Terms of Service
Terms of Service , Terms and Conditions
Last Updated: August 22, 2022
We strive to maintain a website that is clear, honest, and easy to use.
Tanndu is the creator and owner of Tanndu website, Chrome extension and Android/iOS apps (collectively, “Tanndu”). Tanndu is owned by IGLOO TECHNOLOGIES LTD, company number 516460813, and maintained and operated only by Digital D.A.B Innovations LTD.
These Terms of Service (this “Agreement”) are entered into by Tanndu (www.tanndu.com website, apps and browser extension) (“Tanndu”) and the entity executing this Agreement (“you”, or “your”). This Agreement governs your use of the Tanndu’s service (the “Service”). This Agreement govern your access to and use of our services, including our various websites (Tanndu), SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). . These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service. By using the Services you agree to be bound by these Terms.
BY COMPLETING THE REGISTRATION PROCESS AND OPENING AN ACCOUNT ON THE INTERFACE (“ACCOUNT”), OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT.
We recommend that you save a copy of this Agreement for your records.
Access
Subject to these Terms of Use, Tanndu may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Tanndu performs for you, any applications or widgets offered by Tanndu that you download from the Site or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store, or Google Apps Marketplace) authorized by Tanndu, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
Accessibility Statement – click here
Registration and Eligibility
You are required to register with Tanndu to browse the Site, apps and platform and view Content only and represent, warrant and covenant that you provide Tanndu with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and/or mobile telephone number and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Tanndu account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.
You shall not:
● Create any account for anyone other than yourself without such person’s permission
● Use a username that is the name of another person or brand name/business name with the intent to impersonate that person or brand name/business name
● Use a username or Tanndu account that is subject to any rights of a person other than you without appropriate authorization
● Use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Tanndu reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Tanndu password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Tanndu in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The content already present on the Service in special cases for elite accounts are visible to public and other users only upon the activation by them. Elite accounts have the facility to delete/modify the initial posts on their discretion. Tanndu holds no responsibility for their subjective liking/disliking of the post that has been inspired from their personal text, social profile (like FacebookTM, InstagramTM etc.) or likewise maintaining the privacy of their account before activation. Hereby, registering as an elite user, you are giving Tanndu the permission to make your account ready with inspired posts.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 18 years old. Tanndu may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Content
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Tanndu cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, “highlights”, video clips, audio clips, responses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Tanndu on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions.”
Tanndu Content
The Service contains Content specifically provided by Tanndu or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms of Use, Tanndu grants each user of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Tanndu, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
User Submissions
We may use your User Submissions in a number of different ways in connection with the Site, Service and Tanndu’s business as Tanndu may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Tanndu a worldwide, non- exclusive, royalty-free, fully paid, sub licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Tanndu’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to Tanndu does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Tanndu.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Tanndu will not be liable for any errors or omissions in any Content; and that Tanndu cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
You should be aware that the opinions expressed in the Content in User Submissions are theirs alone and do not reflect the opinions of Tanndu. Tanndu is not responsible for the accuracy of any of the information supplied in User Submissions or in relation to any comments that are posted. You should bear in mind that circumstances change and that information that may have been accurate at the time of posting will not necessarily remain so.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
● infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
● you know is false, misleading, untruthful or inaccurate;
● is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Tanndu in its sole discretion;
● constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
● contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tanndu or any third party;
● impersonates any person or entity, including any employee or representative of Tanndu;
● includes anyone’s identification documents or sensitive financial information; or
● breaches any of the policies and rules incorporated herein.
If the User Submission includes a photograph, Tanndu’s Photo Guidelines shall apply as mentioned below. Tanndu has a zero-tolerance policy against pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes such content. You shall not (directly or indirectly):
● take any action that imposes or may impose (as determined by Tanndu in its sole discretion) an unreasonable or disproportionately large load on Tanndu’s (or its third party providers’) infrastructure;
● interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
● bypass any measures Tanndu may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
● run any form of auto-responder or “spam” on the Service;
● use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
● harvest or scrape any Content from the Service;
● modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Tanndu;
● decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
● copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
● otherwise take any action in violation of Tanndu’s and policies.
Tanndu does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. Tanndu has no obligation to monitor the Site, Service, Content, or User Submissions. However, Tanndu reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Tanndu is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Tanndu also reserves the right to access, read, preserve, and disclose any information as Tanndu reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tanndu, its users and the public.
Photo Guidelines
Taking photographs is a scientific art which emerges out the true emotions of the place and time of capture. Here are some tips which can help you in becoming one of the best Tanndu photographers possible.
1. Lighting and framing! Make it pretty. People love pretty things.
2. Originality! Upload your photos, not somebody else’s.
3. Keep it appropriate. Though nudity is natural, not everyone wants to see it. The same goes for hateful things, spam, and irrelevant photos. So steer away from naked people, mean-ness, gross-ness, inappropriate-ness and anything else that you wouldn’t want to see when you’re exploring.
4. Be respectful. Don’t take photos that include people’s private information, like a credit card number or phone number, and don’t upload a photo of anyone who doesn’t want their picture uploaded. Think twice: you wouldn’t want your private info shared either.
5. Be yourself. Tanndu is a community of people, and you’re a big part of that. Take photos and have fun.
6. Be Cautious: Do not upload images of places of high security and importance, archaeological sites, railways, defence areas, etc. without prior compliance with applicable laws from the concerned government authorities and departments.
Thanks and happy photographing!
P.S. If you see something inappropriate, use the “Report Content” option to alert us and we’ll take care of things.
All photos are “User Submissions” as defined in Tanndu’s Terms and Conditions.
Technical Failures
It is possible that you may face disruptions, including, but not limited to errors, disconnections or interferences in communication in the internet services, software or hardware that you have used to avail our services. Tanndu is not responsible for such factors in the disruption or interruption in the services and you take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.
Advertisements, Third Party Sites and Services
Some of the Tanndu Services are supported by advertising revenue and may display advertisements, promotions, and links to third-party websites. You hereby agree that Tanndu may place such advertising and promotions on the Tanndu Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Tanndu’s control, and you acknowledge that Tanndu is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Tanndu or any association with its operators. You further acknowledge and agree that Tanndu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Termination
Tanndu may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by contacting us at hello@tanndu.in till we develop the procedure on the website and apps. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Tanndu shops (collectively “Tanndu shops”) term of use. Tanndu shop is an individual account or business account that sell and/or promote products as a registered seller.
Changes to Tanndu Shop:
At any given time, we may amend, discontinue or suspend Tanndu Shop, or any service from it without notice. We may change or revise the terms of use and post them on shop.Tanndu.co. Your continued use of the Tanndu Shop platform after the date of the revised terms of use implies your acceptance to these terms.
Tanndu group buying / group purchase:
Tanndu is a social group buying platform – where you get the product at the discounted price if you invite friends to buy the same product as you bought within 24 hours of the purchase. If you were not able to create a group and to invite your friends to buy it with you then your money is returned.
When buying in a group purchase you agree to share your details with Tanndu and your full name in the group decription. If you want your name to be removed from the group purchase description you should send your request to support with the request.
A group purchase will be liable if the group buyers will be different buyers/users. The group will be not liable if the payment methos will be reognized as the same buyers.
If the group owner decide to cancel the group purhase even of the group is completed you agree to accept the group payment refund and accept the cancellation of the group perchase. You will be able to join another group or open a new group – if available.
If at leaset one of the group members or the group owner decide to cancel the group purhase even of the group is completed you agree to accept the group payment refund and accept the cancellation of the group perchase. You will be able to join another group or open a new group – if available.
You agree to join groups that you know the owner ONLY and declare you will not join a group that you don’t know the group owner name and details. If you have joined a group that you don’t know the group owner we cannot assist in finding and sharing his/her details and you might not be able to collect your item. We will not be liable for the refund or damages occured. We will not share the group owner details or one of the group members details.
You agree to provide an available phone number and a cellular number and agree that we will contact you with these numbers in order to provide you with the products – if you will not provide an available phone number and a cellular number you agree to accept the group payment refund and accept the cancellation of the group perchase.
You agree to provide an available address and personal details and agree that we will contact you with these details in order to provide you with the products – if you will not provide an available address and personal details you agree to accept the group payment refund and accept the cancellation of the group perchase.
Termination:
In case you violate any of the terms, Tanndu Shop will automatically terminate your rights as per this agreement. Your access to Tanndu Shop will be revoked with immediate effect.
Governing Law for tanndu shops:
As written below, same in tanndu shops, The terms mentioned are subject to the applicable authorities that exist in Israel,
In accordance with the jurisdiction of courts and are framed in accordance with the Israeli law. Tel-Aviv, Israel, shall be the official location for any jurisdiction whatsoever.
Limited License:
You are granted a limited, non-transferable, non-exclusive license to access and to use the site for personal and non-commercial use. Tanndu Shop reserves the right to terminate your license any time to use the site and to block your access.
Indemnity:
You agree to indemnify and hold Tanndu Shop, its employees, directors, officers, licensors, its affiliates or partners against any damages, actions, liabilities, partners or demands without any limitations resulting out of your violation of these terms and conditions.
Selling Policies:
Upon registering with Tanndu Shop as a registered seller, you are only allowed to itemize products for sale in line with the policies with reference to the Terms of Use. You need to comply with the legal terms and not violate any intellectual property, sell secret or otherwise violate any privacy rights of any third parties. The items listed should not be misleading or deceptive and should clearly communicate the actual condition of the product. You agree to refund the amount received from the buyer if your description does not match the actual condition of the product.
You may only list the description, text, image and graphics related to your product that helps convey the message for sale. Every product listed must be available in stock and come under an appropriate category.
Cancellation:
Cancellation of a transaction in accordance with the Consumer Protection (Cancellation), Htsa”a -2010 and Consumer Protection Act, 1981.
Acquiring Commission allowed for canceling a transaction limit is 5% or 100 NIS whichever is lower
Can I cancel my order?
Order cancellations can be done till the time the order is in packed status or till the time the order is not fulfilled. Orders cannot be cancelled after it is dispatched or fulfilled.
What are the steps to cancel my order?
On the main page of your App or Website, tap on the “My Orders” section and select the product or order you wish to cancel.
What are the order cancellation policies on Tanndu Shop?
You can cancel your order only when it is in the processing status or packed status and as long as the ‘Cancel Order’ option is available in the App/Site. Orders cannot be cancelled after they are dispatched or fulfilled. In the case of pre-paid orders, the amount shall get refunded to the same payment mode.
How long will it take for me to receive my refund for a pre-paid order which I cancelled?
Your refund will be done depending on the payment mode as follows-
- Online refund – 7 to 10 days after the refund initiation which depends on your bank partner
Causes and Payments to Causes
Tanndu, in addition to its social e commerce platform, is a purpose-driven business on a mission to support good causes while looking out for consumers interest. We believe in doing good while creating value for the users and causes you care about while looking out for consumers interest. Our mission is the payment of cashback, search and advertising revenue generated to organizations (“Cause” or “Causes”) that users care about. The following terms govern Tanndu’s payments to Causes:
Any “Raised”, “Given”, and “Earned” dollar amounts are our team’s good-faith projections of how much advertising revenue users have earned based on their usage of the Tanndu website. Please note that in the case that Tanndu does not receive payment from its partners for any reason, including but not limited to advertisement click-fraud, Tanndu is not responsible for making any payments to Causes and reserves the right to modify the displayed dollar amounts accordingly.
Tanndu’s payments to Causes are made within 120 days of the end of every fiscal quarter. Any displayed dollar amount “Raised”, “Given”, or “Earned” simply indicates that Tanndu has designated funds for payment to a particular cause, and in no way reflects when the cause actually receives these funds.
All dollar amounts listed on the Website represent United States Dollars.
Although Tanndu makes payments of user-generated funds to the causes users designate, all user-generated funds are considered the wholly-owned revenue of Tanndu and all payments to Causes are considered payments directly from Tanndu to the designated Causes. Users have no legal claim to redeem these funds from Tanndu, nor any legal claim to exert control over these funds in any way. Users must be aware that they may not legally attempt to deduct from their taxes any amounts “raised” on Tanndu and that to do so may be illegal in the user’s tax jurisdiction.
Selection and Continuance of Causes
Causes that operate on the Website are selected based on whether they:
- are geographically broad in scope (for example, national or international in scope)
- are 501(c)(3) organizations maintain accessible and transparent financial statements
- are top-rated for efficiency by a third-party Cause evaluator (for example, rated 3 or 4 stars on CauseNavigator.org). We may relax this criterion in some situations, such as when the Cause has not yet been evaluated by third-party evaluators.
Tanndu reserves all rights to choose the Causes that are to operate on the Website.
Tanndu reserves the right to remove a Cause from its website or discontinue all payments to a Cause at any time and without reason. In such a case, Tanndu will evenly distribute that Cause’s unpaid earnings to all other Causes on the website.
If at any time the administration of a Cause for which Tanndu raises revenue requests that Tanndu remove the Cause from the Website or discontinue all payments to said Cause, Tanndu will comply within fourteen (14) days from the date of receiving a written request from a verifiable member of the Cause’s administration. In such a case, Tanndu will evenly distribute that Cause’s unpaid earnings to all other Causes on the website.
By listing a Cause on its website or raising revenue for a Cause, Tanndu does not necessarily imply any formal relationship with that Cause. Tanndu is not operated by any members of administration from the Causes listed on the Website.
Reproduction and Display of Content
Tanndu, to the best of its knowledge, does not reproduce or display any content to which Tanndu does not have the right to reproduce or display.
Any photos or written content reproduced from other sources are photos or written content that were explicitly licensed with a Creative Commons license for commercial use at the time of their obtainment.
All users must agree to owning all rights to their submitted content and give Tanndu the right to reproduce and display that content on the website and in all marketing material. User-submitted content is reproduced and displayed on good faith that the user who submitted the content owned all rights to the content.
If at any time a the owner of any content reproduced or displayed on the Website requests that the owner’s content be removed from the Website, Tanndu will comply with that request within fourteen (14) days of receiving the request. Tanndu may require evidence of the user’s ownership of the material prior to complying with the request.
Referral Program
For the Referral Program, Tanndu will distribute “Referral Links” to the Tanndu community. A “Referral Link” is a unique URL for you to distribute to eligible friends, family and other third parties (each, a “Referred User”). If a Referred User uses your Referral Link to sign up and become a user of Tanndu, then the Referred User shall be considered a “Qualifying User” and you will be eligible for the referral reward. Tanndu will at its sole discretion determine which Referred Users are approved as Qualifying Users on Tanndu.
Sharing Referral Links
Referrals Links should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations.
You must be at least 18 years of age (or such other minimum age as is applicable in your country of residence) to create use the Services. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using the Services. Tanndu recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You further acknowledge and agree that your use of the Service is governed by Tanndu’s Privacy Policy available on the Site at https://www.tanndu.com/terms.php, as may be modified from time to time in accordance with its terms (“Privacy Policy“).
Certain elements of the Services or other services or programs offered by Tanndu may have different terms and conditions (“Additional Terms”) in order to use or access them. If there is a conflict between the terms of this Agreement and any Additional Terms, the Additional Terms will prevail.
Tanndu reserves the right to update, modify, discontinue or terminate the Services or any part thereof, or to modify this Agreement at any time. If Tanndu modifies this Agreement, it will update this Agreement on the website located http://www.tanndu.com and change the “Last Updated” date at the top of this Agreement. In addition, should the update be material, Tanndu shall provide you with notice pertaining to such update through the Platform or by sending you an email or such other method deemed reasonable by Tanndu. Please note that it is your responsibility to review the Agreement from time-to-time to check for updates. By continuing to access or use the Site following any update, you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Platform and terminate this Agreement.
In consideration of the foregoing, the parties agree as follows:
Nonexclusive License.
In case you will like to integrate Tanndu widget within your site/apps: Subject to the terms and conditions of this Agreement, Tanndu grants you a limited, revocable, non-exclusive, non-sublicensable license to (a) copy and use the Tanndu page code (the “Code”) solely to use the Service on websites owned by you (the “Properties”); and (b) access, view and download analytical reports generated by the Services in connection with Your Properties on [http://www.tanndu.com] (the “Interface”, and together with the Code, the “Platform”).
Documentation.
To the extent that Tanndu makes available Documentation (defined below) to you, you may use such Documentation solely for your internal business purposes and solely in connection with your use of the Platform during the Term. Unless the Documentation is separately referred to herein, all references in this Agreement to the Platform shall include the Documentation. “Documentation” means documentation that Tanndu generally makes available to its clients, in print or electronic form, that describes the features and operation of the Services and the Platform.
Restrictions.
Except as expressly permitted in this Agreement, you must not, and shall not allow any third party to:(i) copy, give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, transfer or distribute the Platform, or any portion of the Platform, to any third party, or use the Platform in any service bureau or time-sharing arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Platform or that enforce limitations on use of the Platform; (iii) reverse engineer, decompile or disassemble the Platform or any components thereof; (iv) modify, translate, patch, or create any derivative works of the Platform, or any part thereof; (v) use any robot, spider, scraper, or other automated means or manual process to access, monitor, copy or use the Platform or any portion thereof for any purpose; (vi) take any action that imposes or may impose (in Tanndu ’s sole discretion) an unreasonable or disproportionately large load on the Tanndu ’s infrastructure; (vii) interfere or attempt to interfere with the integrity or proper working of the Platform, or any related activities; (viii) remove, deface, obscure, or alter Tanndu or any third party’s copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Platform; (ix) use the Platform to develop a competing service or product; or (x) use the Platform in violation of any applicable law.
1. You shall not, and shall not authorize or encourage any third party to: (i) use any means to artificially increase or manipulate the views, engagements, impressions or other interactions in connection with the Services; (ii) directly or indirectly engage in any deceptive or misleading behavior; (iii) use the Services in connection with any websites or content containing any copyright infringements, firearm, drugs, alcohol, tobacco, pornography, gambling, hate speech or any other content which Tanndu reasonably deems objectionable, or which promotes illegal goods, services or activities or link to any of the foregoing; or (iv) use the Services in connection with websites or content targeted to children under the age of 13.
Promotions on Pages, Groups, and Events
Communicating a Promotion:
If you use Tanndu to communicate or administer a promotion (ex: a contest), you are responsible for the lawful operation of that promotion, including:
§ The official rules;
§ Offer terms and eligibility requirements (ex: age and residency restrictions); and
§ Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals).
Required Content
Promotions on Tanndu must include the following:
§ A complete release of Tanndu by each entrant or participant; and
§ Acknowledgement that the promotion is in no way sponsored, endorsed, administered by or associated with Tanndu.
Administration of a Promotion
Promotions may be administered on Pages, Groups, Events, or within apps on Tanndu. Personal Timelines and friend connections must not be used to administer.
Assisting Promotions
Tanndu will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.
Collection of Data on Pages, Groups, and Events
Collecting Data From Users:
If you collect content and information directly from users, your Tanndu Page, Group or Event must make it clear that you (and not Tanndu) are collecting it, and must provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information.
Automated Collection of Data
Your Tanndu Page, Group or Event must not collect users’ content or information, or otherwise access Tanndu, using automated means (such as harvesting bots, robots, spiders, or scrapers) without written permission from Tanndu. Users’ content or information, including donors names and details and followers names and details can be used by Tanndu and you grant Tanndu a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, monetize, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Calls to Action
Your Tanndu Page, Group or Event cannot use information obtained from a person’s interaction with your Page’s call-to-action button for any purpose other than to provide the service associated with the call-to-action button. If you want to use this information for any other purpose, first obtain a person’s explicit consent.
Your Account
You will be required to access the Platform through your Account using a user name and password (“Credentials“). You shall maintain the confidentiality of the Credentials and not disclose them to any third party. You must not allow anyone other than your authorized employees or independent contractors (the “Permitted Users”) to access and use your Account on the Platform. You acknowledge and agree (a) to keep, and ensure that any Permitted Users keep, all Credentials secure at all times; and (b) that you will remain solely responsible and liable for the activity that occurs in connection with your Account. Tanndu may monitor use of your Account, including without limitation, in order to identify or prevent unauthorized use of your Account. You shall (i) upon Tanndu ’s request, provide Tanndu with details of each Permitted User; (ii) promptly notify Tanndu in writing if you become aware of, or have reason to suspect, any unauthorized access or use of your Account or the Platform; and (ii) cooperate with Tanndu to prevent or restrain unauthorized access and use of your Account or the Platform.
Your Data and Personal Data.
You shall retain all right, title and interest in and to the User Data, including all intellectual property rights therein. You are solely responsible for the User Data and the provision of User Data to Tanndu in connection with the Services, including, but not limited to: (a) compliance with all applicable laws, including, without limitation, the European Union General Data Protection Regulation (2016/67910) and California Consumer Privacy Act (CCPA), relating to Your Data; (c) any claims that Your Data infringes, misappropriates, or otherwise violates the rights of any third party; and (d) backing up and maintaining Your Data. Notwithstanding anything to the contrary, you acknowledge and agree that Tanndu may use, store and retain the User Data in connection with the Services in accordance with the Privacy Policy, which shall be reflected in the scope of your consent and privacy notices to visitors of the Properties. “User Data” shall mean any data or information of or connection with visitors of the Properties.
To the extent that any User Data contains Personal Data subject to the GDPR and the California Consumer Privacy Act (CCPA), the parties agree that as between you and Tanndu, you shall be considered a Data Controller and Tanndu a Data Processor. To this effect, the parties agree to enter into the data processing agreement attached hereto as Annex A (the “DPA”). You agree to indemnify, defend and hold Tanndu harmless against all losses, liabilities fees and damages of any kind (including attorney fees) related to: (i) your breach of your representations, warranties or obligations under this Agreement and/or the DPA; or (ii) your failure to comply with the obligations applicable to you under the GDPR and California Consumer Privacy Act (CCPA) and/or data protection laws or regulations.
Title The intellectual property and all other rights, title and interest of any nature in and to the Services, the Platform, and any related content thereunder, including all modifications, upgrades, customizations and derivative works (whether or not permitted under this Agreement) thereof, are and shall remain the exclusive property of Tanndu and its licensors.
To the extent that you provide Tanndu or its affiliates with any feedback, ideas or suggestions regarding the Services or the Platform or any other of Tanndu ’s products or services (collectively, “Feedback“), you agree that such Feedback shall be exclusively owned by Tanndu , and you hereby assign such Feedback to Tanndu and its successors and assigns, and waive, and agree not to assert any rights you may have or retain in such Feedback.
Client Reference.
You agree that Tanndu may (i) use your name and logo on its website and in its promotional materials, press releases, presentations or advertisements to state that you are or have been a client of Tanndu and/or a user of the Services; and (ii) generally describe your business and use of the Service. You agree to serve as a reference customer of Tanndu and shall cooperate with Tanndu ‘s reasonable marketing and referencing requests.
Term. This Agreement shall become effective on the Effective Date and shall remain in effect for a period of one (1) year (“Initial Term“). Following the Initial Term, this Agreement shall automatically renew for successive one (1) year periods (“Renewal Terms“, and the Initial Term, together with any Renewal Terms, the “Term“). Notwithstanding the foregoing, either party may terminate this Agreement in accordance with the terms of this Agreement.
Termination.
Termination for Convenience. Either party may immediately terminate this Agreement for any reason or no reason. For a reasonable period following termination, Tanndu will provide you with access to the Platform to retrieve or otherwise access your data.
Termination for Bankruptcy.
Tanndu may terminate this Agreement immediately upon written notice to you, upon the filing or institution of bankruptcy, reorganization, liquidation, dissolution or receivership proceedings against you, or if you cease to operate as a going concern or become insolvent or unable to pay your debts, or upon an assignment of a substantial portion of your assets for the benefit of creditors, provided that in the case of involuntary bankruptcy proceedings or receivership proceedings, such right to terminate shall only become effective if you consent to the involuntary bankruptcy or such proceeding is not dismissedwithin sixty (60) days.
Effect of Termination.
Upon termination of this Agreement (i) all amounts owed to Tanndu shall become due; (ii) you shall cease use of the Services and the Platform; (iii) Tanndu may terminate your account and you will lose all access to the Platform; and (iv) you will lose access to your Ads and any other materials stored on the Platform.
Survival. This Section [9] and Sections [6] , [5] , [3] , [10] , [12] , [13], [14] , [15], [16], [19] and any provision so intended, as well any outstanding obligations or rights accrued, shall survive expiration or termination of this Agreement.
Suspension.
If Tanndu believes (in its sole discretion) that you may be using the Services or the Platform in a manner that may cause harm to Tanndu or any third party or expose Tanndu to financial or other risk, or if you are in default of your payment obligations hereunder, or if you are using Tanndu Tanndu/profile name that is a trademark or owned by a person who is not yourself or your organization, then Tanndu may, without derogating from Tanndu ’s right to terminate this Agreement under Section [9] above, suspend your use of the Services and access to and use of the Platform until such time as Tanndu believes the threat of harm, or actual harm, or trademark name is proven to be yours, has passed or you have paid any outstanding amounts due (as applicable). You acknowledge and agree that you will have no claim against Tanndu or its affiliates in regard to such suspension of service. For example, you cannot open a Tanndu account names Google as Google is a trademark fully owned by Google Inc.
Fees and Payment.
You use of the Services is subject to your payment of the applicable fees or revenue share program set forth in Annex B or at https://www.tanndu.com website attached hereto (“Fees“). The calculation of Fees shall be calculated solely on the basis of Tanndu ’s reporting system.
Payment Terms.
All payments and deposits made in relation to the Services (if any) shall be paid in US Dollars to Tanndu ’s bank account or Tanndu ’s PayPal account as notified by Tanndu from time to time. Monies deposited or paid in other currencies will be exchanged to U.S. dollars the exchange rate available to Tanndu through the provider of Tanndu ‘s choosing. Payments shall be made without any right of set-off or deduction and are irrevocable and non-refundable. You acknowledge that payments to Tanndu may be subject to deductions for bank fees associated with payment processing which shall be fully borne by you. You shall pay all Tanndu invoices within thirty (30) days of the date of the invoice. Any amount not paid when due to be paid hereunder shall accrue interest on a daily basis until paid in full at the lesser of: (i) the rate of one and a half percent (1.5%) per month; or (ii) the highest amount permitted by applicable law. In the event of any failure to pay any amounts to Tanndu hereunder, you shall be liable to Tanndu for all costs, expenses, and damages incurred or suffered by Tanndu in connection with the collection of such amounts, including without limitation, any fees paid to collection agencies, administrative costs, court costs and reasonable attorney’s fees. In case you choose to have Tanndu ’s revenue share model, Tanndu will pay you your revenue share only once exceeding $200 US Dollars. Tanndu shall pay to you all invoices within forty five (45) days of the date of the invoice. by completing the registration process and opening an account on the interface (“account”), or using the service, you acknowledge and agree to the above terms, as well as the IAB-V3 General Terms and Conditions, which are an integral part of this agreement. See: http://www.iab.net/media/file/IAB_4As-tsandcs-FINAL.pdf
Taxes
All fees payable to Tanndu are exclusive of applicable taxes (including without limitation VAT), withholdings or duties. You shall be responsible for the payment of all such taxes with respect to this Agreement and the Services, other than taxes based on Tanndu ‘s net income. In the event that Client is required by applicable law to withhold taxes, then the amounts due to Tanndu shall be increased such that Tanndu receives an amount equal to the sum it would have received had you not made any withholding. VAT might be included to your invoice in your payment according to your country origin. You might need (in some countries) to prove you are above 18 years old to withdraw your money or to send a proforma invoice for the amount to be paid prior to transferring the amount of money.
Warranty Disclaimer.
Save to the extent required by law, Tanndu has no special relationship with or fiduciary duty to you. You acknowledge that Tanndu has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Tanndu from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Tanndu makes no representations concerning any Content contained in or accessed through the Service, and Tanndu will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service and cannot be held liable for any third-party claims, losses or damages.
You release us from all liability relating to your connections and relationships with other users.
You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
TANNDU, AND ITS TEAM, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES, PLATFORM AND ANY PRODUCTS OR SERVICES PROVIDED BY TANNDU , ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR TITLE, OR WHICH MAY ARISE IN THE COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED.
YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS. TANNDU DOES NOT WARRANT THAT THE SERVICES OR THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. TANNDU DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE REGARDING ANY CONTENT, INFORMATION, OR RESULTS THAT CLIENT OBTAINS THROUGH THE USE OF THE SERVICES OR THE PLATFORM. CLIENT’S USE OF AND RELIANCE ON THE SERVICES AND THE PLATFORM, CONTENT, USER DATA, PLATFORM FEATURES, REPORTS AND ANY MATERIALS AVAILABLE THROUGH THE PLATFIRM IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND TANNDU SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING.
NEITHER PARTY, NOR ITS AFFILIATES, SUPPLIERS, AND LICENSORS, NOR ANY THIRD-PARTY SERVICE PROVIDERS, SHALL BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
Limitation of Liability.
ALL LIABILITY OF TANNDU, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF TANNDU, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE
LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANNDU, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT TANNDU, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS FOR:
● INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
● LOSS OF ACTUAL OR ANTICIPATED PROFITS;
● LOSS OF REVENUE;
● LOSS OF GOODWILL;
● LOSS OF DATA;
● LOSS OF ANTICIPATED SAVINGS;
● WASTED EXPENDITURE; OR
● COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TANNDU’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL:(A)TANNDU , ITS AFFILIATES AND LICENSORS BE LIABLE FOR ANY INDIRECT, EXEMPLARY OR PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR LOST PROFITS OR REVENUE, ARISING OUT OF THIS AGREEMENT; AND (B) THE AGGREGATE LIABILITY OF TANNDU , ITS AFFILIATES AND LICENSORS, FOR ANY DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU HEREUNDER DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF TANNDU , ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED, OR WERE OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (B) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE T