Terms of Use

TERMS OF USE

Welcome to hobiz.in and or Hobiz (The software Application) together known as (“The Platform”) owned by Prashal Software India Private Limited and its affiliates. Your access to our platform and services are subject to and being govern by the terms and conditions given herein along with the annexures such as privacy policy, community guidelines, etc forming part hereto. You will be subject to the rules, guidelines, policies, terms, and conditions provided on the platform from time to time. We request You to read this document carefully along with other policies and disclaimer which are made available on the platform before access, use and registering on the platform and or availing services.

This document mention’s the condition of Your use of platform and services, serves as an electronic record in compliance to the provisions of Information Technology Act, 2000 along with rules made there under and or in accordance with the provisions given under any applicable law. The document requires no physical or digital signature to be affixed.

For the purpose of interpretation, “You, Your, User” in the given context shall mean the person or individual or entity who has access to and or registered User of the platform and has agreed the terms of use and policies of the platform. The term “We, Our or Us“ shall mean Prashal Software India Private Limited and its affiliates.

The Given Below is the Conditions and Terms for use of Platform.

  1. 1. Age Requirement:

If You are under 15 years of age, You must have your parent or legal guardian’s permission to register on Our Platform, use / access to services / features offered on the Platform. If you are a parent or legal guardian, and You allow and or provide consent to Your child to use the Platform, then these terms apply to You and that You are responsible for Your child’s activity on the services. By using our platform you hereby certify that you are above 15 years of age or you have taken permission from your parent or legal guardian in order to use our platform.

  • 2. User Account:

YOU can use and or access the Platform and the services provided thereon, simply by registering or by creating an account on the platform using any device (Mobile, laptop, desktop, tablet, etc.). You being the registered user of the platform are responsible and liable to maintain the confidentiality, security and protection of your account information viz. login credentials and password, YOU shall take precautionary measures to prevent the unauthorized use or access to your account. YOU understand and accept to take full responsibility towards any activity carried out under your account. YOU agree that we have the right solely at out discretion to suspend, temporarily block or terminate your account in an event we witness any malicious or unauthorized access to your account and or otherwise for any reason whatsoever. It is your responsibility to inform/notify us about any un-authorized access to your account or an event where you have compromised your login credentials and password or has reason to believe that there has been an attempt to access your account in an un-authorized manner. If You stop using the platform and or its services either temporarily or permanently and or inactive on the platform for at least 120 days, We reserve the right to delete all your information stored on our server.

Subject to applicable laws, upon deletion of your account, we will immediately delete all your content from our database and or server, except to the extent required to be retained under applicable laws. For the avoidance of doubt, it is clarified that any part of Your content stored by other Users (with whom You have interacted with) on their devices may remain even after you delete Your account, till the tine it is deleted by such other User’s.

PERMISSIONS: IN ORDR TO ENABLE YOU TO ACCESS YOUR DATA FROM ANY OF YOUR DEVICE WITHOUT RELYING ON THIRD PARTY SERVICES OR LOCAL DEVICE STORAGE, YOU AUTHORISE US TO STORE YOUR INFORMATION INCLUDING BUT NOT LIMITED TO YOUR CHAT HISTORY, MESSAGES, PHOTOS, VIDEOS, DOCUMENTS, YOUR CONTENT ON OUR SERVER’S, THE INFORMATION DATA STORED ON OUR SERVER IS ENCRYPTED USING 128 BUT ENCRYPTION. WE RESERVE THE RIGHT TO SET STORAGE LIMITS FROM TIME TO TIME AT OUR SOLE DISCRETION.

  • 3.Services:

The website/app hobiz.in and the application hobiz is an electronic platform in the form of a social networking platform and of various other services and an intermediary that (a) provides its User a platform and features including but not limited to interact, share text, play online games, advertise, upload and or download and or share multimedia files viz. video, image and audio, exhibit, make available and offer to advertise and or facilitate to sell various Products to other Users, and (b) such other services as are added and introduced from time to time, being incidental and ancillary (c) We may allow You to use the platform and its services free of cost and or make some services / feature chargeable. More Information about the services / features is available at hobiz.in and the application hobiz (which can be downloaded from Us play store or apple app store.


  • 4. Services and disclaimer:

Events:

We endeavored to ensure that all the information on the website/app is correct, but We neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. We make no warranty, express or implied, concerning the website/app and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services and events, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website/app/app.


Since We act only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall we be liable for the services provided by the service provider.


Also, we are not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the service provider.


We do not endorse any advertiser on its website/app in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.


In no event shall We be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website/app. Neither shall We be responsible for the delay or inability to use the website/app or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website/app, or otherwise arising out of the use of the website/app, whether based on contract, tort, negligence, strict liability or otherwise. Further, We will not be held responsible for non-availability of the website/app during periodic maintenance operations or any unplanned suspension of access to the website/app that may occur due to technical reasons or for any reason beyond our control. the user understands and agrees that any material and/or data downloaded or otherwise obtained through the website/app is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of We arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.


Forum/Blog:

We are providing you the platform, along with our content and materials and the opportunity to connect with others, on an “as is” and “as available” basis, without warranty of any kind, express or implied. Without limiting the foregoing, we expressly disclaim any and all warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, non-infringement, legal issues and any warranties arising out of course of dealing or trade usage.

We make no promises with respect to, and expressly disclaims all liability for: (i) content posted by any user or third party; (ii) any third-party website/app, third-party product, or third-party service listed on or accessible to you through the platform, including an integrated service provider or professional contributor; (iii) the quality or conduct of any third party you encounter in connection with your use of the platform; or (iv) unauthorized access, use or alteration of your content. We make no warranty that: (a) the platform will meet your requirements; (b) the platform will be uninterrupted, timely, secure, or error-free; (c) the results or information that you may obtain from the use of the platform, a professional contributor, or any other user will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained or purchased by you through the platform will be satisfactory.

You agree that to the maximum extent permitted by law, we will not be liable to you under any theory of liability. without limiting the foregoing, you agree that, to the maximum extent permitted by law, we specifically will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if we have been advised of the possibility of such damages or such damages are foreseeable) arising out of or in any way connected with your use of, or inability to use, the platform.

Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.

We shall in no case be held liable the content posted by any person on the forum being it of any nature whatsoever. The legal entity posting the content shall alone be responsible for such content.


Marketplace:

You must not use the website/app in any way that causes, or is likely to cause, the website/app/app or access to it to be interrupted, damaged or impaired in any way You understand that you are responsible for all electronic communications and content sent from your computer/mobile phone to us and you must use the website/app/app for lawful purposes only. You must not use the website/app for any of the following:

  1. 1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  2. 2.to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
  3. 3. to cause annoyance, inconvenience or needless anxiety

Because we list multiple products for sale offered by sellers on the website/app and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a "notice and takedown" basis. If you believe that any content on the website/app is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, we will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

You acknowledge and undertake that you are accessing the services on the website/app and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website/app. You further acknowledge and undertake that you will use the website/app to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website/app. While we have taken precautions to avoid inaccuracies in content, this website/app, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind from our side. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website/app. At no time shall any right, title or interest in the products sold through or displayed on the website/app vest with us nor shall we have any obligations or liabilities in respect of any transactions on the website/app.

That all the products and or services advertised / marketed and put to sale on platform are governed by different state laws and if the seller is unable to deliver such products due to implications of different state laws, seller will return or will give credit for the amount (if any) received in advance by seller for such product that could not be delivered to buyer / user. You will be required to enter a valid phone number while placing an order on the platform. by registering your phone number with us, you consent to be contacted by us via phone calls and/or sms notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or message.

User agrees and understand that the responsibility of dispatch and delivery of product lies with the marketer / advertiser and or seller of the products and services through Platform, and that We are merely a Platform provider in the given case. We further disclaim any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery), refund and or credit / debit to Your account, etc.


Games:

Since We act only as a platform for developers to make their games available, we shall not have any liability whatsoever for any aspect of the arrangements of the games and legality of the games available on the platform. Further, in no circumstances shall we be liable for the all or anything related to the third party games available on the platform.

This Games Platform may not be used by residents of Assam, Odisha, Nagaland, Sikkim, Tamil Nadu, Andhra Pradesh and Telangana. Further, there may be certain games that may be restricted in some additional states. By playing this game you hereby certify that you do not belong to a state where using this game platform is not allowed or is against the law.

You may register on the Platform and add cash to Your account by following the registration procedure laid down in the section on Nature and use of the Platform.

Please note that Your User Details will be accessible to other users on the Platform.

The rules governing Your participation in the Contests available on Our Platform are dependent on the terms of the third party games. Further, each Mobile Game may be subject to its own Game Rules. The winners will be declared based on the Game Rules, however in case of draw or users getting same points or any other situation which the third party games believe has influenced the game, the third party games reserve the complete right to declare a winner irrespective of the points and game rules without giving any reasons and you shall in no case object to our of decision of declaring winner.

Please note that the third party platform have the sole discretion to determine the terms applicable on any Contest including the Awards to be given in any Contest and the platform in no way shall be held liable for winner being declared by the third party platform.

Deposit and withdrawal may be done by You based on the conditions of third party games and as stated earlier we shall have no say or any kind of control regarding deposit and withdrawal terms and conditions which the third party games have and therefore shall in no case be held liable for any withdrawal or non-withdrawal of money, be in the form of winnings or of any kind of money by you.

Only skill-based games are available on Our Platform. Different Mobile Games will reward different skills, but each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination etc. which are achievable by the Users using their skills to play the games.

For question and answer games, once you post an answer to a question, you may edit or delete your answer at any time from public display on our website/app, except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of website/app/app. We may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by us at any time. Any edits and changes made by you may be visible to other users. The right for us to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.

Users must note that all Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness (“Games of Skill”) in playing the game. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments except in the Restricted States. 

Hence, the individuals residing in the Restricted States should not participate in any Contest or Mobile Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and we shall not be liable to refund or reimburse any injury or damages suffered by such individuals.

We reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Mobile Games in violation of any central and/or state law(s) in India, We reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User.

We do not support, endorse or offer to any User ‘games of chance’ for money. Each Mobile Game and Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. We shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.

We further request that You follow the precautions laid down in Our Safety section while playing Mobile Games on Our Platform.

While using the various communication channels provided on Our Platform You must abide by rules stated in Our Community rules and code of conduct section. 

You may not use the Platform in ways stated in Our Restrictions section. You will indemnify Us in the event We suffer any losses on account of Your use of Our Platform or Your failure to abide by this Agreement.

Your use of this Platform is completely at Your own risk. We disclaim all warranties in relation to the Platform.

OTT/Videos/Movies:

The OTT service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your OTT membership we grant you a limited, non-exclusive, non-transferable right to access the OTT service and view OTT content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view the OTT content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan.

Some OTT content may be available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries.
You agree to use the OTT service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the OTT service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the OTT service; use any robot, spider, scraper or other automated means to access the OTT service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the OTT service; insert any code or product or manipulate the content of the OTT service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the OTT service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
OTT section is developed by, or for, OTT and is designed to enable viewing of OTT content through OTT ready devices. This OTT section may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the OTT and related third-party software.

Fund raising:

In the fund raising section we provide a platform to raise funds for various purposes such as donation, business, start ups, etc.

We endeavored to ensure that all the information on the website/app is correct, but We neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. We make no warranty, express or implied, concerning the website/app and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of funding demanding entity in respect of fund raising, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website/app/app.

Since We act only as a platform for fund raising, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall we be liable for the services provided by the service provider.

We do not endorse any fund raising ad/request on the website/app in any manner. The users are requested to verify the

Chats:

We provide services such as Internet calling, chats, group chats, and other services to users around the world. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website/app (together, “Services”).

You use our services at your own risk and subject to the following disclaimers. we are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We also do not warrant that any information available in the chats which are shared by users are true. You acknowledge and undertake that you are accessing the services on the app and using the app at your own risk and are using your best and prudent judgment before entering into any transactions through the app. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

Offers:

While using the app users might get various types of offer such as cashbacks, withdrawal offer, discounts, etc. As per the terms of the offer, there shall be eligibility criteria for users to avail such offers. However irrespective of you qualifying for such offer we reserve the complete right and authority to qualify or disqualify you from such offer and to terminate or extend the term of such offer period, if any.

Further, in no case shall we be held liable for any kind of availability or unavailability of certain offers or for your qualification or disqualification from the offer and termination of extension of such offer period.

Jobs:

We have intended only to serve as a preliminary medium of contact and exchange of information for its users / members / visitors who have a bona fide intention to contact and/or be contacted for the purposes related to genuine existing job vacancies and for other career enhancement services

You give us permission to use the information about actions that you have taken use our platform in connection with ads, offers and other content (whether sponsored or not) that we display across our services, without any compensation to you. We use data and information about you to make relevant suggestions and recommendation to you and others.

The platform may contain links to third party website/apps, these links are provided solely as convenience to You and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if You chose to access these website/apps you do so at your own risk. We shall not be held liable for the any unlawful act happening to you due to the use of any link or advertisement or any kind of publication by any third party other than us.

Whilst using this platform an obligation is cast upon you to only provide true and correct information and in the case of creating a profile you undertake to at all times keep the information up to date. We will not be liable on account of any inaccuracy of information on this web site. It is the responsibility of the visitor to further research the information on the site. Any breach of privacy or of the information provided by the consumer to us to be placed on the website/app by technical or any other means is not our responsibility. We do not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the platform website/app or any of its other website/apps/domains owned and operated by us. The user shall not utilize the services offered by us in any manner so as to impair the interests and functioning of the platform. The user undertakes not to duplicate, download, publish, modify and distribute material on the platform.

Advertisements:

You  authorizes us and our  affiliates to place Customer’s advertising materials and related technology (collectively, “Ads” or “Creative”) on any content or property (each a “Property”) provided by us, as applicable, a third party (“Partner”). Customer is solely responsible for all: (i) Creative, (ii) Ad trafficking or targeting decisions (e.g., keywords) (“Targets”), (iii) Properties to which Creative directs viewers (e.g., landing pages) along with the related URLs and redirects (“Destinations”) and (iv) services and products advertised on Destinations (collectively, “Services”). The Program is an advertising platform on which Customer authorizes Us or its affiliates to use automated tools to format Ads. We may make available to Customer certain optional Program features to assist Customer with the selection and generation of Targets and Creative. Customer is not required to authorize use of these optional Targeting and Creative features and, as applicable, may opt-in to or opt-out of usage of these features, but if Customer uses these features then Customer will be solely responsible for the Targets and Creative. We may reject or remove a specific Ad or Target at any time for any reason. For example an Ad or Target may be rejected or removed by us if it violates our policies or if we believe the Ad or Target would expose us to liability. We may modify or cancel Programs at any time. Customer acknowledges that we may participate in Program auctions in support of its own services and products. Some Program features are identified as “Beta,” “Ad Experiment,” or as otherwise unsupported or confidential (collectively, “Beta Features”). Customer may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features.

Policies. Customer is solely responsible for its use of the Programs (e.g., access to and use of Program accounts and safeguarding usernames and passwords) (“Use”). Customer will not, and will not authorize any third party to, (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, clicks or conversions, (ii) conceal conversions for Programs where they are required to be disclosed or (iii) use any automated means or form of scraping or data extraction to access, query or otherwise collect Us advertising related information from any Property except as expressly permitted by Us. Customer will direct communications regarding Ads on Partner Properties under these Terms only to Us.

You acknowledge and undertake that you are accessing the ads at your own risk and are using your best and prudent judgment before entering into any transactions through the app. We make no promises with respect to, and expressly disclaims all liability for: (i) content of the ads posted on the app; (ii) any third-party website/app, third-party product, or third-party service listed on or accessible to you through ads, including an integrated service provider or professional contributor; (iii) the quality or conduct of any third party you encounter in connection with the ads; or (iv) unauthorized access, use or alteration of your content.

  • 5. Consent:

You understand and agree that Your communication with Us shall be through electronic medium. You hereby agree and consent to provide a valid mobile number and or email id belonging to You for verification and authentication while registering with Us on the Platform. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website/app/Platform or by any other mode of communication. For contractual purposes, You consent to receive communications (including transactional, promotional and/or Informational or commercial messages), from us with respect to Your use of the Platform and/or matter related thereto.

  • 6. Privacy:

Please go to hobiz.in and the application hobiz to read and review our privacy policy, your use of platform and the data/information provided by YOU to us shall be governed by such policy. If you do not agree to the privacy policy please do not access/use the platform. By using our platform you hereby certify that you agree with our privacy policy.

  • 7. Platform Use:

YOU agree and understand that the platform provided to you is for the purpose of communication, interaction via various means and or features / services provided on the platform, share text, play online games, advertise, upload and or download and or share multimedia files viz. video, image and audio, exhibit, make available and offer to advertise and or facilitate to sell various Products to other Users, YOU also agree and understand that We are only a facilitator and has developed a platform and made it available for Your use, We are in no event and manner shall be held responsible for actions of any User.

You further agree and acknowledge that We are not and cannot be a party to or control the views, opinion and actions of other User’s in any manner. We are not responsible for any non-performance or breach of any contract entered into between Users through the use of Platform.

Money deposited for advertisement shall only be used for advertisement purpose.

Further, money deposited in the platform cannot be withdrawn to the bank accounts of the users. However, there we may be in future allow withdrawal to the bank accounts of users.

Further, money earned to refer and earn scheme, and other similar scheme by whatever name it may be called in future on presently, can only be withdrawn as money for advertisement.

  • 8. User Conduct:
    • 8.1 You agree, understand and confirm that You will not use the platform in the manner which is detrimental to the interest of Prashal Software India Private Limited its affiliates and other User, and that Your use of platform shall not create or give rise to any legal obligation on our part and on the part of other Users.
  • 8.2 You shall at all times ensure full compliance with the applicable provisions of the laws of the land i.e country of Your residence and or the country where the platform is put to use and or the services are consumed by You, You shall all time be compliant to the Information Technology Act, 2000 and rules made thereunder, applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations in India and laws related to Intellectual Property, Statutes, Ordinances and Regulations regarding Your use of Platform, as may be applicable. You shall not use the Platform for any activity, which is prohibited by the provisions of any applicable law in India for the time being in force.
  • 8.3 You must not use the platform in any way that causes, or is likely to cause, access to the platform to be interrupted, damaged or impaired in any way You understand that You, and not We, are responsible for all activities, electronic communications and content sent from your computer/mobile/device to the Platform and You must use the Platform for lawful purposes only.
  • 8.4 You shall adhere to any other usage rules or terms of Use / Service of any third party that the platform directs/ redirects You to.
  • 8.5 You Further acknowledge to restrain from Using the Platform for and in indulge directly or indirectly or through any third party, in following activities.
  1. a. Fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
  • b. Spam other Users by sending unwanted promotional or commercial content, or unwanted or mass solicitation.
  • c. Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, right to enjoyment of services of other users.
  • d. Providing false e-mail address, impersonates any person or entity, or otherwise misleads us by sharing multiple address and phone numbers or transacting with malafide intention.
  • e. Attempting to gain unauthorized access to any portion or feature of the Platform whether directly or indirectly, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
  • f. Attempt to copy, reproduce, reverse engineer, hack or otherwise deal with the Platform which will attempt to gain unauthorized access to Platform, hamper any of the features of the Platform.
  • g. Whether directly or indirectly, Send, use or reuse any material/data/information that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, racist, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam.
  • h. To cause annoyance, inconvenience or needless anxiety to another User’s.
  1. i. Deceiving other Users with misleading or false advertisements and or by making false statement, in order to make wrongful gain and or access to information belonging to any User.
  • j. Enticing and or provoking other User’s to engage into and or becoming a part of illegal activity and or activities mentioned under clause 7.4 (a to i) above.
  • k. That cause annoyance, inconvenience or needless anxiety to another User’s, harasses, degrades, intimidates or is hateful towards any individual or group of individuals in the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
  • l. That, violates any local, fair and equal employment laws, including but not limited to those prohibiting the starting, in any advertisement for employment, a preference or requirement based on race, color, religion sex, national origin, age, disability of the job seeker applicant.
  • m. That is copyrighted or patented, protected by trade secret or trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights unless You are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Us all of the licenses granted herein.

  • 9. Repairs and Maintenance of Platform:

We will do our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new features or services at any time with or without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

  1. 10. User’s Right and License to Platform:

Except as expressly indicated to the contrary herein, We subject to your compliance with these Conditions of Use,hereby grants You a limited, non-exclusive, revocable and non-transferable license to access and make personal use, register, login, use any of the feature / service of the Platform, or any other information or service as may be available on the Platform subject to the following conditions:

  1. a. You may access and use the Platform and its features solely for personal, informational, and internal purposes, in accordance with these Terms of Use and other policies on the Platform;
  • b. You may not remove any text, copyright or other proprietary notices contained therein the platform.
  • c. You agree and understand that the design, layout or look and theme of the platform and such other elements are protected by intellectual property rights and may not be copied or imitated in whole or in part.
  • d. This platform or any portion of the platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent from us.
  • e. You agree and understand to make use of the Platform and or the services / features offered therein for meaningful and lawful purposes only and shall not use the platform or any of its feature / service for illegal or unlawful activities, in any manner whatsoever.
  • f. We reserve all rights not expressly granted to You
  1. 11. Content and Ownership:

You acknowledge and agree that the platform and the content available on the platform  (Except OTT Content and User Content) insights, data, proprietary information and intelligence that are gathered from the use of and or access to the application and or services and or the third party content and all trademark, service marks, and trade name, brand and or logo along with other intellectual property rights associated therewith are, and will remain the property of Prashal Software India Private Limited and business activities embedded in the application, including any text, graphics, logos, button, icons, images, audio clips and software is the exclusive property of Prashal Software India Private Limited and or its licensors and is protected by applicable laws.  All software used on the platform and the services offered thereon is the property of Prashal Software India Private Limited and or its licensors / software providers and are protected by Indian and International copyright laws.

  1. 11.1. User Content: Except for the user interface, website/app graphics, theme and original content posted by US, all text’s, comments, reviews, photographs, multimedia characters, trademarks, logos, sounds, music, videos and artwork (collectively, "Content"), is  a user generated content and We have no control and or ownership over such content as We are merely a Platform provider, for the purposes of this Terms of Use. The platform allows User to assemble, create, upload, share and store content, information including but not limited to photos, User profile’s, stories, messages, information, text, video, music, third party links etc (Collectively identified as Content). By posting content on the platform You grant Us the worldwide, non-exclusive, royalty free, irrevocable, sub-licensable and transferable rights in such Content to use, copy, reformat, modify, translate, create, display, sell and distribute for or in connection with the use of platform. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to providing information, conducting survey, promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content You provide. We do not assert any ownership over the content, You retain full ownership of the content and proprietary rights associated with it. You will be solely responsible for the content that you upload, share, broadcast, post or display through the platform, we do not guarantee the validity, accuracy or legal status or confidentiality with respect to any content.

Further, by submitting, posting, or displaying Your Content on the Platform, you grant us nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Platform or the promotion, advertising or marketing of the Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for us to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with us for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the Platform or through other media or distribution methods. This license also includes the right for other users of the Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If you do not wish to allow your answers to be translated by other users, you can globally opt out of translation in your profile settings or you can designate certain answers not for translation.

You acknowledge and agree that we may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of ours, its users, or the public.

You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.

You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Platform or in violation of our Terms of Service.

  1. 11.2. Third Party Content: You acknowledge and agree that the platform may permit use of and or access to content, advertisements, recommendations, information or any other type of material provided by other service providers. You agree that We may provide an option to tap on one or more links to other website/app, application for accessing such other services. You agree and accept all risk by tapping on any such link’s and being redirected to other platform and You agree to adhere to age/ content rating on such platform prior to accessing the relevant content. User and or external party content may contain links to third party website/apps, and Your visit to any such external link, You agree to do so at your own risk, responsibility and liability. We make no warranty or representation regarding it, and does not endorse, any website/app linked to the platform or in the content or the information appearing thereon or any of the products or services described thereon.
  1. 12. Marketing and Advertising:

As a registered User, you are allowed to advertise and or market goods or services for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to market / advertise the item(s) you put on the Platform. You must ensure that the products or services so listed do not infringe upon any applicable law, the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Marketing / Advertising may only include text descriptions, graphics and pictures that describe your goods or services. The marketed / advertised goods or services must not be misleading, deceiving and must describe actual condition, description, Color, shape and size of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer / User. You shall also be responsible for the shipping of the product to the User/ buyer within the timeline provided by You on the platform.

  1. 13. Representations and Warranties:
  1. 13.1. By Us : We hereby represents and warrants that we will endeavor at all times to maintain the availability of platform  and In the event it fails to conform to the foregoing warranty, as User’s sole and exclusive remedy and Our’s sole and exclusive liability for any breach of such warranty, will  at its sole option is to  modify the platform to correct the non-conformity.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, WEDISCLAIMS REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN RELATION TO PLATFORM AND THAT IT WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. WE FURTHER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO QUALITY, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, PERFORMANCE, SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR LEGALITY OF THE PRODUCTS OR SERVICES MARKETED / ADVERTISED OR DISPLAYED OR TRANSACTED OR THE CONTENT (INCLUDING ADVERTISEMENT, EXCHANGE OF TEXT AND OR IMAGES, VIDEOS, GIF, PDF’S AND OR OTHER MULTIMEDIA FILES,  PRODUCT / SERVICES OR PRICING INFORMATION AND/OR SPECIFICATIONS) ON THE PLATFORM OR THIRD PARTY PLATFORM OR SERVICES AND OR OTT PLATFORM  OR SERVICES.

THE PLATFORM, SERVICES,CONTENT, USER CONTENT, OTT CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY US ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR (A) INTERFERENCE OF YOUR ENJOYMENT OF THE PLATFORM (ITS SERVICES)  AND OR THIRD PARTY CONTENT OR SERVICES AND OR OTT CONTENT  OR SERVICES (B) LOSSES OR DAMAGES INCLUDING PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE PLATFORM (OR ITS SERVICES) OR THIRD PARTY CONTENT OR SERVICES AND OR OTT CONTENT  OR SERVICES (C) USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHER WISE MADE AVAILABLE ON PLATFORM (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR ANY PART OF PLATFORM SERVICE AND OR THIRD PARTY CONTENT OR SERVICES AND OR OTT CONTENT  OR SERVICES (E) ANY BUGS, VIRUSES , OR THE LIKE WHICH MAY BE TRANSMITTED TO AND OR THROUGH OUR PLATFORM OR THIRD PARTY CONTENT OR SERVICES AND OR OTT CONTENT  OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD-PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR APPLICABLE OTHER LAWS. WE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD-PARTY CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

  1. 13.2. By User:  The User hereby warrants and represents that it has agreed and understood the terms and conditions of use of platform and its services. User further represent that the User is well aware about the laws that are applicable towards the use of platform andtowards transaction (if any) undertaken through the Platform.  User represent to have an informed judgement before buying of product or services from another User through platform. Buyer also represent that in no event or circumstance it willholdUs and or Our affiliates, Management, owners liable in connection with the transaction undertaken through and or use of the platform.User represent and warrants that in case the User does not agree with any term, condition or the policies of the platform it will not use and or have access to the platform and by using our platform you hereby certify that you agree with our privacy policy. You expressly acknowledge and agree that, to the maximum extent permissible by applicable law, Your use of the platform and or access to platform services and or access to OTT content or third party content is at Your sole risk and discretion. You understand and acknowledge that platform is licensed to You “AS IS” with all faults and as available you bear the risk of using it.
  1. 14. Intellectual Property Rights and Restrictions:

We acting as a facilitator and the provider of platform services, the product and services are made available to you through various third-party vendors, service providers. All content on Platform, including texts, images, illustrations, descriptions, views, reviews, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights and belongs to Us and the respective parties. Platform content is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the content, use of the content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other content which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocable, unconditional, perpetual and worldwide right to Us to use the content for reasonable business purpose.

  1. 15. Community Guidelines:

Please read our Community Guidelines on hobiz.in and the application hobiz to understand how You need to conduct yourself while using our Platform or Our services. These terms are deemed to incorporate the Community Guidelines posted on the Platform.

  1. 16. Indemnification and Limitation of Liability:

You agree to indemnify, defend and hold harmless Prashal Software India Private Limited, its owners, subsidiaries, affiliates, vendors, agents and its respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) that arise out of, result from, or in connection with (i) Your breach of the terms and or conditions of use of platform, the policies given on the Platform, contract/agreement with other User; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform; or (iii) Your Content, information or materials posted, shared, created and or made available by You; or (iv) Your violation of any rights of another User, including any intellectual property rights; or (v) breach of any applicable law by You.

 We may notify You of any claims which You shall be liable to indemnify Us against. You will then be required to consult with Us regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Prashal Software India Private Limited without the express prior written consent from Us, which can be withheld or denied or conditioned solely at Our discretion.

Notwithstanding anything to contrary in the Agreement(s), Prashal Software India Private Limited’s entire and aggregate liability to You under and in relation to Your access to and or Use of Our Platform and or these Terms of Use and other polices or otherwise shall not exceed the greater of Indian Rupees Five Hundred (INR 500) or the amount of fees, if any, paid by You for Your access to Platform, Under the relevant order to which the cause of action for the liability relates.

Notwithstanding anything to contrary in the Agreement(s), in no event shall Prashal Software India Private Limited, or its owners, subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, Services or Content.

  1. 17. Term and Termination:

The terms and other policies unless otherwise specified will continue to apply until terminated by either party as set forth below. If You want to terminate Your account/services with Us, You may do so by (i) not accessing the Platform; or (ii) Deleting Your Account for all of the Services that You use, where We have made this option available to You. In the event of termination of Your use of the Platform or any Service due to any reason whatsoever, We may delete content or other materials relating to Your use of the Service/Platform in the manner laid down hereunder and We will have no liability to You or any third party for doing so. However, Your transactions details (if any) may be preserved for purposes of tax or regulatory compliance.

You agree that We may, in Our sole discretion, without providing reason and without prior notice, terminate Your access to the Platform and block Your future access to the Platform, if We determines or has reason to believe that You have violated the covenants and or term given under this Terms of Use or any other policy(s) or applicable law. You also agree that any violation by You of the terms(s), Policies, applicable law will cause irreparable harm to Us, for which monetary damages may be inadequate, and You consent to obtain any injunctive or equitable relief that We deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies We may have at law or in equity.

Notwithstanding the foregoing, these terms herein are meant to survive termination / expiry of Your account at Our Platform and will survive indefinitely unless and until We choose to terminate them.

  1. 18. Governing Law and Jurisdiction:

The entire terms/conditions, policies, transaction entered into or through the platform along with the Our relationship with You shall be governed by the laws of India without giving effect to conflict of laws principles thereof.

The You agree that all claims, disputes and or proceeding arising out of the terms herein or any other policies available on the platform or in connection with Your use of Platform or any transaction undertaken on / through the platform will be entertained and bought exclusively in the jurisdiction of the courts located at district Thane and/or Mumbai exclusively at Our discretion.

  1. 19. Territory of Service

We make no representation that materials / services available on the Platform are appropriate or available for use in other locations/Countries other than India. The platform and its services are available specifically for the Union Territory of India. It is the responsibility of the User to access Platform on their own initiative and informed judgement and that We in no manner will be responsible for Your use of the Platform and or the compliance related to such Use in Your country.

  • 20. Right to Take Down

You understand and agree that We may take down, delete or remove any content available on the Platform and or its services at Our sole discretion, without any notice to You, for any reason whatsoever including on account of Your violation of these terms or if required in accordance with applicable law (including but not limited to the Information Technology Act and or Rules framed in lieu thereof).

  • 21. Limitation of liability

You agree, acknowledge and undertake that your access to the services on the Platform and transaction undertaken or carried out by You is entirely at Your own wish and will, You are aware about the terms of use, privacy policy, conditions of use of the Platform and that You are using your best and prudent judgment before entering creating an account on, and or accessing to and or entering into any transactions through Platform. In no event shall We be liable nor responsible for any actions or inactions of any third-party service, links, messages, blogs, articles, products, advertisements, offers,etc. or platform providers including but not limited to sellers / marketers, advertisers nor any breach of conditions, representations or warranties by them and hereby expressly disclaim any and or all responsibility and liability in that regard.

We are under no obligation to mediate or resolve any dispute or disagreement between You and the other Users or any third party.

You agree that our total cumulative liability under this agreement to you shall be limited to INR 500/- and we shall in no case be held liable to pay more than the amount specified herein.

  • 22.  Children

Use of Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Platform only with the involvement of Your parent or guardian. By using our platform you hereby certify that you are above 18 years of age or you have involved your parent or legal guardian in order to use our platform.

  • 23. Waiver:

Any failure or delay to enforce or exercise any provision, or any related right, shall not constitute a waiver on Our part. If You breach these terms and or the Platform policies and We take no action, We will still be entitled to use our rights and remedies in any other situation where You breach these terms.

  • 24. Force Majeure:

You acknowledge and agree that We shall not be liable for any delay in performing or for failing to perform any or all of obligation or perform its duties and or provide services herein resulting from Force Majeure Event i.e. war, rebellion, Embargo, civil commotion, strikes, lock-outs and industrial disputes, fire, explosion, earthquake, pandemics, acts of God, flood, drought, or bad weather or the requisitioning or other act or order by any Government department, council or other constituted body or any cause which is beyond the reasonable control.

  • 25. Amendments:

We reserve the right and may at any time amend each or any part of this terms of use and or the policies on the platform in order to be in compliance with the applicable laws or in order to enhance the user experience or to protect Our rights and Interest. You will be subject to the policies and Terms of Use in force at the time that you use the Platform. The amended policy will be posted/displayed on the platform and it is entirely Your responsibility to keep a check on the amendments to the existing terms and or policies.

  • 26. Notices / Communications:

We may communicate with You through email, SMS, Telephone or by posting notifications on the Platform (Including push notifications) or my any other means of communication. By using the platform, You consent to receive such communication from us including in relation to the Platform and or services, Your account information or any update / changes to the platform / services and or other promotional or marketing communication from Us.

All notices, including notices of infringement, legal claims, or otherwise are required to be sent hereunder and shall be in writing and shall be sent to the addresses set forth below or delivered in person or sent through an email marked to the grievance officer on the id mentioned herein.

Kind attention – Grievance Officer

Email- legal@prashal.com

  • 27. Entire Agreement:

You agree that these terms read with the terms of the privacy policy and or any other terms / policies relating to the Platform / services posted by Us on the Platform will constitute complete agreement between You and Prashal Software India Private Limited and superseded any and all proposals, representations or prior agreements, oral or written and any other communications between You and Prashal Software India Private Limited relating to the subject matter of these terms.

  • 28. Grievance Officer:

Because we list multiple of products for sale offered by sellers on the website/app and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a "notice and takedown" basis. If you believe that any content on the website/app is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, we will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

In compliance with the applicable laws, the Grievance Officer for the purpose of resolving grievance with reference to Platform and or its services, entertaining infringement claims, or for any legal query kindly write us on email address: legal@prashal. We may change the aforesaid details from time to time under intimation to You. The complaint will be redressed in the manner provided under the Information Technology Act, 2000, the Consumer Protection Act, 2019 and the rules framed thereunder.

  • 29. Forfeiture:

We reserve the right to forfeit and or delete any account without assigning any reason whatsoever, which we determine as inactive, in violation of intellectual property rights, violation of these terms and or is misleading in nature.

  • 30. Copyright Complaint:

If You believe in good faith that any content displayed or transmitted through the platform infringes Your copyright. You may write in to Our Grievance Officer.

  • 31. Report Abuse:

If You in good faith believe that any content made available through the Platform is offensive or opposed to public policy, You may Choose to report any such content, We may review such content and remove the content at Our discretion and or mandated under applicable laws.

  • 32. Other Services / Features:

You understand that We may from time to time introduce certain services / feature including online games, quiz and competitions, on Our Platform. These new services / features may be linked to and or may have certain prizes / coupons / vouchers and or credit points into User’s account etc. associated with and mentioned with the respective service / feature. We reserve the right to, at Our sole discretion to modify the rules towards such competition, prizes / vouchers offered, credit points etc. or to cancel any service / feature at any time.

In case of dispute between these terms and or terms of the competition, prizes, voucher, coupon and or credit points, the rules set forth towards such respective competition and or quiz and or prizes / voucher / coupon shall prevail.

COMMUNITY GUIDELINES

We here at Prashal Software encourages community engagement and values connecting with other users online, we encourage to share, discuss, and discover information and ideas through our social networks and connect with other like-mindedindividuals. Our Community Guidelines are more specific to the Platform Users like You and or App Community as we call them.Being our User we expect you to be Polite, Courteous, Respectful, Rational, Logical, Sensible, Ethical and True while interacting with the Other Users on the Platform.

We here at Prashal Software intends to keep each other viz. our User, community and people around in a safe place as much as we could. We want our User to be aware of their rights and duties while interacting with individuals, group of people, communities etc. We would like to inform our Users that anything that is posted on the Platform may be visible to andRead by other Users unless the privacy settings are out to Use.

We hereby would like to notify our Users that the view and or expressions expressed by the Users on the platform are entirely an individual’sUser’s own view and expression, we are not responsible or shall be made liable for views expressed other than our own.

We also would like to inform that we take your safety seriously, as User, you have the right to block and report anyone who makes you uncomfortable for any reason.Your reporting is anonymous, and the action against them is immediate.When you report someone, you will never see their profile again.In an event that someone is reported upon repeatedly, we investigate the reasons thoroughly and suspend the User’s accountpermanently.

Communal hatred, racism, abusive or foul language, Personal disrespect to any User on the basis of his caste, creed, religion, disability,race, color / appearance or Sex or in any other manner is not welcome at our Platform.

You must not use the website/app in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you are responsible for all electronic communications and content sent from your computer/mobile phone to us and you must use the website/app for lawful purposes only. You must not use the website for any of the following:

  1. 1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  2. 2.to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
  3. 3. to cause annoyance, inconvenience or needless anxiety.

As a User and community member of the Platform, you promise to behave in a responsible manner and affirms to not post \ anything that falls under any of the themes / topics listed below:

  1. 1. Sexually Explicit or Violent Content:

Any porn or explicit content of Sexually Explicit or Violent nature will not be tolerated. Any content or behaviour that seeks to harass or threaten anyone else in any formany cyber stalking, any digital dating abuse, or anything intimate shared without consent is not allowed to be shared. Any content containing child exploitation will be reported to appropriate authorities.

  • 2. Harassment:

It is not allowed to post content that shames anyone else in any way. Our Platform is for the for people of all races, religions, regions, ethnic origins,sexual orientations, disabilities and genders. Bullying any one on any of these themes is a violation of our Community Guidelines. Any physical or psychological abuse involving minors (anyone under the age of 18) will be reported to the authorities.

  • 3. Impersonation:

We expect our Users to be True and Wonderful by being Yourself with your own identity. Be your true wonderful self and refrain frommisleading or deceiving others by pretending to be someone else.

  • 4. Hacking:

No User shall threaten to expose other User’s or someone’s private information or threaten to hack or break into someone’sinformation.

  • 5. Spam:

We would time to time notify this to our User by sending notifications to abstain from sharing, or ask, for anyone else’s sensitive private information viz banking and credit card details, passwords, OTPs etc.

  • 6. Scamming:

No user shall send unwanted messages to somebody via the platform in order to advertise or promote any product of any kind, unless such person has agreed to such act in writing.

  • 7. Threatening / Disturbing / Intent to Cause Harmful:

Threatening or attempting to threat any User or any other person per-se with physical or mental harm, promoting self-harm in any form, discrimination or hatred against any group people or individual, sharing any content that is gory, pornographic, sadistic, gratuitously shocking or violent against human being or animals will be dealt with very seriously.

  • 8. Hate Speech or False Information:

Any content that is defamatory, obscene, pornographic, furthers any illegal activity or is intended to deceive or mislead anyone or endangers our trust-led community is not allowed.

  • 9. Terrorism or Illegal Activities:

It refers to any content that has the factors which promotes any organization or group of people or individuals that engage in or may be enticed to engaged into terrorist or illegal activity, incite violence against others or organized criminal activity, disrespects national symbols including flags and emblems, offers sale/purchase/trade of unlawfully acquired goods, or of firearms, accessories, ammunition explosive weapons, or instructions on how to manufacture them is not allowed.

  1. 10. Breach of Third Party Intellectual Property Rights:

Content that violates the copyright, trademark, privacy, and publicity rights of a third party is not allowed.

  1. 11. Applicable Laws

User warrants the contents posted on this platform are posted by them alone and we, as a platform, shall not be held liable for the content posted by the User. While posting contents on this platform the User shall be in strict compliance with all applicable laws including but not limited to any other order, ordinances, notifications, rules, regulations, legislation or provision of or having the force, whether Central, State, Municipal or otherwise, related to or pertaining to posting contents on this platform and in case of any breach of law due to the post of the User, the platform shall alone be held liable under the applicable laws in any manner whatsoever.

With the acceptance of terms of the Use You also agree to this community guidelines and hereby consent to not indulge in an act Which is derogatory, abusive, insulting, spread hatred, spread of false information, spreading lies, entice criminal, illegal or terrorist activities, and or post any content which Is directed to an individual, including: profiles or posts that identify and shame individuals; images alteredto degrade individualsor a group of people or particular community , photos or videos of physical bullying posted to shame the victim of such bullying. Attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender by any derogatory or personal or hate or disrespectful remark or otherwise.

Depicts physical or psychological abuse involving minors.Sexually Explicit Content, violenceIncludes sexual harassment, sexual assault threats, sharing intimate material without consent, recording or distributing images of sexual assaults, cyber stalking, digital dating abuse and luring sexual trafficking victims. Promotes or depicts violence towards children, including posting sexually explicit images/videos of children.

We shall not be held liable in case any content as uploaded on the platform which is against our community guidelines and/or against any law. Because multiple users may upload multiple files on the website/app and host many thousands of comments, it is not possible for us to be aware of the contents of each upload, or each comment that is displayed. Accordingly, we operate on a "notice and takedown" basis. If you believe that any content on the website/app is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, we will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

Other than removing the Objectionable Content from the platform we shall not be liable for the content of the upload and/or for initiating any legal procedure against the concerned upload. The person who has grievance against such upload shall at his/her own expense and liability be responsible for all and any kind of action to be taken on the upload.

  • Changes to Community Guidelines:

Any changes in the Community Guidelines shall be posted on our platform from time to time, you are expected to check the updates terms Guidelines and polices posted on the platform on regular basis. Users should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or theServices constitutes Your acceptance of the changes and the amended Community Guidelines.

  • If You do not agree with our Community Guidelines, You may delete Your account and/or not access, download and use the Application and/or the Services. (More specifically the Platform) By using this platform you hereby certify that you agree to our community guidelines.
  • In the event you wish to report any breach of our Community Guidelines, you may write in to our grievance officer at legal@prashal.com, we will review your complaint / feedback / suggestion and take suitable action on the same at our sole discretion.