- 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.
- 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.
- 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.
- 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.
- 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
- 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;
- 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.
- 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.
- 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.
- To use the services on the Platform, the User agrees to:
- not breach or circumvent any laws, third-party rights or our systems, policies, or determinations of Your account status;
- 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;
- 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;
- not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (“Intellectual Property Rights“) that vest with Hobo.Video;
- 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;
- not interfere with the working of the Platform, or impose a disproportionately large load on Our infrastructure;
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- logistical issues beyond our control;
- unsuitable weather conditions;
- political disruptions, strikes, employee-lockouts, etc.;
- acts of God such as floods, earthquakes, etc.; and
- any other unforeseen circumstances beyond Our control.
- 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).
- The User may opt for any of the following modes for payment of the product(s) displayed on the Platform:
- Cash on Delivery (“COD”);
- Valid Debit or Credit or any other Prepaid banking cards;
- Net banking;
- Hobo.Video Wallet Cash
- 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.
- 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.
- 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.
- 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.
- The User may opt for any of the following modes for payment of the product(s) displayed on the Platform:
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
- The Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Platform.
- 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.
- The User shall be solely liable for all data charges incurred through use of the Platform.
- We may, at our sole and absolute discretion:
- reject, move or remove any material that may be submitted by a User;
- move or remove any content that is available on the Platform;
- deactivate or delete a User’s account and all related information and files on the account;
- establish general practices and limits concerning use of Platform;
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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
- 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.
- 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.
- 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.
- We are only a marketplace/facilitator providing a Platform between Users and merchants or any other third party.
- 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.
- 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.
- 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:
- the Platform will meet Users’ requirements;
- The Platform will be uninterrupted, timely, secure, or error free;
- the listings on the Platform will be accurate or reliable; and
- the quality of any products, Platform services, information, or other material that Users purchase or obtain through the Platform will meet Users’ expectations.
- 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
Ms. Aditi Jain
Growthlo Labs Pvt. Ltd.
Email: [email protected]
Time: Mon – Sat (9:00 – 18:00)
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.
- 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.
- 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.
- 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.
- 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.
- We may, at Our sole and absolute discretion, permanently close or temporarily suspend any services or products on the Platform.