Terms & Conditions

Terms of Use Agreement Between You and INDream Technologies Private Limited
[Revised on 18 September 2021]

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 2, First Floor, Chawla Park, New Delhi-110051 Delhi, India (hereinafter referred to as “qoohoo” or “ us” or “we” or “our” or “Company”).

1.1 Introduction

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.
qoohoo provides its services (described below) to you through its mobile application and related services (as amended from time to time, the "Terms of Use"). These Terms of Use govern you, and your conduct, regardless of the means of access. You represent and warrant you possess the capacity and legal right to enter into this Agreement and to use the “qoohoo Platform” for the services, in accordance with the terms and conditions herein.
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.

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 Service 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 [insert link]). By using the Service, you consent to our collection and use of personal data as outlined therein.

2. Access and Use of the Service

2.1 Use Description

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.

2.2 Your Registration Obligations

You may be required to register with qoohoo in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy.

2.3. 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. 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.

2.4 Modifications to Service

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.

2.5 General Practices Regarding Use and Storage

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.

2.6 Mobile Services

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.

3. Conditions of Use

3.1 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 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.

3.2 User Undertaking

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.

3.3 Fees

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.
To the extent, the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide qoohoo information regarding your credit card or other payment instrument. You represent and warrant to qoohoo that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay qoohoo the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize qoohoo to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let qoohoo know within sixty (60) days after the date that qoohoo charges you. We reserve the right to change qoohoo' prices. qoohoo will notify such changes through ordinary recourse such as via email or other electronic media. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than Indian taxes based on qoohoo' net income.
Moreover, the creators’ payout of the services given will be credited in their bank account in the first week of the month.

3.4 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 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.

3.5 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 Service, including as it concerns online conduct and acceptable content.

3.6 Commercial Use

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.

3.7 Anti-Abuse Policy

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.

3.8 Anti-corruption Policy

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.

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks

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.

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 Service. 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 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.

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 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 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.

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 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.

6. Social Networking Services

You may enable or log in to the Service 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 Service, 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 Service. 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.

7. 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 Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another.

8. Disclaimer of Warranties

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.

9. 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 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 .
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 SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

10. Binding Arbitration; Class Action Waiver

All disputes, claims, or controversies arising out of or relating to the Terms of Use or the Service 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 of Last Revision" 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 (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.

11. Termination

You agree that qoohoo, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, 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 Service, may be referred to appropriate law enforcement authorities. qoohoo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service 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 Service. Further, you agree that qoohoo will not be liable to you or any third party for any termination of your access to the Service.

12. Disputes between Users

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.

13. General

These Terms of Use constitute the entire agreement between you and qoohoo and govern your use of the Service, superseding any prior agreements between you and qoohoo with respect to the Service. 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 Service or 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.

14. Refund Policy

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.

15. Consumer Grievance

Grievance Officer Details
Name: Vimal Kumar Singh
Contact: contact@qoohoo.in