Advertiser Policy

By Koo App
October 18, 2022

This policy is effective from 04 August 2022

Why This Policy? 

• Koo App is owned and operated by Bombinate Technologies Private Limited (“BTPL”), a company registered under the provisions of the Companies Act, 2013. Its registered office is at 849, 11th Main, 2nd Cross, HAL 2nd Stage, Indiranagar, Bangalore, Karnataka PO 560008. 
• Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”), Koo App is a Significant Social Media Intermediary. Koo App is committed to complying with its legal obligations while hosting advertisement content by third party advertisers. 
• We understand that advertising is an important gateway for sellers to make their goods and services known. The success of advertising depends on consumer confidence. Practices that impair, distort or mislead such consumer confidence are discouraged. These guidelines are designed to illustrate acceptable advertising practices on the Koo App. 
• These guidelines apply to advertisements in all forms, formats, languages and mediums. Our policies are not intended as legal advice. We encourage Advertisers to consult with their legal advisors in case of any questions about the laws and regulations concerning your advertisements. 

Definitions

The below defined terms are used throughout these Terms & Conditions and have the meaning stated against them. Terms used, but not defined below, will have the meanings given to such terms in any Terms of Service, Privacy Policy, Community Guidelines and Influencer Guidelines.

For the purposes of these guidelines: 

1. “Advertisement” is as defined under Section 2(1) of The Consumer Protection Act, 2019, i.e., an advertisement means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents
2. “Advertiser” are brands, companies, advertising agencies, endorsers, media owners, manufacturers, service providers, influencers or other persons, groups of persons or businesses (“Advertisers”) using Koo to host or publish paid-for communication, addressed to Koo users, to directly or indirectly promote the sale or use of goods or services. 

Responsibilities of Advertisers

General Obligations

1. Compliance with applicable laws: Advertisers acknowledge and agree that advertisements hosted on Koo shall follow the content and distribution requirements laid down under the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, the Consumer Protection Act, 2019 and other applicable law and regulations. 

We recommend Advertisers to consult The Code for Self-Regulation of Advertising Content in India (“ASCI Guidelines”) published by The Advertising Standards Council for specific categories of advertisements. 

Koo reserves the right to disable, withdraw, restrict circulation of advertisements that are in violation of applicable law. 

1. Compliance with platform policies: Advertisers acknowledge and agree that advertisements displayed shall be in compliance with Koo’s Terms of Service, Community Guidelines, Influencer Guidelines, Advertiser Services Terms and Conditions, Google Play Store Policies’ on advertisements and any applicable law. 

Koo reserves the right to disable, withdraw or restrict circulation of advertisements that violate any of the above mentioned policies. 

1. Advertisements in the best interest of the consumer: All advertisements must be designed, crafted and published keeping in mind the best interest of the consumer. Advertisements must contain truthful and honest representations of the claims made and satisfy the conditions stipulated under the Guidelines for Prevention of Misleading and Endorsement for Misleading Advertisements, 2022. 

Advertisers acknowledge that consumers need to be informed of choices in the marketplace and agree to design advertisements that adhere to canons of generally acceptable competitive behaviour in behaviour. Users must not be misled because of any claims of comparison made in the advertisement. 

Advertisers must avoid the unjustifiable use of the name or initials of any other firm, company or institution, or take unfair advantage of the goodwill attached to the trademark or symbol of another firm or its product or the goodwill acquired by its advertising campaign.

Any endorsement in an advertisement by an individual, group or organisation must reflect the genuine, reasonably current opinion and must be based on adequate information about, or experience with, the identified goods, product or service. The endorser must disclose a material connection if any. 

1. Making advertisements visible: In the interest of transparency to Koo users, advertisers must clearly state that the content they are viewing is an advertisement. This is to ensure that users are aware of the reasons they access, view, engage and interact with certain content. In effect, equipping users with the ability to make an informed decision regarding the content they see. 

In particular, for influencers, specific guidelines are captured under Koo Influencer Advertising Policy.  

1. Advertising Disclaimers: Advertisements may contain disclaimers. Disclaimers may expand or clarify claims to resolve any ambiguities that may be perceived. Disclaimers should not attempt to: (i) hide material information regarding the claim made in a manner that makes the advertisement deceptive or conceal its commercial intent; (ii) correct misleading claims made in the advertisement. 

The disclaimer must be in the same language and font of the claim made. The disclaimer must be prominent and visible. In case of a voice over, the disclaimer shall be displayed in sync with the voice over and at the same speed as that of the original claim made in the advertisement.

Content Related Obligations 

1. Compliance with applicable law and platform policies: Advertisements must be articulated, designed and published in accordance with applicable laws and Koo’s Terms of Service, Privacy Policy, Community Guidelines and Influencer Guidelines. 
2. Advertisements should not infringe third party rights: Advertisements must not contain content that infringes upon or violates any third parties’ rights including copyrights, trademarks or any other proprietary rights. 
3. Advertisements for specific categories: The ASCI Guidelines provide specific guidelines for advertisements concerning the automotive industry, brand extension, food & beverages, educational institutions and programs, skin lightening or fairness improvement products, celebrities in advertising, usage of awards in advertisements, online gaming for real money winnings, influencer advertising and complaints against political and government advertisements. 

Advertisers are responsible for restricting advertising content in regions of advertisement. Restriction includes limiting advertising to appropriate age audiences or having the necessary licenses or permits.

Advertisements aimed at children: As per Koo’s Terms of Service, the Application is accessible and available only to users who have attained the age of majority, i.e., 18 years of age or above. 

Any advertisements addressed to children or minors shall not contain any illustration or otherwise, which may result in their physical or mental harm or which exploits their vulnerability. 

In addition, advertisements targeted at children shall not: 

1. Condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children;
2. Take advantage of children’s inexperience, credulity or sense of loyalty;
3. Exaggerate the features of goods, product or service in such manner as to lead children to have unrealistic expectations of such goods, product or service;
4. Condone or encourage practices that are detrimental to children’s physical health or mental wellbeing;
5. Imply that children are likely to be ridiculed or made to feel inferior to others or become less popular or disloyal if they do not purchase or make use of such goods, product or service;
6. Include a direct exhortation to children to purchase any goods, product or service or to persuade their parents, guardians or other persons to purchase such goods, product or service for them;
7. Use qualifiers such as ‘just’ or ‘only’ to make the price of goods, product or service seem less expensive where such advertisement includes additional cost or charge;
8. Feature children for advertisements prohibited by any law for the time being in force, including tobacco or alcohol-based products;
9. Feature personalities from the field of sports, music or cinema for products which under any law requires a health warning for such advertisement or cannot be purchased by children;
10. Make it difficult for children to judge the size, characteristics and performance of advertised products and to distinguish between real life situations and fantasy;
11. Exaggerate what is attainable by an ordinary child using the product being marketed;
12. Exploit children’s susceptibility to charitable appeals and shall explain the extent to which their participation will help in any charity-linked promotions;
13. Resort to promotions that require a purchase to participate and include a direct exhortation to make a purchase addressed to or targeted at children;
14. Claim that consumption of a product advertised shall have an effect on enhancing intelligence or physical ability or bring exceptional recognition without any valid substantiation or adequate scientific evidence;
15. Claim any health or nutritional claims or benefits without being adequately and scientifically substantiated by a recognized body;
16. Be published in any mass media, including advertisements on network games in respect of medical services, drugs, dietary supplements, medical instruments, cosmetic products, liquor or cosmetic surgery which are adverse to the physical and mental health of children.

Advertisements containing children: Advertisements shall not contain children imbibing alcohol, smoking, using any other substance or shown to be indulging in any sort of antisocial activity and delinquent behaviour. In addition, content that shows children engaged in any situation involving nudity is prohibited. 

1. Advertisements containing women: Advertisements should not contain any repulsive, vulgar and indecent representation of women in any form.
2. Advertisements containing members of the LGBTQ Community: Advertisements shall not discriminate against or depict members of the LGBTQ community in bad light. 
3. Advertisements seeking information from users: Advertisement content shall not deceive users into providing personal information (1) without informed consent or under misleading or false pretences, or (2) to parties that gather personal information for the purpose of reselling, trading, bartering, or otherwise misusing that personal information.
4. Surrogate advertising: The Government of India does not permit surrogate advertising. As such, no surrogate advertisement or indirect advertisement may be made for goods or services whose advertising is otherwise prohibited or restricted by law, by portraying it to be an advertisement for other goods or services that are permitted by law. However, the mere use of a brand name or company name which may also be applied to goods, product or service whose advertising is prohibited or restricted shall not be considered to be surrogate advertisement or indirect advertisement, if such advertisement is not otherwise objectionable under applicable laws.
5. Advertisement for online gaming platforms: All online gaming advertisements must be in the form and contain such disclaimers as set out in the guidelines issued by the Advertising Standards Council of India. 

Koo Advertising Disclaimer 

1. Advertisements placed on Koo do not amount to endorsement of the product or service or advertiser claims by Koo, its affiliates, subsidiaries or successors in interest. No endorsement of any advertisement is intended or implied by Koo. Koo does influence editorial decisions or the content of the Advertisements shown to users on the Application. 
2. Advertisers are responsible  for the accuracy, completeness, reliability, and usability of the content.
3. All advertised content on Koo will contain a visible tag “promoted” as per the requirement under the Information Technology Rules, 2021. 
4. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BTPL (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ADVERTISEMENTS: 

(I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;

(II) FOR RELIANCE ON THE ADVERTISEMENTS;

(III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF BTPL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

Changes to this policy

1. This policy is effective from the date mentioned in the title of this document and may be modified from time to time without prior or future notification. 
2. The policy  in effect on or before the effective date of the IO applies to such IO. 
3. Any new versions of this policy will come into force when published on the website and it will be marked accordingly. 

Contact Us

If you have any questions or concerns regarding this policy, please do not hesitate to write to legal@kooapp.com