TERMS OF USE
Welcome to Hook.online (the “Site”), a portal owned and operated by Editorji Technologies Private Limited, a company incorporated under Indian Companies Act, 2013 and having a registered office at 3rd Floor, Plot-B, Khasra No. 360, Sultanpur, M.G Road, New Delhi – 110030 and its corporate office at 1st Floor, Plot-A and B, Khasra No. 360, Sultanpur, M.G Road, New Delhi – 110030, dealing in Content and Commerce (hereinafter individually and collectively referred to as the “Company”).
1.Acceptance Of Agreement
Please read the following terms and conditions as these terms of use (“Terms”) constitute a legally binding agreement between you and the Company regarding your use of its websites and/or mobile applications (“Site”) and any services offered by the Company including but not limited to delivery of content and commerce via the Site, any mobile or internet connected device or otherwise (the "the Services").
“User” or “You”: means any person who access or avail this Site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company by accessing the Site or Services and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions.
While individuals under the age of 18 may utilize the Services of the Site, they shall do so only with the guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address and contact number.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on its Site. Please check these Terms periodically for changes. Your continued use of the Sites or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
YOUR ACCESS OR USE OF THE SITE OR SERVICES SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Services you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms on behalf of yourself and/or any other person you represent in connection with your use of the Sites or Services. If you do not agree to the Terms, you are not authorized to use the Site or Services.
2.The Access to Services
Sign Up: To sign in for the Services, you may be required to login with a username and other credentials such as email id, date of birth and phone number. You are entirely responsible for maintaining the confidentiality of your username and other account details. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of 18) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company of any responsibility / liability in this regard.
Subscription: Your subscription to the Services in a particular geographical territory shall be valid for and automatically entitle you to access your account from a different geographical territory.
Geographic Limitation: The Site and/or the Services are controlled and offered by Company from its facilities in the territory of India. Company makes no representations that the Site or Services are appropriate or available for use in other locations. If you are accessing or using the Site or Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Site or Services may contain or provide links to content hosted on website located outside of India.
Access to use: To access the Services, you will be asked to enter your individual username and other credentials, as chosen by you during your sign up. Therefore, the Company does not permit any of the following:-
If the Company reasonably believes that an account and other credentials is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Company reserves the right to reject any username selected by you and/or revoke your right to any previously selected username and give such user name to any other person or entity in Company's sole discretion and without any liability to you. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your credentials and account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account. If messages sent to an email address provided by you and associated with your account are returned as undeliverable or wrong address; Company reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
3.Billing (If Applicable)
By signing up for the Services, you are expressly agreeing that the Company is authorized to charge you a subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services through the credit card or other payment method accepted by the Company ("Payment Method") as chosen by You during signup. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or services is otherwise suspended or discontinued pursuant to these Terms.
In order to sustain the Services, it is important that you honor the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the Services. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs.
You also understand and acknowledge that the Company only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any fraud.
You can file any complaint related to payment transfer at Site and the same shall be forwarded to the concerned third party payment gateway provider for redressal.
Free Trials: You may be offered a free trial period at the start of your membership of the Services, solely at the discretion of the Company. The duration and the terms of the free trial period shall be at the discretion of the Company and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing may automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trial period ends.
Once billing commences, we will continue to bill your Payment Method for your subscription/membership fee until you cancel. You may cancel your membership/subscription at anytime; however, there are no refunds or credits for partially used periods.
4.Links To Other Sites
Certain content, products and services available via our Site may include materials from third parties.
Third-party links may appear on this site and may direct you to third-party websites, but you should not assume that the Company controls or is otherwise affiliated with these other websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any availing their services. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Company’s Site.
5. Intellectual Property Rights
We are the owners of all intellectual property rights on our Platform, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks') except third party content and user submissions.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in India and around the world. The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable license to:
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@hook.online. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Platform.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or any other information about the Platform or Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own such Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
Contributions: The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other materials (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other users of the Platform and/or Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resale, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licenses granted in this section. Our use and distributions may occur in any media format and through any media channels. This license includes the use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Platform or making Contributions accessible through the Platform or making Contributions accessible through the Platform by linking your account through the Platform to any of your social networking accounts, you:
Confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Platform any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.
6. Products Or Services
7. Advertising Material
Part of the Site or the Services may contain advertising information or promotion material, or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose and should obtain appropriate professional advice. The Company shall not be held responsible nor liable for any loss or claim that you may have against any advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
8.Personal Information
For information about the Company´s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy as available on the Site. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the Services is governed by the Company's Privacy Policy in effect at the time of your use. The Company reserves the right to disclose any information that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Company. The Company can further disclose your name, street address, city, state, zip code, country, phone number, email, as it in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
9. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below ('Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
10 .Your Obligations
You hereby agree and assure the Company that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws.
You further concur that you shall not:
You agree that Company will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.
You acknowledge that Company has no obligation to monitor your access to or use of the Site, Services or Company Content or to review or edit any User Submissions or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Company Content, Third Party Materials, and any User Submissions, that Company, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
11.Prohibited Activities
You may not access or use the Platform and/or Services for any purpose other than that for which we make the Platform and/or Services available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
If you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment or any unlawful content , which is prohibited under any law for the time being in force, uploaded by you subject to storage post removal as required under applicable laws, and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.
12.Termination/Suspension Or Discontinuation Of The Services and Account
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and the Company suspends or discontinues the Services, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
13.Disclaimer Of Warranties And Liability
You understand and agree that the Company provides the Services on ´as-is´ ´with all faults´ and ´as available´ basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware.
The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.
In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding INR 500 and this amount shall be in lieu of all other remedies which You may have against the Company and any affiliated party to the Company.
14.Indemnification
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless against any claim, liabilities, expenses or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defence of these claims.
15. Grievance Officer
In compliance with Information Technology Act, 2000 and the rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the details of the Grievance Officer of the Company for the purpose of this Agreement is as follows:
Name: Richa Tyagi
Designation: Grievance Officer
Address: 3rd Floor, Plot-B, Khasra No. 360, Sultanpur, M.G Road, New Delhi – 110030
Email ID: grievance@hook.online
Phone: +91 11 40356666
In the event, any aggrieved user, having any questions or intends to make a complaint regarding any violation of the provisions of these Terms of Use, may send a written complaint to the Grievance officer who shall redress the complaint within 1 (One) month from receiving the complaint.
Note: The Company at their own discretion may modify the aforesaid details from time to time. Providing false, misleading or inaccurate information to the grievance officer may result in civil and/ or criminal liability.
16.General Terms
Relationship: None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company's benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
Assignment: You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
Force Majeure: Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
Applicable Law: These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at New Delhi.
Limited Time To Bring Your Claim: You and the Company agree that any cause of action arising out of or related to use of the Site or the Services must commence within 6 (Six) months after the cause of action accrues otherwise, such cause of action will be permanently barred.
Severability: In the event that any provision of these Terms of Service is determined to be invalid, unlawful, void or unenforceable, the remainder of this Agreement shall remain valid and enforceable. The unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Non Waiver: Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
Entire Agreement: These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.