Effective Date: 05.09.2024
Welcome to House Of Talentt! These Terms and Conditions ("Terms") govern your use of our mobile application ("App") and related services, made available by VCS Organization (“Entity”, “we”, “us” and “our”) a firm registered under the laws of India having its office at House No. 347, Sector 7, Jind, Haryana 126102, India. The terms “you” and “your” refer to the user of this App.
These Terms are to be read with the other policies of the App. By downloading, accessing, or using the App, you agree to these Terms. If you do not agree to the terms and conditions of these Terms, please do not use this App.
By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms from time to time, and your continued use of the App constitutes acceptance of any changes.
Our App is dynamic and may change rapidly. As such, we may change the services we provide at our sole discretion. We may, temporarily, or permanently, stop providing services or any features to you generally.
You shall be notified in our App as and when any of the terms and conditions contained herein are modified/amended. Your continued use of our App after any modifications will be considered as your acceptance of the updated terms and conditions.
You must be at least 18 years old to use the App. If you are under 18, you may only use the App with the consent of a parent or legal guardian. By allowing a minor to use the App, parents or guardians accept full responsibility and liability for the minor’s use, including content shared and interactions. We may terminate access and remove content if a user is found to be under 18 without proper consent.
Our App helps you stay in touch with your friends/family/followers/community and enables you to upload and share videos.
The user has access to the following features, which include but are not limited to:
Participate in video-making contests hosted by the App. Following are the Rules and Format for the Video making contests.
To access certain features of the App, including contest participation, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account.
You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you accept these Terms on behalf of a company or legal entity, you represent that you have the authority to bind that entity, and "you" and "your" will refer to the company.
Users can delete their accounts anytime through the app’s settings. Upon confirmation, all associated data will be permanently deleted from our servers, subject to our Privacy Policy and data retention.
We reserve the right to terminate or suspend accounts for violations of our Terms of Service.
Even after account deletion, we may retain certain information as required by law or for legitimate business purposes, in accordance with our Privacy Policy.
Deleted accounts cannot be restored. Users are advised to back up any data they wish to retain before deletion.
For assistance with account deletion or related inquiries, please contact our support team at support@houseoftalentt.com.
To enter contests, users must purchase virtual coins ("Coins") through the App. Coins are available for purchase using real currency at a rate of 10 coins = 1 INR.
Users must pay the registration fee for each contest using Coins, as specified within the contest details in the App.
Contest registration fees are non-refundable and non-transferable. We reserve the right to cancel any contest at any time for any reason without notice. If a contest is canceled, we will refund registration fees paid by users who entered.
Users may request to withdraw funds from both purchased and earned virtual coins. The conversion rate is 10 coins per 1 Indian Rupee (INR). Withdrawals are subject to a minimum limit of 1000 coins. Withdrawals will be processed according to our Transaction and Refund Policies and may involve additional verification and processing time. Applicable taxes under Indian law will be deducted from the withdrawn prize money.
We maintain records of your coin transactions, including purchases, withdrawals, and balances.
Winning users who are eligible for cash prizes may withdraw their winnings through the App’s authorized and secured payment gateway. Prize withdrawals are subject to such payment gateway’s terms and conditions.
Winners may be required to provide additional verification information as part of the withdrawal process. Failure to provide requested information may result in forfeiture of the prize.
Withdrawal fees may apply and will be deducted from the prize amount as specified by such payment gateway.
Please note that prize money withdrawals are subject to applicable taxes under Indian law. Taxes will be deducted from the withdrawn amount as required by law.
A 28% GST is applicable on the amount spent by you when purchasing coins in the app. You can view the GST paid on each coin purchase on the ‘My Transactions’ page within the app. The GST amount listed on the invoice will be the final GST charged to you.
Example:
Amount for 100 Coins: ₹1000
GST (28%): ₹1000 × 28% = ₹280
Total Amount Charged: ₹1000 (coins) + ₹280 (GST) = ₹1280
Net Winnings is calculated as the difference between the total amount withdrawn and the total amount deposited in a financial year.
Example:
Total Deposit: ₹4000
Total Withdrawal: ₹6000
Net Winnings: ₹6000 - ₹4000 = ₹2000
Tax is calculated at a rate of 30% on the Net Winnings at the time of withdrawal or at the end of the financial year (31st March).
Example:
Net Winnings: ₹2000
Tax: 30% of ₹2000 = ₹600
The tax will be deducted either at the time of withdrawal or on 31st March (end of the financial year). The total tax liability for the year will be calculated and deducted from the user's wallet.
If the total withdrawal is less than the total deposit, no tax will be deducted.
Example:
Total Deposit: ₹7000
Total Withdrawal: ₹5000
Net Winnings: ₹5000 - ₹7000 = -₹2000 (Negative Net Winnings)
Since Net Winnings is negative, no tax will be deducted.
At the end of the Financial Year, if you have any remaining amount in your App’s account, tax will be deducted from that amount considering it a “withdrawal.” The remaining amount will be carried forward to the new Financial Year.
Example:
Opening Balance (1st April 2024): ₹1000
Total Deposit: ₹3000
Total Withdrawal: ₹4500
Closing Balance (31st March 2025): ₹1500
Net Winnings Calculation: = (Total Withdrawal) + (Closing Balance) - (Total Deposit) - (Opening Balance) = ₹4500 + ₹1500 - ₹3000 - ₹1000 = ₹2000
If your Net Winnings decrease during the year, you may be eligible for a refund of excess TDS by filing your income tax returns. We will issue a tax deduction certificate showing the tax deducted, but we will not directly refund excess TDS.
Tax Certificates will be issued within one month from the last date of filing TDS returns for each quarter.
In case of any revisions by the Government of India regarding the aforementioned rates or the definition of Net Winnings, TDS will be deducted by us in accordance with the then-current prescribed TDS rate and the revised definition of Net Winnings. We shall not be responsible for users' tax matters.
You retain ownership of the content you create using the App ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, perpetual, and irrevocable license to use, modify, reproduce, distribute, and display the User Content in connection with the App and its promotion.
You also grant other users the right to share/communicate such User Content for a limited private or non-commercial use alone. Any User Content will be considered non-confidential. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or belonging to third parties, or in violation of applicable laws.
When you submit User Content through the Services, you agree and represent that you own that User Content or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services. You grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute any User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display User Content in any form and any/all media or distribution methods (currently known or later developed). To the extent it is necessary, when you appear in, create, upload, post, or send User Content, you also grant us unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation if your data is used by us for marketing, advertising, or improving our Services. While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms as well as for purposes as mandated by applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
You further acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
You further acknowledge that, except as specifically permitted by us in these Terms or in any other agreement you may enter into with us, you have no right to receive any income or other consideration from any content that you publish on the App or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you.
If you are a composer or author of a musical work and are affiliated with a performing rights organization, then you must notify your performing rights organization of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant performing rights organization’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain consent from such music publisher to grant the royalty-free license(s) outlined in these Terms in your User Content or have such music publisher enter into these Terms with us.
Authoring a musical work (e.g., wrote a song) does not necessarily give you the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services complies with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
We use the information we have to study our Service and collaborate with third parties for research purposes in order to make our Service better and contribute to the well-being of our community.
We may, but are not obligated to, monitor or review User Content and conduct investigations related to your User Content and your use of the Services.
We reserve the right to take any action we deem appropriate, including but not limited to removing User Content, suspending or terminating your access to the Services, or reporting you to law enforcement, if we believe you have violated these Terms.
The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the App will be error-free, secure, or uninterrupted. It is further agreed that:
By accessing Our App, you hereby agree to indemnify Us and/or any of Our employees, associates, licensors and sister/related/family/affiliate entities/concerns (“Representatives”) against all liability, cost, loss, claims or expense arising out of Your access to Our App, arising due to any negligence on Your part and/or any illegal act on Our App and/or non-compliance with these Terms.
Neither we nor our Representatives shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of or inability to use Our Services, even if We have been advised of the possibility of such damages.
You, with this, waive each and every right You may have against Us and/or Our Representatives for any injuries, accidents, or other events that may occur as a result of You accessing Our App, participating in Contests, or receiving Contest prizes. This waiver includes any known or unknown, anticipated or unanticipated events.
These Terms and Conditions are governed by and construed in accordance with the laws of India.
All disputes arising under or in relation to these Terms and Conditions may be referred to arbitration before a sole arbitrator, mutually appointed by both parties. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Indian Arbitration and Conciliation Act, 1996 (the “Act”), the Parties shall approach the competent Court under the Act for appointment of the sole arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rule framed thereunder and the place/seat of Arbitration shall be Delhi. The arbitration proceedings shall be conducted in English.
The courts of Delhi, India, shall have exclusive jurisdiction over any legal proceedings related to these Terms and Conditions.
In case you have any complaints or grievance pertaining to (i) any User Content that You believe violates these Terms including any infringement of Intellectual Property Rights, (ii) Your access to the App, please share the same with us by writing to: support@houseoftalentt.com. On receiving such a complaint, grievance or notice, the grievance officer may reach out to you to seek further clarification, or to verify your complaint. The name and title of the Grievance Redressal Officer are as follows:
The Grievance Officer identified above is pursuant to the provisions of Applicable Laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Entity reserves the right to replace the Grievance Redressal Officer at its discretion through the publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
You agree that regardless of any statute or law to the contrary, any complaints or grievances arising out of or related to the use of Our App or these Terms should be filed within thirty (30) days of such claim to enable us to resolve Your complaint at the earliest.
These Terms constitute the entire agreement between you and us regarding your use of the App.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
By using the App, you acknowledge that you have read and understood these Terms and agree to be bound by them.