Lead Ad Terms
Last updated: 07th December, 2023
Mohalla Tech Private Limited ("ShareChat", "Company", "we", "us" and "our") enables you ("Advertiser", "you" and "your") to run ‘lead ads’ i.e. advertisements through which ShareChat users can provide their name, email address, and other user information to you (“Lead Ads”).
These terms (“Lead Ads Terms”) govern your use of the Lead Ads feature on our website located at https://sharechat.com and/or the ShareChat mobile application (collectively, the "Platform").
Do remember that by using features made subject to these Terms, you agree to these Terms and are entering into a legally binding contract.
1. Introduction
ShareChat’s Terms of Use, Privacy Policy, Cookie Policy, Content and Community Guidelines, Self-Serve Advertising Terms and ShareChat Ads Regulated and Prohibited Content Policy will apply mutatis mutandis to these Terms which are expressly incorporated herein (together, the "Policies").
You shall also sign an order form/agreement setting out the commercial arrangement with respect to your use of the Lead Ads feature on the Platform (“Insertion Order”). Together, the Terms, the Policies and the Insertion Order are hereinafter referred to as the "Ad Agreement". These terms govern your use of Lead Ads, and do not replace any other terms applicable to your purchase of advertising inventory from ShareChat.
It is your sole responsibility to ensure each Lead Ad submitted by you complies with the Ad Agreement, and all applicable laws, rules and regulations (including providing all necessary disclosures to ShareChat users). In case of a conflict between the Terms and the Policies, the Terms shall supersede any and all conflicting terms in the Policies solely with respect to your use of the Lead Ads feature and solely to the extent of the conflict. In case of a conflict between the Insertion Order and the Terms and/or Policies, the Order Form shall supersede any and all conflicting terms in the Terms and/or Policies solely with respect to your use of the Lead Ads feature and solely to the extent of the conflict.
If you are accessing or using the Lead Ads feature on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to the Ad Agreement, and your agreement to the Ad Agreement will be treated as their respective agreement. In this event, ShareChat may hold you responsible for violations of the Ad Agreement by that business or third party and/or any liabilities arising out of such use of the Lead Ads feature, and "Advertiser", "you" and "your" will also refer and apply to that business or third party.
2. Disclosures
It is your sole responsibility to ensure that each Lead Ad provides the following disclosures to ShareChat users:
any and all disclosures and choice mechanisms which are required for compliance with applicable laws, rules and regulations. This will include any necessary offer terms mentioned in your Lead Ad (for example, date of expiration of the offer, conditions subject to which the offer is made);
reasonably prominent notice that any user data submitted through the Lead Ad will be regulated in accordance with the offer terms, your privacy policy and the ShareChat privacy policy; and
hyperlink to your terms of use and / or privacy policy.
3. Use of Lead Ad Data
Users may provide their name, email address, and other user information through the Lead Ads (“Lead Ad Data”). It will be your sole responsibility to ensure that the Lead Ad Data is used in accordance with the Ad Agreement, your privacy policy, user consent, offer terms of the relevant Lead Ad, any other additional conditions agreed to by users, and applicable laws, rules and regulations (including all applicable data privacy, advertising, telemarketing or other laws).
Any Lead Ad Data received by you, on behalf of yourself or a third party, can only be used or shared for the purpose for which it was collected. The purpose of collection must be specified in a prominent notice at the time of collection, and agreed to by the user. You are not permitted to supplement, incorporate, combine, or in any way merge the Lead Ad Data with data held by any other entity, including any data you may own or possess.
You are responsible for ensuring that (i) any Lead Ad Data transferred by you is only used by the recipients to fulfil the purpose for which it was collected, (ii) any third parties to whom you transfer Lead Ad Data comply with the Ad Agreement and all applicable laws, rules and regulations.
4. Intellectual property
You grant ShareChat a non-exclusive, royalty-free, worldwide, sublicensable, and non-transferable right and license to use, copy, modify, market, display, publish, perform, transmit, distribute, and/or authorize the use of any content, marks, logos, and materials provided by you for placement of Lead Ads on ShareChat (“Lead Ad Materials”). The usage rights granted to ShareChat extend to all relevant proprietary rights, including but not limited to copyright, design, trademark, and ancillary rights.
You will remain at all times the owner of the Lead Ad Materials and all intellectual property rights therein, and ShareChat will not acquire any interest therein by reason of this Ad Agreement. However, once displayed, Lead Ads are public information. Lead Ads may be reshared and accessed outside of the targeted audience.
If you choose to provide suggestions or feedback to ShareChat, you agree that ShareChat can (but does not have to) use and share such feedback for any purpose without any compensation to you. ShareChat reserves all of its intellectual property rights in the Lead Ads feature and any statistics, data, report, or other information provided to you through or in connection with the Lead Ads feature or otherwise by ShareChat.
5. Data protection measures
You are compliant with all necessary and sufficient technical and organisational measures to prevent unauthorised or unlawful access to Lead Ad Data, as well as any accidental loss, destruction or damage to Lead Ad Data.
6. Suspension and termination
ShareChat reserves the right to reject, suspend, remove, deactivate, or not deliver any Lead Ads, or ShareChat may suspend or terminate your account or your access to the Lead Ads feature with immediate effect if you breach the Ad Agreement, or applicable laws, rules and regulations. Further, ShareChat reserves the right to terminate or suspend any of your Lead Ads or associated account or your access to the Lead Ads feature at any time and for any or no reason, with prior notice of seven (7) days. ShareChat may, at any time, replace the features associated with the Lead Ads feature. ShareChat is also entitled to limit, modify, test, and extend the Lead Ads feature or the Terms at any time, and your continued use of the Lead Ads feature constitutes acceptance of those changes.
You may discontinue your use of the Lead Ads feature at any time.