For the purpose of these Terms, wherever the context so requires, “You”, “Your” “ Community Opinion Leader”/ “COL” shall mean any natural or legal person who has agreed to become a service recipient on the Platform by visiting or accessing the Platform. The terms “Simsim Multiply”, “Simsim”, “ We”, “Us”, “Our” shall mean SZS Tech Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at 5th floor, DLF Centre, Block 124, Narindra Place, Sansad Marg, New Delhi, Delhi - India - 110001, (hereinabove & hereinafter collectively referred to as “Simsim Multiply”).
This is a legal agreement between You, the potential user of the Platform and Us. Your use of Our products, services and Platform or any of the products and services offered on the Platform (collectively, the “ Services”) is conditioned on Your acceptance without modification of these Terms.
Please read these Terms carefully before accepting. If You do not agree to these Terms, You should not use the Services. In this case, You understand and agree that Simsim Multiply will consider Your use of the Services as agreement to the Terms. It is thereby acknowledged by You that You have read, understood these Terms and are accepting to be bound by the same. If You do not want to be bound by these Terms, then You must not retain, access and/or use the Platform in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly, in contravention of these Terms, will render You liable for legal action by Simsim Multiply.
By downloading the Application from Google Play Store, You will also be subject to the Terms of Service of Google Play. If there is any conflict between the Terms of Service of Google Play and these Terms with respect to Your usage of the Android mobile platform application, then, these Terms shall prevail to the extent applicable under applicable laws.
Simsim Multiply may modify these Terms at any time and such modifications will be effective immediately upon being posted on the Platform and Simsim. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the changes.
In these Terms and Conditions, references to:
1.1. “Active COL” shall mean any COL who has submitted his/her video(s) in the previous 4 (four) weeks. For the purpose of clarity, ‘week’ shall mean 7 (seven) days starting from Monday to Sunday.
1.2. “Change of Control” shall mean: (a) any consolidation or merger of Simsim Multiply with or into any other corporation or other entity or person; (b) any transaction or series of related transactions resulting in transfer of more than 50% (fifty percent) of the voting rights in Simsim Multiply or existing equity shares; or (c) a sale of all or substantially all of the assets of, other than any transaction or series of related transactions which is primarily for the purpose of financing Simsim Multiply or a reincorporation of Simsim Multiply.
1.3. “Content” shall mean and include but not be limited to the creation of video(s), photo(s), or anything of like nature, uploaded by You on the Platform or submitted directly to Simsim Multiply through other modes than the regular mode such as e-mail, or other platform., selected by You, including the video(s), photo(s) or anything of like nature already uploaded by You on the Platform prior to accepting these Terms.
1.4. “Feedback” shall have the meaning ascribed to it under section 16.1 hereinbelow.
1.5. “Intellectual Property Rights” shall have the meaning ascribed to it under section 4.1(d) hereinbelow.
1.6. “Services” shall include but not be limited to: (i) creation of virtual store (“COL Store”) on the Platform wherein You will create Content and upload the videos/ post pictures on the Platform; (ii) sharing or releasing the Content created by You on third party social media platforms for the purpose of encouraging the customer(s) to visit the Platform, discover/select the right product and transact on the Platform and also to provide Services on the Platform; (iii) Content which has already been created by You and uploaded on Simsim Multiply and (iv) other incidental and related services that Simsim Multiply may include on the Platform from time to time.
1.7. “Simsim Wallet” shall mean a closed wallet service provided on the Platform, wherein Simsim Multiply will be entitled to credit points pursuant to the reimbursed amount, or any other transaction entered between You and Simsim Multiply on the Platform.
1.8. “Your Account” shall have the meaning ascribed to it under section 3.2 hereinbelow.
2.1. Services provided through the Platform are restricted to natural or legal persons who are 18 (eighteen) years of age or older and has the authority and capacity to enter into a legal agreement and is not temporarily or indefinitely suspended from using the Services;
2.2. The Platform is not intended for use by children and therefore, Simsim Multiply will not accept any registration done by the minor on the Platform.
2.3. Simsim Multiply does not collect personal information from anyone under the age of 18 (eighteen) years. With this understanding, You specifically agree that by using the Platform, You are at least 18 (eighteen) years of age and are competent under law to enter into a legally binding and enforceable contract.
3.1. To enable access and use the Services listed on the Platform, You are obligated to register on the Platform by providing Your mobile number which will be verified with a one time password sent to You by Simsim Multiply on the mobile number provided by You. You will also provide a sample video to Simsim Multiply in order to enable Simsim Multiply to qualify you to be a COL on the Platform.
3.2. While registering on the Platform or using any of the Services, You must provide current, complete, and accurate information for all required elements on the simsim Multiply app. The information that Simsim Multiply requests may include certain personal information, including, but not limited to, Your name, address, telephone number, e-mail address, date of birth, government identification number, and information regarding Your bank account (such as the name of the bank, the account type, routing number and account number). If any of the submitted details including bank account, PAN card are found to be incorrect or duplicate of an existing account, simsim may terminate your account and any pending payments would stand canceled. If at any time You wish to change or update any information/details (apart from the registered mobile number) provided while registering on the Platform, the same can be updated by visiting the profile section on the Platform (“Your Account”). Further, if You link Your social media account(s) with Your Account on the Platform, You agree to provide Us access and usage to the data/ content You have posted on such social media platforms.
3.3. You are responsible to keep Your Account details up-to-date at all times and must ensure that the password which You have created on the Platform to access Your Account must be confidential and must not disclose it to or share it with anyone. You shall be responsible for all activities that occur under Your login id and password in Your Account. You will not sell or otherwise transfer Your account or account details to another person or entity, under any circumstances. You agree to immediately notify Simsim Multiply of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. Simsim Multiply cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
3.4. If You use the Platform, You will be responsible for maintaining the confidentiality of Your Account with respect to the display name, password, Services and You shall be responsible for all activities that occur in Your Account. You hereby agree that if any information provided by You is untrue, inaccurate or incomplete or not current, or Simsim Multiply has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, or not current or not in accordance with these Terms, Simsim Multiply has the right to immediately and indefinitely suspend or terminate or block access of Your Account on the Platform, as the case may be.
3.5. You agree that You shall not (i) select or use as a username, a name of another person with the intent to impersonate that person; (ii) use as a username, a name that is otherwise offensive, vulgar or obscene. Simsim Multiply reserves the right to refuse registration of or cancel a username in its sole discretion. You will be solely responsible for any and all activity that takes place in or through Your Account and any consequences therefrom. If Simsim Multiply has reasons to believe that the activities carried on through the account or the Services rendered by You are offensive, vulgar or obscene, Simsim Multiply may without providing any reason suspend or terminate Your Account and delist You from all other affiliate websites/ platforms of Simsim Multiply and You shall not be able to register again on either the Platform or any affiliate website/ platform of Simsim Multiply, till the time such delisting has been removed by Simsim Multiply. However, Simsim Multiply may, at its sole discretion, terminate Your Account, if the Services rendered by You on the Platform are not as per the terms provided on the Platform and the breach of the same has occurred for more than 5 times. Further, Simsim Multiply, may at its sole discretion, delete Your Account which has remained inactive for 6 (six) months or more and the balance/ points in the deleted/ terminated account will not be transferable or encashed.
3.6. It is Your responsibility to ensure that the contact number entered by You while registering on the Platform is valid and correct as the contact number made available to Simsim Multiply on the Platform is treated as Your primary identification on the Platform and the basis on which Simsim Multiply will create a unique ID post which the system of the Platform does not allow You to change Your mobile number. You further agree to promptly notify/ update Your profile on the Platform by providing the updated e-mail address or change in any information provided on Your Account.
3.7. You agree and understand that You will communicate with Simsim Multiply through electronic records and You consent to receive and send communications via electronic modes including email, text messages, telephonic calls, etc.
3.8. Simsim Multiply shall not charge any fees for the registration and browsing of products on its Platform. It is however clarified that Simsim Multiply shall reserve the right to charge fee and change its policies in relation to fees from time to time and the revision with respect to fee and change in policies will be uploaded on the Platform as and when such change has been made, You are expected to regularly read these Terms to be updated of any such change in the Terms. SimSim Multiply will notify You when SimSim Multiply makes changes to the Terms that will have an adverse impact on Your use of the Platform.
4.1. To use the Services on the Platform, You agree:
a) not to breach or circumvent any laws, third-party rights or our systems, policies, or determinations or Your Account status;
b) not to use the Platform for committing any criminal offence or any unlawful activity or any fraudulent purposes or illegal purposes as per the applicable laws;
c) not to use the Platform for harassing any person or third party, or for making any defamatory, obscene, indecent remarks or be in breach of the Intellectual Property Rights (defined hereinafter) of any third party or act unlawfully in any other manner whatsoever;
d) not to infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (“ Intellectual Property Rights”) that vest with Simsim Multiply;
e) not to use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to modify or interfere with Platform or access the Platform or other third-party information for any purpose, except with the prior express and written permission of Simsim Multiply;
f) not to interfere with the working of the Platform, in any manner whatsoever.
4.2. Simsim Multiply shall not be held liable in the event any email/text message/automated phone calls remain unread by You due to reasons including non-delivery of the e-mail/text message/automated phone calls or delivery to Your junk or spam folder, as the case may be.
4.3. It shall be Your duty to exit/log-out of Your Account at the end of each session. Simsim Multiply shall not be responsible for any loss or damage that may result if You fail to comply with this requirement
4.4. You agree not to disrupt, overburden, or aid in the disruption or overburdening of any computer or server used to offer or support the Services on the Platform; or the enjoyment of Services on the Platform by any other user or person.
4.5. You shall not attempt to gain unauthorized access to other COL’s accounts, servers or networks connected to Services by any means. If You do so You will be held responsible for the loss/ damage caused to the COL whose account You have accessed.
4.6 Fake engagement policy: Platform doesn’t allow anything that artificially increases the number of views, likes, comments, or other metrics either by using automatic systems or serving up videos to unsuspecting viewers. Also, content that solely exists to incentivize viewers for engagement (views, likes, comments, etc) is prohibited. Content and channels that don't follow this policy may be terminated and removed from simsim.
If You hire someone to promote your channel, their decisions may impact Your channel. Any method that violates the Platform policies may result in content removal or a channel takedown, whether it's an action taken by You or someone You've hired.
We consider engagement to be legitimate when a human user’s primary intent is to authentically interact with the content. We consider engagement illegitimate, for example, when it results from coercion or deception, or when the sole purpose of the engagement is financial gain. Illegitimate engagement includes instances including but not limited to artificial increase of views, duplicate posting of content. All such engagement will be classified as spam engagement and will not be considered for incentives
How is engagement measured?
Only legitimate engagement will be considered for all purposes including calculation of incentives.
YOUR RIGHTS, RESPONSIBILITIES AND OBLIGATIONS
5.1. The below mentioned shall be Your responsibilities and obligations with respect to the Platform and the Services availed through the Platform:
a) Content created by You shall at all times be of high quality and as per the community guidelines (defined hereinbelow) issued by Simsim Multiply on its Platform, as the case may be from time to time;
b) Content or any part thereof, created by You shall not, in any manner be, illegal, unlawful, harmful, defamatory, obscene, blasphemous, racially inflammatory or attract the breach of privilege or, hurt the sentiments of any religious group/s or class of people or such bodies and groups;
c) Content created by You should be relevant to the products featured in the Content and be relevant to the preferences of the customers. You shall ensure that any Content created must solely be made for the purpose of reviewing products and such reviews shall be made in a professional and objective manner. You shall ensure that the Content is not defamatory, libellous or otherwise violative of personal rights of the customers.
d) You shall be solely responsible for all statements and claims made in the Content created or submitted by You. You shall refrain from making any incorrect or false statements in Your Content. You agree and understand that Simsim Multiply does not participate in product selection of the Content and shall bear no responsibility for the statements and claims made within Your Content.
e) You agree and understand that Simsim Multiply does not participate in, modify, edit or validate any product review video or Content. You shall be solely responsible for Your opinions in such Content including selecting a particular product in creating the content and any consumer actions taken against it.
f) You shall ensure that Your Content shall not violate any applicable laws or rules in India.
g) You shall ensure that the Content created by You for Simsim Multiply shall not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights of any third party, in any manner whatsoever.
h) You shall at all times, endeavour to promote the interest and welfare of Simsim Multiply and its Platform;
i) You shall, diligently, faithfully and to the best of Your abilities, extend complete assistance to Simsim Multiply and perform all duties and responsibilities normally associated with providing the Services, in a proper and efficient manner and shall in the performance of Your duties and responsibilities use all the knowledge, skill and experience which You possess;
j) During the subsistence and subsequent to Your engagement with Simsim Multiply, You shall ensure that You do not under any circumstance engage in any action or omit to act in a manner so as to impede or frustrate anything that operates to, or make any baseless or unwarranted derogatory statement to any third party in bad faith or in relation to Simsim Multiply or any of its employees, directors, associates, business practices.
k) Any out of pocket expenses incurred by You, in relation to the Services to be provided, including expenses incurred in relation to any softwares etc. used towards the creation of the Content shall be entirely borne by You and shall not be reimbursed by Simsim Multiply.
l) You shall not indulge in any illegal activity or misconduct / inappropriate behavior with any other user/person registered on the Platform and/or other social media platforms where the Content has been uploaded.
m) You shall indemnify and hold harmless Simsim Multiply and/or its officers, directors, employees, parent companies, subsidiaries, affiliates or representatives from any claims that may be brought against it by any third parties (including merchants) or customers for Content and videos created or uploaded by You.
n) You agree not to host, display, upload, modify, publish, transmit, store, update or share any content/information on the Platform that (“ Community Guidelines”):
(i) belongs to another person and to which the You do not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to children;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
5.2. It is clarified that Simsim Multiply does not take the responsibility to verify the Content description, information and any content uploaded on the Platform by You. However, Simsim Multiply reserves the right to directly take down such Content which violates the Community Guidelines as specified herein. It is further clarified that any reviews given by You on any Product are Your independent views and Simsim Multiply shall not, in any case, be held liable or responsible for any such reviews given by You.
5.3. The below mentioned shall be Your rights with respect to the Platform and the Services availed through the Platform:
Subject to the Community Guidelines of Simsim Multiply and pursuant to the responsibilities and obligations defined under Clause 5.1, You shall have the discretion to choose and decide the products for which You would like to create a Product Review Video and for the Content created by You. Simsim shall not interfere with the product selection or with the Contents of Your videos and shall not alter, change, modify or otherwise edit Your Content unilaterally.
5.4 You undertake to clearly identify any video as a ‘paid promotion’ where You have received any benefit or payment from any merchant or a third party to create such video for the product.
PAYMENTS AND REIMBURSEMENTS
6.2. You agree to provide necessary documentation including your valid and correct Permanent Account Number and Goods and Services Tax Identification Number (‘GSTIN’), with the correct legal name or suitable declarations, as may be required, for Simsim to satisfy any information reporting or withholding taxes or any tax or legal obligations with respect to any payments under this Agreement. If your details are invalid or inoperative under the applicable laws, Simsim shall maintain the right to deduct or collect or withhold taxes at a higher rate, as is prescribed under the applicable laws. You agree to indemnify Simsim for any taxes, interest, penalty, fines, or such other payments required to be paid by Simsim on account of wrong details provided by you and Simsim maintains the right to deduct from payments to be made to you for any such indemnified amounts. You confirm that you would duly pay any applicable taxes, levies or similar amounts on your income, as applicable under this Agreement on all amounts on which taxes, levies or similar amounts are not or inadequately withheld and report and file a return of income under the applicable laws and provide the necessary certifications in this respect.
6.3. You understand and agree that all valid credit, debit, cash card or any other payment instruments including net banking transfers that are processed using third party credit card payment gateways such as a. One97 Communications Ltd. ( PayTM customer care number ) and b. Razorpay Software Private Limited ( Razorpay Support) or appropriate payment system infrastructure are also governed by the terms and conditions agreed to between You and the respective issuing bank and payment instrument issuing company. 6.4. The payment facility provided by Us is neither a banking nor financial service but is merely for the purposes of facilitating electronic/automated online electronic payment, or for receiving payments through the modes stated in order to complete the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, We neither act as trustees nor act in a fiduciary capacity with respect to the transactions made on the Platform or the transaction price.
UTILISATION OF SIMSIM WALLET
7.1. Simsim Multiply provides the facility of Simsim Wallet which will be associated with the Services/ Content provided by You through Your Account on an individual basis. Simsim Multiply will credit points in the Simsim Wallet in accordance with the reimbursement policy as mentioned under ‘incentive information’ section on the Platform. The credit points credited in the Simsim Wallet can be utilized to make payments for the purchase of the product either from the Platform or through Simsim e-commerce application.
7.2. You agree and acknowledge that the credit points available in Your Simsim Wallet are non-transferable, non-exchangeable for cash, and non-convertible to any other form of credit or kind.
7.3. You agree and acknowledge that the utilization of credit points in the Simsim Wallet can be limited and vary on the basis of the different categories or price points of the products by Simsim Multiply. You further agree and understand that Simsim Multiply reserves the right to modify the Terms with respect to utilization of credit points without prior written notice to You.
INTELLECTUAL PROPERTY RIGHTS
8.1. Your use of the Platform is, and at all times will be, governed by and subject to the copyright, trademark, patent, and trade secret laws regarding ownership and use of intellectual property. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Platform.
8.2. All trademarks, brands and service marks of the Platform including those mentioned in the Simsim Multiply packaging (if any) are the sole property of Simsim Multiply, including all the copyrights and database in relation to the Platform.
8.3. The Platform and any underlying technology or software used in connection with the Platform may contain rights of Simsim Multiply or its affiliates or any third-party connected thereto. For use of any third-party’s intellectual property, You may need to get permission directly from such third-party owners of that intellectual property.
8.4. Any intellectual property which is not specifically mentioned to be owned by Simsim Multiply is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
8.5. You confirm and undertake not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. You further agree to indemnify and hold Simsim Multiply, its directors, employees, affiliates and assigns harmless against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by You or through the Your commissions or omissions.
RIGHTS GRANTED TO SIMSIM MULTIPLY FOR CONTENT
9.1. You retain all rights, title and interest in, and are solely responsible for, the Content created by You and posted by You as Services on the Platform. However, by uploading the Content on the Platform, You hereby grant Simsim Multiply (and its successors' and affiliates') a worldwide, non-exclusive, paid up and royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the services provided by Simsim Multiply through its Platform, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
9.2. Simsim Multiply shall have the sole right to further assign or license the Services hereunder created to any associate /affiliate/ subsidiary company or any other entity/ person as it may deem fit and according to its discretion without any obligation to inform You.
9.3. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the services provided by Simsim Multiply through its Platform and under these Terms. You understand that Simsim Multiply does not guarantee any confidentiality with respect to any Content You submit to Us.
9.4. You shall be solely responsible for Your own Content and the consequences of submitting and publishing Your Content. You affirm, represent, and warrant that You own or have the necessary rights, licenses, permissions, and consents necessary to publish any Content You submit. You further agree that all Content You submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary or other rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant Simsim Multiply all of the rights granted herein.
9.5. Following termination or deactivation of Your account, or if You remove any Content from the Platform, the licenses You have granted herein shall expire within a commercially reasonable period of time. However, we may retain Your Content for backup, archival, or audit purposes indefinitely.
REDIRECTION OF CLAIM MADE BY THIRD PARTY
Further, if in the event Simsim Multiply receives any notice including but not limited to: any claim/ damages/ penalties (either directly or indirectly) pertaining to the Services and/ or the Content from any third party regarding the Services and/ or Content created by You then Simsim Multiply reserves the right to immediately take down/remove that particular Service and/ or the Content, as the case may be, from the Platform and may take an action to block/ terminate Your Account from the Platform, with or without any pre-notice to You. It is hereby agreed that Simsim Multiply will redirect the claim made by any third party with respect to the Services and/ or the Content created by You, directly to You and You shall be solely held accountable and responsible for such claim/ damage/ penalty and will not hold Simsim Multiply accountable for the same in any manner whatsoever. You have a right to make an appeal to Simsim Multiply in relation to the Simsim Multiply’s decision of removing your Content from the Platform, by writing to our Grievance Officer at email@example.com and Simsim Multiply shall review your appeal and respond to You within a reasonable time.
You agree to indemnify and keep indemnified and hold Simsim Multiply and/or its officers, directors, employees, parent companies, subsidiaries, affiliates or representatives, fully and effectively harmless, from and against any and all, either direct or indirect, losses, penalties, judgements, suits, costs, including legal costs, claims, actions, liabilities, assessments, damages and expenses incurred by or asserted against Simsim Multiply and/ or their affiliates as a result of, relating to or arising from these Terms and Services and/ or the Content, inter alia, out of a breach or non-performance by You of any warranties, undertakings, obligations or representations given by Yourself, whether express or implied. It is hereby clarified that Simsim Multiply shall not be liable for any indirect, special and / or consequential damages arising out of this arrangement. Notwithstanding any provision set forth herein, the maximum aggregate proven liability of Simsim Multiply towards You shall not exceed the aggregate amount of fees received from Simsim Multiply in the immediately preceding month from the date of acceptance of the claim. In the event that any of the provisions of these Terms are held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.
CHANGE OF CONTROL
If in the event there is any Change of Control of Simsim Multiply then You agree and acknowledge that You shall continue to abide by the terms and conditions as stipulated in detail in these Terms. Further, a Change of Control shall be considered as deemed assignment by operation of law for the purpose of this section.
No delay or omission by either party to exercise any right or power it has under these Terms shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach shall not be construed to be a waiver of any succeeding breach. All waivers must be in writing and signed by the party waiving its rights.
15.1. Simsim Multiply may be required under applicable law to notify You of certain events. You hereby acknowledge and consent that such notices will be effective upon Simsim Multiply posting them on the Platform or delivering them to Your Account or to the email address provided by You at the time of registration. If You have not provided accurate information, Simsim Multiply shall not be held liable for failure to notify You.
15.2. Simsim Multiply shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond its control such as acts of God, war, terrorism, riots, embargoes, COVID- 19, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, pandemic, epidemic, government orders, directions, guidelines strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
15.3. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within 15 (fifteen) days of such claim or cause of action arising or be forever barred from making the claim.
15.4. If any part of these Terms is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms shall continue in full force and shall be valid.
15.5. Simsim Multiply reserves the right to moderate, restrict or ban the use of the Platform to any COL in accordance with Simsim Multiply policy/policies as amended from time to time.
15.6. Simsim Multiply may, at its sole and absolute discretion, permanently close or temporarily suspend any Services provided on the Platform and it shall not be held liable for any such permanent or temporary closure or suspension or termination.
16.1. In the event You have any questions, feedback, suggestions, experience, comments and requests (“Feedback”) regarding these Terms, You may address the same to the designated grievance officer the details are provided here in under. Any complaints or concerns with regards to any content on the Platform or any breach of Terms or any other policy can be directed to the designated officer in writing and the details are as follows:
5th floor, DLF Centre, Block 124, Narindra Place, Sansad Marg, New Delhi, Delhi - India - 110001
16.2. A complaint or concern may also be raised through an email to firstname.lastname@example.org or email@example.com