This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from Ohai (hereinafter referred to as the “App”). The App is owned by Cutting Chai Technologies Pvt. Ltd., a company incorporated in India (hereinafter referred to as “We” or “Our” or “Us” or “Company”).
By accessing Our App from any computer, computer device, mobile, smartphone or any electronic device (hereinafter collectively, referred to as the “Service”) you (hereinafter referred to as “You” or “Your”) expressly agree to be bound by these Terms and Conditions (hereinafter referred to as the “Terms”).
1.2. You consent to have these Terms and all notices provided to You in electronic form.
1.4. The minimum age to use the Service is 18 (eighteen) years. By using the Service and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where you access our Service.
1.5. Using the Service may be prohibited or restricted in certain jurisdictions. If You use the Service from such prohibited/restricted jurisdiction, You are solely responsible and liable and responsible for any compliance/non-compliance with the laws and regulations thereof.
1.6. By using the Service, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
1.7. By using the Service, You represent and warrant that You have never been convicted under the law of any country, including India, concerning any matter concerning or relating to any sexual offence, pornography, obscenity, defamation and the like.
1.9. Your account details You provide to Us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for any and all usage and activity on the Service that takes place under Your account.
1.10. By agreeing to these Terms, You grant Us the permission to send electronic communication to You as part of Our offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from Us and Our partners. Should You no longer wish to receive such electronic communications, You may write to us at [email protected]
1.11. Any account You open with Us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to access or use Your account in any way whatsoever.
1.12. These Terms will remain in full force and effect while You use the Service or any part thereof, as a registered User.
1.13. You may terminate or disable Your Service account at any time and for any reason by deleting the Service (Uninstalling the Ohai Application) from Your device.
1.14. We may terminate or suspend, whether temporarily or permanently, Your Service account at any time without notice and for any reason. Further, at Our sole discretion, We may terminate or suspend, whether temporarily or permanently, Your Service account at any time without notice if We reasonably believe that You have breached these Terms, or for any other reason, with or without cause. After Your Service account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
1.15. You acknowledge that We reserve the right to terminate or delete Your account in case it remains ‘inactive’ for a duration as determined by Us in Our sole discretion. If We terminate or suspend Your account because You have breached this Agreement, You will not be entitled to any refund of unused subscription fees and for any fees towards any in-app purchases.
1.16. Following termination of these Terms, We will only retain and use Your content in accordance with these Terms.
1.17. The Service is available for Your personal usage. You are solely responsible and liable for any and all actions/activities that take place while using the App.
1.18. You are hereby strictly prohibited from and against: (i) transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other Service users or publishing the same on the Service or anywhere else; and
1.19. It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agree to indemnify Us for the same.
1.20. You agree to take all necessary precautions in all interactions with other Service users when You communicate with them whether through the Service or off the Service or meet in person, or if You decide to send any money.
You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of Your Service log-in (username and password) details as well as for any and all activities that occur under Your log-in. You agree to immediately notify Us of any disclosure or unauthorised use of Your log-in or any other breach of security at firstname.lastname@example.org
1.21. You confirm and agree that We are the owner of the proprietary information made available to You through the App and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
1.22. You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the Service without first obtaining Our prior written consent.
1.23. Other Service users may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.
1.24. By posting information or content to any profile pages or public area of the Service, or making it accessible to Us by linking Your account to any social network accounts (e.g. via Facebook, LinkedIn, Twitter, Instagram), You grant Us unconditionally and in perpetuity, and represent and warrant that You have the right to grant to Us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licenses of the foregoing anywhere in the world. From time to time, We may modify, add or vary existing features or programs of the Service or create, add, test or implement new features or programs on the Service in which You may voluntarily choose to participate or may be a part of a test group (e.g. Alpha/Beta group) with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, You grant Us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms.
1.26. It is hereby expressly agreed and understood by You that for exchanging personal contact information of Yours with any other Service user, You shall have the choice to opt into the exchange. Upon choosing to opt in, You shall be solely responsible and liable for any and all risks and consequences thereof and You hereby agree to indemnify Us for the same.
1.27. Notwithstanding any other provisions of these Terms, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, child protection agencies, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending Ours, any Service user’s or any third party’s rights or property; (iv) for supporting any fraud/ legal investigation/ verification checks; or (v) as the information involves a party who may be a victim of any abuse in any form. You acknowledge and understand the provisions of this Clause 8.3 and grant Us an unconditional, perpetual right and permission to make such disclosure.
1.28. By using the Service, You hereby permit Us to use the information You provide Us, including Your experiences to facilitate Us to improve the Service and its functionality as well as for promotional purposes, including the permission to publish Your non-personal information in any of Our partner websites.
1.29. You are solely responsible for any and all content or information that You post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter collectively referred to as “publish”) on the Service or transmit to other Service users, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly published or privately transmitted (hereinafter collectively referred to as “Content”).
1.30. We do not verify or validate the completeness, accuracy or truth of any Content You publish on or through the Service. We are not the publisher of the Content and only provide You with a technology platform to facilitate You to publish such Content. Further, We are merely acting as an “intermediary” as per the Information Technology Act, 2000 and rules (Information Technology (Intermediaries Guidelines) Rules, 2011) made thereunder and as may be amended from time to time. We assume no responsibility or liability of any sort whatsoever for providing a technology platform to Our Service users to facilitate them to publish their Content. To protect the integrity of the Service, We reserve the right to exercise editorial control over Your Content, including the right to block any user from accessing the Service, whether temporarily or permanently.
1.31. You shall not publish to Us or to any other Service user (either on or off the Service), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates Ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
1.32. You represent and warrant that (i) all information and Content that You submit upon creation of Your Service account, including information submitted from any permissible linked third party account, is accurate, complete and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false and (ii) You have the right to publish the Content on the Service and grant the licenses as agreed in these Terms.
1.33. You understand and agree that We may monitor or review any Content You publish on the Service. We may delete any Content, in whole or in part, that in Our sole judgment violates these Terms or may harm the reputation of the Service or Ours.
1.34. By publishing Content on the Service, You automatically grant Us and to Our affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorise sub-licenses of the foregoing in any media now known or hereafter created. You represent and warrant that any publishing and use of Your Content by Us will not infringe or violate the rights of any third party.
1.35. You shall not publish, upload, modify, display, publish, transmit, update, share or otherwise make available Content that: promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual advocates harassment or intimidation of another person relates to or promotes or encourages money laundering, sex trafficking or gambling; requests money from, or is intended to otherwise defraud, other users of the Service; involves the transmission of “junk mail”, “chain letters,” or “spamming” or similar activities; is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate; belongs to another person and to which You are already aware that the same does not belong to You or that You do not have any right to the same; directly or indirectly deals with child pornography; is an illegal or unauthorised copy of another person’s copyrighted work;contains video, audio, photographs or images of a person without his or her permission (or in the case of a minor, the minor’s legal guardian); contains unauthorised, restricted or password only access pages or hidden pages or images; provides material or any content that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone for any purpose not expressly permitted hereunder; provides information about illegal activities prohibited by applicable laws; contains or disseminates viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices; impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; provides information or data You do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); disrupts the normal flow of communication between Service users or otherwise negatively affects a users’ ability to engage in real time communication through the Service; solicits passwords or personal identifiable information for commercial, unauthorised or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; contains any advertising or commercial messages not expressly permitted under these Terms; infringes upon or violates any third party’s right to privacy, including any intellectual property rights; hinders the Service functionality in any way or interferes or affects other Service users’ use and enjoyment of the Service; or violates any applicable law for the time being in force; We reserve the right, in Our sole discretion, to investigate and take any legal action against anyone who violates this Clause 10.7, including deleting or removing the offending Content from the Service and/or terminating or suspending the Service account of such violating users. Whilst We reserve Our right to delete or remove such Content, We do not guarantee that such offensive Content will be removed or deleted. Failure by Us to remove or delete such Content does not waive Our right to remove or delete the same in subsequent or similar cases.
1.37. We assume no responsibility or liability for any deletion of or failure to store any of Your Content.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Any access or usage by You of the Service shall imply that You have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that We may introduce.
1.38. To the maximum extent permitted by applicable law, We have provided the Service on an “AS IS” and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the Service or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Service will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the Service will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Service at all times and the results of the use of the Service.
1.39. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Us.
1.40. From time to time, We may offer new features or tools which Our Service users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
1.41. We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of the Service.
1.42. To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the Service, result of using the Service including, without limitation, damages for recommendation of the Service, outcome of verification checks, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages.
1.43. To the maximum extent permitted by applicable law, in no event will We be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation of the Service, the conduct of any Service user or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from communications or meetings with other users of the Service or as a result of using the Service.
You agree to indemnify, defend and hold Us harmless, as well as Our affiliates, subsidiaries and parent/holding companies, and each of their respective officers, directors, employees, agents, consultants, partner websites and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including but not limited to (i) any violation by You of these Terms, or (ii) any action arising from the Content that You publish on the Service or using the Service that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at Our own cost, to assume the exclusive defenses and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defenses in such case.
1.44. We may check new account profiles strictly for verifying accuracy of profile information and any unsuitable, objectionable or inappropriate content. However, We may not be able to verify the identity of all users or the accuracy of their content, nor can We guarantee that We will be able to identify all unsuitable, objectionable or inappropriate content. Please do not take any user content as fully accurate and/or complete. We will not be liable or responsible for any false and misleading content and information given by any user. If You have any concerns over any user content, please write to us on email@example.com with the details thereof.
1.45. You hereby acknowledge and agree that You shall ensure that at all times Your interaction with other users of the Service will always be lawful and appropriate and that You alone shall be responsible for all consequences thereof.
1.46. We caution You that there may be risks of dealing with any user acting under a false pretense or with a criminal intent. We have no control as to what happens between users inter se once they decide to meet in person. Should You encounter any such meeting whereby the behaviour of the other user may be deemed inappropriate or harmful in any way to other users of the Service, You are requested to contact Us with full details of such offending user and We may, if deemed appropriate and at Our sole discretion, suspend or delete the offending user’s profile.
1.47. Entire Agreement: These Terms constitutes the entire agreement between You and Us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and Us.
1.48. Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the Service once the revisions have been posted onto the same. You should therefore check the Service from time to time to review the current Terms as applicable to You.
1.49. Survival: Termination or suspension of Your Service Account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
1.50. Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. The Parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
1.51. No Assignment: These Terms are personal to You. You cannot assign Your rights or obligations, whether partly or fully, to anyone.
1.52. Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
1.53. Waiver: No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Name: Anand Virani
Please contact us by email on firstname.lastname@example.org for any questions or comments regarding the terms of service.