[Revised on 20 December 2022]
1. Welcome to 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”).
2. Access and Use of the Service
2.1 Service(s) provided to Users
a. qoohoo through its platforms provide Services for website building, membership payments, user management. We also serve as a freemium messaging tool, where the User can avail one-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.
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.
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 Website 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 Member Account, Password and Security
2.5 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 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.
2.6 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.
2.7 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.
- 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 does not make any representation or warranty 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 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;
- 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 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 Platforms or servers, systems or networks connected to the Platforms in any way.
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.
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:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- 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 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 email@example.com, 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.
3.6 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.
3.7 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.
3.8 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.
3.9 Anti-corruption Policy
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
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 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 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 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 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
7. Social Networking Services
8. Indemnity and Release
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 .
11. Binding Arbitration; Class Action Waiver
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.
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.
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.
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: firstname.lastname@example.org
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.
If you have any questions regarding the Services or usage of the Platform, please contact qoohoo at email@example.com. 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.