This document is an electronic record in terms of the
Information Technology Act, 2000 (as may be amended, modified,
re-enacted, consolidated or replaced from time to time) and
rules thereunder pertaining to electronic records in various
statutes as applicable and amended from time to time, and is
published in accordance with the provisions of Rule 3 of the
Information Technology (Intermediaries Guidelines) Rules, 2011
which mandates the publishing of rules and regulations,
privacy policy and the terms and conditions for access or
usage of the Hobo.Video marketplace platforms, namely,
https://hobo.video, and the Hobo.Video mobile application for Android and iOS
devices (hereinafter collectively referred to as the “Platform”).
For the purpose of these Terms of Use, wherever the context
so requires, “You” or “User” shall mean any natural or legal person who has agreed
to become a buyer on the Platform by providing data required
to register as a registered User on the Platform. The terms
“Hobo.Video“,”We“, “Us“, “Our” shall mean Growthlo Labs Pvt. Ltd, a company duly
incorporated under the provisions of Companies Act, 2013,
having its registered office at 6/98, U/G/F DHOBIWARA SHAHDRA
DELHI East Delhi DL 110032 IN, and its affiliates.
By mere use of and/or access to the Platform, Users
understand that they are contracting with Hobo.Video. Users
also understand that Hobo.Video shall remain the sole owner of
the Platform and these Terms of Use (which include the Privacy
Policy, Refund Policy and the Cookie Policy relating thereto)
shall constitute a User’s binding obligations with
Hobo.Video.
The User by using/ accessing the Platform and by providing
any information through the Platform, impliedly or expressly,
hereby accepts these Terms of Use and enters into a binding
contract with Hobo.Video. It is thereby acknowledged that the
User has read, understood these Terms of Use and is bound by
them, regardless of how the User or anyone on the User’s
behalf has accessed or used the Platform. If the User does not
want to be bound by the Terms of Use, they must not retain,
access and/or use the Platform in any manner whatsoever.
Anything done, caused to be done, whether expressly or
impliedly, in contravention of these Terms of Use, may render
the User liable for legal action.
Downloading Our mobile application from Google Play Store or
Apple App Store, the User will also be subject to Google Play
Terms of Service or Apple App Store Terms of Service,
respectively. If there is any conflict between Google Play
Terms of Service or Apple App Store Terms of Service and these
Terms of Use with respect to Your use of the android and/or
iOS mobile platform application, then, these Terms of Use
shall prevail.
USER ACCOUNT
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The User shall ensure that the details provided by the User
are correct and complete and if the User wishes to change
any information provided to Us while registering on the
Platform, the same can be updated by visiting the User
Account area of the Platform provided by Us.
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Any reference to a natural person shall, include his/her
heirs, executors and permitted assignees and any reference
to a juristic person shall include its affiliates,
successors and permitted assignees, unless repugnant to the
context, who has agreed to become a User by providing true,
accurate, current and complete information while registering
on the Platform (such information being the
“Registration Data”) as Registered User/ Guest
User using the computer systems and who has accepted this
electronic version/ electronic record of the User Agreement
and allocated himself/ herself a unique identification user
name (“User ID” and “Password”) to
become a Registered User or has been identified as a Guest
User by providing their cell number and email ID.
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The User account on the Platform shall be utilized solely
to purchase the listed products only for the User’s personal
use and not re-sale or business purposes.
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We reserve the right to refuse access to the Platform,
terminate accounts, remove or edit content at any time
without any advance notice to the User.
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Hobo.Video shall not charge any fees for the general
registration and browsing of products on its Platform. It is
however clarified that Hobo.Video shall reserve the right to
charge fee and change its policies in relation to fees from
time to time.
ELIGIBILITY OF USER
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Upon accessing the Platform, the User hereby represents and
warrants that the User is not a minor i.e. below the age of
18 (eighteen) years and has the authority and capacity to
enter into a legal agreement and is not temporarily or
indefinitely suspended from using Our services;
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The Platform is not intended for use by children. If You
are a minor i.e. under the age of 18 years, the Platform may
be used only with involvement of a parent or guardian.
USAGE
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The User agrees and undertakes to be responsible for
maintaining the confidentiality of the account created for
the services and shall be fully responsible for all
activities that occur by use of the account. Further, the
User agrees not to use any other party’s/User’s
account for any purpose whatsoever without proper
authorization from the relevant party/User. The User is
responsible for the security of all transactions undertaken
on such User’s account. Hobo.Video will not be held
responsible for any financial loss, inconvenience or mental
agony resulting from misuse of the User’s account.
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The User also agrees and undertakes to immediately notify
Us of any unauthorized use of the User’s account or
user ID, as the case maybe. We shall not be responsible for
any direct or indirect loss or damage arising out of the
User’s failure to comply with this requirement.
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To use the services on the Platform, the User agrees
to:
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not breach or circumvent any laws, third-party rights
or our systems, policies, or determinations of Your
account status;
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not use the Platform for committing any criminal
offence or any unlawful activity or any fraudulent
purposes or illegal purposes as per the applicable
laws;
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not use the Platform for harassing any person or
third party, or for making any defamatory, obscene,
indecent remarks or be in breach of the Intellectual
Property Rights (defined hereinafter) of any third party or act unlawfully in any other
manner whatsoever;
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not infringe the copyright, trademark, patent,
publicity, moral, database, and/or other intellectual
property rights (“Intellectual Property
Rights“) that vest with Hobo.Video;
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not use any robot, spider, scraper, data mining
tools, data gathering and extraction tools, or other
automated means to modify or interfere with Our
Platform or access the Platform or other third-party
information for any purpose, except with the prior
express and written permission of Hobo.Video;
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not interfere with the working of the Platform, or
impose a disproportionately large load on Our
infrastructure;
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The User agrees and undertakes not to sell, trade,
resell or exploit for any commercial purposes, any
portion of the services or product purchased via the
Platform. The User further agrees and undertakes not to
copy, distribute, transmit, display, perform, reproduce,
publish, license, reverse engineer, create derivative
works from, transfer, or sell any information, software,
products, services or intellectual property obtained
from the Platform in any manner whatsoever.
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Hobo.Video shall not be held liable in the event any
e-mail/text message/automated phone calls remain unread
by a User due to reasons including non-delivery of the
e-mail/text message/automated phone calls or delivery to
the User’s junk or spam folder, as the case may
be.
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The User shall ensure that any password issued by Us to
the User must not be revealed to any other person or
third party. You may not use anyone else’s
password. You shall be responsible for maintaining the
confidentiality of Your accounts and passwords.
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User agrees to exit/log-out of their accounts at the
end of each session. We shall not be responsible for any
loss or damage that may result if the User fails to
comply with these requirements.
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User agrees not to disrupt, overburden, or aid in the
disruption or overburdening of any computer or server
used to offer or support Our services on the Platform;
or the enjoyment of Our services on the Platform by any
other user or person.
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User shall not attempt to gain unauthorised access to
other users’ accounts, servers or networks connected to
Our services by any means and is permitted to use only
the User interface provided by Us.
COMMUNICATION
User agrees and understands that User shall communicate with
Us through electronic records and User consents to receive and
send communications via electronic modes including email, text
messages, telephonic calls, etc. The User hereby agrees that
all agreements, notices, communications provided by Us
electronically are legally admissible.
HOW IS THE RANKING OF PRODUCTS AND VIDEOS DETERMINED ON THE
PLATFORM?
The ordering of products and videos on the platform is done
by taking into consideration various factors like product
quality (based on feedback from customers), popularity of the
product or video, price of the product, stock available with
the seller, editor’s choice, category or feature demand,
marketing spends and seller performance on consumer experience
metrics.
PRODUCT DESCRIPTION
The User understands that We do not provide any express
warranty with respect to the description of the products
displayed on the Platform i.e. whether the same is accurate,
explicit, complete, reliable, and error-free. It is however
clarified, that in the event any product(s) delivered to the
User is not the same as described on the Platform and the User
wishes to return the said product(s), such User will be
governed by the Refund Policy.
PRICING
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The prices of the products displayed on the Platform is
inclusive of the Goods and Services Tax (“GST”) or any other alternate indirect tax (as may be applicable), but is exclusive of any other charges that may apply
such as delivery charges, etc. It is however clarified
that if the applicable rates of GST on the date of the order
is changed after the order (and not purchased) has been
made, the change will be reflected in the price of the
product(s) without User being notified about the same.
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We do not assure that the prices of the products offered by
merchants will remain unchanged. It is clarified that the
price of the products is subject to change till the time it
is ordered and purchased on the Platform.
DELIVERY
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We may partner with third party logistic service providers
in order to deliver the product(s) (“Logistic Partners“). Details of the Logistic Partner such as
approximate days of delivery of the ordered product(s) will
be extended vide text message, Platform notifications etc.
and/or email upon receipt of confirmation from the User’s
Account.
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Prior to making payment from the User’s account for the
purchase of product(s), the User will be directed to provide
the shipping address. User assures and affirms that the
information provided in respect of shipping address is
correct, complete and accurate with sufficient landmarks in
order to aid identification of the address. Any failure in
delivering the purchased product(s) arising out of the
User’s failure to provide correct, complete and accurate
information shall not hold Us liable at any point in
time.
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A maximum of 3 (three) attempts shall be made to deliver
purchased products to the User’s given address. Upon failure
to deliver the product(s) owing to the incorrect shipping
address provided by the User, We at our sole discretion,
reserve the right to cancel the order pertaining to the
purchased product(s). In the event of such cancellation, We
shall refund the price of the purchased product(s) after
deduction of expenses incurred, if any.
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While We will make reasonable efforts in ensuring that
purchased product(s) are delivered to the User in a timely
manner, the User understands that delivery may be delayed on
account of:
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logistical issues beyond our control;
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unsuitable weather conditions;
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political disruptions, strikes, employee-lockouts,
etc.;
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acts of God such as floods, earthquakes, etc.; and
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any other unforeseen circumstances beyond Our
control.
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In such events of delay as laid out in clause 7.4
above, We shall make all reasonable efforts to
intimate the User in writing, on his registered email
account, mobile number and/or email. We disclaim all
liabilities that may arise on account of failure to
intimate User of anticipated delays in the delivery of
product(s) purchased through the Platform. Further, We
shall be under no obligation to compensate User for
any mental agony or any tortuous claim that may
otherwise arise on account of a delay in the shipment
and delivery or use of the purchased product(s).
TRANSACTIONS
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The User may opt for any of the following modes for payment
of the product(s) displayed on the Platform:
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Cash on Delivery (“COD”);
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Valid Debit or Credit or any other Prepaid banking
cards;
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Net banking;
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Hobo.Video Wallet Cash
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Payment by COD may be available on select items only
and We retain the right to restrict or permit the same
based on the value of the product, area of delivery, or
for any reason whatsoever.
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The User understands and agrees that all valid credit,
debit, cash card or any other payment instruments
including net banking transfers that are processed using
a credit card payment gateway or appropriate payment
system infrastructure are also governed by the terms and
conditions agreed to between the User and the respective
issuing bank and payment instrument issuing
company.
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The payment facility provided by Us is neither a
banking nor financial service but is merely for the
purposes of facilitating electronic/automated online
electronic payment, or for receiving payments through
the modes stated in this clause 8 in order to complete
the transactions on the Platform using the existing
authorized banking infrastructure and credit card
payment gateway networks. Further, by providing payment
facility, We neither act as trustees nor act in a
fiduciary capacity with respect to the transactions made
on the Platform or the transaction price.
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User agrees that once a transaction is confirmed it
shall be final and no cancellation will be permissible
and upon confirmation, the User shall be bound to make
payment for that transaction.
REFUND POLICY
We may, in certain exceptional circumstances and at our sole
and absolute discretion, refund the amount to the User after
deducting applicable cancellation charges and taxes,
subsequent to the receipt of the damaged/wrong/faulty product
purchased by the User. At the time of the transaction, Users
may also be required to take note of certain additional terms
and conditions which shall also govern the transaction. To the
extent that the additional terms and conditions contain any
clause that is conflicting with the present terms and
conditions, the additional terms and conditions shall prevail
for the purposes of this clause 10. For more details, please
refer to the Refund Policy.
ACCEPTANCE OF TERMS AND MODIFICATIONS THEREOF
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The Users are not allowed to copy, reproduce, alter,
modify, create derivative works of, or publicly display any
content displayed on the Platform.
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We may stop provision of the Platform (or any part of the
Platform), permanently or temporarily, to the User(s)
generally or may modify or change the nature of the mobile
application and/or these Terms at Our sole discretion,
without any prior notice to the User.
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The User shall be solely liable for all data charges
incurred through use of the Platform.
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We shall be entitled to modify these Terms of Use, rules
and regulations of use referred to herein or provided by Us
in relation to the Platform, at any time, by posting the
same on the Platform. No individual alert shall be provided
to the User and it shall be assumed that each individual
User has read and understood the modified Terms of Use,
rules and regulations of use updated by Us.
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We may, at our sole and absolute discretion:
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reject, move or remove any material that may be
submitted by a User;
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move or remove any content that is available on the
Platform;
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deactivate or delete a User’s account and all
related information and files on the account;
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establish general practices and limits concerning use
of Platform;
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assign Our rights and liabilities relating to the
Platform to any legal entity established under
applicable law and post such assignment, an intimation
of such assignment shall be sent to all Users to their
registered email addresses.
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Upon any breach of these Terms of Use, or illegal or
improper use of the Platform by a User, We may, at our sole
and absolute discretion and without any notice to the User,
restrict, suspend or terminate the User’s access to all or
any part of the Platform, deactivate or delete the User
account and all related information on the account and
further, take technical and legal steps as it deems
necessary.
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User hereby provides free voluntary consent to receive
communications such as announcements, administrative
messages and advertisements from Us or any of Our partners,
licensors or associates.
INTELLECTUAL PROPERTY
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Use of the Platform is, and at all times, governed by and
subject to the copyright, trademark, patent, and trade
secret laws regarding ownership and use of intellectual
property. The User shall be solely responsible for any
violations of any laws and for any infringements of any
intellectual property rights caused by use of the Platform
through User’s device.
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All trademarks, brands and service marks of the Platform
including those mentioned in the Hobo.Video packaging (if
any) are the sole property of Hobo.Video, including all the
copyrights and database in relation to the Platform.
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The Platform and any underlying technology or software used
in connection with the Platform may contain rights of
Hobo.Video or Our affiliates or any third-party connected
thereto. For use of any third-party’s intellectual property,
the User may need to get permission directly from such
third-party owner of that intellectual property.
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Any intellectual property which is not specifically
mentioned to be owned by Us is owned by their respective
owners and the owners have a right to take appropriate
actions against the User for any violation, infringement or
passing off.
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The User confirms and undertakes not to display or use the
names, logos, marks, labels, trademarks, copyrights or
intellectual and proprietary rights of any third party on
the Platform. The User further agrees to indemnify and hold
Us, Our directors, employees, affiliates and assigns
harmless against all costs, damages, loss and harm including
towards litigation costs and counsel fees, in respect of any
third party claims that may be initiated including for
infringement of Intellectual Property Rights arising out of
such display or use of the names, logos, marks, labels,
trademarks, copyrights or intellectual and proprietary
rights on the Platform, by User or through the User’s
commissions or omissions.
THIRD PARTY SITES, APPLICATIONS, SERVICES AND PRODUCTS
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The Platform may contain links to other internet sites or
applications owned and operated by third parties. Use of
each of such site or application is subject to the
conditions, if any, posted by such site or application. We
do not exercise control over any of those internet sites or
third-party applications and will not be held responsible
for any content residing in any third-party internet sites,
etc. We do not endorse or support these third-party sites or
applications and services they provide; these links are
provided for User’s convenience only. We are not responsible
or liable for the content or accuracy of such links.
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The Platform contains content that is created by Us as well
as provided by third parties. We do not guarantee the
accuracy, integrity, quality of the content provided by
third parties and such content may not be relied upon by the
Users in utilizing Our services provided on the
Platform.
GOVERNING LAW AND DISPUTE RESOLUTION
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These terms shall be governed by and constructed in
accordance with the laws of India without reference to
conflict of laws, principles and disputes arising in
relation hereto shall be subject to the exclusive
jurisdiction of courts, tribunals, fora, applicable
authorities at New Delhi.
RELEASE AND LIMITATIONS OF LIABILITY
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Users shall access the Platform voluntarily and at their
own risk. We shall under no circumstances be held
responsible or liable on account of any loss or damage
sustained (including but not limited to any accident,
injury, death, loss of property) by Users or any other
person or entity during the course of access to and/or use
of the Platform.
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By accessing the Platform and entering the contests
provided therein, Users hereby release from and agree to
indemnify Us, and/or any of Our directors, employees,
partners, associates and licensors, against all liability,
cost, loss or expense arising out of their access to the
Platform including but not limited to personal injury and
damage to property, whether direct, indirect, consequential,
or foreseeable, caused due to any negligent act or omission
on their part, or otherwise.
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Users shall be solely responsible for any consequence which
may arise due to their access and use of the Platform,
including conducting an illegal/fraudulent act or
non-conformity with these Terms of Use and other rules and
regulations in relation to the Platform, including provision
of incorrect address or other personal details. Users also
undertake to indemnify Us and Our respective officers,
directors, employees and agents on the happening of such an
event (including without limitation, cost of attorney, etc.)
on full indemnity basis for any loss/damage suffered by Us
on account of such act on the part of the Users.
DISCLAIMERS
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Unless otherwise explicitly specified, We are not
affiliated in any way to and claim no association, in any
capacity whatsoever, with any organization, association,
institution, business, trust, authority, governing bodies
and leagues, whether local or national or
international.
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We are only a marketplace/facilitator providing a Platform
between Users and merchants or any other third party.
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To the extent permitted under law, We shall not be
responsible for any harm resulting from downloading or
accessing any information or material, the quality of
servers, products. We disclaim any responsibility for, and
if a User pays for access to one of Our services the User
will not be entitled to a refund as a result of any
inaccessibility that is caused by Our maintenance on the
servers or the technology that underlies Our sites, failures
of service providers (including telecommunications, hosting,
and power providers), computer viruses, natural disasters or
other destruction or damage of Our facilities, acts of
nature, war, civil disturbance, or any other cause beyond
Our reasonable control. In addition, We do not provide any
warranty as to the content on the Platform. The Platform
content is distributed on an “as is, as
available” basis.
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Any material accessed, downloaded or otherwise obtained
through Us and/or the Platform is done at the User’s
discretion, competence, acceptance and risk, and the User
will be solely responsible for any potential damage to
User’s computer system or loss of data that results
from a User’s download of any such material.
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We shall make best endeavours to ensure that the Platform
and experience through it is error-free and secure, however,
neither We nor any of Our partners, licensors or associates
makes any warranty that:
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the Platform will meet Users’ requirements;
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The Platform will be uninterrupted, timely, secure,
or error free;
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the listings on the Platform will be accurate or
reliable; and
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the quality of any products, Platform services,
information, or other material that Users purchase or
obtain through the Platform will meet Users’
expectations.
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To the extent permitted under law, neither We nor our
partners, licensors or associates shall be liable for
any direct, indirect, incidental, special, or
consequential damages arising out of the use of or
inability to use Our sites, even if we have been advised
of the possibility of such damages.
CONTACT AND COMPLAINT
In the event the User has any questions, comments, complaints
and requests regarding these Terms of Use, Privacy Policy,
Cookie Policy and the Refund Policy, such respective User may
address the same to the designated grievance officer in
respect of the Platform. Any complaints or concerns with
regards to any content on the Platform or any breach of the
Privacy Policy or Terms of Use or any other policy can be
directed to the designated officer in writing and the details
are as follows:
Ms. Aditi Jain
Growthlo Labs Pvt. Ltd.
Email:
[email protected]
Time: Mon – Sat (9:00 – 18:00)
TAXES
You shall be responsible for payment of all
fees/costs/charges associated with the purchase of products
from Us and You agree to bear any and all applicable taxes
including but not limited to GST, duties, cess etc.
WAIVER
Any failure or delay by a party to enforce or exercise any
provision of these Terms of Use, or any related right, shall
not constitute a waiver by such party of that provision or
right. To clarify, if a User breaches any of these conditions
and We do not initiate any action against the same, We will
still be entitled to use our rights and remedies in any other
situation where You breach these conditions. Any waiver by a
party shall only be made in writing and executed by a duly
authorized officer of such party.
MISCELLANEOUS
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We may be required under applicable law, to notify Users of
certain events. User hereby acknowledges and consents that
such notices will be effective upon Our posting them on the
Platform or delivering them to the User through the email
address provided by the User at the time of registration.
User(s) may update their email address by logging into their
account on the Platform. If they do not provide Us with
accurate information, We shall not be held liable for
failure to notify the User.
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We shall not be liable for any delay or failure to perform
resulting from causes outside Our reasonable control,
including but not limited to any failure to perform due to
unforeseen circumstances or cause beyond Our control such as
acts of God, war, terrorism, riots, embargoes, acts of civil
or military authorities, fire, floods, accidents, network
infrastructure failures, strikes, or shortages of
transportation facilities, fuel, energy, labor or
materials.
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Users agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the Platform or these Terms must be filed
within 30 (thirty) days of such claim or cause of action
arising or be forever barred from making the claim.
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If any part of these Terms of Use is determined to be
indefinite, invalid, or otherwise unenforceable, the rest of
these Terms of Use shall continue in full force.
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We reserve the right to moderate, restrict or ban the use
of the Platform, specifically to any User, or generally, in
accordance with Our policy/policies amended from time to
time, at Our sole and absolute discretion and without any
notice.
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We may, at Our sole and absolute discretion, permanently
close or temporarily suspend any services or products on the
Platform.
For More Policies:
Shipping/Membership Policy
