Hey Users!!

By continuing to use or access the Platform, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND YOURFIRSTAD IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your expressed or implied acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy. By accepting these User Terms, you also allow yourFirstAd to send you promotional or survey emails from time to time.

1. DEFINITIONS AND INTERPRETATION

• (i) “Account” means the account created by You on the Platform by signing up, for availing the Services provided by yourFirsAd.
• (ii) Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
• (iii) “Brand” means any company incorporated under Company Act,1956 or under Company Act ,2013 and made an account under Brand Category on Our Platform to avail our services. It will include the authorised representative for the Brand.
• (iv) “Creator” means social media influencers who has account (here on social media platforms and made an account under Creator category on Our Platform.
• (v) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of YourFirstAd, elaborated in clause 11.
• (vi) “Parties” will mean You or your authorised representative and yourFirstAd.
• (vii) “Product” will mean all products offered by Brand for our services intending to increase number of users/consumers/customer/client for their product.
• (viii) “Registration Data” means and may include the present, valid, true and accurate name, email ID, phone number and such other information as mentioned on the website. It will also include information which may be required by YourFirstAd from time to time.
• (ix) “Service(s)” will mean the facilitation of marketing/advertising of Brand products by connecting with Creator via our Site, as elaborated in Clause 5.
• (x) “Site” will mean the website operated by YourFirstAd for facilitation of marketing/advertising of yourFirstAd or such other URL as may be specifically provided by YourFirstAd.
• (xi) “Third Party” will include :
  •  a) Creator(s): Firstly, when the context of the clause is expressedly in reference to Brand. Secondly, For any issues or dispute arising between brand and yourFirstAd, Creator(s) will be considered Third Party. This interpretation implies that for clauses there is no expressed reference to Brand but it became a subject of issue or dispute between Brand and yourFirstAd, then Creator will be considered Third Party;
  •   b) Brand: Firstly, when the context of the clause is expressedly in reference to Creator(s). Secondly, For any issues or dispute arising between brand and yourFirstAd, Creator(s) will be considered Third Party. This interpretation implies that for clauses there is no expressed reference to Creator(s) but it became a subject of issue or dispute between Brand and yourFirstAd, then Creator will be considered Third Party.
• (xii) “Third party service provider” will mean Creator (if below 18 years then it will deem to mean their legal guardian or parents) who are selected by Brand for their marketing/advertising of their product and connected via yourFirstAd.
• (xiii) “YourFirstAd” or “YOURFIRSTAD”or “us” or “We” or “our” shall mean yourFirstAd Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its Branch corporate office at BIT Sindri, Dhanbad, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
• (xiii) “YourFirstAd” or “YOURFIRSTAD”or “us” or “We” or “our” shall mean yourFirstAd Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its Branch corporate office at BIT Sindri, Dhanbad, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
• (xiv) “You” means legal Person who has an account on the Site and deemed to mean legal guardian or Person in case Creator is below 18 (eighteen) years of age, as elaborated in clause 2.
• (xv) “User Terms” will mean these terms and conditions.

2. ELIGIBILITY

Transaction on 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 un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. YourFirstAd reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to YourFirstAd's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

3. COMMUNICATIONS

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive such communications periodically,as and when required.

4. REGISTRATION AND ACCOUNT

4.1 The registration on our website is free of cost. You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 4 and by entering Your Registration Data.

4.2 You will ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We will bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

4.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

4.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to suspect that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

4.5 Registered Brand must ensure that your CIN and position in your company must be correct and true and registered Creator must ensure that there Page name is correct as incorrect information may be taken as false and misleading information and might result in deletion of your Account. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all time. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform.

4.6 In case of any unauthorized use of Your Account or You are unable to access Your Account, please email us at info@yourFirstad,com and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

5. SERVICES

5.1 The Site permits you to avail the marketing/advertising services provided by yourFirstAd. The Service allows Brand and Creator to connect and yourFirstAd acts as a faciliator by providing a Platform for connection.

5.2 The Brand have sole and complete discretion to connect with Creator(s) listed on our Site, subject to availability of Creator(s) registered on our Site. The status of such connection is updated on our website. In addition to these User terms, further terms of service between yourFirstAd and the Brand may be communicated by us via email or whatsapp or other mode of communication.

The Creator have sole and complete discretion to connect with the Brand(s) listed on our Site, subject to availability of Brand registered on our site . In addition to these User terms, further terms of service between yourFirstAd and the Creator may be communicated by us and the agreed terms shall be confirmed by email or via whatsapp or other mode of communication.

5.3 yourFirstAd will procure reasonable efforts to connect Brand and Creator, subject to the availability of the Creator and Brand registered with us and the details provided by You.

5.4 By using our Service, You further agree that:

•  i) You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
•  ii) You will not use the Service or Site for unlawful purposes;
•  iii) You will not try to harm the Service, Site or our network in any way whatsoever;
•  iv) You will provide us with such information and documents which we may reasonably request;
•  v) You will not defame our services ;
•  vi) You will only use an authorized network to avail the Service;
•  vii) You will comply with all Applicable Law in India / or from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and
•  viii You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

5.5 YourFirstAd reserves the right to immediately terminate the Service and the use of the website and delete your account from the website in the event of non-compliance with any of the above requirements. Further, YourFirstAd will store the information provided by You or record your calls for contacting You for all Service-related matters. You shall promptly inform YourFirstAd on any change in the information provided by You.

5.6 Registered Brand must be legally allowed to advertise the item(s)/product(s) which Brand propose to endorse/advertise by Creator(s) connected via Our Platform. Brand will not use our services for a product which is obscene or against Public health & safety standards.Brand(s) must ensure that the item(s) / product(s) do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties and acknowledge that Brand will be solely responsible for violation of aforesaid rights.

yourFirstAd reserves the right to delete your account and cancel any agreement with you incase we receive complaints of

•  i) infringement of Third-party intellectual property rights; or
•  ii) information about your Product was misleading; or for reasons we find just and equitable.

5.7 YourFirstAd or an authorised representative of YourFirstAd, will provide information regarding services, discounts and promotions provided by YourFirstAd to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.

5.8 YOURFIRSTAD WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER THAT BELONGS TO THIRD PARTY TO PERFORM YOURFIRSTAD’S OBLIGATIONS UNDER THESE USER TERMS.YOU AGREE AND PERMIT YOURFIRSTAD TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.

5.9 You agree and permit yourFirstAd to share any information provided by You with third parties in order to facilitate your verification and it is subjected to our privacy policy.You agree that You will not hold yourFirstAd responsible for leakage of any data, by such servers as mentioned in clause 5.8 and for any incidental, consequential , direct or indirect damage or scams or any misuse of such information.

5.10 yourFirstAd will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by YourFirstAd jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

6. INTELLECTUAL PROPERTY OWNERSHIP

YourFirstAd alone shall own all right, title and interest, including all related intellectual property rights, in and to the Site, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; text, graphics, user interfaces, visual interfaces, trademarks, logos, artwork and computer code; or other information provided by You or any other party relating to the Site or the Service. Third party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.

7. LICENSE TO USE OR ACCESS PLATFORM

7.1 Subject to Your compliance with these User Terms, YourFirstAd grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to access the Platform or view the content on the Site. Except for the foregoing, no right, title or interest shall be transferred to you in any Content or the Platform.

7.2 You will not (i) modify or make derivative works based upon the Service ; (ii) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (iii) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

7.3 We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that YourFirstAd has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that YourFirstAd, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site or the Service.

8. LIMITATION OF LIABILITY

8.1 yourFirstAd and their representatives, officers, employees, agents will not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from YourFirstAd or Third party's negligence or otherwise).

8.2 The information, recommendations, listing of Brand(s) / Creator(s) for connection and/or Services provided to You on or through the Site, are for general information purposes only and does not constitute advice. YourFirstAd will reasonably keep the Site and its contents correct and up to date.

8.3 yourFirstAd will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. YourFirstAd does not warrant that this site; information or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.

8.4 yourFirstAd will not be liable for .

•  i) Access delays or interruptions to the YourFirstAd web site.
•  ii) The loss of registration or processing of an order.
•  iii) The unauthorized use of Brand (s) information by Creator(s) or vice versa.
•  iv) Deletion of, failure to store, or failure to process or act upon email messages sent by You to YourFirstAd.
•  v) Errors taking place with regard to the processing of the enrolment with Brand/Creator.
•  vi) Any direct, indirect, incidental, special consequential or exemplary damages incurred by You pursuant of his use of the YourFirstAd website.
•  vii) Any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss incurred by You pursuant of his use of the YourFirstAd’s services.
•  viii) Any loss or damage incurred by You as a result of relationship or transactions with advertisers using the Third Party.
•  ix) Changes in or cessation of the YourFirstAd’s services.
•  x) Your failure to keep his account information, passwords etc secure and confidential.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOURFIRSTAD AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT ,WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).

9. DISCLAIMER OF WARRANTIES

You agree that YourFirstAd is only an electronic Platform to facilitate hassle-free connection of Brand and Creator(s) for advertisement/marketing of products but yourFrstAd does not provide advertising or marketing services. We do not endorse, advertise, advise or recommend You to connect with any Brand/Creator but merely provide a listing of Brand/Creator registered with us. Without prejudice to the forgoing paragraph, YourFirstAd does not warrant that:

9.1 The information on this Platform is complete, true, accurate or non-misleading; or yourFirstAd services will meet Brand or Creator requirements

9.2 Our services will be uninterrupted, timely, secure or free from error, the information provided by or through the YourFirstAd’s services will be accurate or reliable.

9.3 Registration on our Platform will provide you the opportunity to connect Brand/Creator

10. TERM AND TERMINATION OF LICENSE AGREEMENT

You are entitled to terminate the agreement with us by emailing us with subject – ‘DELETE ACCOUNT’.

We are entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in our opinion, you are misusing or misused the Site or the Service. We are not obliged to give notice of the termination of the agreement in advance. After termination YourFirstAd will give notice thereof in accordance with these User Terms. Termination of this agreement will not prejudice accrued rights of either YourFirstAd or You.

11. SEVERABILITY

If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

12. AMENDMENTS

We may revise these Terms from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check these Terms on the Platform for such revised terms. Your continued use of the Services and/or the Platform will be deemed to constitute your acceptance of any and all such revised terms.You can check revised date mentioned above to know when such changes have been made.

13. ENTIRE AGREEMENT

These Terms, the Privacy Policy and any other terms or policies as may be prescribed by us from time to time, constitute the entire agreement between you and YourFirstAd, which will govern your use of or access to the Services and/or the Platform, superseding any prior agreements between you and YourFirstAd regarding such use or access.

14. INDEMNIFICATION

By accepting these Terms and using the Service, You agree that You shall defend, indemnify and hold YourFirstAd and each of its officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of third party (c) Your use or misuse of the Site or Service .

15. INVALIDITY OF ONE OR MORE PROVISIONS

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision will apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.

16. SURVIVAL

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability (clause 8) , applicable law and dispute resolution (clause 18) ,intellectual property ownership , term and termination shall survive the efflux of time and the termination of these User terms.

17. FORCE MAJEURE

We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

18. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or the Service (collectively, “Disputes”) the parties will attempt to settle the same amicably, through negotiation and consultation at YourFirstAd registered office or through electronic means.

In the event the dispute is not resolved internally between parties after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by yourFirstAd and You. The place of the arbitration will be Dhanbad, Jharkhand. The fees of the appointing arbitrator,if any ,will be divided between the parties. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of court in Dhanbad, Jharkhand. In exceptional cases where the issue in the hand is beyond the powers of court in Dhanbad, the matter will be subject to exclusive jurisdiction of court of Ranchi ,Jharkhand.