[Revised on 18 September 2021]
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 2, First Floor, Chawla Park, New Delhi-110051 Delhi, India (hereinafter referred to as “qoohoo” or “ us” or “we” or “our” or “Company”).
Welcome to qoohoo's terms and conditions. These terms and conditions (“Terms and Conditions”), are between qoohoo and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.qoohoo.in (“Website”) and/or our app ‘qoohoo’ (“App”), Website and App together shall be referred to as “qoohoo Platform”, you agree to be bound by the provisions of these Terms and Conditions.
The “App” Standard Terms and Conditions written on this page shall manage your use of this app. These Terms will be applied fully and affect your use of this app. By using this “qoohoo Platform”, you agreed to accept all terms and conditions written here. In the event where the Terms are not agreeable to you, we request you to desist from accessing, downloading, using the Services in any manner, whatsoever.
Any content viewed through our service, is solely for your personal and non commercial use. With your qoohoo subscription, we grant you a limited, non-exclusive, non-transferable, license to access the qoohoo content and view your subscription through the service on a live-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
Usage of any features of qoohoo by representing yourself with someone else's username and password is violation of these Terms. Proxy usage can have you barred from any further use of the website/app. 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 Section.
qoohoo reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) 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 the Service. 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.
You acknowledge that qoohoo may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service 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 by the Service. 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.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device collectively, the "Mobile Services"). To the extent, you access the Service 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.
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 Service. 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 Service, 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;
- 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.
The User undertakes that the User is above 13 years of age and of sound mind, and understands the risks associated with this course, proprietary, physical and/or mental. If the User is below 18 years of age, parental supervision is strongly recommended. Accordingly, due diligence and reasonable care shall be exercised by the User and/or Supervisor while carrying out any exercises/activities as a part of or in consequence of this Service. qoohoo shall not be liable for any injury, personal or proprietary, including but not limited to, damage to property, physical injury, death, loss of limb, arising out of or in relation to the use of Services by you.
Additionally, User undertakes that he/she shall not use the Services for:
a. obtaining or attempting to obtain unauthorized access to the Services 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 Service;
e. making available any User Content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
f. posting User Content containing advertisements or other commercial solicitations without our prior written permission;
g. 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
h. interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
At qoohoo, services are based on a subscription model. User, in order to get the subscription, needs to pay the required fees of the particular channel of the creator eg. Yoga, Mandala Art etc. There will be a duration of every subscription (eg. one month). After completion of the duration of the subscription, the user needs to renew the subscription if she/he wants to continue it. And the creator must ensure to provide services for the required duration of their channel. In any case, if they fail to do so, qoohoo reserves the right to refund the user’s subscription fees and take appropriate actions against the creator, including without limitation, removing the content from the channel, suspending or terminating the account of such creator and may be barred for the future use of the app.
Moreover, the creators’ payout of the services given will be credited in their bank account in the first week of the month.
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 you 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.
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or by qoohoo in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
qoohoo prohibits sending unsolicited messages or endorsing illegal activities using the Service. You may not in connection with the Service 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 Service or the experience of other users.
User agrees to comply with all applicable anti-corruption laws and agree to not use the Service for any corrupt practices including but not limited to collecting unlawful payments from anyone for a corrupt purpose in relation to these Terms.
You acknowledge and agree that the Service may contain content or features ("Service Content") 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.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), 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.
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 firstname.lastname@example.org) 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 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 email@example.com. 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.
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 to the Copyright Agent:
- 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 by the Copyright Agent, 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.
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.
The Service 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 Service 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.
YOUR USE OF THE SERVICE 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 SERVICE WILL MEET YOUR EXPECTATIONS.
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 SERVICE; (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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. 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 .
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 (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.
You agree that you are solely responsible for your interactions with any other user in connection with the Service 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 Service.
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.
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
Grievance Officer Details –
Name: Vimal Kumar Singh