Terms of serviceLast update : January 1, 2021
TukTak Adda (hereinafter referred to as "Application" or “App” ) is owned and operated by HostAye Technologies Private Limited (the “Company” ), a company incorporated under the Companies Act, 2013.
The Company is in the business of, inter alia, providing a micro blogging platform via mobile application and website, whereby users can post their thoughts, opinions and updates with other users on the platform.
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THIS TOS, PLEASE DO NOT USE THE APPLICATION OR SERVICES.
"App" or “Application” shall mean and include the software and mobile Application accessed through or downloaded from the App store i.e. Android or IOS, and accessible from any platforms where the Application functions such as mobile phones, tablets and any such other devices. For the purpose of this ToS, the Application shall mean TukTak Adda, and any improvement or modifications to the same as released by the Company later.
"Company," "we," "us," or "our" means HostAye Technologies Private Limited and any other companies that are subsidiaries and affiliates. "Content" means and includes, without limitation, any information, data, text, audio, video, gifs, polls, User profiles, software, tags, graphics, and interactive features generated, provided, or otherwise made accessible either by you or by us or our partners or Sponsors on or through the Service.
"Service(s)" means services provided through the App, as described in further detail under clause 3 below. The Services provided through the Application may change from time to time, at the sole discretion of the Company.
“You” or “User” or “Consumer” shall mean any registered user of the Application, or his/her representatives or affiliates who are registered on the Application.
2. Updation of Terms
Your use of the Applications is subject to these ToS, which may be updated, amended, modified or revised by us from time to time without notice to You. It is important for You to refer to these ToS from time to time to make sure that You are aware of any additions, revisions, amendments or modifications that we may have made to these ToS.
3. Service(s) provided to Users
The Application provides You with the ability to (all together the “Services”):
I. Create and maintain your own profile on the Application after registration (described in clause 4 below);
II. Choose and implement privacy settings on your account. This gives you the ability to determine which other Users can view your profile and/or any other Content uploaded by you on the Application. This includes the ability to specifically block certain other Users of the Application from accessing your account;
III. Post your thoughts, opinions and updates on the application
IV. Follow other users on the application
V. React (Like, Comment, Re Post, Share) to other users’ Posts
VI. You may remove any of your uploaded photos, comments
VII. You may report posts, Block other users
VIII. You may use hashtags to highlight the topic on which you are posting TukTak
IX. The Company may also, at any time and its own discretion, remove any posts that are found to be in breach of any of the terms and conditions contained in this ToS or any other policies/documents prepared in this regard by the Company;
X. Users can hold one-to-one chats with other Users on the Application, provided they have not been blocked/restricted by such Users. Chats are not visible to anyone else on the Application or to the Company; The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToS, or change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the Service or by sending You an email. Your continued use of the Service following the posting of any changes to the ToS constitutes acceptance of those changes. Any information You provide to us for the purposes of registering and setting up your account shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account and for maintaining the security of the Application and any information You input to the Application. Further, we are not responsible for the accuracy or legitimacy of any data, information or Content uploaded or posted by you on the Application during your usage of the Services. Similarly, we are not responsible for any information and/or Content uploaded, displayed, created or posted on the Application by other Users. Any reliance by you on any information or Content provided by any other User will be your responsibility. You understand and agree that the Company will not be liable for any damages, losses, harm or costs incurred by you as a result of your reliance on any information provided by any other User. You shall not use or access another User’s account without such other User’s explicit permission. You will immediately notify us in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware. You can access the Application through your account maintained in the Application. The details regarding registration and creation of an account are captured in clause 4 below. The account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, we will not be liable for any interruption that may be caused to Your access of the Services.
4. Registration and Account Integrity
When you download the Application, you will first be asked to choose the language you would like to use the Application in (this preference can be changed in the settings page of the Application at any time). On accepting the ToS and PP after this, you will automatically be redirected to the account creation and registration process. As part of the registration process/for creating your account, you will need to provide us with your phone number or email address, (which will be verified via a one-time password). It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You can then create an account username/handle and password for yourself. You cannot create an account username and/or password using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of the above conditions. On the creation of your account, you can modify your handle/username at any time. You may also add a description of yourself to your account. If for any reason you suspect that your username and password has been disclosed to or obtained by another party, you should contact us immediately. Please note that we never contact Users requesting them to confirm their username, password or any other details, except when the User is signing into the Application.
5. Fees and Payment
There is no fee and/or payment required to be made by you prior to, during, or after your usage of the Application. The usage of the Application is completely free of cost, and any request for fees or payment by any person/entity purporting to be a representative of the Company should be ignored by you, unless the same is reflected in an updated version of these ToS.
6. Use of Your Information and Content
We reserve the right to maintain, delete or destroy all information, Content and materials posted or uploaded through the Service(s) pursuant to our internal record retention and/or destruction policies, upon reasonable notice provided to the you. We (may/may not) make use of third party cloud services provider or our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
You hereby agree and acknowledge that the Company reserves the right to disable, destroy or delete any Content uploaded by You on the Application, if such Content is found to be duplicated and/or replicated on any other media apart from the Application. You further agree and acknowledge that the Company also reserves the right to remove or refuse to publish Your Content, in whole or part, at any time, at the Company's sole discretion, with or without notice to You
7. Third Party Services
The Company may provide Users with links to, or contact information for, third party sites or services. The Company is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Service. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties whom the User may connect with through a mechanism facilitated by Company. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
8. Rules and Conduct
Additionally, You shall not host, display, upload, modify, publish, transmit, update or share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is 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 (iv) grossly harmful (v) pornographic (vi) paedophilic .
9. Alerts Provided by The Company
The Application provides you with multiple automatic alerts, if (a) another User likes a content posted by you; or (b) another User follows you; or (c) any other similar relevant. You can opt-in or opt-out of such alerts in the settings section of the app.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
10. Content Ownership and Copyright Conditions of Access
The Content listed on the Application are either (i) User generated, or (ii) belong to Company. The nature of ownership and use of the information and Content uploaded and/or provided by you has been clarified in clause 6 above. Your copying of the copyrighted content published by Company on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.
We authorize the User to view and access the content available on or from the Application solely for receiving, interacting, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, "Our Content"), are our property and are protected under copyright, trademark and other laws. User shall not modify Our Content or reproduce, display, publicly perform, distribute, or otherwise use Our Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
11. Reviews and Feedback
You are solely responsible for the Content that You choose to submit for publication on the Application, including any feedback, ratings, or reviews (“Critical Content”) relating to the Application or other Users. Our role in publishing the Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. We disclaim all responsibility with respect to the content of Critical Content, and our role with respect to such content is restricted to our obligations as an ‘intermediary’ under the said Act. We shall not be liable to pay any consideration to any User for re-publishing any content across any of our platforms.
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
I. Obtaining feedback in relation to Application or our Services; and/or
II. Obtaining feedback in relation to any other Users listed on the Application; and/or
III. Resolving any complaints, information, or queries by other Users regarding Your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Company.
12. Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update Your profile information. We reserve the right to moderate the changes or updates requested by You, and we shall take the independent decision whether to publish or reject the requests submitted for the respective changes or updates in Your profile. You hereby represent and warrant that You are fully entitled under law to upload all Content uploaded by You as part of Your profile or otherwise while using our Services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of Your profile information at our sole discretion with or without notice to You.
13. Rights and Obligation relating to the Content
Users shall be prohibited from:
I. violating or attempting to violate the integrity or security of the Application or any content thereof;
II. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of our Services;
III. intentionally submitting on the Application any incomplete, false or inaccurate information;
IV. making any unsolicited communications to other Users;
V. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
VI. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
VII. copying or duplicating in any manner any of our Content or other information available from the Application;
VIII. framing or hot linking or deep linking any Content.
IX. circumventing or disabling any digital rights management, usage rules, or other security features of the Application.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
The Company offers email-based and online support tools. You may access support resources or contact our support by emailing at [[email protected]]. In some, regions or associated with certain partners, we may direct You to obtain support from 3rd party service providers. The Company does not make any promises regarding how quickly we will respond to Your request for support, or that we will be able to fix any problems You may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Company reserves the right to suspend or terminate Your access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where, I. You are in breach of any terms and conditions of the Agreement,
II. The Company is unable to verify or authenticate any information provided to Company by You,
III. The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User, or
IV. The Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Company, or are contrary to the interests of the Application.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Application by such User. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 10,000/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
19. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Application or Services, the Terms or any transactions entered into on or through the Application or Services shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.
The ToS are the entire agreement between You and Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to the Service. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
21. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of this Agreement shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to [email protected]
If You have any questions regarding the Service, please contact Company at [[email protected]] or reach out to our service care number.
Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to Your email address, contact number or registered mobile number, etc.) for the purpose of validation and taking Your service request.