This user agreement is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This user agreement is generated by a computer system and does not require any physical or digital signatures.
This website is owned, published and maintained by House of Cheer Networks Private Limited (“We/ Us/Our/Ourselves/HOC”).
Access to Website
- This Website is offered and made available only to Users above the age of 18 years (or above 21 years where a guardian is appointed as per the Majority Act of 1875) ("Age of Majority").
- Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject Our sole discretion. We may at its sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access of the Website shall be in compliance with all applicable laws (as amended from time-to-time) which are applicable to You. You understand that Your access of the Website and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Website and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
- Our Website may capture Your current location if You choose to enable GPS feature in the Website.
Ownership of Intellectual Property Rights
- No license, express or implied, by estoppel or otherwise, to any Intellectual Property Rights, is granted by this document or by any conduct of HOC.
- You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
- You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein), in whole or in part, in any manner whatsoever.
- You may access, view and use Our Website in a web browser (including any web browsing capability built into other types of software or app).
- We are not obligated to collect and update personal data. As a service provider, We are only responsible for setting up the Website for Your access and usage. We cannot in any sense be responsible for the accuracy of personal data, outdated data and its violation.
You further undertaker that You shall NOT use the Website to:
- violate the privacy right or personal right or confidential information of any person;
- commit an act which could be construed as an act of cyber terrorism;
- collect, store and/or identify private/personal information of any user or person;
- facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
- stalk or otherwise harass another person or user;
- upload, post or e-mail any content that You do not have a right to transmit under any law or under contract;
- upload, post or e-mail any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or entity;
- upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain-letters or any other form of solicitation;
- upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website;
- interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including HOC’s servers, networks or accounts;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website real time exchanges;
- cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website;
- delete or revise any information provided by or pertaining to any other user/User of the Website; promote and/or generate revenue for Yourself and/or any third-party business activity;
- carry out any activity that is prohibited under the Act including under Section 43 of the Act, etc. and/or under any other applicable laws, rules or regulations;
- post unauthorized commercial communications and including advertisements; and/or
- manipulate or morph or alter or exploit any other user’s/User’s material.
- You further agree that HOC shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by operations of the Website.
Disclaimer and Limitation of Liability
- By accessing and/or using the Website You have read, understood and agreed to be legally bound by the terms of this disclaimer. You agree that Your access to the Website is at Your sole risk and at Your free will.
- All information contained in this Website is for general guidance on matters of interest only.. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Website. You should not use any information contained herein as a substitute for professional advice. In no event shall HOC, its affiliates, associates, subsidiaries and group companies, their respective directors, key managerial personnel, consultants, employees, officers, shareholders, agents, representatives, etc. be liable to You or anyone else for any decision made or action taken in reliance on the information in the Website.
- The Website and all material herein contained are distributed and transmitted by HOC on an "as is" and "as available" basis. HOC, its affiliates, associates, subsidiaries and group companies, their respective directors, key managerial personnel, consultants, employees, officers, shareholders, agents, representative, etc.:
- a) disclaim any and all express or implied representations, warranties and/or conditions of any kind, including but not limited to warranties of completeness, accuracy, reliability, suitability, fitness, merchantability, availability, quality, fitness for any purpose, non-infringement, compatibility and/or security;
- b) are not responsible or liable for any infection or contamination of Your system or device arising out of or in connection with Your use of the Website or any connected website and do not warrant that the Website, the server(s) that make the Website available or any connected websites are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components;
- c) are not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of Your use of the Website or any connected website or with respect to any material thereon; and
- d) do not warrant that the Website, or any connected website, linked microsites, any materials, third-party content or Services offered, will be uninterrupted or error free or accurate or suit Your specific purpose.
- Every effort is made to keep the Website running smoothly. However, HOC takes no responsibility for, and will not be liable for, the Website being unavailable due to any reasons.
- The entire risk as to the quality, accuracy, adequacy, completeness, fitness, correctness and validity of any Materials and use of and access to the Website or any connected website(s) rests solely with You.
- HOC, its affiliates, associates, subsidiaries and group companies, and their respective directors, key managerial personnel, consultants, employees, officers, shareholders, agents, representative, sub-contractors, third party providers, etc. shall not be liable for any loss and/or damage and/or liabilities and/or claims of any kind (whether in contract, tort or breach of statutory duty or otherwise) arising out of or in connection with: (i) the Website and/or the Services offered by HOC; and/or (ii) any Materials; (iii) any connected third party website; including without limitation:
- indirect or consequential loss;
- loss of profits or revenue or savings or other economic loss;
- incidental, direct, or special loss or similar damages;
- loss of or damage to data;
- loss of business, reputation or goodwill; and/or
- wasted or lost management time;
- breach of privacy and/or personal rights and/or intellectual property rights;
- even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable.
- This Website may contain links to other third-party websites owned and operated by third-parties who are not related to HOC ("Third-Party Website(s)"). You agree that Third-Party Websites are not under the control of HOC. Any transactions that You enter into with a third-party listed in this Website or linked from this Website are solely between You and that third-party. HOC shall not be responsible for: (a) the accuracy, relevance, legality, decency, and/or contents of such Third-Party Websites; and/or (b) the entities publishing such Third-Party Websites including their acts or omissions; and/or (c) any transaction (including monetary transaction) done by You therein; and/or (d) any fraud, loss, etc. that You may incur as a result of Your access and/or use thereof; and/or (e) breach of your privacy rights, personal rights or intellectual property rights
- The inclusion of any links, hyperlinks, etc. within the Website, does not constitute or imply an endorsement or recommendation by HOC of any third-party, of the quality of any product, service, advice, information or other materials displayed, purchased, or obtained by You.
- The Website may contain third-party advertisements, promotions, etc. (that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by HOC of the relevant advertiser, its products or services or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertiser and its products and/or services. HOC accepts no responsibility for any interaction between You and the relevant third party and HOC is released from any and all liability arising out of or in any way connected with such interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.
Notice & Take down Process
- HOC does not endorse or promote any data, information, content or material published on the Website and expressly disclaims any and all liability in connection with the same.
- If You believe that the Website contains any data, information, content or material that could be in violation of Clause 3.1 above, and/or in violation of any applicable provision of the Act or rules thereunder, You will notify HOC of the same by sending an email notification to Tina Taylor at firstname.lastname@example.org at _______________. By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act, Information Technology (Intermediaries Guidelines) Rules, 2011 and applicable laws of the country from where the data is processed. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
- Website shall take-down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) would be committed if the said data, information, content or material is not deleted from the Website .
- HOC further reserves the right (without the obligation of doing so) to take-down any data, information, content or material, without notice to User and without any liability either to HOC or its directors, key managerial personnel, officers, employees, that HOC in its sole discretion determines to be in violation of Clause 3.1 above and/or in violation of any applicable provision of the Act or rules thereunder.
If You have any questions, queries or complaints with respect to the Website , then such correspondence should be directed to the grievance officer at:
Name: Tina Taylor
Address: House of Cheer Network Private Limited, Gigi Apartments, 3rd Floor, 14 Silver Beach Estate, AB Nair Road, Juhu, Mumbai – 400 049
Phone: +91 9820713243
- You agree that HOC hall be under no liability whatsoever to You in the event of non-availability of the Website or any portion thereof occasioned by an act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Website maintenance, server maintenance, or any other cause whatsoever beyond the control of HOC