Terms & Conditions for using the Live Video Shopping solution
By clicking on the Magic link button in the invitation email shared from Bambuser platform and activating your account, you agree and consent to the terms and conditions for using the Live Video Shopping Solution (‘LVSS’).
Please read these conditions carefully before using LVSS. By using the LVSS, you signify your agreement to be bound by these conditions.
These "Terms and Conditions" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Terms and Conditions
1. Your Account
• Your account for Oriflame LVSS will be created once you sign-up for the solution on “My Pages” section of your Oriflame account. The access to your account is provided via Magic link sent in an invitation email to your email address.
• These Terms and Conditions are for using and operating the LVSS.
• Live shows streamed from LVSS will be visible on your Personal Beauty Store.
• You will be provided the required training/materials from Oriflame’s end for managing and operating the LVSS.
2. Terms of services & pricing
LVSS is a shared project between you and Oriflame, to take us closer to our vision of being the number one social-selling company in the world and pioneering the way in live video shopping. LVSS will be available to you between 03 Oct 2022 to 30 Sep 2023, unless extended or revoked at the sole discretion of Oriflame, subject to the Bambuser Terms.
We may terminate or suspend availability of LVSS to you at any time, at our discretion.
You may terminate your access to LVSS: (a) for any reason whatsoever, by giving 2 months’ written notice to Oriflame at BambuserAdminsIN@oriflame.com; or (b) by giving a prior written notice of 14 days to Oriflame, in case of breach of these Terms and Conditions by Oriflame. Notwithstanding the aforesaid, you will be liable to pay fees for availing LVSS prior to termination or expiration of these Terms and Conditions.
The following conditions apply during the period of this agreement:
• Payment obligations are non-cancellable and paid fees are non-refundable, unless specifically permitted by Oriflame.
• Subscription based pricing model –You will be charged with an exclusive price of Rs 499/- per month in local currency, inclusive of GST. Subscription payment will be automatically added to your first order/invoice each month.
• If you do not place an order during the month, then the fee will be transferred to the order of the next month.
• If fee is not paid for 2 consecutive months, then Oriflame has the right to terminate LVSS service for you immediately.
3. You agree, understand and acknowledge that LVSS is an online platform that enables you to broadcast live shows with business-oriented content.
4. We will do our utmost to ensure that availability of the LVSS will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to LVSS may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension.
5. You agree and confirm that you will not make personal use of this platform or download or modify it, or any portion of it.
6. You will not commercially use any contents of the platform; any collection and use of any product listings, descriptions, or prices; any derivative use of platform; any downloading or copying of account information for the benefit of another seller.
7. You must not use the platform in any way that causes, or is likely to cause, the platform or access to it to be interrupted, damaged or impaired in any way.
8. You understand that you are responsible for all electronic communications and content sent from your computer or mobile device to viewers and you must use the platform for lawful purposes only.
9. You must not use the LVSS for any of the following:
a) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
b) to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
c) to cause annoyance, inconvenience or needless anxiety
d) unlawful use or sharing of third party’s personal data (including images)
10. In the event of breach of provision of the terms by You, Oriflame is entitled to terminate the Agreement immediately by providing a written notice. The notice will be effective upon delivery.
11. You are solely responsible for the contents you post and broadcast, and you agree to indemnify and hold us harmless for any cost and/or damages/ attorney fees, including damages for copyrigt infringement, that we incur as a result of your content. We reserve the right to assume the sole control of the defense and settlement of any third-party claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
12. By using LVSS, you understand and agree that some parts of the solution will be provided to you directly by Bambuser and will be subject to the Bambuser Terms and Oriflame will not be liable and/ or responsible in any manner whatsoever for your interactions or usage of any such parts of LVSS.
13. Viewers of this platform may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, mass mailings, or any form of "spam." In the event a viewer uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Oriflame reserves the right (but not the obligation) to remove, refuse, delete or edit any content in the sole judgement of Oriflame.14. If you do post content or submit material, and unless we indicate otherwise, you grant us
14. If you do post content or submit material, and unless we indicate otherwise, you grant us
a) a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
b) the right to use the name that you submit in connection with such content,
c) the right to usage of your images or of any other person who participates/associated in the videos,
d) the right to use the content or submitted material for the purpose of delivering LVSS and related support services,
e) the right to use the Solution Data for the purpose of optimizing and improving LVSS and related support services- to be used by Bambuser; and
f) the right to use Content solely in external communications, platforms and channels for marketing purposes.For the purpose of this clause, “Solution Data” means anonymized IP-addresses (three last digits are dropped post collection), admin related cookies and other anonymized data, including meta-data, product usage statistics, diagnostic, and technical data, usage statistics concerning or generated from your use of the LVSS. Solution Data does not include any conversation data.
15. Each Party represents that it has validly entered into these Terms and Conditions and has the legal power to do so. You represent that all information submitted to Bambuser or Oriflame in connection with LVSS, including account and billing information, is accurate, complete, and truthful, and that it shall promptly update any information that it has previously provided that subsequently becomes inaccurate. Furthermore, you represent that you have all necessary rights and licenses to transmit and provide the Content and any other data for use in LVSS as set out in these Terms and Conditions.
16. Except as explicitly provided herein or required under applicable law, Oriflame disclaims all warranties of any kind with respect to LVSS, whether express or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and title. Specifically, Oriflame makes no warranty as to LVSS will either meet your expectations, requirements, goals or needs, be uninterrupted, timely, secure, or error-free.
17. You agree to fully indemnify, defend, and hold harmless Oriflame, its affiliates, and officers, directors, employees, contractors, agents of Oriflame from and against any loss, costs, expenses or damages, directly caused by or incurred by reason of a third-party claim, or lawsuit arising out of or related to Content or your data or your acts or omissions in breach of these Terms and Conditions or the Bambuser Terms.
18. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
19. While using LVSS, you must at all times-
a) comply with applicable laws;
b) pay any due charges for LVSS according to the payment terms;
c) follow the instructions by Bambuser and take all measures required for LVSS to operate as intended;
d) be fully responsible and liable for the accuracy, and legality of Content and any data you provide in relation to LVSS and prevent unauthorized access to or use of LVSS, and promptly notify Oriflame about any such unauthorized access or use.
20. You shall in no event:
a) make any part of LVSS available to, or use any part of LVSS for the benefit of anyone other than yourself;
b) sell, license, distribute, make available, rent or lease any part of LVSS, or embedding LVSS in a service bureau or outsourcing offering;
c) publish, display, disclose or otherwise make available Unauthorized Content in a live show/video call or to the public;
d) use LVSS to store, disseminate, or disclose malicious code, including computer virus, worms, and trojans;
e) attempt to gain unauthorized access to LVSS or any other solution provided by Bambuser or its related systems or networks;
f) permit direct or indirect access to or use of LVSS in a way that circumvents a contractual usage limits;
g) copy or reverse engineer LVSS or any part, feature, function or user interface thereof;
h) frame or mirror any part of LVSS, other than framing on your own intranets or otherwise for your own internal business purposes or as permitted in these Terms and Conditions; and
i) remove any copyright, trademark or other proprietary rights notices associated with or visible via use of LVSS.
For the purposes of this clause, “Unauthorized Content”: means any content that (i) is hateful, offensive, racist, sexist, bigoted, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking or threatening; (ii) advocates or encourage conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; (iii) creates an impression that is incorrect, misleading, or deceptive; (vi) divulges other people’s privacy or personal data without permission; (vii) infringes any intellectual property rights; or (viii) impairs, or intends to impair, the brands or reputation of Bambuser or Oriflame.
21. Oriflame reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time.
22. These Terms and Conditions are governed by the laws of the country where Oriflame is registered and are subject to the exclusive jurisdiction