These Terms of Use
describe the terms and conditions applicable to your access and use of the
website www.Mistri Chacha.com and its mobile application platform (each a “Platform”).
This document is a legally binding agreement between you as the user(s)
of the Platform (referred to as “you”, “your” or “User”
hereinafter) and the Hive loop Technology Private Limited entity listed in
clause 2.a below (referred to as “we”, “our” or “Mistri Chacha”
hereinafter).
1. Application and
Acceptance of the Terms
1. User’s
use of the Platform and Mistri Chacha’s services, software and products
(collectively the “Services” hereinafter) is subject to the terms and
conditions contained in this document as well as the Privacy Policy, The
Product Listing Policy, IP Infringement Policy and any other rules and policies
of the Platform that Mistri Chacha may publish from time to time.
2. This
document and such other rules and policies of the Platform are collectively
referred to below as the “Terms”. By accessing the Platform or
using the Services, User agrees to accept and be bound by the Terms.
Please do not use the Services or access the Platform if you do not
accept all of the Terms or are unable to be bound by the Terms.
3. User
may not use the Services and may not accept the Terms if you are not of legal
age to form a binding contract with Mistri Chacha.
4. You
acknowledge and agree that Mistri Chacha may amend any Terms at any time by
posting the relevant amended and restated Terms on the Platform. By
continuing to use the Services or the Platform, you acknowledge to have
accepted the amended Terms and agree that the amended Terms will apply to you.
5. The
Terms may not otherwise be modified except in writing by an authorized officer
of Mistri Chacha.
2. Provision of Services
1. The
Mistri Chacha contracting entity that you are contracting with for access to
the Platform is Hive loop Technology Private Limited. In case you avail
services while accessing the Platform, that may be supported and/or provided by
third party service provider(s), for all such services your contracting entity
will be such third party service provider(s), as the case may be. Mistri Chacha
disclaims all liability for any claims that may arise pursuant to your use of
services provided by such third party service provider(s).
2. You
must register as a User on the Platform in order to access and use Services.
Further, Mistri Chacha reserves the right, without prior notice, to restrict
access to or use of certain Services (or any features within the Services)
subject to other conditions that Mistri Chacha may impose in its
discretion.
3. Fees and Charges Payable
by Seller
Seller will pay to Mistri Chacha, if
applicable, fee for use and access of the Platform (referred to as ‘Platform
Fee’). Platform Fee will be ascertained based on the criteria determined by
Mistri Chacha and communicated to the seller, from time to time.
The applicable Platform Fee shall be as
communicated by Mistri Chacha to the seller(s), from time to time, via the
Platform or through such other mode of communication as may be determined by
Mistri Chacha in its sole discretion. It shall be the seller’s responsibility
to routinely check on such Platform Fee. In the event you continue to use the
Platform, it shall be deemed that you have agreed to such change in the
Platform Fee.
The Platform Fee shall be exclusive of all
applicable taxes (including Goods and Services Tax).
Mistri Chacha may
charge the Seller for any cancellation of the orders, and/or for other services
availed by Seller from Mistri Chacha, including but not limited to,
advertisement services.
Mistri Chacha shall issue the invoice for
Platform Fee and other charges (if any), on the Seller, and the Seller shall
make payment of the same to Mistri Chacha and the parties hereby agree that the
Seller alone shall be responsible for ensuring that Platform Fee is paid to
Mistri Chacha. The Seller may however authorize any third party service
provider engaged by the Seller (who may collect or receive payment for or from
the Seller, and advice that a part thereof be remitted by such third party
service provider as Platform Fee to
Mistri Chacha on behalf of the Seller).
4. Users Generally
1. You
agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute
or resell any Services or any information, text, images, graphics, video clips,
sound, directories, files, databases or listings, etc. available on or through
the Platform (the “Platform Content”), and (b) you will not copy, reproduce,
download, compile or otherwise use any Platform Content for the purposes of
operating a business that competes with Mistri Chacha, or otherwise
commercially exploiting the Platform Content or systematic retrieval of
Platform Content from the Platform to create or compile, directly or
indirectly, a collection, compilation, database or directory (whether through
robots, spiders, automatic devices or manual processes).
2. You
must read Mistri Chacha’s Privacy
Policy which governs the
protection and use of personal information about Users of Platform. You accept
the terms of the Privacy Policy and agree to the use of the personal
information about you in accordance with the Privacy Policy.
3. Mistri
Chacha may allow Users access to content, products or services offered by third
parties through hyperlinks (in the form of word link, banners, channels or
otherwise), API or otherwise to such third parties' web sites. You are
cautioned to read such third parties terms and conditions and/or privacy
policies before using the Platform with respect to such content, products or
services that you may avail. You acknowledge that Mistri Chacha has no control
over such third parties' web sites and shall not be responsible or liable to
anyone for such web sites, or any content, products or services made available
on such web sites.
4. You
agree not to undertake any action which may undermine the integrity of Mistri
Chacha’s feedback system.
5. By
posting or displaying any information, content or material (“User Content”) on
the Platform or providing any User Content to Mistri Chacha or our
representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable
license to Mistri Chacha to display, transmit, distribute, reproduce, publish,
translate, and otherwise use any or all of the User Content in any form, media,
or technology now known or not currently known in any manner and for any
purpose which may be beneficial to the operation of the Platform, the provision
of any Services and/or the business of the User. You confirm and warrant to
Mistri Chacha that you have all the rights, power and authority necessary to
grant the above license.
6. User
agree, undertake and confirm that User’s use of Platform shall be strictly
governed by the following binding principles:
1. User
shall not host, display, upload, modify, publish, transmit, update or share any
information which:
1. belongs
to another person and to which User does not have any right to;
2. is
grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986 ,is misleading in any way;
3. is
patently offensive to the online community, such as sexually explicit content,
or content that promotes obscenity, pedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or individual;
4. harasses
or advocates harassment of another person; involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming" or messages using Mistri
Chacha communication platform;
5.
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
6. infringes
upon or violates any third party's rights [including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person's name, email address, physical address or
phone number) or rights of publicity];
7. promotes
an illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
8. contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
9. provides
material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
10. provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses; Contains video, photographs, or images of another person (with a
minor or an adult).
11. tries to gain
unauthorized access or exceeds the scope of authorized access to the Platform
or to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Platform or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
12. Engages in
commercial activities and/or sales without prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the buying
or selling of "virtual" products related to the Platform. Throughout
this Terms of Use, Mistri Chacha's prior written consent means a communication
coming from Mistri Chacha's Legal Department, specifically in response to your
request, and specifically addressing the activity or conduct for which you seek
authorization;
13. solicits
gambling or engages in any gambling activity which, in sole discretion,
believes is or could be construed as being illegal;
14. interferes
with another User's use and enjoyment of the Platform or any other individual's
User and enjoyment of similar services;
15. Refers to any
website or URL that, in sole discretion, contains material that is
inappropriate for the Platform or any other website, contains content that
would be prohibited or violates the letter or spirit of these Terms of Use,harm
minors in any way;
16.infringes any
patent, trademark, copyright or other proprietary rights or third party's trade
secrets or rights of publicity or privacy or shall not be fraudulent or involve
the sale of counterfeit or stolen products, violates any law for the time being
in force;
17. deceives or
misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature
; impersonate another person;
18.contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or contains any
Trojan horses, worms, time bombs, cancel-bots, Easter eggs or other computer
programming routines that may damage, detrimentally interfere with, diminish
value of, surreptitiously intercept or expropriate any system, data or personal
information;
19. 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 cognizable offence or prevents investigation of any offence or is insulting
any other nation, shall not be false, inaccurate or misleading;
20. shall not,
directly or indirectly, offer, attempt to offer, trade or attempt to trade in
any item, the dealing of which is prohibited or restricted in any manner under
the provisions of any applicable law, rule, regulation or guideline for the
time being in force.
21. shall not
create liability for Mistri Chacha or cause Mistri Chacha to lose (in whole or
in part) the services of our internet service provider ("ISPs") or
other suppliers;
22. You shall not
use any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Platform or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the
Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. Mistri Chacha reserves its right to bar any such activity.
23. User shall
not attempt to gain unauthorized access to any portion or feature of the
Platform, 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.
24. Unless
expressly permitted, User shall not probe, scan or test the vulnerability of
the Platform or any network connected to the Platform nor breach the security
or authentication measures on the Platform or any network connected to the
Platform. User may not reverse look-up, trace or seek to trace any information
on any other User of or visitor to Platform, or any other user, including any
account on the Platform not owned by User, to its source, or exploit the
Platform or any service or information made available or offered by or through
the Platform, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, other than
User’s own information, as provided for by the Platform .
5. User Accounts
1. User
must be registered on the Platform to access or avail the Services. Except with
Mistri Chacha’s approval, one User may only register one account on the
Platform. Mistri Chacha may cancel or terminate a User’s account if Mistri
Chacha has reasons to suspect that the User has concurrently registered or
controlled two or more accounts. Further, Mistri Chacha may reject User’s
application, without assigning any reasons thereof, for registration for any
other reason.
2. A
set of User ID and OTP (One Time Password) / password is unique to a single
account. You shall be solely responsible for maintaining the confidentiality
and security of your user ID and password and for all activities that occur
under User’s account. You agree that all activities that occur under your
account (including without limitation, posting any company or product
information, clicking to accept any terms & conditions or rules.