1. What This Section Covers
This section explains:
- Which country's laws apply when you use Oye Creators.
- Where any lawsuit or arbitration must be filed.
- What steps you and we must follow before going to court or arbitrator.
It applies equally to all three types of users on our platform:
- Brands & Businesses that post campaigns ("Gigs")
- Creators who perform those Gigs once selected
- Oye Creators (TTL Media Pvt. Ltd.) as the platform operator
2. Governing Law: India First, International Second
- Primary Law: All terms and disputes are governed by the laws of India, including but not limited to:
- The Indian Contract Act, 1872 (your agreement to these terms)
- The Arbitration & Conciliation Act, 1996 (if we arbitrate)
- The Information Technology Act, 2000 (online communications and data)
- International Law: If there are mandatory rules under international treaties or conventions (e.g., for cross-border data), those also apply—but only to the extent they cannot be overridden by private agreement.
3. Definitions & Scope of "Dispute"
"Dispute" or "Claim" means any disagreement, complaint, or demand arising out of or relating to:
- Your use of the platform (e.g., a Creator not getting paid)
- Any campaign, contract, or content delivered
- Interpretation of these terms themselves
Excluded Matters: Personal injury, death, or intellectual property infringement claims may proceed directly in court.
4. Try to Resolve Things Informally First
Before filing a lawsuit or arbitration:
- Send us a written notice explaining your issue in reasonable detail.
- Email to: legal@oyecreators.com
- Postal address: TTL Media Pvt. Ltd., [Registered Office], Pune, Maharashtra 411001, India
- 30-Day Window: We both agree to discuss in good faith for up to 30 days. If we can't settle, then proceed as below.
5. Your Options: Court or Arbitration
A. Court Proceedings
- Where: Courts in Pune, Maharashtra, India
- Why Pune? That's where our headquarters sit—so it's fair and predictable.
- How: File your suit at the appropriate Pune court (e.g., the City Civil Court or District Court, depending on the claim amount).
B. Arbitration (Our Option)
- Seat (Legal Home): Pune, Maharashtra, India
- Rules: Arbitration & Conciliation Act, 1996
- Arbitrator: One sole arbitrator, mutually agreed or appointed by the Pune branch of the Indian Council of Arbitration
- Language: English
- Procedure Highlights:
- Notice of Arbitration: Written demand specifying your claim and relief sought
- Timetable: Hearing within 6 months of arbitrator appointment (unless parties agree otherwise)
- Award: Final and binding, enforceable like a court judgment
6. Waiver of Class Actions
You and we each give up the right to participate in any class, collective, or representative action or arbitration. Keeps proceedings simpler and ensures fairness for small disputes.
7. Costs & Fees
- Court: Each party bears its own lawyer's fees, unless the court orders otherwise.
- Arbitration: The losing party typically pays the arbitrator's fees and related administrative costs, unless the arbitrator allocates them differently.
8. Severability
If any single part of this section is found unenforceable (e.g., a specific time limit), the rest remains in force. We'll replace the invalid part with something as close as possible to the original intent.
9. No Waiver
If we don't enforce a right right away (e.g., we delay suing you for non-payment), that doesn't mean we give up that right forever.
10. Updates & Your Continued Use
We may change this notice from time to time. Look at the "Last updated" date at the top of our Terms. By continuing to use Oye Creators after a change, you accept the new rules.
11. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless TTL Media Pvt. Ltd. ("Oye Creators"), its affiliates, and each of their officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnitees") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) made by any third party due to or arising out of:
- Your breach or alleged breach of these terms or any representation or warranty herein;
- Your violation of any law or the rights of a third party (e.g., intellectual property infringement or privacy violations);
- Your misuse of the platform, including but not limited to content you post, campaigns you run or participate in, and any promoters or bots you employ.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claim.
Plain English Summary
- Law: Indian law (plus any essential international rules).
- Where: Pune courts, or arbitration in Pune if we pick that route.
- First Step: Write to legal@oyecreators.com and give us 30 days to fix it.
- Solo Play: No group lawsuits—only individual claims.
- Indemnification: You cover us if a third party sues over your breach or content.
- Fairness Guarantee: If any piece is struck down, everything else still works.