Last Update: January 2023
Welcome to BtechMarketingWala.com.
The following terms of service (these “Terms of Service”), govern your access to and use of the BtechMarketingWala website and mobile web, including any content, functionality and services offered on or through www.BtechMarketingWala.com or the BtechMarketingWala mobile web (the “Site”) by BtechMarketingWala and its subsidiaries are collectively referred hereto as “BtechMarketingWala” “we” or “us” and “you” or “user” means you as an user of the Site.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the BtechMarketingWala services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. BtechMarketingWala makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Brands are users who purchase services on BtechMarketingWala.
Requests are exclusive proposals that a Brand can create to receive a Custom Offer from an Expert.
Ads allow Experts to offer services in different formats and prices. Ads can include Addons, which lets Experts price their service for a basic price of over ₹1.
Addons are additional services offered on top of the Expert’s Ads for an additional price defined by the Expert.
Service Page is where the Expert can describe their Ads and the Ad’s terms, and the Brand can purchase the Ad and create an order.
Requests Page is where the Brands can describe the type of services they want, and the Experts can make offers from the Brand Request page.
Ad / Ads are services offered on BtechMarketingWala.
Message Page is where Brands and Experts communicate with each other in connection with an ordered Service.
Orders are the formal agreements between a Brand and Expert after a purchase was made from the Expert’s Service Page.
Experts are users who offer and perform services through Ads on BtechMarketingWala.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on BtechMarketingWala. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Listings on BtechMarketingWala may be offered at a base starting price of ₹1. Some Listings are offered at a base price of more than ₹1 as determined by the Expert.
- Brands pay BtechMarketingWala in advance to create an order (see Payment Terms).
- Orders are purchased through the Buy Now button found on an Expert’s Listing page or through the Send Proposal button found on a Brand’s Request page.
- For fees and payments please read the Payment Terms
- Experts must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Experts’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through BtechMarketingWala.com.
- When purchasing a Service, Brands are granted all rights for the delivered work, unless otherwise specified by the Expert on their Service page. Note: some Services charge additional payments (through Addons) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- BtechMarketingWala retains the right to use all published delivered works, posts and videos for BtechMarketingWala marketing and promotion purposes.
- Users undertake to comply with BtechMarketingWala’s Community Standards, which are a set of behavior rules and guidelines, applicable to the BtechMarketingWala community and marketplace in addition to these Terms of Service, as updated from time to time.
- Experts create Ads on BtechMarketingWala to allow Brands to purchase their services.
- Brands may also offer Custom Requests to Experts in addition to their Ads.
- Each Ad you sell and successfully complete, accredits your account with a revenue equal to 95% of the purchase amount.
- BtechMarketingWala accredits Experts once an order is completed. See our “Orders” section below for a definition of a completed order.
- For more information about receiving payments, fees and taxes see the Payment Terms.
- Experts may not promote their Ads or any BtechMarketingWala content via the Google Ads platform.
- The Expert’s rating is calculated based on the order reviews posted by Brands. High ratings allow Experts to gain featured Ads on BtechMarketingWala. In certain cases, exceedingly low ratings may lead to the suspension of the Expert’s account.
- For security concerns, BtechMarketingWala may temporarily disable an Expert’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by other users, or associating multiple BtechMarketingWala accounts to a single withdrawal provider.
- Experts are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Experts are allowed to post a select amount of active Ads to avoid spam.
- Ads created on BtechMarketingWala are User Generated Content.
- Ads and/or users may be removed by BtechMarketingWala from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Listings
- Spam, nonsense, or violent or deceptive Listings
- Listings misleading to Brands or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Brands
- Exceedingly low quality Listings
- Promoting BtechMarketingWala and/or BtechMarketingWala Ads through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Ads that are removed for violations mentioned above, may result in the suspension of the Expert’s account.
- Ads that are removed for violations are not eligible to be restored or edited.
- Ads may be removed from our Search feature due to poor performance and/or user misconduct.
- Ads may include pre-approved website URLs contained within the Ad description and requirements box. Ads containing websites promoting content, which violates BtechMarketingWala’s Terms of Service and/or our Community Standards, will be removed.
- Ads are required to have an appropriate image related to the service offered. Experts must deliver the same quality of service as shown on their Ad images. Recurring deliveries that don’t match the quality shown on the Ad images or description may lead to the Expert’s account becoming permanently disabled.
- Statements on the Ad Page that undermine or circumvent these Terms of Service are prohibited.
- Addons are additional services offered on top of the Expert’s Ads for an additional price defined by the Expert.
- Addons may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Ads section above for a list of services that violate our Terms of Service. Ads are subject to be removed due to violations found in Addons.
- The amount of Addons, which can be offered, and the price for each Addon, is based on your services.
- Services offered through Addons must be related to the base service and part of the deliverables on the Order.
- Addons may cover different categories of services that are components to a higher quality delivered service.
- Experts have the option to extend the duration of an Order for each Addons that is added to the Order. This is to cover the time needed to complete the extra service.
BtechMarketingWala is all about helping Experts leverage their skills. We seek to empower top performing Experts with helpful tools to grow their business. Experts who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, they might get more attention and views on social media. Due to this their followers and reach will also increase. BtechMarketingWala may check manually and update Expert Levels from time to time.
- BtechMarketingWala Experts can gain more followers on their social media account Level based on their activity, performance and reputation.
- Advancements in Levels are updated periodically by an automated system.
- The current Levels an Expert can achieve are, Growing Experts, Macro Experts, Massive Experts, Mega Experts and Star Experts.
- Experts who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their accounts and pending balance.
- Expert Levels are checked manually by BtechMarketingWala editors from time to time, in order to give correct information to brands. BtechMarketingWala retains the right to change a Verified Expert status in light of such evaluation.
BtechMarketingWala Experts have access to several exclusive features that help customise the way their services can be offered.
- Experts can also send Custom Offers addressing specific requirements of a Brand.
- Custom Offers are defined by the Experts with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the request page.
- Services provided through Custom Offers may not violate BtechMarketingWala’s Terms of Service and/or our Community Standards.
- You may not offer direct payments to Experts using payment systems outside of the BtechMarketingWala platform.
- BtechMarketingWala retains the right to use all publicly published delivered works for BtechMarketingWala marketing and promotional purposes.
- Brands may request a specific service from the Post a Request feature. Services requested on BtechMarketingWala must be an allowed service on BtechMarketingWala. Please check below for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on BtechMarketingWala.
- Please refer to the Payment Terms for making Payments through the BtechMarketingWala platform and to learn about fees and taxes.
- In addition, Brands can request a Custom Order which addresses specific Brands requirements, and receive a Custom Offer from Experts through the site.
- You may not offer Experts to pay, or make payment using any method other than through the BtechMarketingWala.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- Once payment is confirmed, your order will be created and given a unique BtechMarketingWala order number (#BO).
- Experts must deliver completed files and/or proof of work using the Chat option (located on the Order page) according to the service that was purchased and advertised on their Ad.
- The chat option may not be abused by Experts to circumvent Order guidelines described in these Terms of Service. Using the chat option for illegal tasks, abusive words may result in a cancellation of that Order after review, affect the Expert’s rating and result in a warning to Expert.
- An Order is marked as Complete after the Brand approves the delivery and clicks on the Complete Order button.
- We encourage our Brands and Experts to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact BtechMarketingWala’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
- Certain Ads that offer local services might require Brands and Experts to meet in person in order for the Expert to perform the service. In such cases, users should note that BtechMarketingWala does not guarantee the behaviour, conduct, safety, suitability or ability of either Brands or Experts. Both Brands and Experts agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and BtechMarketingWala has no responsibility or liability related to any local services provided by the Experts. In the event that the service is performed on the Brands’ premises, Brands are encouraged to maintain proper insurance policies to cover their liability as the premise owner. BtechMarketingWala’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
- When a Brand orders a service, the Expert is notified by email as well as notifications on the site while logged into the account.
- Experts are required to meet the delivery time they specified when creating their Ads. Failing to do so will allow the Brand to cancel the Order when an Order is marked as disputed and may harm the Expert’s account.
- Experts must send completed files and/or proof of work using the chat option (located on the Order page) to send the files to Brand.
- Users are responsible for scanning all transferred files for viruses and malware. BtechMarketingWala will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Brands may request for revisions, if the delivered materials do not match the Expert’s description on their Ad page or they do not match the requirements sent to the Expert at the beginning of the order process.
- Feedback reviews provided by Brands while completing an Order are an essential part of BtechMarketingWala’s rating system. Reviews demonstrate the Brand’s overall experience with the Experts and their service. Brands are encouraged to communicate to the Experts any concerns experienced during their active order in regards to the service provided by the Expert.
- Leaving a Brand’s feedback is a basic prerogative of a Brand. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the BtechMarketingWala platform from users within our Community. Purchases arranged, determined to artificially enhance Expert ratings, or to abuse the BtechMarketingWala platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Brands are publicly displayed on an Expert’s Service page.
- Withholding the delivery of services, files, or information required to complete the service with the intent to gain favourable reviews or additional services is prohibited.
- Experts may not solicit the removal of feedback reviews from their Brands through mutual cancellations.
Disputes and Cancellations
We encourage our Brands and Experts to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact BtechMarketingWala’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
BtechMarketingWala enables people around India to create, share, sell and purchase nearly any marketing service they need at an unbeatable value. Services offered in BtechMarketingWala reflect the diversity of an expanding Ad economy. Members of the BtechMarketingWala community communicate and engage through orders, social media, and on BtechMarketingWala’s Community Forums.
BtechMarketingWala maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of BtechMarketingWala. This section relates to the expected conduct users should adhere to while interacting with each other on BtechMarketingWala.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, whatsapp numbers, telephone numbers or any other personal contact details to communicate outside of BtechMarketingWala in order to circumvent or abuse the BtechMarketingWala messaging system or BtechMarketingWala platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- BtechMarketingWala does not provide any guarantee of the level of service offered to Brands. You may use the dispute button provided to you in the Order Page.
- BtechMarketingWala does not provide protection for users who interact outside of the BtechMarketingWala platform.
- All information and file exchanges must be performed exclusively on BtechMarketingWala’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- BtechMarketingWala is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through BtechMarketingWala to contract, engage with, or pay outside of BtechMarketingWala.
- Users with the intention to defame competing Experts by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Brands or Experts to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Users may report Ads to Customer Support that may be in violation of BtechMarketingWala’s Terms of Service based on the reported Listing’s replicated similarity to pre-existing services (copycat Ads).
- Experts warrant that any content included in their Ads shall be original work conceived by the Experts and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Ads, Experts represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Ads.
- BtechMarketingWala will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – BtechMarketingWala does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on BtechMarketingWala should be friendly, constructive, and professional. BtechMarketingWala condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Listings or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Experts further confirm that whatever information they receive from the Brand, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Brands. Any users who engage and communicate off of BtechMarketingWala will not be protected by our Terms of Service.
Authentic BtechMarketingWala Profile – You may not create a false identity on BtechMarketingWala, misrepresent your identity, create a BtechMarketingWala profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. BtechMarketingWala reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – BtechMarketingWala will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use BtechMarketingWala for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active BtechMarketingWala account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the BtechMarketingWala community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violation of BtechMarketingWala’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on BtechMarketingWala. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell BtechMarketingWala accounts.
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by BtechMarketingWala and protected by copyright, trademark, and other intellectual property laws. BtechMarketingWala® is registered trademark owned exclusively by BtechMarketingWala. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site: (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, BtechMarketingWala owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
To the extent that you provide BtechMarketingWala with any comments, suggestions or other feedback regarding the BtechMarketingWala platform or the Site as a whole, as well as other BtechMarketingWala products or services (collective, the “Feedback”), you will be deemed to have granted BtechMarketingWala an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. BtechMarketingWala is under no obligation to implement any Feedback it may receive from users.
Experts should recognize that there might be a need for Brands to disclose certain confidential information to be used by Experts for the purpose of delivering the ordered work, and to protect such confidential information from unauthorised use and disclosure. Therefore, Experts agree to treat any information received from Brands as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Experts specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Brand’s permission.
- BtechMarketingWala reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
- Violation of BtechMarketingWala’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on BtechMarketingWala.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Disputes should be handled by contacting BtechMarketingWala Customer Support.
- BtechMarketingWala may make changes to its Terms of Service from time to time. When these changes are made, BtechMarketingWala will make a new copy of the terms of service available on this page.
- You understand and agree that if you use BtechMarketingWala after the date on which the Terms of Service have changed, BtechMarketingWala will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to BtechMarketingWala by our users (Brands and Experts) is User Generated Content. BtechMarketingWala does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the BtechMarketingWala platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, BtechMarketingWala is not responsible for the content, quality or the level of service provided by the Experts (even if they are High Level Experts, Featured Ads/Services or otherwise). We provide no warranty with respect to the Ads/Services, their delivery, any communications between Brands and Experts. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Experts undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on BtechMarketingWala. Experts advertising online their Ads or services must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Ad or service and may lead to the suspension of Expert’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing a service on BtechMarketingWala, unless clearly stated otherwise on the Expert’s service page/description, when the work is delivered, and subject to payment, the Brand is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Expert, and the Expert waives any and all moral rights therein. Accordingly, the Expert expressly assigns to the Brand the copyright in the delivered work. All transfer and assignment of intellectual property to the Brand shall be subject to full payment for the service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as posts, shorts, videos etc.), the delivered work and its copyright shall be the exclusive property of the Brand and, upon delivery, the Expert agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Brand. Some Services (including for custom created work) charge additional payments (through Addons) for a Commercial Use License. This means that if you purchase the service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through an Addon and will have broader rights that cover your business use.
For Voice Over and Videos Listings, when the work is delivered, and subject to payment, the Brand is purchasing basic rights, (which means the Brand is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Addon. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Addon. For further information on the type of buy-outs, please read below.
Furthermore, users (both Brands and Experts) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to BtechMarketingWala, including Ads texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by BtechMarketingWala for no consideration for marketing and/or other purposes.
Voice Over or Video Commercial Buy-Out
When purchasing a Voice Over or Video Service, the Experts grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over or video (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Expert grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Expert grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to BtechMarketingWala’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Expert nor BtechMarketingWala will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Service Commercial Use License
By purchasing a “Commercial Use License” with your Order, the Expert grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Expert retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to BtechMarketingWala’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Expert nor BtechMarketingWala will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BTECHMARKETINGWALA NOR ANY PERSON ASSOCIATED WITH BTECHMARKETINGWALA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL BTECHMARKETINGWALA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with BtechMarketingWala, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.