This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of Platform, as defined below.
This is a legal and binding agreement between you, the user (referred to as “user” or “you” or “your”) of the Platform, as defined below, and MavenGo (OPC) Private Limited (together with its subsidiaries, and affiliates, hereinafter referred to as “MavenGo” or “us” or “we” or “our” or “the Company”) stating the terms that govern your use of the Platform, as defined below. The website “www.mavengo.in” and mobile application (collectively referred to as the “Platform”) and the information, services and other materials contained therein are provided and operated by us. We specialize in providing comprehensive insights and data-driven solutions to help our clients gain a deeper understanding of their target audience and drive business growth. We also conduct consumer surveys, consumer behaviour tracking etc. (“Services”), through the Platform.
Please review our Privacy Policy, Disclaimers and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and our Services. By accepting these Terms in any manner or accessing the Platform, you consent, agree, and undertake to abide, be bound by and adhere to the Terms and if you do not agree to the Terms, you are not entitled to avail of/use the Platform and Services and any use thereafter shall be unauthorised. It is requested to desist from using the Platform and Services if you do not agree to the Terms.
These Terms shall apply to our hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by us, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. We shall not be responsible for any disruption of services caused by such third-party service providers.
Although you may “bookmark” a particular portion of the Platform and thereby bypass these Terms, your use of the Platform or Services still binds you to these Terms.
We make no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, or Services offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
Amendments to the Terms
We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Services after changes have been made will be taken to indicate that you have read and accepted those changes. The amendments in the Terms shall be effective from the day the amendments have been published. You should not use the Platform or Services if you do not agree with any changes to these Terms.
User Accounts and User Registration
- Upon installing and downloading the Application, specific permissions will be sought from you and you will be asked to register on the Application and create a Member/User Account;
- For registration and creation of a Member Account on the Application, you voluntarily agree to:
- honestly provide your Name, age, gender, City, Date of Birth, Children and their date of birth, educational qualification of CWE and items owned in your house. We will use your registered mobile number or email to contact you if any case need arises and an online payment transfer number to remit to you your incentive, if applicable. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platform and Services.
- allow us to access the list of applications in your phone from time to time.
- allow us to access your media and other applications usage behaviour for the period that you continue using our Application.
- allow us to use and integrate your application list and your applications usage behaviour data with other user data for research of consumption of various applications by you. The behaviour data will include media consumption data including advertisements from applications such as but not limited to YouTube, Netflix, Amazon Prime, Twitter, Facebook etc., as well as e-commerce applications like Amazon, Flipkart, Myntra etc.;
- Allow Us to use your application list and application usage data to be uploaded on a Data Management Platform (DMP) for third party processing and advertising purposes.
- You agree that our Application will seek permission for and capture the make and model of the device on which the Application is installed and will seek permission and access your device’s location from time to time.
- You agree that our Application will use data connectivity from your device for transferring of data to us from the Application, either cellular or wi-fi depending on your data settings.
- The Application may prompt you to respond to survey questions relating to the Application/research. Participation in these surveys is voluntary, however, you may be incentivized for answering the survey questions, which may be notified to you from time to time. You agree and undertake to voluntarily grant a waiver to us to access and utilize all information provided by you as responses to survey questions.
- All information provided by you and data collected from your device will be anonymized and utilized at an aggregated level in summary reports and analysed as we deem fit.
- You understand that we will be using the data as collected by the Application and provided by you for the purpose of generating insights on audience measurement and Data Management Platforms for third party advertising purposes. The responses provided by you voluntarily for surveys may also be analysed and commercially used. With respect to any data you submit via the Platform or during a Survey or that is otherwise made available to us, you hereby grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, such data or response.
- You agree that you will never divulge or share access to your Member Account with any third party for any reason. You also agree that you will create, use and/or access only one Member Account, and that you will not use any Member Account other than your own.
- By accepting the Terms you are agreeing to allow us to contact you on your mobile number for various activities not limited to surveys, payment of incentives notifications, promotional activities etc.
Permission to use Documents
We may conduct open public Polls on our Platform. Polls appearing on the Platform are deemed to be in the public domain and therefore may be used in whole or in part. Outlets or organisations, wherever possible and appropriate, should note the release date, sponsor of the poll, methodology and a link to the Platform where results can be obtained. We shall not be responsible for any third party’s use or interpretation of the findings; however, if such use and interpretation is deemed to be inappropriate, improper, offensive, a misrepresentation or reproduced for the purpose of commercial means, we may take appropriate legal action and/or take steps to publicly correct the relevant record.
Outside Sites and Linking
The Platform may contain links and pointers to other sites on the internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). We are not responsible for such Outside Sites, including their availability, and the privacy policies of such Outside Sites, and we do not control their content including any webcasting or other form of transmission received from any Outside Sites. You should contact the site administrator of such Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites. We permit certain third party links to the home page of our Website, provided that we are provided with notice of such links and do not thereafter object to such linking. We reserve the right to revoke unilaterally any consent that we may at any time give to any linkage, including linkages to the home page. The Outside Sites are being provided to you only as a convenience and any link or pointer contained on this Platform does not imply endorsement of the Outside Sites. We do not make any representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such Outside Site.
Copyright and Trademark
All Platform content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are our exclusive property, or of our respective content providers, and are protected by copyright laws, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on/for the Platform is our property or of our respective software suppliers, and such software is protected by Indian and international copyright laws and other applicable laws and treaties. Users of the Platform shall not transmit/post any information to the Platform that infringes the copyright or other intellectual property rights of others.
You shall not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Platform in whole or in part without our prior written permission.
Our logos, trademarks and service marks that may appear on the Platform and while use of the Services (“Marks”) is our exclusive property and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Platforms or while use of the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without our express written consent.
As a condition of accessing the Platforms and/or while using the Services, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any content on the Platform or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Marks or the name, trademarks, service marks, or other materials in connection with the Platform or the Service, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose. The Marks may not be used in connection with any service that is not our product or service or that is likely to cause confusion among customers, or that in any manner disparages or discredits us.
Please verify all Platform content prior to use. In the event you come across any content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately to the Grievance Officer at the address mentioned at the bottom of this page.
Additionally, from time to time, we (or our third-party service providers, on our behalf) may request users to review our content or beta-test the Platform. The works derived from such activity shall remain our sole and exclusive property or of our third-party service providers, as applicable.
Legal Disclaimer and Limitation of Liability
While we attempt to keep the information, materials and processes on the Platform as current, complete and accurate as possible, we make no representations or warranties of any kind about the Platform or the information, software, functions, processes or other content contained on the Platform. We make no guarantee that access to the Platform will be uninterrupted, error-free or free from viruses or other harmful code. The documents, information and graphics published on the Platform may include technical errors. We shall not be bound by any errors or omissions contained on the Platform with respect to any content or Services offered on the Platform. Information herein may be changed, removed or updated at any time without notice and for any reason. All materials and information posted on the Platform are intended to be used for informational purposes only. Any content accessed, downloaded or otherwise obtained on or through the use of the Platform is used at your own discretion and risk. We shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content. You assume the entire risk of relying on this information. This information is supplied to you on the condition that you or any other person receiving this information will make their own determination as to its suitability for any purpose prior to any use of this information.
The information, services, products, software and materials contained or offered on the Platform are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, with respect to such information, services, products, software and materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus or other harmful code, and implied warranties arising from course of dealing, usage, reliance or trade practice.
In no event shall we be liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages, or any damages whatsoever. In no event shall we, our agents, shareholders, employees, or officers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, special or consequential damages, whether based on contract, tort (including negligence), or any other theory or form of action, even if we or our subsidiaries have been advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use or inability to use the information, services, products, software and materials available on the Platform. No action or proceeding may be brought against us with respect to any claim or dispute arising from the use of or reliance on the Platform or any information thereon.
The information on the Platform or while usage of Services is not to be construed as recommendations to use any information, product, process, equipment, or formulation that conflicts with any patent, copyright, or trademark, and we or our subsidiaries make no representation or warranty, express or implied, that any use of this information will not infringe on any patent, copyright or trademark.
You also acknowledge and agree that the operation of the Platform is dependent upon the proper and effective functioning of the Platform and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.
Indemnity
You agree to indemnify and hold us and our affiliates harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Platform or Services in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or content that you or others post or otherwise make available on the Platform or while usage of Services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Site Linking
The Platform may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites; (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites; and (c) you agree to the terms and conditions of the Linked Sites. We may remove any Linked Sites from the Platform at any time with or without reason.
WE WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
The Platform may use YouTube API Services to play YouTube videos. When you visit the Platform and play videos from YouTube, your use of the Platform means that you agree to be bound by YouTube’s Terms of Service.
We take no responsibility for the content or practices of any third-party services in the Linked Sites. We encourage you to carefully review the terms of services/use of any third-party services or Linked Sites you access.
Platform Security
You are prohibited from violating or attempting to violate the security of the Platform or any of our other associate Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.
We strive to ensure the security of our users and have implemented measures to protect the security of user accounts and related information. However, we cannot guarantee that unauthorized third parties will not be able to breach our security measures.
Information Collection
As you navigate through the Platform including the Application, some of your user information may be actively collected (name, e-mail address) or passively collected (which you did not actively provide) such as your browser type, domain name, IP address, pages visited, and the length of your user session using various technologies and means, such as Internet Protocol Address, Cookies, Internet Tags and navigational data collection, for the sole purpose of Platform enhancement. No such information collected is shared with third parties for advertising or other purposes except that it may be disclosed to those of our contractors who assist with programming and technical aspects of hosting and operating the Platform or for data collection required for providing our Services. You have the right to access, modify, correct or delete any personal data which we may have collected. To exercise this right please contact us at the email ID or address mentioned at the end.
User Conduct
Whether you have enrolled to participate in a Survey or use of Application or are simply browsing the Platform, once you have accessed the Platform, you shall be considered a ‘user’ for the purpose of the Terms. You are responsible for all your activities in connection with the use of the Platform and Services. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties, and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.
Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, financial information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, we shall not be liable for any loss of data or if the user’s device, computer system or any other property is compromised in any manner.
You acknowledge and agree that we have the right to report any and all such suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
In furtherance of the same, while providing information during any survey or while usage of the Platform for any matter whatsoever, you should not host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which the user does not have any right;
- is defamatory, libellous, fraudulent, threatening, obscene, indecent, profane, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, discriminating, harmful, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to a minor;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- 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 other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- discusses illegal activities, with the intent to commit them;
- you do not have the right to disclose;
- is related to partisan political activities;
- contains intentionally inaccurate information or that is posted with the intent of misleading others;
- includes but is not limited to viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);
- violates the rights of other users of the Platform; or
- violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
Any conduct by a person that in our sole discretion restricts or inhibits any other person from using or enjoying the Platform, is prohibited. You agree to use the Platform only for lawful purposes and in accordance with that prohibition.
Termination of Usage
You agree that we, in our sole discretion, may deactivate your account or otherwise terminate your use of the Platform or Services with or without reason, including, without limitation, if we believe that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be affected without prior notice to you and that we shall not be liable to you nor any third party for any termination of your account. You also acknowledge that we may, to the extent permitted by law, retain and store your information on our systems notwithstanding any termination of your account.
Miscellaneous Provisions
By accepting the Terms through your use of the Platform, you certify that you are 18 years of age or older. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his/her use of the Platform, including all financial charges and legal liability that he/she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Platform is not for the use of individuals under the age of 18 years.
We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms or Services. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or Services without our prior written consent and any such attempted transfer or assignment shall be void and of no effect.
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms shall remain in full force and effect.
We shall have no liability under these Terms, to the extent arising from our failure to perform any of our obligations under these Terms, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, pandemic/epidemic, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within our reasonable control. We shall not be responsible for damage or other problems caused by any unauthorised change to the Terms made by way of hacking or cracking this page.
Our failure to exercise or enforce any right or provision of the Terms, shall not constitute a waiver of such right or provision.
Governing Law
These Terms or any Service specific terms shall be governed by, construed and enforced in accordance with the laws of India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by us, you or any third party to enforce these Terms or any Service specific terms, or in connection with any matters related to the Platform, shall be subject only to the jurisdiction of the courts of Gurugram, Haryana 122003. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Service specific terms, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a Sole Arbitrator to be appointed mutually by us and you. The proceedings shall be conducted in English and the seat for arbitration shall be Gurugram (Haryana).
Grievance Redressal
In the event if you feel that you have any concern related to the Terms or Services or Platform, you may contact us at contact@mavengo.in. We shall endeavour to redress the concern within 30 working days from the date of escalation.
Any notice or communication that may be required to be given to us under these Terms or any Service specific terms, may be sent by writing or emailing to the following addresses:
MavenGo (OPC) Private Limited
H.No. 252 Ground Floor, Sector 9, Gurugram, Haryana, 122001.
E-mail: contact@mavengo.in
Last updated on July 31st, 2023
