Contents
- 1. Introduction
- 2. Eligibility & Account Registration
- 3. Our Role as an Intermediary
- 4. Terms for Brands
- 5. Terms for Creators
- 6. Wallet System
- 7. User Content & IP
- 8. Payment, Fees & Refunds
- 9. Communication Consent
- 10. Prohibited Conduct & Termination
- 11. Disclaimer & Limitation of Liability
- 12. Indemnification
- 13. Third-Party Services
- 14. Governing Law & Dispute Resolution
- 15. Changes to These Terms
- 16. Grievance Officer
- 17. Contact Us
Terms and Conditions
for CollabWish Media
1 1. Introduction
Welcome to CollabWish Media ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our website located at https://www.collabwish.com, our mobile applications, and any related services (collectively, the "Services") provided by CollabWish Media.
By accessing or using our Services, including browsing our website, registering an account, or participating in any campaign, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
We are India's premier creator marketing agency, specializing in user-generated content (UGC) and connecting brands with a network of creators, including nano and micro influencers.
2 2. Eligibility and Account Registration
2.1 Eligibility
To use our Services, you must be at least 18 years old or the age of majority in your jurisdiction. By using our Services, you represent and warrant that you meet this requirement. The Services are not available to individuals under the age of 13.
2.2 Account Registration
You are required to register for an account to access certain features of our Services. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your password and account. You agree to notify us immediately of any unauthorized use of your account.
2.3 Account Types
CollabWish Media offers two primary types of accounts:
- Brand Account: For businesses and organizations seeking marketing and creator services.
- Creator Account: For influencers and UGC creators looking to collaborate with brands.
3 3. Our Role as an Intermediary
CollabWish Media acts as an intermediary platform and agency that facilitates collaborations between Brands and Creators. We connect brands with creators, manage campaigns, and provide payment processing services. While we strive to ensure quality, we do not guarantee specific results, engagement metrics, or the performance of any campaign. We are not a party to the direct agreement between any Brand and Creator, except as otherwise specified in a separate written contract.
4 4. Terms for Brands
4.1 Campaign Creation and Fees
Brands may create campaigns by providing detailed briefs, including deliverables, timelines, and budgets. A campaign creation fee or service fee may apply, which is non-refundable once the campaign is live or work has commenced. Campaigns are subject to review and approval by CollabWish Media before being made available to creators.
4.2 Payment and Hold
Brands agree to pay the total campaign amount in advance. CollabWish Media holds these funds securely in a designated account. Funds are released to the Creator only after: (a) The Creator submits proof of deliverable completion; (b) The Brand approves the submitted work; (c) Any applicable dispute resolution period has passed.
4.3 Refund Policy for Brands
If a Creator fails to complete the agreed-upon deliverables, the Brand may raise a dispute. Upon verification by CollabWish Media that the Creator has materially failed to perform, a refund may be issued to the Brand's CollabWish wallet or source account, minus any non-refundable service fees. Refunds are not provided for changes in the Brand's strategy, subjective creative preferences, or poor campaign performance.
4.4 Product Deliveries
In campaigns involving physical products, products are shipped directly by the Brand to the Creator. CollabWish Media acts solely as an intermediary and holds no responsibility for the delivery, quality, or condition of such products.
5 5. Terms for Creators
5.1 Profile and Content
Creators agree to provide accurate information in their profiles, including but not limited to demographics, engagement metrics, and content categories. Creators warrant that all content submitted is original, does not infringe on any third-party rights, and complies with all applicable laws, including the ASCI guidelines.
5.2 Campaign Participation
Creators must adhere to the specific campaign brief, guidelines, and deadlines provided. Failure to complete deliverables on time may result in non-payment, withholding of funds, or removal from the platform.
5.3 Prohibited Activities
Creators shall not engage in fake engagement (bots, purchased followers), plagiarized content, misrepresentation of identity, or sharing confidential brand information. Violation leads to immediate account termination and forfeiture of pending payments.
5.4 Payouts and Taxes
Payments are credited to the Creator's digital wallet. Creators are solely responsible for declaring income and paying all applicable taxes, including GST and income tax. CollabWish Media may deduct TDS as per applicable regulations.
6 6. Wallet System
CollabWish Media provides a digital wallet feature. For Brands: Funds can be added to the wallet to pay for campaigns but cannot be withdrawn except as a refund. For Creators: Earnings are credited to the wallet and can be withdrawn to a bank account. Wallet funds are not interest-bearing and cannot be used outside the CollabWish Media platform.
7 7. User Content and Intellectual Property
You retain ownership of your User Submissions. By submitting content, you grant CollabWish Media a non-exclusive license to use it for operating our Services. You shall not upload illegal, obscene, defamatory, or infringing content. We have a zero-tolerance policy for pornography.
8 8. Payment, Fees, and Refunds
All fees are as displayed on our platform. GST (18%) and applicable payment gateway charges will be added. Except as expressly provided for Brand refunds, all fees paid to CollabWish Media are non-refundable.
9 9. Communication Consent
By creating an account, you consent to receive communications via phone call, SMS, RCS, WhatsApp, or email for service-related and promotional purposes. You may opt out of promotional communications at any time.
10 10. Prohibited Conduct and Termination
You agree not to use our Services for unlawful purposes, impersonate others, interfere with our Services, or scrape data. We reserve the right to suspend or terminate your account for breach of these Terms.
11 11. Disclaimer of Warranties and Limitation of Liability
11.1 No Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES. WE DISCLAIM ALL IMPLIED WARRANTIES.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE PRECEDING SIX MONTHS, OR ONE THOUSAND RUPEES (RS. 1000), WHICHEVER IS LOWER.
12 12. Indemnification
You agree to indemnify and hold harmless CollabWish Media from any claims arising out of your use of the Services, your User Submissions, or your violation of these Terms.
13 13. Third-Party Services
Our Services may contain links to third-party websites. We are not responsible for their content, privacy policies, or practices.
14 14. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of India. Any dispute shall be resolved through binding arbitration in Mumbai, India, in accordance with the Arbitration and Conciliation Act, 1996.
15 15. Changes to These Terms
We reserve the right to modify these Terms at any time. Your continued use of the Services after changes constitutes your acceptance of the new Terms.
16 16. Grievance Officer
In compliance with the Information Technology Act, 2000:
Name: Atif Khan
Email: atif@collabwish.com
Response Time: Grievances will be redressed within 1 month (30 days) of receipt.
17 17. Contact Us
If you have any questions about these Terms, please contact us at:
CollabWish Media
Email: atif@collabwish.com
Website: https://www.collabwish.com