Terms of Service
This Creator Terms of Service (“Agreement”) contains the terms and conditions that govern your participation in the Trendweave Creator Program (the “Program”). “We,” “Us,” or “Our” refers to Trendweave. “You” or “Your” refers to the applicant. “Brand Site” refers to the official website of the brands associated with the Program.
“Creator” refers to an individual that participates in brand promotion and promotional & advertising activities activities. Creators include but are not limited to influencers, content creators, bloggers, social media personalities, or website owners who have a following or audience that they engage with through their content
By checking the box indicating your agreement to the terms and conditions of this Agreement, or by continuing to participate in the program after we post a change notice, revised Agreement, or revised terms and conditions on the Trendweave site, you hereby agree to the following:
You are bound by this Agreement in its entirety. You acknowledge and confirm that you have independently evaluated the desirability of participating in the program and that you are not relying on any representation, guarantee, or statement other than those expressly set forth in this operating agreement. You represent and warrant that you have the legal capacity to enter into contracts (e.g., you are not a minor) and that you are currently and will remain in compliance with all provisions of this Agreement.
1. About Program
The purpose of this program is to make your content creation journey efficient and enable you to promote products on your social media account(s), website, or other platforms (referred to as “profile”) and earn advertisement commission for “Qualifying Purchases” (as defined in Section 4) made by your end users. A Product refers to any item listed on the Trendweave site. “End users” refers to individuals or consumers who visit your profile, interact with your content, and potentially make purchases or engage with the trackable links provided by you. These individuals are not affiliated with the Program or Trendweave directly and are separate entities who may access the Brand Site through the links and promotions you provide. End users are customers or potential customers who may be influenced by your promotional efforts to make qualifying purchases through the commissionable links or coupon codes.
2. Enrolment in the Program
To initiate the enrolment process, you must link your Instagram account and complete verification, after which Trendweave programs will become available. We will carefully review your application and notify you of its acceptance or rejection. We reserve the right to reject any application at our sole discretion, including cases where we determine that your profile is unsuitable. Unsuitable profile include, but are not limited to, those that: Utilize commissionable links or coupon codes on illegal audio or video download websites. Lack of subscribers. Promote sexually explicit materials. Promote violence. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. Promote illegal activities. Incorporate any trademark of Trendweave, or a variant or misspelling of a trademark of Trendweave, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking website. Otherwise violate intellectual property rights. Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others. involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails — “spam”.
Please also note that you are prohibited from purchasing products through the links on your profile for personal use, resale, or any form of commercial use. This includes orders placed for customers or on behalf of customers, as well as orders for products intended for your own use, your friends, relatives, or associates. By participating in the Program, you agree not to engage in any such prohibited activities. In the event that your application is rejected, you are welcome to reapply to the Program at any time. Additionally, if we accept your application and subsequently determine (at our sole discretion) that your profile is unsuitable for the Program, we may terminate this Agreement with immediate effect, with or without prior notice, as deemed appropriate at Trendweave’s sole discretion. Participation in the Program is limited to parties who are legally capable of entering into and forming contracts under applicable law. For example, minors are not permitted to participate in the Program. “Minors” refer to individuals who have not reached the age of majority as determined by the laws of India. In Indian law, the age of majority is typically considered to be 18 years.
3. Display of Links
Verified users will have the ability to create posts, which are links to products. If the product belongs to one of our integrated brands, the system will automatically replace the user’s link with a tracking link for monetization purposes.
4. Program Requirements
4.1. By participating in the Program, you agree to comply with the terms and conditions outlined in this Agreement. You further agree to provide us with any information we may request to verify your compliance with this Agreement. In the event that we determine you have failed to comply with any requirement or restriction described in this Agreement or have otherwise violated its terms, we may, in addition to any other rights or remedies available to us:
Withhold any advertisement commission payable to you under this Agreement;
Close any other accounts you may have or may open in the future, without payment of any advertising fees;
Terminate this Agreement;
Take any combination of the above actions.
4.2. Moreover, by participating in the Program, you hereby consent to:
Receiving emails or messages or text messages or calls or notifications from us pertaining to the Program on a periodic basis. Monitoring, recording, using, and disclosing information about your profile for the purpose of verifying compliance with this Agreement. Monitoring, crawling, and otherwise investigating your profile to ensure compliance with this Agreement.
4.3.
4.3.1 “Qualifying Purchases” refers to eligible purchases made by end users through the use of your commissionable links or coupon codes or promotional efforts. These purchases must meet the following criteria to be considered qualifying:
The purchase transaction must be successfully completed, including the submission of payment and the fulfillment of all necessary requirements for the purchase. The purchase must be directly attributed to your promotional efforts, such as the use of your affiliate links, unique referral codes, or other designated tracking mechanisms provided by Trendweave. The purchase must comply with the terms and conditions set forth by Trendweave, including any specific requirements or restrictions outlined for the particular brand or product being promoted. Trendweave will determine the eligibility and validity of each purchase as a qualifying purchase based on its own tracking and reporting systems. Any discrepancies or disputes regarding qualifying purchases will be resolved at the sole discretion of Trendweave.
4.4 The Product Links generated by Trendweave are provided for your use in promoting products through the Program. It is important to note that the validity of these Product Links may be subject to certain limitations and conditions. The Product Links generated by Trendweave may have an expiration date, after which they may no longer be valid for tracking and attributing qualifying purchases. It is your responsibility to regularly update and replace expired links with active and valid Product Links provided by Trendweave. The validity of Product Links also depends on their proper implementation and usage. You must ensure that the Product Links are correctly formatted and placed on your profile or promotional channels as specified by Trendweave. Failure to properly format and implement the links may result in inaccurate tracking and attribution of qualifying purchases. Trendweave reserves the right to determine the validity and effectiveness of the Product Links generated. This includes the right to investigate and address any issues related to link functionality, tracking accuracy, or other technical matters that may affect the proper attribution of qualifying purchases. Trendweave will make reasonable efforts to communicate any changes or updates regarding the validity and usage of Product Links. It is your responsibility to stay informed about such changes through notifications provided by Trendweave or by regularly reviewing the Trendweave platform or related communications.
4.5 In the scenario where an end user clicks on the affiliate link provided by you, but the session expires or the link becomes inactive before they complete the purchase, and the end user subsequently directly navigates to the brand site and successfully completes the purchase, Trendweave shall have no obligation or liability for the non-attribution of the qualifying purchase. It is understood that unforeseen circumstances, technical limitations, or other factors may impact the functionality and duration of the affiliate link, and Trendweave shall not be held responsible for any missed attribution or commission in such cases. It is the responsibility of the end user to ensure that the affiliate link is properly utilized and that the purchase is completed within a reasonable time to ensure proper tracking and attribution.
5. Payouts
Payouts for eligible earnings will be processed on a monthly or periodic basis within timelines communicated by Trendweave from time to time. “Eligible earnings” means commissions earnings calculated on net order value after deduction of returns or cancellations, if any, which have been communicated to Trendweave by the brand. Trendweave will process your payout only after receiving confirmations data from the brands. For example, when your audience places an order on 25th of March amounting to order value of, say INR 5,000/- from a Trendweave brand say “XYZ” but returns a few items from the order on 5th April of value INR 2,000/-. Now, supposedly XYZ shares the above order data on 15th April, then eligible earnings for this order would be calculated on order value of INR 3,000/- and these earnings would be considered for the payouts month of April, which would be paid in the first week of May, subject to Trendweave’s payouts processing date. Trendweave does not hold any control on the returns and cancellations data sent by brands for orders attributed towards your earnings. In case you find a discrepancy or not satisfied with deductions for returns or cancellations, then you can share your concern within 1 month from date of order data reflecting on your dashboard. Trendweave shall try its best to resolve the concern with the brand. Trendweave shall not be liable for any delay caused in payouts due to delay by brands in sharing the order data. Trendweave reserves the right to exercise complete veto power over the final payouts. In the event that a creator is found engaging in suspicious activities, Trendweave may withhold or refuse to process their payouts without any liability or obligation. Creators who submit an invoice and possess a valid Goods and Services Tax (GST) number shall provide a valid tax invoice to Trendweave. You will raise a valid invoice under applicable law(s) and regulations and report it in the returns within the prescribed time limit so that Trendweave can take input tax credit of the taxes paid. You undertake to comply with any of the applicable provisions of such law including but not limited to:
Timely issuance of GST compliant invoices;
making the invoices available to Trendweave;
depositing applicable taxes on a periodic basis; and
correctly reporting them to the government under tax laws.
6. Tax Obligation and Indemnification:
If at any time the credit of taxes is denied or the payment of taxes is sought from Trendweave due to reasons including, but not limited to, the issuance of a deficient invoice, default in tax payment, inappropriate reporting in the filed returns, or non-compliance with applicable laws and regulations by you, you shall indemnify Trendweave against any denied credits, recovered taxes, interest, and penalties imposed on Trendweave. If required by applicable Indian Tax Law, Trendweave may deduct or withhold taxes, levies, or similar amounts from the advertising fees payable to you. If you are an Indian resident, the advertising fees payable to you will be subject to income tax withholding at the rate stipulated under applicable law. Trendweave will deduct or withhold taxes as per the provisions of the Income Tax Act from any amounts payable to you under this Program. For payment processing and tax remittance purposes, Trendweave may periodically request tax information from you. In the event that you do not provide the required tax information, we reserve the right, in addition to any other rights or remedies available to us, to keep your fees in abeyance until you provide the necessary tax information or satisfy us that you are not a person from whom we are required to obtain tax information. If you are not an Indian resident or have not provided us with your PAN (Permanent Account Number), the rate of tax withholding applicable to you will vary. Furthermore, if you are a non-resident, you agree to provide necessary documentation, as may be required, for Trendweave to fulfill any reporting or obligations pertaining to the advertising fee payable to you. If we deduct or withhold taxes from advertising fees payable to you, we will issue the relevant withholding tax certificate, if required under applicable law, as evidence of the tax deposit with the relevant regulatory authorities (for non-residents, this is subject to the availability of relevant documents). If you provide us with a nil or reduced withholding tax certificate, we will apply the applicable nil or reduced tax rate as the withholding tax rate on advertising fees payable to you. By accepting this Agreement, you agree not to pursue any claims against Trendweave or any of its affiliates and hereby waive all such claims, now or in the future, with respect to any taxes deposited by Trendweave with the relevant taxing authority in accordance with this Agreement.
6. Sourcing
Trendweave selectively sources products for a limited number of creators and brands. The availability of sourced products may vary and is subject to Trendweave’s discretion. Trendweave reserves the right to update access for any creator without prior information or notice. This includes the ability to grant or revoke sourcing privileges based on various factors, such as performance, compliance with terms, or other relevant considerations. It is important to note that while Trendweave facilitates the sourcing process, the ultimate fulfillment and delivery of orders are the responsibility of the brand. Therefore, Trendweave shall not be held liable for any delays, wrong SKU delivery, misbehaviour of delivery personnel, or any other issues related to order fulfilment. Trendweave holds complete authority to decide which creators and brands to open-sourcing for. The decision to offer sourcing opportunities is made at Trendweave’s sole discretion and may be based on factors such as brand requirements, creator performance, or other relevant considerations. All Trendweave-sourced products are subject to the delivery timelines specified by the respective brand. Creators are responsible for returning the products within the designated timelines, as outlined by the brand.
7. Attribution
Trendweave attribution practices may vary for different sets of brands, and the specific attribution policies are determined through mutual agreement between Trendweave and the Brands involved. Trendweave reserves the right to change attribution policies for any brand without prior notification to creators. In such cases, Trendweave will strive to communicate any changes in attribution practices to creators in a timely manner. Trendweave has implemented a tracking infrastructure that is designed to capture more than 95% of orders. However, due to technological limitations and other factors, it is possible that some orders may not be tracked accurately or may be missed in terms of tracking.
8. Content
Creators retain 100% ownership and rights to any content posted on their profiles. Trendweave and any brand associated with Trendweave are prohibited from using or utilizing any creator’s content without obtaining prior approval from the creator themselves. In the event that content is posted in collaboration with Trendweave’s Instagram handles or official channels, Trendweave reserves the right to use that content in the agreed-upon format. Trendweave does not share content rights with any brand or third-party agency. If a brand or agency utilizes any creator’s content without proper authorization, Trendweave bears no liability in such instances. Any disputes arising from the unauthorized use of creator content should be resolved directly between the creator and the brand/agency involved.
9. Brand & Commission
Trendweave onboards brands onto the platform based on their discretion. Trendweave retains the right to determine which brands to list or delist from the platform, exercising complete veto power over such decisions. Trendweave reserves the right to change commission structures for any brand without prior notification to creators. Changes in commission structures may occur based on various factors, such as brand agreements, market dynamics, or other relevant considerations.
10. Direct Contact with Brand
Non-Interference: As a creator participating in the Program, you agree not to directly contact or engage in any form of communication with the brands associated with Trendweave, including their representatives, employees, or affiliates, without the prior written consent of Trendweave.
Communication Channel: All communications, inquiries, or requests regarding the Program, products, or any related matters should be directed through the designated channels provided by Trendweave. These channels may include email or WhatsApp messages, or text messages or calls or notifications, messaging systems within the Trendweave platform, or any other communication methods specified by Trendweave.
Violation Consequences: Any violation of this provision may result in immediate termination of your participation in the Program, withholding of advertising fees, or other appropriate actions deemed necessary by Trendweave.
Collaboration Requests: If you wish to collaborate with a specific brand or have any specific requests regarding your involvement with a brand, you must submit your requests to Trendweave. Trendweave will evaluate such requests and, at its sole discretion, determine the appropriate course of action.
Exception: This clause does not prohibit you from engaging with brands or their representatives through authorized interactions facilitated by Trendweave, such as collaborative campaigns, events, or promotional activities approved by both parties.
11. Technology and Product
While Trendweave strives to maintain a robust and reliable platform, it is possible that errors or technical challenges may arise. Trendweave continually works towards improving its technology and resolving any issues that may occur. Please note that Trendweave shall not be held liable for any challenges or disruptions that may arise due to errors or technical issues, including but not limited to website downtime, system failures, or any other related concerns.
12. Responsibility & Disclaimer
As a creator, you will be solely responsible for the development, operation, and maintenance of your social media profile/website (‘Profile’)), including all materials that appear on their social media profile. This includes, but is not limited to:
The technical operation of your profile and all related equipment. Ensuring that the display of Product Links on your profile complies with any agreements between you and third parties, including any restrictions or requirements imposed by third-party hosting providers. Ensuring the accuracy and appropriateness of all materials posted on your profile, including Product-related materials and information associated with Product Links. Ensuring that materials posted on your profile do not violate or infringe upon the rights of any third party, including copyrights, trademarks, privacy, or other personal or proprietary rights. Ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. You will indemnify and hold us harmless from all claims, damages, and expenses (including attorneys’ fees) arising from the development, operation, maintenance, and contents of your profile. It is important to strictly abide by the terms outlined in Clause 2 of this terms and conditions. Any non-observance of those terms may result in the termination of our association with immediate effect.
Adherence to ASCI Guidelines: The content creator acknowledges and agrees that it is their sole responsibility to ensure strict adherence to the guidelines and regulations prescribed by the Advertising Standards Council of India (ASCI) in relation to the creation and dissemination of advertising content.
No Responsibility for Non-Compliance: Trendweave explicitly disclaims any responsibility for the content creator’s failure to comply with ASCI guidelines. The Company shall not be held liable for any consequences arising from non-compliance with ASCI guidelines, including but not limited to regulatory penalties, legal actions, or reputational damage.
No Financial or Non-Financial Liability: Trendweave shall not be liable for any financial or non-financial losses, damages, claims, or disputes that may arise because of the content creator’s actions or content, irrespective of their compliance with ASCI guidelines. This includes, but is not limited to, losses incurred by the brand associated with the content or the content creator themselves.
Indemnification: The content creator agrees to indemnify and hold Trendweave harmless from any claims, demands, actions, or liabilities (including legal fees) arising from their failure to adhere to ASCI guidelines or any other breaches of these terms and conditions.
Independent Legal Advice: The content creator is encouraged to seek independent legal advice to ensure compliance with ASCI guidelines and other applicable laws and regulations.
13. License & Intellectual Proprietary Right
Trendweave grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Trendweave platform and its services, solely for the purpose of participating in the Program and promoting the designated products. The license granted to you is non-transferable, meaning you cannot assign or sublicense your rights to access or use the Trendweave platform to any third party. The license is specifically for the authorized use of promoting the designated products as part of the Program. Any other use of the Trendweave platform or its services is strictly prohibited. Trendweave retains all ownership and intellectual property rights related to the platform, including its design, logos, trademarks, and any other proprietary materials. The limited license does not grant you any rights to the intellectual property of Trendweave. The use of the Trendweave platform and services under the limited license is subject to your compliance with the terms and conditions outlined in the Agreement. Failure to comply with the terms may result in the termination of the license. Trendweave reserves the right to revoke or terminate the limited license at any time, with or without cause, at its sole discretion. Upon termination, you must cease all use of the Trendweave platform and its services. You agree not to reverse engineer, decompile, or modify any part of the Trendweave platform or its services, or attempt to derive the source code or underlying structure. If a creator incorporates any copyrighted material, such as music, images, or other content owned by third parties, in their promotional posts or content, both Trendweave and the associated brand shall not be held liable for any copyright infringement or legal claims arising from such usage. It is the sole responsibility of the creator to ensure that they have obtained the necessary permissions or licenses to use copyrighted material in their content. Creators are advised to adhere to copyright laws and regulations and to seek appropriate permissions when using such material to avoid any potential legal consequences. Any disputes or claims related to the usage of copyrighted material shall be the sole responsibility of the creator, and both Trendweave and the brand shall be held harmless in such matters.
14. Compliance with Laws
Legal Compliance: As a participant in the Program, you are required to comply with all applicable laws, regulations, and industry standards, including but not limited to laws related to advertising, consumer protection, data privacy, intellectual property, and fair competition.
Lawful Activities: You agree to engage in lawful activities and refrain from any illegal, fraudulent, deceptive, or unethical practices in connection with your participation in the Program.
Third-Party Rights: You must ensure that your activities do not infringe upon the rights of any third party, including copyrights, trademarks, patents, privacy rights, or any other proprietary or personal rights.
Content Compliance: You are responsible for ensuring that any content you create, publish, or promote complies with applicable laws and regulations, and does not contain any defamatory, offensive, or unlawful material.
Data Protection: If you collect, use, or process personal data as part of your participation in the Program, you must do so in compliance with applicable data protection laws and regulations, including obtaining any necessary consents or permissions.
The Content Creator acknowledges and agrees to comply with all applicable Indian laws, regulations, guidelines, and industry standards governing content creation, influencer marketing, data protection, taxation, intellectual property, and digital communications. This includes but is not limited to laws related to consumer protection, advertising disclosures, privacy, cybersecurity, financial regulations, and any future amendments thereto.
The Content Creator shall be solely responsible for ensuring that their content and activities adhere to these legal requirements. Tread Weave shall not be held liable for any legal violations, disputes, penalties, or claims arising from the Content Creator’s failure to comply with applicable laws.
Indemnification: You agree to indemnify and hold Trendweave harmless from any claims, damages, liabilities, costs, or expenses arising out of your non-compliance with laws or any violation of third-party rights.
Updates and Changes: Trendweave reserves the right to update or modify the compliance requirements in this clause to reflect changes in laws or regulations. It is your responsibility to review and comply with the updated terms.
15. MSME
MSME Registration: You agree to promptly inform us on or prior to the execution date of this AGREEMENT if you are registered as a Micro, Small, and Medium Enterprise (MSME).
MSME Certificate Submission: If you represent yourself as an MSME, you shall promptly provide us with copies of the MSME Certificate that demonstrates your status as an MSME. We will only be obligated to extend the benefits provided under the MSME Law to you upon verification of the submitted MSME Certificate.
Intimation of Changes: In the event that your MSME Certificate is cancelled, withdrawn, surrendered, or if you become ineligible to receive MSME benefits under the MSME Law, you undertake to immediately inform us of such changes.
Non-Compliance Consequences: If you fail to comply with the requirements outlined in this clause, we may not provide you with the benefits available to MSMEs under the MSME Law. Additionally, you agree to defend, indemnify, and hold us harmless from any claims, losses, damages, costs, expenses, or other liabilities (including attorney’s fees) arising from our breach of the MSME Law or any other applicable law.
Definitions: For the purposes of this clause:
“MSME” refers to a micro, small, and medium enterprise registered under the MSME Law.
“MSME Law” refers to the Micro, Small, and Medium Enterprises Development Act, 2006, or any other applicable law.
“MSME Certificate” refers to the certificates, registrations, and other documents (including Udyam registration certificate, etc.) issued to you under the MSME Law.
16. Term and Termination
Term: This agreement shall be effective upon your acceptance of the terms and conditions and shall continue until terminated in accordance with the provisions herein.
Termination for Convenience: Either party may terminate this agreement at any time for any reason by providing written notice to the other party.
Termination for Breach: In the event of a material breach of the terms and conditions outlined in this agreement, either party may terminate this agreement upon written notice to the breaching party, allowing a reasonable opportunity to cure the breach if possible.
Immediate Termination: Notwithstanding the above, Trendweave reserves the right to terminate this agreement immediately without prior notice in the event of a serious breach, such as engaging in fraudulent activities, violating intellectual property rights, or engaging in illegal activities.
Effect of Termination: Upon termination, you shall immediately cease all use of Trendweave’s platform, promotional materials, and intellectual property rights. Any outstanding obligations or liabilities, including payment obligations and confidentiality provisions, shall survive the termination.
Return of Materials: Upon termination, you agree to promptly return or destroy any confidential or proprietary materials provided by Trendweave.
Dispute Resolution: In the event of termination, any disputes arising from the termination or this agreement shall be resolved in accordance with the dispute resolution provisions outlined in the Agreement.
Survival: The clauses pertaining to intellectual property rights, confidentiality, limitation of liability, and any other provisions necessary for their interpretation or enforcement shall survive the termination of this agreement.
17. Modification
Modification: Trendweave reserves the right to modify or amend any terms and conditions of this agreement at any time, with or without prior notice to you.
Notice of Modifications: In the event of any modifications or amendments, Trendweave may provide notice of such changes by email, through the Trendweave platform, or by posting a revised version of the agreement on the Trendweave website.
Acceptance of Modifications: Your continued participation in the Program following the notification or posting of modified terms constitutes your acceptance of the updated terms. If you do not agree with the modifications, you have the right to terminate your participation in the Program.
Effective Date of Modifications: The modifications shall become effective upon their notification or posting, unless otherwise stated in the notice.
Review of Modifications: It is your responsibility to review the modified terms regularly to stay informed of any changes. Trendweave encourages you to review the terms periodically to ensure continued compliance.
No Retroactive Application: Modifications will not have a retroactive application and will only apply to activities and transactions occurring after the effective date of the modification.
18. Confidential Information
During the course of your participation in the Program, you may have access to certain confidential information belonging to Trendweave, including but not limited to trade secrets, business strategies, financial information, customer data, and other proprietary information (“Confidential Information”). You agree to maintain the confidentiality of all such Confidential Information and to use it solely for the purposes of your participation in the Program.
You shall not disclose, distribute, or make any unauthorized use of the Confidential Information, except as expressly permitted by this Agreement or with the prior written consent of Trendweave. This obligation of confidentiality shall continue even after the termination or expiration of this Agreement.
You understand and acknowledge that the unauthorized disclosure or misuse of Confidential Information may cause irreparable harm to Trendweave, for which monetary damages would be inadequate. Therefore, in the event of any breach or threatened breach of this confidentiality obligation, Trendweave shall be entitled to seek injunctive relief and any other remedies available under applicable law.
It is important to note that this confidentiality obligation does not apply to information that is publicly available or becomes publicly known without any breach of this Operating Agreement, or to information that you can demonstrate was already rightfully in your possession prior to its disclosure by Trendweave.
19. Independent Entities/ Non-Agency Relationship
The relationship between Trendweave and the creators participating in the Program is that of independent entities. Nothing in this agreement creates or implies any partnership, joint venture, agency, employment, or franchise relationship between the parties. The creators shall have no authority to bind or obligate Trendweave in any manner. Each party retains full control and discretion over its own activities and operations. Furthermore, the creators acknowledge that they are not exclusive to Trendweave and may engage in similar or competing activities with other platforms or entities. The rights and obligations set forth in this agreement are solely for the purposes outlined herein and do not extend beyond the scope of the Program.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRENDWEAVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE TRENDWEAVE PLATFORM. TRENDWEAVE MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESSED OR IMPLIED, REGARDING THE PROGRAM OR THE TRENDWEAVE PLATFORM. THE PROGRAM AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE PROGRAM AND USE OF THE TRENDWEAVE PLATFORM IS AT YOUR OWN RISK. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY CONSEQUENCES RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE PLATFORM. IN NO EVENT SHALL THE TOTAL LIABILITY OF TRENDWEAVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, EXCEED THE TOTAL AMOUNT OF ADVERTISING FEES PAID TO YOU BY TRENDWEAVE DURING THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD TRENDWEAVE AND ITS AFFILIATES HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR ANY BREACH OF THIS AGREEMENT.
21. Disclaimers
THE TRENDWEAVE PLATFORM PROVIDES A PLATFORM FOR THE PROMOTION AND SALE OF PRODUCTS BY BRANDS AND CREATORS, BUT IT DOES NOT ENDORSE OR GUARANTEE THE ACCURACY, RELIABILITY, OR QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED BY THE BRANDS OR THIRD PARTIES PARTICIPATING IN THE PROGRAM. ANY STATEMENTS, CLAIMS, OR REPRESENTATIONS MADE BY BRANDS OR THIRD PARTIES ARE THEIR OWN AND DO NOT REFLECT THE VIEWS OR OPINIONS OF TRENDWEAVE. THEREFORE, YOU ACKNOWLEDGE THAT ANY INTERACTIONS OR TRANSACTIONS WITH BRANDS OR THIRD PARTIES ARE SOLELY BETWEEN YOU AND THE RESPECTIVE PARTY, AND YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH ENGAGEMENTS.THE TRENDWEAVE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR CONTENT FOR YOUR CONVENIENCE. HOWEVER, TRENDWEAVE DOES NOT ENDORSE, CONTROL, OR ASSUME ANY RESPONSIBILITY FOR THE CONTENT, PRODUCTS, OR SERVICES PROVIDED BY THESE THIRD PARTIES. YOUR USE OF THIRD-PARTY WEBSITES OR ENGAGEMENT WITH THIRD-PARTY CONTENT IS AT YOUR OWN DISCRETION AND RISK. WHILE TRENDWEAVE STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE PRODUCT INFORMATION, WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY PRODUCT DESCRIPTIONS, PRICING, OR OTHER INFORMATION PROVIDED ON THE PLATFORM. IT IS YOUR RESPONSIBILITY TO VERIFY THE ACCURACY OF SUCH INFORMATION BEFORE MAKING ANY PURCHASING DECISIONS. THE TRENDWEAVE PLATFORM MAY ALLOW USERS TO SUBMIT CONTENT, REVIEWS, OR COMMENTS. HOWEVER, TRENDWEAVE DOES NOT ENDORSE OR VALIDATE THE ACCURACY, RELIABILITY, OR LEGALITY OF USER-GENERATED CONTENT. USERS ARE SOLELY RESPONSIBLE FOR THEIR OWN CONTENT, AND TRENDWEAVE DISCLAIMS ALL LIABILITY FOR ANY USER-GENERATED CONTENT POSTED ON THE PLATFORM. WHILE WE MAKE EFFORTS TO ENSURE THE FUNCTIONALITY AND AVAILABILITY OF THE TRENDWEAVE PLATFORM, WE DO NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO THE PLATFORM. TECHNICAL ISSUES, MAINTENANCE ACTIVITIES, OR OTHER FACTORS MAY CAUSE INTERRUPTIONS, DELAYS, OR ERRORS. TRENDWEAVE DISCLAIMS ALL LIABILITY FOR ANY LOSSES OR DAMAGES RESULTING FROM SUCH INTERRUPTIONS OR TECHNICAL ISSUES.
22. Governing law and Disputes
This AGREEMENT shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Operating Agreement, including its formation, interpretation, performance, or termination, shall be exclusively resolved by the courts of Gurugram.
Both parties agree to submit to the personal jurisdiction of the courts of Gurugram for the purpose of litigating any such dispute, controversy, or claim. The prevailing party in any such dispute shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with resolving the dispute.
In the event of a dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiations. If such negotiations do not result in a resolution within a reasonable period of time, either party may initiate legal proceedings in accordance with the governing law and jurisdiction specified herein.