The website is owned and operated by StrategySoda, (henceforth referred as Strategy Soda, or “we” or “us” or “our” or strategysoda.com with its head office at 12/8, Site-2, Sunrise Complex Sahibabad Industrial Area, Loni Rd, Mohan Nagar, Ghaziabad, Uttar Pradesh 201007). These Terms and Conditions govern your use of our website strategysoda.com
By reading this, you are deemed to have accepted the General Terms and Conditions (GTC) as mentioned below in this document.
1. Usage of Material
Website Content not limited to text, images, icons, logos, are copyright and intellectual property of StrategySoda and of its affiliates, any kind of its usage for any purpose is not allowed without the legal consent from StrategySoda or its affiliates.
2. Social Media
Before an order is placed StrategySoda expressly points out to the Customer that providers of “social media channels” (e.g. facebook; hereinafter referred to as Providers), in their terms and conditions of use, reserve the right to reject or remove advertisements or promotional appearances for any reason whatsoever. Accordingly, Providers are not obliged to forward content or information to users. Thus, there is a risk, which cannot be calculated by StrategySoda, that advertisements or promotional appearances are removed for no reason. Although in the case of a complaint of a different user Providers do offer an opportunity to reply, the content will be immediately removed also in that case. In that case restoring the original, lawful condition may take some time. StrategySoda works on the basis of the Providers’ terms and conditions of use, on which it has no influence, and also makes them the basis of Customer orders. By placing the order the Customer expressly acknowledges that those terms and conditions of use (co-)determine the rights and duties of a contractual relationship, if any. StrategySoda intends to execute the Customer’s order to the best of its knowledge and belief and to comply with the policies of “social media channels”. Due to the terms and conditions of use that are currently applicable and the fact that every user can easily allege a violation of the law with the aim that contents will be removed, StrategySoda cannot guarantee that the ordered campaign can be retrieved at any time.
3. Protection of Concepts and Ideas
If a potential Customer has already invited StrategySoda beforehand to develop a concept and if StrategySoda accepts this invitation prior to conclusion of the principal contract, the following shall apply:
3.1. By the invitation and acceptance of the invitation by StrategySoda the potential Customer and StrategySoda enter into a contractual relationship (“pitching contract”). That contract will also be based on the GTC.
3.2.The potential Customer acknowledges that already by developing a concept StrategySoda will render cost-intensive services, even though the Customer himself has not taken on any performance duties yet.
3.3. To the extent that they reach the level of originality required for copyright protection the linguistic and graphic parts of the concept are protected by the Copyright Act of 1957. The potential Customer is not permitted to use or edit those parts without StrategySoda’s consent due to the Copyright Act of 1957 alone.
3.4. Furthermore, the concept contains ideas that are relevant to advertising which do not reach the level of originality required for copyright protection and are thus not protected by the Copyright Act of 1957. Such ideas are generated at the beginning of every creative process and may be defined as the creative spark for all subsequent work results and, thus, as the origin of the marketing strategy. Accordingly, those elements of the concept are protected which are unique and characterise the marketing strategy. For the purpose of this agreement ideas shall in particular mean advertising slogans, advertising texts, graphics and illustrations, advertising means etc., even if they do not reach the level of originality required for copyright protection.
3.5. The potential Customer undertakes not to exploit or have exploited commercially and/or use or have used the creative advertising ideas which StrategySoda presented as part of the concept in any context other than the corrective of a principal contract to be concluded at a later time.
3.6. If the potential Customer is of the opinion that StrategySoda presented ideas to him which he already had before the presentation, he shall notify StrategySoda thereof via email within 14 days of the day of the presentation and include means of evidence which allow a chronological allocation.
4. Your Submissions & Unsolicited Communications
This section concerns communications sent to StrategySoda and its affiliates.
4.1. Any unsolicited communication or material that you may transmit to StrategySoda via any Online platforms, social media, email, or otherwise and not limited to any data, message, comments, suggestions, like, Question & answers will be treated as non-confidential and non-proprietary by StrategySoda and its affiliates.
4.2. By sending communications to StrategySoda, you automatically grant StrategySoda a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology and to sublicense such rights to anyone.
4.3. Anything that you transmit may be used by StrategySoda and its affiliated companies for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
5. Limitation of Liability
We assure and re-verify the accuracy of each information present on our website, although due to certain limitations the content cannot be 100% free of errors.
To the fullest extent permitted by applicable law, StrategySoda and its affiliates cannot be withheld for any direct, indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available on our e-commerce platform.
6. Trademark Notice
All trademarks, logos and service marks that appeared on our website are licensed for use by StrategySoda and its affiliates. Usage of such intellectual property without consent is strictly prohibited.
7. Our Privacy Policy
To know how we collect your personal and non-personal information, please read our Privacy Policy.
8. Termination & Suspension
You agree that we may terminate or suspend your access to and use of the websites if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of StrategySoda, its affiliated companies or any third party, with or without notice to you. You agree that StrategySoda will not be liable to you or any third party as a result of such modification or discontinuation.
9. Applicable Law & Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of Delhi Court Jurisdiction without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms and Conditions.
Contact Us
For any queries regarding these terms and conditions, please contact us at the following:
Email Id: info@strategysoda.com
Phone No.: +91-9311843998
Office Address:12/8, Site-2, Sunrise Complex Sahibabad Industrial Area, Loni Rd, Mohan Nagar, Ghaziabad, Uttar Pradesh 201007
Updates to Terms and Conditions:
StrategySoda reserves the right to update the terms & conditions anytime without giving any prior notice for the same.
Users are requested to be solely responsible for keeping themselves updated from time to time.