotional materials created by Blinkr Media for campaigns, is subject to copyright and remains the intellectual property of Blinkr Media unless explicitly transferred in the agreement. Brands may use the content as agreed upon, but Blinkr Media retains rights to use it in portfolios or case studies, showcasing their expertise.

Campaign Performance
While Blinkr Media uses data-driven strategies and best practices, the success of campaigns may vary due to factors outside of our control, including platform algorithm changes, audience behavior, or external market factors. Blinkr Media does not guarantee specific outcomes such as follower growth, sales, or conversion rates but aims to optimize and continuously refine strategies for the best possible results.

Payments & Fees
All payments for services must be made as outlined in the agreement or invoice, typically divided into stages or milestones. Failure to meet payment deadlines may result in a halt in services or termination of the agreement. Blinkr Media reserves the right to charge late fees on unpaid invoices.

Confidentiality
Both Blinkr Media and the client agree to keep any proprietary or sensitive business information confidential. This includes marketing strategies, customer data, campaign results, and other shared information during the working relationship. The confidentiality agreement remains in place even after the project’s completion or termination.

Third-Party Platforms & Liability
Blinkr Media often works with third-party platforms such as Google Ads, Facebook, Instagram, etc., for campaign management. Any disruptions or changes in these platforms are beyond Blinkr Media’s control. The company is not liable for any losses arising from third-party platform changes, downtime, or policy shifts that affect the campaign’s performance.

Termination of Agreement
Either party may terminate the agreement with a written notice, typically 30 days in advance. Upon termination, Blinkr Media will hand over any remaining deliverables that were completed before the termination notice, and the client is responsible for payments due until the termination date.

#Confidentiality

“Confidential Information” means all non-public information, in any form and on any medium, whether or not designated by a party (the “Disclosing Party”) as confidential and disclosed by such party to
the other party (the “Receiving Party”) under this Contract, regardless of the form of disclosure, and includes without limitation and without the need to designate as confidential and related documents and information: BUT DOES NOT INCLUDE any information to the extent, but only to the extent, that such information becomes or is: (a) already known to or in the possession of the Receiving Party free of any restriction at the time it is obtained from the Disclosing Party; (b) subsequently learned by the Receiving Party from an independent third party free of any restriction and without breach of this Contract or any Contract with such third party: (c) publicly available through no wrongful act of the Receiving Party: or (d) independently developed by the Receiving Party without reference to any Confidential Information, as evidenced by the ordinary business records of the Receiving Party.

#Intellectual Property Rights

Other than content You own, which You may have opted to include on this Website, under these Terms of Service, Blinkr Media own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

#Your Content

By submitting Your Content, You guarantee that you have the legitimate rights to use the Content you have provided. You must not infringe any intellectual property rights of others through your Content. You grant Blinkr Media unrestricted, sub-licensable. royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, reproduce, and sell Your Content for the purposes of providing You with the requested services and carrying out Blinkr Media legitimate business interests. You understand and agree that Blinkr Media has no obligation to monitor or review Your Content. Blinkr Media reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms of Service or may harm the reputation of Blinkr Media.

#DISCLAIMER

EXCEPT AS SPECIFICALLY SET FORTH HEREIN (1) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION, WHILE THE WEBSITE MAY SERVE AS A PLATFORM TO HOST: INCLUDING BUT NOT LIMITED TO: SOFTWARE/PLATFORMS/AGENCIES/TOOLS AND SERVICE AND PRODUCT LISTINGS, WE ARE NOT RESPONSIBLE FOR ENSURING THE LEGAL AND/OR REGULATORY COMPLIANCE OF ANY SERVICE MADE AVAILABLE ON THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.

#Indemnification

The User (in its capacity as “Indemnitor”) agrees to indemnify. defend and hold harmless Blinkr Media, its agents, affiliates and employees (in its capacity as “indemnitee”) from and against any and all third-party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys fees) arising out of or relating to User’s respective violation of these Terms of Service, except to the extent such losses and expenses arise from the negligence or wilful misconduct of Indemnitee.

#Limitation of Liability

We will not be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to use of service, Users’ use of the Website, including without limitation, loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of such damages.

#Termination

We reserve the right, in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) the service, or any part thereof if we believe that User is violating these Term of Service. If the User uses or attempts to use the Website for any purpose that contravenes these Term of Service (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of the Website), the User may also be subject to civil and criminal liability.

#Severability

If any provision of these Term of Service is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Term of Service unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

#Assignment

Blinkr Media shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Term of Service without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Term of Service.

#Force Majeure

Blinkr Media will not be liable for any failure or delay of performance under these Terms of Service resulting from a force majeure event beyond its reasonable control, including, without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes, power failures, epidemic and pandemic.

#Governing Law

These Terms of Service, including non-contractual rights and obligations arising out of or in connection with these Terms of Service, shall be governed by the laws of India. Any legal proceedings arising out of these Terms of Service or relating thereto, shall be instituted in Courts of Delhi, India only.

#Waiver & Severability

Our failure to act with respect to a breach of these Terms of Service will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms of Service.

#Entire Agreement

These Terms of Service along with the documents referred to herein, constitute the entire and exclusive agreement between Blinkr Media and the User with regard to User’s use of the service through this Website.

#International Users

If you access the Site from a location outside the India, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.

#Entire Contract

These Terms of Service constitute the entire and exclusive understanding and agreement between Blinkr Media and you regarding the Service and supersede and replace any and all prior oral or written understandings or agreements between Blinkr Media and you regarding the same.

#Contact

You may contact Blinkr Media via:

E-mail: connect@blinkrmedia.com

Web: https://blinkrmedia.com/contact/

#Revision

We may periodically update or modify the terms and conditions related to Blinkr Media’s Website and Services. These changes could include additions, alterations, or discontinuations of certain provisions. You can identify the applicable terms by checking the “LAST UPDATED” section below. It is your responsibility to stay informed about any changes. Please review this page regularly to remain familiar with the updated Terms & Conditions. Your continued use of Blinkr Media, in any capacity, constitutes acceptance of the latest terms.