Terms & Conditions

Terms & Conditions

Terms of Use Agreement Between You and INDream Technologies Private Limited
[Revised on 25 Sep 2023]
 

1. Welcome to qoohoo

About “qoohoo”

qoohoo is owned, registered and operated by INDream Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 2013 with its registered office at E-13/29, First Floor, Harsha Bhawan, Connaught Place, New Delhi-110001 Delhi, India (hereinafter referred to as “qoohoo” or “ us” or “we” or “our” or “Company”).

1.1 Introduction

This document sets out the terms and conditions of using our services, through either of our platforms. These terms and conditions (“Terms of Use”), are between qoohoo and you, (hereinafter referred to as “you” or “your” or “User(s)”). By accessing either of our platforms (“Platforms”), our website www.qoohoo.in (“Website”) and/or our app ‘qoohoo’ (“App”), you agree to be bound by the provisions of these Terms of Use.
qoohoo provides its services (described below) to you through its Platforms and related services. These Terms of Use govern you, and your conduct, regardless of the means of access to the Platforms. You represent and warrant you possess the capacity and legal right to enter into this agreement and to use the Platforms for the services, in accordance with the terms and conditions contained herein.
For the purpose of these Terms of Use, wherever the context so requires "you" or "User"  shall mean any individual who is desirous of availing Services on the Platform as an Attendee and/or a Creator and who are registered on the Platform for this purpose or any visitor of the Platform as the case may be.

1.2 Modifications to Terms of Use

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the services' user interface, in an email notification or through other reasonable means. Any changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

1.3 Privacy

At qoohoo, we respect the privacy of our users. For details, please see our Privacy Policy (accessible at this link). By using the Service, you consent to our collection and use of personal data as outlined therein.
qoohoo does not sell the personal data or information of its Users (which includes creators on its Platforms), nor does it disclose or share any personal data or information with any third-party, except as per the Privacy Policy, and where it is required by law to do so.
qoohoo only collects data or information from its Users that are directly related to its purpose, or incidental to such purposes, as set out in its Privacy Policy, including, but not limited to, collecting data for registering User on its Platform, completing verification of profiles, in complying with AML or KYC requirements, etc.

2. Access and Use of the Service

2.1 Service(s) provided to Users

a. qoohoo through its platforms provides Services for website building, membership payments, user management. We also serve as a freemium messaging tool, where the User can avail of one-to-one and group chat features.
b. You can search for different Users on the Platform and who run different groups (“Groups/Channels”) hosted by certain individuals/entities for providing certain services (“Creator”) and join these Groups as attendees (“Attendee”). These Groups/Channels and the content provided therein could be either paid or for free.
c. The User hereby acknowledges that the Company will be responsible to help the Users join a particular group on the Platform, however the Company will not be responsible for the kind/type/quality/standard/frequency of the services provided by the Creator.
d. Our Services allow messaging and sharing of information in many ways, including but not limited to your profile, articles, group posts, messages. Information and content that you share or post may be seen by other individuals (other Users). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to qoohoo, restricting your profile visibility from search engines, or opting not to notify others of your profile update). We are not obligated to publish any information or content on our Service and can remove it with or without notice.

2.2 Eligibility

Membership Eligibility
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or a legal guardian.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. qoohoo reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to qoohoo's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

2.3 Use of the App / Website / Service

User will be allowed to avail or use the services only when the User completes the KYC and Information Verification process (if any) and provides the complete personal information in accordance with the Know Your Client (“KYC”) guidelines issued by any  regulatory / government agencies or authorities from time to time. At no point does qoohoo initiate/ modify/ direct creation or sharing of User Content (defined below). As such, Users are solely responsible to comply with the applicable laws, Standard Operating Procedures, disclosure requirements, and any other ancillary requirements before, at the time, and/ or during the continuation of availing the Services.
Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one time password verification.
You agree that qoohoo shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under your account, or otherwise, they will be able to view and access your account information. You shall be solely liable and responsible for all the activities undertaken under your account, and any consequences therefrom.

2.4 Compliance Requirements for Financial Influencers/creators on the Platform

Any financial influencer/creator on our Platform who engages in the sale of content related to the securities market, including tips or suggestions, must have their registered license certificate. However, financial influencers who provide educational content to their communities are not subject to any special requirements. It is understood by these financial influencers that qoohoo does not bear the responsibility of verifying compliance with the aforementioned requirements. We reserve the right to terminate your membership and/or deny access to the Platform if it comes to the Company's attention that such services are being provided without adhering to the laws and regulations of the country.

2.5 Member Account, Password and Security

Usage of any features of qoohoo by representing yourself with someone else's username and password is violation of these Terms of Use. Proxy usage can have you barred from any further use of the Platforms. You are fully responsible for all activities that occur under your password or account. You agree to immediately notify qoohoo of any unauthorized use of your password or account or any other breach of security. qoohoo will not be liable for any loss or damage arising from your failure to comply with this requirement.

2.6 Modifications to Service

qoohoo reserves the right to modify or discontinue, temporarily or permanently, any of the service (or any part thereof) on its Platforms, with or without notice. You agree that qoohoo will not be liable to you or to any third party for any modification, suspension or discontinuance of any of the Services. We have no obligation to retain any of your Account or User content for any period of time beyond what may be required by applicable law.

2.7 General Practices Regarding Use and Storage

You acknowledge that qoohoo may establish general practices and limits concerning use of the Platforms, including without limitation the maximum period of time that data or other content will be retained by the Platforms and the maximum storage space that will be allotted on qoohoo' servers on your behalf. You agree that qoohoo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded on the Platform. You acknowledge that qoohoo reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that qoohoo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.8 Mobile Services

Certain services that are available via a mobile device, including (i) the ability to upload content to the Platform , (ii) the ability to browse the Platform and the Site from a mobile device and (iii) the ability to access certain features through the App downloaded and installed on a mobile device collectively, the "Mobile Services"). To the extent, you access the Platforms through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding qoohoo and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your qoohoo account information to ensure that your messages are not sent to the person that acquires your old number.

3. Conditions of Use

3.1 Platform for Transaction and Communication

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. qoohoo is not and cannot be a party to or control in any manner any transaction between the Platform's Users.
Henceforward:
  • All commercial/contractual terms are offered by and agreed to between Creators and Attendee alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to services. qoohoo does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Creators and Attendee. All discounts, offers (including exchange offers) are by the Creator/Attendee and not by qoohoo.
  • qoohoo does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the services proposed to be offered on Platform. qoohoo does not implicitly or explicitly support or endorse the sale or purchase of any services on the Platform. qoohoo accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • qoohoo is not responsible for any non-performance or breach of any contract entered into between Attendee and Creators. qoohoo cannot and does not guarantee that the concerned Attendee and/or Creators will perform any transaction concluded on the Platform. qoohoo shall not and is not required to mediate or resolve any dispute or disagreement between Attendee and Creators.
  • qoohoo makes no representations or warranties as to the channel-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
  • qoohoo does makes no representations or warranties regarding the legal compliance of the User Contents, or that industry specific standards, Standard Operating Procedures, disclosure requirements, caveats, etc. have been satisfied or set out, as the case may be.
  • qoohoo does not at any point of time during any transaction between Attendee and Creator on the Platform come into or take possession of any of the services offered by Creator nor does it at any point gain title to or have any rights or claims over the services offered by Creator to Attendee.
  • At no time shall qoohoo hold any right, title or interest over the services nor shall qoohoo have any obligations or liabilities in respect of such contract entered into between Attendee and Creators. qoohoo is not responsible for unsatisfactory or delayed performance of services.
  • The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell services. qoohoo is only providing a platform for communication and it is agreed that the contract for sale of any of the services shall be a strictly bipartite contract between the Creator and the Attendee.

3.2 User Content

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "User Content") or email or otherwise use via the Platform. If in the event we suffer any loss or damages on account of your User Content belonging to another party or such Content violating or infringing the rights of any party, you shall be liable to indemnify us for such loss and damages. qoohoo reserves the right to investigate and take appropriate legal action against anyone who, in qoohoo's sole discretion, violates this provision, including without limitation, removing the offending content from the Platform, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Further, the User undertakes that under no circumstances shall a User Content:
  • belong to another person and to which you do not have any right;
  • be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
  • harm minors in any way;
  • infringe any patent, trademark, copyright or other proprietary rights;
  • be a result of a commission or omission of an act which may amount to abuse of an applicable law, deceit, fraud, unfair practice or malpractice;
  • be unauthorized or illegal for publishing in any manner;
  • violate any law for the time being in force;
  • deceive or mislead the viewer about the origin of any information, or contains any information that is grossly offensive or menacing in nature;
  • impersonate another person;
  • contain software viruses or any other computer code, files or programmes that is designed to interrupt, destroy or limit the functionality of any computer resource;
  • threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

3.3 User Undertaking

User undertakes that he/she shall not use the Platforms for:
a. obtaining or attempting to obtain unauthorized access to the Platforms or to qoohoo's servers, systems, network, or data;
b. making available any Content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
c. violating any applicable laws or regulations;
d. impersonating any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform;
e. making available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
f. making available any User Content that you do not have the right to make available otherwise than in violation of an applicable law;
g. posting User Content containing advertisements or other commercial solicitations without our prior written permission;
h. making available viruses or any other computer code, files, programs or Content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
i. interfere with or disrupt the Platforms or servers, systems or networks connected to the Platforms in any way.

3.4 Recommended Best Practices

It is understood that qoohoo is only a facilitator between the Users (both Creator and Attendee) of its Platform. At no point does qoohoo initiate/ modify/ direct creation or sharing of User Content. We aim to not knowingly facilitate any illegal or unauthorized activity, and strongly discourage it. However, in light of our role to ensure a safe user experience, some best practices may be followed by the Creators, in addition to any legal obligation under applicable law:
  1. wherever a User Content may be deemed advice or opinion of a nature that may impact Users materially, such as financially, such User Content or a portion thereof has to be distinguished, as reasonably as possible, as personal opinion/ advice, and not educational User Content.
  1. Ensure that the User Content has necessary caveats for the Attendees to utilize their best judgment or treat the User Content only as for initial research or educational content.
  1. Disclose any sponsorships, paid partnerships or promotions, conflict of interest, etc. in a manner that is clear and easily discernible.
  1. Provide as per the request of an Attendee or any other User, detailed documentary evidence of an opinion, advice, view, or matter stated or deemed to be stated in the User Content.

3.5 Charges

qoohoo may charge a nominal fee for browsing and buying on the Platform. qoohoo reserves the right to change its Fee Policy from time to time. In particular, qoohoo may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, qoohoo reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to INDream Technologies Private Limited.

3.6 Services

Payment
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
  1. Lack of authorization for any transaction/s, or
  1. Exceeding the preset limit mutually agreed by you and between "Bank/s", or
  1. Any payment issues arising out of the transaction, or
  1. Decline of transaction for any other reason/s
Further:
  • Transactions, Transaction Price and all commercial terms are as per principal to principal bipartite contractual obligations between Attendee and Creator and payment facility is merely used by the Attendee and Creator to facilitate the completion of the Transaction. Use of the payment facility shall not render qoohoo liable or responsible for the non-delivery, non-receipt, non-payment, breach of representations and warranties, or fraud as regards the services listed on qoohoo's Platform.
  • You have specifically authorized qoohoo or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility. Your relationship with qoohoo is on a principal to principal basis and by accepting these Terms of Use you agree that qoohoo is an independent contractor for all purposes, and does not have control of or liability for the services that are listed on qoohoo's Platform that are paid for by using the Payment Facility. Qoohoo does not guarantee the identity of any User nor does it ensure that an Attendee or a Creator will complete a transaction.
  • You understand, accept and agree that the payment facility provided by qoohoo is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the Transactions on the qoohoo Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, qoohoo is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Creator:
Positive and Negative Balances in Payment Accounts
  • It is agreed by the creators on the Platform that remittance of money to creator’s registered bank account, withholding thereof, deducting money, or claiming money as negative arrear on the creator’s payment account shall be based on whether the payment account of the creator has a net positive, or negative balance.
  • A positive balance shall be when a user (generally, an attendee) pays using instant payment methods. This balance shall be withheld for a period of 48 (forty eight) hours before it is remitted to the creator’s registered bank account. It is agreed to by the creator that such time is necessary to allow users (generally, an attendee) to cancel the subscription for any reason, or claim their payment back for any reason. In such a case, the amount to be remitted back to the user will result in a negative balance in the payment account.
  • Wherever a payment has been settled and a negative balance is created on the payment account on account of reasons including, but not limited to, complaint received against the creator or the user, there being fraud or identity theft, the creator is required to immediately remit the refund amount plus any charges incurred in such remission. In cases where the creator does not initiate such refund, the negative balance on the payment account of such creator shall be set off against any positive balance or receivables.
Payment Facility for Attendee:
  • You, as a Attendee, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Creator to purchase the services from the Creator using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Creator using Payment Facility.
  • You, as a Attendee, may agree with the Creator through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
  • You, as a Attendee, shall electronically notify Payment Facility using the appropriate qoohoo Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non-notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. Attendee is not required to confirm the receipt of services.
  • You, as a Attendee, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies (Forty Eight hours), whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
  • You, as a Attendee, understand that the Payment Facility may not be available in full or in part for certain category of services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those services.
  • Refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
  • Refunds, if any, will be made via electronic payment transfers.
  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  • Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
  • Refund shall be conditional and shall be with recourse available to qoohoo in case of any misuse by Attendee.
  • We may also request you for additional documents for verification.
  • Refund shall be subject to Attendee complying with Policies.
  • qoohoo reserves the right to impose limits on the number of Transactions or Transaction Price which qoohoo may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Attendee during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  • qoohoo reserves the right to refuse to process Transactions by Attendee with a prior history of questionable charges including without limitation breach of any agreements by Attendee with qoohoo or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  • qoohoo may delay notifying the payment confirmation i.e. informing Creator to Dispatch, if qoohoo deems suspicious or for Attendee conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, qoohoo may hold Transaction Price and qoohoo may not inform Creator to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Attendee) at the request of law enforcement officials or in the event the Attendee is engaged in any form of illegal activity.
  • The Attendee and Creator acknowledge that qoohoo will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of qoohoo.
Compliance with Laws:
  • As required by applicable law, if the Attendee makes a purchase of an amount equal to or above INR 2,00,000.00, the Attendee will be required to upload a scanned copy of his/her PAN card on the Platform to the email at support@qoohoo.in, within 4 days of making the purchase, failing which, the purchase made by the Attendee will be canceled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Attendee, it need not be submitted again. The order of the Attendee shall stand canceled if there is a discrepancy between the name of the Attendee and the name on the PAN Card.
  • Attendee and Creator shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and qoohoo Platform.
Attendee's arrangement with Issuing Bank:
  • All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Attendee and the respective Issuing Bank and payment instrument issuing company.
  • All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Attendee and the respective Issuing Bank.

3.7 Recurring Subscriptions

If you select a service with an auto renewal feature ("Recurring Subscription"), you authorize qoohoo to maintain your account information and charge that account automatically upon the renewal of the service yo7u choose with no further action required by you. In the event that qoohoo is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, qoohoo, may, in its sole discretion: (i) bill you for your service and suspend your access to the service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.

3.8 Special Notice for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Platforms and services provided thereon, including as it concerns online conduct and acceptable content.

3.9 Anti-Abuse Policy

qoohoo prohibits sending unsolicited messages or endorsing illegal activities using the Platforms. You may not in connection with the Platforms engage in commercial activity on non-commercial properties or apps or high-volume activity without our prior written consent. You may not engage in conduct or activity that is disruptive to the Platforms or the experience of other Users.

3.10 Anti-corruption Policy

User agrees to comply with all applicable anti-corruption laws and agree to not use the Platforms for any corrupt practices including but not limited to collecting unlawful payments from anyone for a corrupt purpose in relation to these Terms of Use.

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks

You acknowledge and agree that the Platform may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. The ‘qoohoo’ name and logos are trademarks of INDream Technologies Private Limited. All goodwill generated from the use of qoohoo trademarks will insure to our exclusive benefit.

4.2 Third Party Material

Under no circumstances will qoohoo be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that qoohoo does not pre-screen content, but that qoohoo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platforms. Without limiting the foregoing, qoohoo and its designees will have the right to remove any content that violates these Terms of Use or is deemed by qoohoo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted Through the Service

With respect to the User Content or other materials uploaded by you on the Platforms or shared with other Users or recipients , you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
By uploading any User Content you hereby grant and will grant qoohoo, its affiliated companies and partners including but not limited to qoohoo instructors, practitioners and other third parties providing instructional information through the Services, collectively "partners") a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service ("Submissions"), provided by you to qoohoo, its affiliated companies or partners are non-confidential and qoohoo, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

4.4 Copyright/Other Personal Right Violation Complaints

qoohoo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work (or someone you know and are authorized to act for) has been copied in a way that constitutes copyright infringement, or that your intellectual property rights (or intellectual property rights of someone you know and are authorized to act for) have been otherwise violated, you should notify qoohoo (by email to contact@qoohoo.in) of your infringement claim in accordance with the procedure set forth below:
  • A statement that you have identified material on qoohoo that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
  • A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
  • The country or countries to which your copyright applies;
  • A description of the way in which the copyright material has been infringed;
  • A description of where the material that you claim is infringing is located on our services (including a screenshot and link to the same);
  • Your address, telephone number, and email address so that we may get in contact with you;
  • A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
  • A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that any User Content on qoohoo is violative of your (or that of someone you know and are authorized to act for privacy or other personal rights or is defamatory please follow the following instructions.
  • A statement that you have identified material on qoohoo that infringes your privacy (or infringes the privacy of a third party on whose behalf you are entitled to act) or personal rights or is defamatory;
  • A description of the way in which your personal rights have been infringed or how the material is defamatory;
  • A description of where the material that you claim is infringing or defamatory is located on our services including a screenshot);
  • Your address, telephone number, and email address so that we may get in contact with you;
  • A statement by you, made under penalty of perjury, that the notice is accurate,
A complaint can be submitted by contacting us at contact@qoohoo.in. Please be sure to include responses to items envisaged above as requirements in a notification. If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to us or sending us a counter-notice. Our response to your notice is regulated by applicable law. There may be negative consequences if you falsely allege copyright infringement or report material to us in bad faith. In addition, we may, in appropriate circumstances and at our discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be repeat infringers. We will try and conduct investigation over the matter in an expeditious manner and take down any such post if your complaint seems accurate post our investigation.

4.5 Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information  by email to contact@qoohoo:
  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  • and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of Karnataka and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, qoohoo will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

4.6 Repeat Infringer Policy

qoohoo has adopted a policy of terminating, in appropriate circumstances and at qoohoo’s  sole discretion, users who are deemed to be repeat infringers. qoohoo may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Third Party Websites

The Platforms may provide, or third parties may provide, links or other access to other sites and resources on the internet. qoohoo has no control over such sites and resources and qoohoo is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that qoohoo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Platforms are between you and the third party, and you agree that qoohoo is not liable for any loss or claim that you may have against any such third party.

6. qoohoo as a Facilitator

qoohoo is a facilitator between the Users (both Creator and Attendee) of its Platform. In addition to whatever else is contained in these Terms of Use, you understand and acknowledge that the Platforms are only a technological medium to enable our Uusers to connect with each other. As such, it is important to note that transactions, transaction Price and all commercial terms are as per principal to principal bipartite contractual obligations between Attendee and Creator and do not include qoohoo as a party thereto. At no point does qoohoo initiate/ modify/ direct creation or sharing of User Content.

7. Social Networking Services

You may enable or log in to the Platforms via various online third party services, such as social media and social networking services like Facebook, Instagram etc ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Platforms, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and qoohoo' use, storage and disclosure of information related to you and your use of such services within qoohoo (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and qoohoo shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Platforms. In addition, qoohoo is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, qoohoo is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. qoohoo enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

8. Indemnity and Release

You agree to release, indemnify and hold qoohoo and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury including death) arising out of or relating to your use of the Platforms, any User Content, your connection to the Platforms, your violation of these Terms of Use or your violation of any rights of another.

9. Disclaimer of Warranties

YOUR USE OF THE PLATFORMS IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, QOOHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
QOOHOO MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (IN) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORMS WILL MEET YOUR EXPECTATIONS.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT QOOHOO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QOOHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE PLATFORM; (IN) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE PLATFORMS. IN NO EVENT WILL QOOHOO TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID QOOHOO IN THE LAST SIX 6 SUBSCRIPTIONS .
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES PROVIDED ON THE PLATFORMS OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

11. Binding Arbitration; Class Action Waiver

All disputes, claims, or controversies arising out of or relating to the Terms of Use or the Platforms that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before a lawyer. Unless otherwise agreed by the parties, arbitration will be held in Delhi before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, and will be conducted in accordance with the rules and regulations promulgated unless specifically modified in the Terms of Use. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses including the reasonable legal fees and expenses of the prevailing party against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if qoohoo changes this 'Arbitration' section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the date above or in the date of qoohoo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and qoohoo in accordance with the provisions of this section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND QOOHOO REGARDING ANY ASPECT OF THE SERVICE ON THE PLATFORMS (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

12. Termination

You agree that qoohoo, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platforms and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if qoohoo believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platforms, may be referred to appropriate law enforcement authorities. qoohoo may also in its sole discretion and at any time discontinue providing the  services on the Platforms, or any part thereof, with or without notice. You agree that any termination of your access to the Platforms under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that qoohoo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platforms altogether. Further, you agree that qoohoo will not be liable to you or any third party for any termination of your access to the Platforms.
 
If under any circumstances, a Creator wishes to terminate their association with qoohoo, or qoohoo, under any circumstances, needs to blacklist/ ban the Creator from the Platform, for eg. breach of Company Policies by the Creator, which includes Terms of Use, and Privacy Policy: -qoohoo will only release any payout to the Creator once it has verified that the Creator has fulfilled their service commitments to Attendee for the duration initially promised, or for a period of at least 3 months, whichever is longer; and -The Creator is obligated to indemnify qoohoo in accordance with the provisions of clause 8 in the 'Indemnity and Release' section of the Terms of Use. Without waiving any other rights available to qoohoo under the law, the Creator shall be held liable to compensate, indemnify, defend, and hold harmless qoohoo, its affiliates, its directors, and its employees from losses, liabilities, damages, claims related to cybercell issues, fraud cases raised by banks, causes of action, interest, penalties, and any other costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses).

13. Disputes between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Platforms and qoohoo will have no liability or responsibility with respect thereto. qoohoo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform. Charges for contesting disputes and preparing defences: The User agrees and acknowledges that the Company is only a facilitator and does not direct or determine the content that is posted, published, disseminated, or shared on the Platforms. The User also understands that the Company is subject to other agreements and arrangements, and legal and statutory obligations, to defend, contest, or represent the User whenever a complaint has been received against such User, and pay necessary fee under such agreements and arrangements, or statutory or other necessary fee for contesting the disputes arising out of the complaints. As such, whenever a complaint is raised against a content, or the creator of such content, its channel or otherwise where the complaint has been made substantially on account of actions or omissions attributable to the creator, the Company shall have the authority to:
  1. Hold back any payment accrued, and create a charge over payments that will accrue in future where such accrued payment is not sufficient, equal to the amount claimed within the complaint, together with any interest, statutory or contractual fees, and any other amount payable under or owing to the complaint; and
  1. the Company shall also be authorised to deduct or request payment from the creator against whom the complaint has been made:
    1. INR 1,000 (Indian Rupees One Thousand) for contesting the complaint in the first stage, and
    2. INR 2,000 (Indian Rupees Two Thousand) if the complaint has not been resolved in the first stage and the Company contests the complaint thereafter, and
    3. INR 4,000 (Indian Rupees Four Thousand) if the complaint has not been resolved with the replies submitted in contesting the previous two stages of disputes.
    4. INR 4,000 (Indian Rupees Four Thousand) if proceedings have been initiated on a complaint made to the regulatory or government authorities and the complaint has not been subsequently resolved.

14. General

These Terms of Use constitute the entire agreement between you and qoohoo and govern your use of the Platform, superseding any prior agreements between you and qoohoo with respect to the use of the Platform. These Terms of Use will be governed by the laws of the State of Delhi without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Point 10 above, you and qoohoo agree to submit to the personal and exclusive jurisdiction of the state and High courts located within Delhi, India.
The failure of qoohoo to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
Without prejudice to any other provision herein, qoohoo shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond qoohoo's control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of the qoohoo’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
You 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 Platformor these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Consumer Grievance

Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Vimal Kumar Singh
Email ID: support@qoohoo.in
The grievance officer will acknowledge the receipt of any complaint within 24 hours and redress the complaint within 15 days from receipt of the complaint.

16. Contact

If you have any questions regarding the Services or usage of the Platform, please contact qoohoo at support@qoohoo.in. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.