"Company", "Pepper Content", "us", "we", "our" shall mean Pepper Content Private Limited, a company registered under Companies Act, 2013 having its registered office at 305, A Wing, Dynasty Business Park, JB Nagar, Andheri-Kurla, Road, Andheri-East, 400059, Mumbai.
"Website" shall mean the <https:www.peppercontent.in> owned, operated and managed by us.
“User”, “you”, “your” shall mean individuals who accesses the Website, either in their own capacity or if accessing or using the Website on behalf of a legal entity, as an authorised representative or a legal guardian or parents in case of minors who creates a User Account on the Website by providing personal information. A User includes a Content Creator, Content Editor, Supply Acquisition Reviewer, Visitor and a Customer.
“Customer” means any person, entity, business or company who has registered as a customer and has entered into a service agreement for seeking services relating to the Content.
“Content” shall mean all or any deliverables, content or materials (in whatever form) to be provided, created or developed, in whole or part, by the Content Creator pursuant to an Assignment assigned to it by Pepper Content.
“Content Creator” shall mean an individual or an entity which has created or developed Content pursuant to an Assignment.
“Content Editor” shall mean an individual or an entity which has revised or modified the Content pursuant to a Customer Assignment.
“Supply Acquisition Reviewer” shall mean an individual who shall be responsible for reviewing and assessing the applications received from prospective candidates to be onboarded as Content Creator/Content Editor, reviewing the samples of previously created content by such candidate and shall be responsible to assess whether a particular application should be selected or rejected.
“Assignment (s)” means the work assignment or task given to the Content Creator or Content Editor based on any request submitted by a Customer seeking digital content as per the Customer requirement.
“Services” shall mean the content creation and other services made available for the Customers on the Website as detailed in clause 2 of these Terms.
"User Account" shall mean the account that the User shall be required to create with the Website by providing the information sought by us, in order to use or provide Services from the Website.
“Visitor” shall mean an individual who browses through the Website and seek any clarifications and queries on the Website relating to the Services.
Welcome to the Website. This Website is owned by Pepper Content and is a Website for collecting information from Content Creators, Content Editor, Supply Acquisition Reviewer, Visitors & Customers and enabling them to provide and seek Services in an offline manner We may update the Terms periodically with or without notice to you. If you are a User using this Website, you shall ensure that your authorised representative’s use or access to this Website is subject to the acceptance and continuous compliance of the Terms.
SERVICE DESCRIPTION AND AVAILING SERVICES
The Scope of Services shall include the services available for the Users on the Website including collecting information from Content Creator, Content Editor, Customer, Supply Acquisition Reviewer & Visitors and enabling them to conduct their transaction in an offline manner. Services of the Website shall be including but not limited to the following i.e blog writing, website content writing, e-commerce content writing, social media content writing, product descriptions and reviews, e-books writing, article writing, copywriting, newsletter writing, press release writing, marketing collateral, academic writing, blogging services for small businesses, white paper writing, branded content, translation. Pepper Content reserves the right to add any other services to the Website in future or to cease to provide any Services on the Website at its discretion.
ACCESS TO THE WEBSITE:
Registration: The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed by Pepper Content. In the event you as a minor wish to use our Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor utilizes the Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. Pepper Content will not be responsible for any consequence that arises as a result of misuse of any kind of Website or our Services that may occur by virtue of any person including a minor registering for the Services/products provided.
Registration is a pre-condition to use or provide Services, you may be required to register with us and provide Pepper Content with accurate, complete, and updated registration information for creating your user account (“User Account”). We shall provide you a password to login to your User Account. You shall be responsible to maintain and promptly update your registration data like email, phone number, which you submit to us while signing up for the User Account. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of User Account. Pepper Content reserves the right to refuse registration of or cancel a User Account of any User in its discretion. User shall be responsible for maintaining the confidentiality of User Account and password. We will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your User Account secure. The User Account gives you an access to the Services and functionalities that we may establish and maintain from time to time and in our sole discretion. You must not set up an account on behalf of another individual or entity unless you are authorized to do so. No registration of the Website or using of the Services deem to make you a shareholder or affiliate of Website for any purposes whatsoever, nor shall You have any of the rights of statutory Users of Website. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by you on the User Account.
Termination: Website reserves the right to modify or discontinue your User Account at any time for any material breach of the obligations under these Terms by you.
The Website offers Services relating to the Content creation whereby Customers can seek Services and Content Creator and Content Editor are onboarded to provide Services.
The scope of Services on the Website basis the Users providing/ seeking Services is divided in following categories:
- Customer: The Customer can seek Services through the Website. An interested Visitor may register itself as a Customer by providing information being sought on the Website. Once registered on the Website, the Customer shall enter into a service agreement with the Company, detailing the terms and conditions and payment terms for procuring Services (“Service Agreement”). Once activated, the Website will have a portal through which the Customer shall be able to login and upload instructions as per the terms of the Service Agreement.
- Content Creator/Content Editor: The Website shall be onboarding a team of Content Creators/Content Editor who shall be providing Services to the Company. The Content Creator/Content Editor whose curriculum vitae and work experience have been approved by the Company shall be onboarded on the team of Content Creator/Content Editor of the Company and shall be provided their User Account. The Company shall enter into an offline agreement with the Content Creator/Content Editor (“Content Creator/Content Editor Agreement”) detailing the terms and conditions and commercials for providing Services to the Company.
- Supply Acquisitions Reviewer:The Website shall be onboarding Supply Acquisition Reviewer by entering into an offline agreement through which it shall provide Services as agreed with the Company.
- Visitor: The Visitor may browse through the Website and seek any clarifications and queries on the Website relating to the Services.
- Profiles of Content Creator/Content Editor: The Company shall be creating a profile for each Content Creator/Content Editor, which shall contain briefly the nature of assignments completed by the Content Creator/ Content Editor(“Profile”). A link of the Profile shall be shared with the Customers to enable them to view the Profile of the Content Creator/Content Editor who shall be working on the Assignment for the respective Customers. You grant us a personal, revocable, non-transferable and non-exclusive right to use the Profile including but not limited to the content and material contained therein as submitted by you for providing the Services, You also grant us the right (i) to display your Profile on the Website (ii) promote or distribute it for the access of other Users and other third parties (iii) for rendering Services by the Website.
MATERIAL AVAILABLE ON THE WEBSITE:
You acknowledge that Website does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users (collectively, the “Material”) which you may have access to as part of the Services, or through your use of this Website. Under no circumstances, Website is liable in any way for any Material, including, but not limited to any infringing Material, any errors or omissions in Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted, linked from, or otherwise accessible through or made available via the Website.
CONTENT PROVIDED BY YOU:
If you are a Content Editor/Content Creator you represent, warrant, and agree that no Content or Material shared by you with Website violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material. Once approved by the Customers the Content so created or modified by the Content Creators/Content Editors shall be owned by the Company.
The consideration for availing the Services shall be agreed between the User (except Visitors) and the Company under the Service Agreement and Agreements to be entered into between Users and the Company. Currently all the payments are being made in offline manner. As and when applicable Company shall require that the Customers to make payments and Content Creator, Content Editor and Supply Acquisition Reviewer shall receive payments through the Website. Users can pay for the Services through various modes of payment:
- Debit Card/Credit Card/ATM Card
- Net Banking
Any other mode of payment as may be acceptable or made available through the Website by the Company as and when made available.
You agree not to engage in any of the following activities:
- Violating laws and rights:
You shall not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights (c) use the Website and upload content that is misleading, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
You shall not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
- Harming others:
You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; You shall not intimidate or harass another through the Websites; and, you may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to so through the Website.
- Impersonation or unauthorized access:
You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Website; You shall not use or attempt to use another’s account or personal information; and, you shall not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password mining or any other means.
COPYRIGHT AND LIMITED RIGHT TO USE:
You may only access and use the Website for the Services provided by us. You agree not to:
- reproduce, redistribute, duplicate, copy, sell, resell, lease, transfer, sub-license, publish or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website;
- upload, post, email, transmit or otherwise make available any data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity;
- upload, post, email, transmit or otherwise make available any data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- upload, post, email, transmit or otherwise make available any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software virus, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; intentionally or unintentionally violate any applicable local, state, national or international laws and any regulations having the force of law.
CHANGE IN TERMS:
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and the Website (or any part thereof) with or without notice. Further, the Website reserves the right to change these Terms at any time and to notify you by posting an updated version of the Terms on this Website. You are responsible for regularly reviewing the Terms. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms; any policy or practice of ours in operating the Website or any Content available through the Website, is to stop visiting and using the Website.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE THE SERVICES AND YOUR USE THEREOF. WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE WEBSITE'S MATERIAL OR THE DETAILS AND CONTENT SHARED BY THE CONTENT CREATOR/ CONTENT EDITOR OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDER OR A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEPPER CONTENT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE UNDER OR FOR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (EVEN IF PEPPER CONTENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, THE MAXIMUM LIABILITY OF COMPANY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED RUPEES ONE THOUSAND (RS.1000/-).
You certify that you shall use the Services in accordance with these Terms. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, you are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy shall result in termination of your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Website are owned by the Company and its affiliates, subsidiaries, licensors, Users as the case may be. The Website respects copyright, and we prohibit Users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Material or details on the Website that violates another person’s proprietary rights.
If you believe that the Website contains elements that infringe your intellectual property rights in your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All Materials on this Website, including but not limited to audio, images, software, text, icons and such like, are protected by copyright under the copyright laws. You cannot use the Material, except as specified herein.
Pepper Content is the trademark solely owned by Pepper Content Private Limited.There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You understand and acknowledge that Pepper Content uses third-party licenses and/ or open source tools in the Website, or in the maintenance thereof; that Pepper Content is an authorised licensee of such third-party licenses and/or tools pursuant to the respective license terms; and that Pepper Content is compliant with the respective license terms of each of such licenses.
You agree that by using this Website, you give us a permission and a limited license to use your name, or your company name and logo in self-promotional materials, webpage, proposal and similar matters and indicating you as our User. In case you would like us not to use your name, trademarks, service marks, and/or logo on the Website, you can write to Pepper Content’s grievance redressal email-address at firstname.lastname@example.org.
You agree that Pepper Content, in its sole discretion and subject to compliance of the applicable laws, may terminate your User Account, and/or use of the Website, and remove and discard any data within the Website if Pepper Content believes that you have violated or acted inconsistently with the letter or spirit of the Terms or as per the terms of the Service Agreement or Agreement executed in offline manner. Pepper Content may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with notice to you. Further, you agree that Pepper Content shall not be liable to you or any third-party for any termination of your access to the Website, any modification, suspension or discontinuance of the Services by Pepper Content.
If you wish to terminate this Terms, you may immediately stop accessing or using the Services. Your right to access and use the Website terminates automatically upon your material breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
Choice of Law and Jurisdiction: These Terms shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between you and Pepper Content, shall be submitted to the arbitration to be conducted in Mumbai in English language, in accordance with the applicable rules of Arbitration and Conciliation Act, 1996 by a sole arbitrator, who shall be appointed by Pepper Content and you mutually; and the award made in pursuance thereof shall be binding on the parties. The dispute resolution and arbitration process mentioned in this Section will not prohibit parties from approaching the courts of competent jurisdiction for appropriate interim reliefs. Parties further agree that the courts in Mumbai shall have an exclusive jurisdiction over such disputes.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Website is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Service Provider or the Website.
No waiver:The Website’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right.
Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, employment, or agency relationship exists between you and the Website as a result of these Terms or from your use of the Website or the Services.
Entire Agreement: These Terms constitute the entire agreement between you and the Website relating to this subject matter and supersede any and all prior communications and/or agreements between you and the Website relating to this subject matter.
User’s complaints: User’s complaints: In case of any query or deficiency in Services, you can e-mail us email@example.com .