Terms and Conditions
Lets Start Togethe૪ing!
To begin with, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY AS YOUR USE OF THE SERVICES OFFERED VIA THE TOGETH૪ING “PLATFORM” ARE SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS.
This document is an electronic record in compliance with the Information Technology Act, 2000 and rules made thereunder and various other statutes, as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
BY CLICKING ON THE ‘I ACCEPT’ BUTTON AT THE BOTTOM OF THIS AGREEMENT, OR BY ACCESSING, DOWNLOADING, INSTALLING, REGISTERING ON, OR OTHERWISE USING THE PLATFORM, YOU ACCEPT AND AGREE THAT YOU HAVE READ, AND AGREE TO ABIDE BY, BE BOUND BY, AND ADHERE TO THESE TERMS. IF THESE TERMS ARE NOT ACCEPTABLE TO YOU, YOU MAY CLICK ON THE ‘DECLINE’ BUTTON IN WHICH CASE THE SERVICES VIA THE PLATFORM WILL NOT BE MADE AVAILABLE TO YOU. PLEASE DO NOT AVAIL THE SERVICES OR ACCESS THE PLATFORM IF YOU DO NOT ACCEPT THESE TERMS, AS ANY USE BY YOU IN SUCH CASE SHALL BE DEEMED TO BE UNAUTHORIZED.
WHILE USING THE PLATFORM, YOU MAY BE SUBJECT TO ADDITIONAL GUIDELINES OR RULES, AS PRESCRIBED BY LAW OR REQUIRED BY US TO MEET OUR COMMUNITY STANDARDS ON THE PLATFORM. ALL SUCH GUIDELINES OR RULES, ONCE THEY COME INTO EXISTENCE, WILL ALSO BE DEEMED INCORPORATED INTO THE TERMS BY REFERENCE.
“Company” “We” “Us” or “Our” means Togeth૪ing Media Labs Pvt. Ltd. which is a company registered under Companies Act 2013, having its registered address at Flat No 801 Sai Sarang Apartments, 8th Floor, Dr. Ketkar Road, Erandawane, Deccan Gymkhana, Pune 411004, Maharashtra, INDIA.
“Users”, “You”, “Your” means any person who registers and creates a user account on the Platform for availing the Services provided through the Platform.
“Platform” means and includes both www.togethring.net and Togeth૪ing®(App) developed and owned by the Company including its QR Code based sharing feature, to enable the Users to avail the Services of the Company.
“App” shall mean and include the Togeth૪ing®App /software tool/online platform.
“Company Content” means the software, materials, images, audio, video, information, text, icons, graphics, audio-visual content, third party advertisements, Templates, Third Party Content, or any other materials available on the Platform in connection with the Services.
“Services” shall mean and include the following features and services available on the Platform:
- Access to an interactive chat feature through which Users can (i) create groups and interact with other invited users, for the purpose of inter alia viewing videos, photos, films, web-series, listening to music or other audio or partaking in other activities, (ii) access messaging, audio and video calling features, and (iii) access other features, tools applications, technologies, services, or content made available by Company from time to time.
- Allowing users to create accounts on the Platform and express themselves through the account by sharing/publishing , content, photos, videos, stories, professional skills, talents, art, among others, while using template texts, audios, videos, GIFs, Photos, and other template elements provided by the Company on the App (“Templates”).
- Access to third party content, text, information, materials, links, audio, video, photographs, images, and/or products and services, (“Third Party Content”)including by integrating services and applications of such third parties on the Platform.
- Access to Rewards Program offered by Vendors onboarded on the Platform .
2. AMENDMENT TO TERMS
Company reserves the right to amend these Terms, without prior notice, at its sole discretion, from time to time and such revised Terms shall be applicable to the Users, upon the posting of updated Terms on the Platform. Your continued use of the Platform shall be deemed to be your acceptance of such amendments to the Terms.
To be eligible for availing the Services, You must have attained the age of majority in your jurisdiction (18 years old in the case of India). By accessing, downloading or registering to on the App, You represent and warrant that You have attained the age of majority in Your jurisdiction.
If You have not attained the age of majority, You may only access the Services under the supervision of, and with permission of, an adult parent or guardian. In such a case, the parent or guardian needs to consent to the Terms and would be deemed to have permitted you to use the Platform.
The Platform is not available to those Users whose accounts are temporarily or indefinitely suspended.
4. REGISTRATION AND USER ACCOUNTS
In order to avail the Services, You must complete the registration on the ’Sign Up’ page and create an account on the Platform (“Account”). In order to create an Account, You may be required to provide Your mobile number or other details as may be sought from time to time by Us. Alternatively, You may also register on the Platform by using your existing Social media accounts such as Your Facebook or Google accounts OR your personal accounts on other platforms. You agree that any registration information provided by You on the Platform will always be accurate, correct, up to date, and complete. You shall be solely responsible for maintaining the confidentiality of the Account (including Your password) and for all other activities that occur through Your Account. We also reserve the right to refuse registration of, or cancel Accounts which we deem inappropriate, at our sole discretion.
5. DESCRIPTION OF SERVICES
Togeth૪ing® is an App which enables You to connect with other Users socially and professionally. The App enables You to collaborate with other Users and enjoy media collectively by exchanging videos, audios, pictures, audio visual content, and digital experiences, among others, with other Users registered on the App, simultaneously in synchronous real time. The App also allows You to comment via text and place audio/Video calls across geographical boundaries with other Users of the App. The App allows You to connect with other Users through the t-café feature of App. The App also allows You to advertise Your business, showcase Your talents, create art, and demonstrate Your professional skills through the features described below.
The Company provides You with an App which facilitates cutting edge interaction between different Users, by providing you with a platform to find other Users with similar interests on the App. You may create different groups with such users on the App to enjoy social media as well as conduct Your business.
6. FEATURES OF THE APP
The App provides You with access to the following broad features as part of the Services:
A) Finding Friends:
The App enables You to find and interact with Your friends registered as Users on the App. The App provides unique features of Togeth૪ing® through which you can create and join Groups and engage in chatting, calling, blogging, viewing Content, and finding connect with other Users with similar social and business interests. The Company shall not be liable for any interaction or communication, between You and other Users. You understand and acknowledge that Your interactions and communications with other Users, is at your own risk and is based on your own independent judgment. The Company will merely be registering Users and providing them with access to the Platform. The Company shall not be under any obligation to undertake a background check on or undertake any verification of Users on the Platform.
B) Forming Groups:
The App enables You to create or join Social Media groups (“Groups”) where You may post User Content, and participate in the interactions, discussions available on the respective Group. You understand and agree that, any invite to view Third Party Content would be extended to You at the sole discretion of the creator of the respective Group, and You are at liberty to either accept or reject the invitation. By joining a Group, You understand and agree that You may view or otherwise access other Users’ User Content on such Groups including from the organizer or creator of the Group (“Group Admin”) and other members of the Group. You understand and agree that, your membership to a particular Group, would be at the sole discretion of the Group Admin, who may accept or reject Your request to join such Group. You also agree, acknowledge and understand that, we do not have any control over the interactions, contents, (including User Content) or information that You receive through the Group, and We do not verify the genuineness or reliability of any content shared (including User Content or Third Party Content) on such Groups.
The Platform also provides access to a feature named t-café where You can display, publish or share Your User Content with other Users as well as engage in messaging, calling, blogging and/or otherwise interacting with other Users. You agree, understand and acknowledge that, the Company shall not be responsible for any User Content shared on t-café nor any interactions between Users, or business conducted by Users on t-café or anywhere else on the Platform.
D) Break Geographical Boundaries:
The App provides a feature where it allows You to connect in real time with anybody in the world to enjoy the features on the App. Despite being in different geographical zones, Users are provided with the opportunity of enjoying User Content, Company Content and Third Party Content collaboratively and simultaneously with other Users.
E) Directly Enjoy Without Downloading:
The App also provides you a feature where it lets you enjoy Third Party Content without having to download it on your device. You can directly enjoy such content with your loved ones. You agree and understand that, the Company shall not be responsible or held liable if there is any error in viewing any User Content, Company Content or Third Party Content on the Platform. Any media which is viewed shall be at Your own risk. The Company shall also not be held liable if any virus has been detected while viewing any such content.
F) Safe Enjoyment:
This feature allows You and any other member of a Group to pause, rewind, forward and stop Third Party Content without handing over control of your device nor sharing the device screen. You agree and understand that, in the event if there is any discrepancy in the viewing of Third Party Content, the Company shall not be held liable and responsible.
G) Additional Features:
The Company may also make available other features and Services from time to time for an enhanced User experience including picture in picture features, floating picture in picture features, private messaging functions, viewing audio visual content with other Users within the same Group, uploading VR and 360 degree videos, among others. Such additional features and Services will be provided at our sole discretion.
H) Stories feature:
This feature allows Users to create albums of User Content such as photos, audios, videos, GIFs, among others.
I) Calling Feature:
The Platform allows Users to do ‘App to App’ calling via audio OR video and, with permission of the other Users, access call data, call history, Phone book and contact details of the other Users.
J) Rewards Program:
The Platform allows Users to use the Platform and avail coupon codes and discounts from Vendors onboarded on the Platform.
7. OWNERSHIP OF INTELLECTUAL PROPERTY
All materials on this Platform, including but not limited to the Company Content and Third Party Content, are protected by intellectual property rights. Company and/or its affiliates, subsidiaries, or licensors assert all proprietary rights in and to all names and trademarks, wordmark, service marks (“Company Marks”) in connection with the Platform and the Service (except the User Content). By displaying the Company Marks on the Platform, Company does not grant You any license to utilize or exploit the Company Marks. Any unauthorized use of the Company Marks will constitute an infringement of Company’s intellectual property and may be actionable under applicable law.
You acknowledge and confirm that no right, title, interest in any Content (except Your User Content) is transferred to You as a result of Your access to the Platform or otherwise. Company and/or its affiliates, subsidiaries, and/or licensors, as the case may be, reserve all right, title and interest in such Content (except for User Content). Except as expressly permitted under these Terms, You may not download, alter, copy, modify, distribute, transmit, or derive another work from any Company Content (except Your User Content).
The Company respects copyright, and we prohibit You from submitting, uploading, posting, or otherwise transmitting any User Content or details on the Platform that violates another person’s proprietary rights.
If You believe that the Platform contains elements that infringe any intellectual property rights, please notify us immediately on firstname.lastname@example.org . If we receive intellectual property right infringement claim notification, and it is felt appropriate after due diligence, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
Subject to terms and conditions of this Agreement, we hereby grant You a non-exclusive, non-assignable, non-transferable and limited license to use the Platform for Your personal use only and for no other purposes.
You hereby grant to Company and its affiliates, a royalty-free, worldwide, perpetual, non-exclusive, sub-licensable and transferable license to use, reproduce, display, publish, distribute, issue copies of, make available, publicly communicate, adapt, modify, share and/or create derivative works of User Content uploaded or submitted by You on the Platform.
9. USE OF THE PLATFORM
Your use of the Platform is subject to all applicable local, state, national laws and regulations of the relevant jurisdiction and the rules of the relevant jurisdictions from where You are accessing the Platform as well as applicable Indian local, state and national laws, regulations, codes of practice, guidelines, statutes, notifications by any Indian Government authority. You will not use the Platform in any manner that harms the Company or its directors, employees, affiliates, distributors, partners, service providers and/or any other User on the Platform. You agree not to reverse engineer, scrape, deploy web-crawlers, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Platform and further agree not to use the Platform as part of any another application, upload any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, or any act which results in damage to the Platform, whether in part or in full, or interferes with other Users’ enjoyment of the Platform.
10. CONTENT ON THE APP
The Platform enables Users to submit, post, and share or ‘together’ content, which may include without limitation texts, graphic, opinions, blogs, products, services, messages, information, personal information, videos, photos, audios, live matches/events, musical programmes, news, GIFs, and pictorial works, or any other content submitted by the Users through the Platform (“User Content”).
You retain all ownership right, title and interest in your account and in the User Content published by You on the Platform. By submitting/posting/publishing User Content on the Platform, You hereby grant Company a worldwide, perpetual, royalty free, non-exclusive, sub-licensable right to reproduce, distribute, issue copies, make available, publicly communicate and display copies of the User Content shared by You.
The Company shall be not responsible for the use or disclosure of any User Content. The User Content is not controlled by the Company and the Company does not endorse the User Content shared / together by You. You are entirely responsible for all User Content that You upload, post, e-mail, transmit, stream/ or otherwise make available through the Platform. Company’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the User Content. Being an intermediary, Company has no responsibility and / or liability in respect of any User Content on Platform, including for breach of any law by such User Content including intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.
The Users agree and understand that other Users’ User Content uploaded on the Platform is the copyright work of others.
The Company reserves the right, at its sole discretion, to reject or remove, the User Content, without providing You any prior notice, at its sole discretion, for violation of these Terms or pursuant to a valid order of a court or authorized Government agency in accordance with its obligations as an intermediary under the IT Rules.. We also reserve rights to remove or deactivate your Account/ block your Account if reported or informed by any User of the App, for posting inappropriate messages, content or information through the App.
For any User Content, You confirm, represent, and warrant that:
- You own, or have the necessary licenses, rights, consents, and permissions to use the User Content, including of or any persons featured in your User Content and/or any consents or licenses required for music and/or artwork contained in your User Content.
- You shall not post any User Content or any other information/materials that:
- belongs to another person and to which You do not have any right to;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to any child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person (including celebrities or any influencer);
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting to any other nation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently force and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency, for financial gain or to cause any injury to any person;
USERS AGREE AND UNDERSTAND THAT THEY SHALL NOT COMMUNICATE, POST, NOTIFY OR POST ANY USER CONTENT WHICH IS FALSE, MALAFIDE AND WHICH MAY CAUSE HARM OR AFFECT THE OTHER USERS OR WHICH MAY RESULT INTO ANY MENTAL INJURY TO THE OTHER USERS. THE USERS SHALL NOT USE THE Platform OR UPLOAD ANY CONTENTS WHICH HURT THE EMOTIONS OR SENTIMENTS OF OTHER USERS.
You understand and acknowledge that while using the Platform, You may be exposed to User Contents uploaded by other Users of the Platform or from other sources, we do not endorse and neither we are responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contents. You further understand and acknowledge that You may be exposed to User Contents that are inaccurate, offensive, indecent, or objectionable. YOU AGREE THE COMPANY BEING AN INTERMEDIARY IS NOT RESPONSIBLE FOR SUCH CONTENT AND YOU HEREBY WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE COMPANY WITH RESPECT THERETO.
Posts Relating to News Content
In the event You qualify to be a publisher of news and current affairs content as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”), You are required to furnish details of Your user accounts on the Platform to the Ministry of Information and Broadcasting of the Government of India (“MIB”), along with such other information and documents required by the MIB, in accordance with the IT Rules.
Company may provide You with a unique mark of verification if You are a public figure, influencer, celebrity, or run an account of public interest, and Company has verified that Your account is genuine (“Verified Account”). This verification is provided to enable other Users to identify genuine public personalities and accounts on the App. Any User Content available on such Verified Accounts is not vetted or verified by the Company before it is published.
If You have a Verified Account, You are encouraged to comply with applicable advertising laws, guidelines, and codes of practice before advertising, promoting or endorsing, products and services through Your User Account. Companies may provide You with tools to identify any of Your User Content as an advertisement, promotion or endorsement.
Company disclaims any liability for non-compliance with applicable laws, guidelines and codes of practice by owners of Verified Accounts.
The Company does not guarantee or assume any responsibility in relation to such Company Content. Company recommends You to use Your own judgment before relying on or enjoying the same with any third party. The User shall not disclose the Company Content to any third party without obtaining prior written consent of the Company.
11. MODE OF PAYMENT
Vendors interested in being onboarded on the Platform (“Subscriber”) to offer coupon codes and discounts to Users may do so upon executing the necessary Agreements and documents and shall be required to pay the subscription fee as agreed upon, monthly or annually.
Payment for the subscription by the Vendors may be made through any of the following modes:
- Payment can be made by Credit Card/Debit Card/Net Banking/UPI/Third-Party Payment gateways (“Payment Methods”).
- Cash on Delivery (COD) option is not available for the services offered by TOGETH૪ING.
- Subscribers may have to incur certain fees or extra charges on the aforementioned Payment Methods.
- While availing any of the Payment Methods, TOGETH૪ING will not be responsible, in respect of any loss or damage arising to the Subscribers directly or indirectly due to:Lack of authorization of any transaction;or .
- Any payment issues arising out of the transactions; or
- Decline of transaction for any other reasons.
- Errors/Frauds arising on third party payment gateways.
- The payment facility is merely provided by TOGETH૪ING to facilitate the completion of transaction. The payment facility provided by TOGETH૪ING is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment facility.
12. CANCELLATION & REFUND
Vendors onboarded on the Platform can cancel their subscriptions by managing their subscription on their registered account with TOGETH૪ING.
Upon cancellation of the subscription the renewal date of the subscription becomes the end date. TOGETH૪ING will not charge Subscribers any further subscription fees , and the Subscribers can continue to access their account until the renewal date.
13. SHIPPING AND DELIVERY
The Services offered by the Company through its Platform does not entail the shipping and delivery of any products/services.
14. PROMOTIONS AND OFFERS FROM THE COMPANY
As part of our Service, we may exhibit advertisements on Your t-Café and other places on the Platform OR encourage You to participate in certain promotions, offers, contest, social media events (“Promotions”) released by us or made available by third parties on the Platform from time to time. As the Platform is free, in part due to advertisement revenue, You agree not to use any ad-blocking software or similar built-in web browser options designed to block online advertising while using the Service.
The terms and conditions of these Promotions would be at our sole discretion. Further, such Promotions may have independent terms and conditions, which will operate in addition to these Terms. We may also request for additional information from You if You wish to participate in these Promotions.
15. THIRD PARTY CONTENT
Company reserves the right to suspend or terminate your use of the Platform/App or remove your User Content without notice, if in Company’s sole opinion and discretion:
- Company is required to do so under law;
- there is any suspected fraudulent, abusive or illegal activity from your account. In addition to suspending / terminating Your user account, we may refer your account details to appropriate law enforcement authorities.
Company reserves the right to discontinue the Services provided through the Platform at any time for any reason.
17. GRIEVANCE OFFICER
You may submit any complaints, concerns, or grievances arising out of any matter, including violations of these Terms, to the Company’s Grievance Officer. The contact details of the Grievance Officer are as follow:
Mr. MAADHAV BHIDE
Contact Details: email@example.com
The Grievance Officer shall acknowledge the complaint within 24 hours and dispose of Your complaint within a period of 15 (fifteen) days from its receipt.
You will be required to furnish relevant details pertaining to your concern, complaint or grievance, specifically including your user details, and details / description of the alleged violation, what relief You are requesting, and/or any other information which may be required and by Company from time to time to assess your concern, complaint or grievance.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES INCLUDING THE APP, PLATFORM, USER CONTENT, COMPANY CONTENT, THIRD PARTY CONTENT, AND OTHER MATERIALS ON THE PLATFORM ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR OWN RISK. THE PLATFORM IS NOT HACK PROOF. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE PLATFORM, OR WHILE PROVIDING THE SERVICES. COMPANY DOES NOT MAKE ANY WARRANTIES OR GUARANTEES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
USERS UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, INCLUDING, WITHOUT LIMITATION OF THE USER DATA. WE DO NOT REPRESENT AND WARRANT THAT USERS USE OF THE PLATFORM WILL MEET THEIR REQUIREMENTS, OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR ANY INFORMATION OBTAINED BY THE USERS AS A RESULT OF USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
THE COMPANY SHALL HAVE NO CONTROL OVER THE SOCIAL MEDIA CONTENT SHARED / TOGETHER BY YOU THROUGH THE APP, OR ANY COMMUNICATIONS HELD AMONGST THE USERS THROUGH THE TCAFE FEATURE OF THE APP OR ON THE PLATFORM.
THE INFORMATION PROVIDED ON THE PLATFORM OR UPLOADED BY THE USERS ON THE PLATFORM IS ONLY FOR FUN AND ENTERTAINMENT PURPOSE. ANY AND ALL INFORMATION PROVIDED ON THE PLATFORM IS GENERIC IN NATURE. USERS AGREE AND ACKNOWLEDGE THAT THE COMPANY DOES NOT UNDERTAKE ANY RESPONSIBILITY OR GENUSINESS OF ANY SOCIAL MEDIA POSTED ON THE PLATFORM.
WE SPECIALLY DISCLAIM ANY OBLIGATIONS, LIABILITIES OR RESPONSIBILITIES IN RELATIONS TO SOCIAL MEDIA PROVIDED TO YOU THROUGH THE PLATFORM. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF SUCH SOCIAL MEDIA OR ANY SIMILAR INFORMATION PROVIDED THROUGH THE PLATFORM.
THE QUALITY OF THE DISPLAY AND FUNCTIONING OF THE PLATFORM MAY VARY FROM DEVICE TO DEVICE, AND MAY BE AFFECTED BY A VARIETY OF FACTORS, SUCH AS YOUR LOCATION, THE BANDWIDTH AVAILABLE THROUGH AND/OR SPEED OF YOUR INTERNET CONNECTION. HD, ULTRA HD AND HDR AVAILABILITY IS SUBJECT TO YOUR INTERNET SERVICE AND DEVICE CAPABILITIES. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
19. LIMITATIONS OF LIABILITY
IN NO EVENT, SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR MONETARY LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR SERVICES, OR ANY CONTENT OR MATERIAL THEREIN, OR ANY DAMAGE OR LOSS SUFFERED BY YOU AS A RESULT OF THE SERVICES OR CONTENT. WITHOUT LIMITING THE FOREGOING, COMPANY’S AGGREGATE MONETARY LIABILITY FOR THE SERVICES OR ANY CONTENT ON THE PLATFORM SHALL BE LIMITED TO INR 100. IF THE LAW OF YOUR JURISDICTION DOES NOT PERMIT EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTION.
Users agree to defend, indemnify, and hold Company, its employees, affiliates, service providers, and/or licensees harmless from and against any claims, damages, obligations, losses, costs, expenses (including attorney’s fees) arising out of or relating to: (i) User details and User Content that You submit or transmit on the Platform, (ii) violation by you of any rights of any other person (including other Users) in connection with the Services, (iii) infringement of any third party intellectual property or other proprietary rights, including publicity and privacy rights (iv) any breach of the terms and conditions of these Terms, (v) any breach or violation of applicable laws and regulations in the country from where you are accessing the Platform (vi) any breach of representation and warranties made in relation to the Services (vii) transactions between You and other User (ix) any unauthorized, improper, illegal or impermissible use of Your account by any person, including any third party, whether or not authorized or permitted by You.
This clause shall survive termination or expiry of these Terms.
You acknowledge that Your representations and warranties and the clauses relating to disclaimer, limitation of liability, indemnity, ownership of intellectual property rights, dispute resolution and governing law, shall survive any termination or expiry of these Terms.
22. DISPUTE RESOLUTION AND GOVERNING LAW
This Agreement and Your use of the Platform is governed by, construed and enforced in accordance with the laws of India and, subject to arbitration, for the purposes of any legal or equitable actions, You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Pune, Maharashtra, India.
Dispute Resolution: Any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time). The seat of the arbitration shall be Pune, India. The Tribunal shall comprise of one arbitrator to be appointed by Company at its sole discretion. The language of the arbitration shall be English language. The award of the arbitrator shall be final and binding on the parties. Nothing in this clause shall preclude Company from approaching the courts for appropriate reliefs.
You agree and understand that the Platform shall not be made party to or be responsible for any disputes which may arise between You and Friends/contacts/ users/ customers. Such disputes should be resolved at your own discretion, and cost without any recourse to the company
If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
24. GENERAL PROVISIONS
In this Agreement, reference to any gender includes a reference to all other genders and the neuter. Each part of this Agreement is independent of each other. Company shall have the right to assign this Agreement to any of its affiliates or any third parties at any time without notice to You. You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to the Company.
25. ENTIRE AGREEMENT
Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement which shall be given full force and effect.
27. CONTACT US
We believed there was a way to bring online interactions closer to the ones we have in real life. We tinkered around and came up with a solution. It took form as an application that captured the essence of human relations.