Terms and Condition
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Welcome to the Hoicko Terms of Service.
This legal agreement is an electronic record under the Indian Information Technology Act, 2000 and its rules, as well as the revised provisions of electronic records in various statutes as changed by the Indian Information Technology Act, 2000. This electronic record is created by a computer system and does not require physical or electronic signatures.
This legal document is published in accordance with Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practises and procedures and sensitive personal data or information) Rules, 2011 of the Information Technology Act, 2000, as amended by the Information Technology Amendment Act, 2008, which require the publication of terms and practices for access or usage of a system
M/s Hoicko Technologies Private Limited (hereinafter referred to as "We," "Our," and "us"), with its registered address in "Udaipur, Rajasthan," created and operates this Application. The author of these Terms of Service ("Terms") guarantees your continued commitment to the use of the "Hoicko" ("Application") and the services offered by us.
DEFINITIONS
"You," "your," "yourself," and "user" shall mean and refer to natural and legal individuals who will be users of this Application and who are competent to enter into binding contracts under Indian law, if the circumstances so requires. Apart from the users and the creator of this Application, "Third Parties" refers to any Application, Application, or individual. The term "Application" refers to the application that we developed.
TERMS IN GENERAL
All of the services and information available on this App are merely a "invitation to offer." Your purchase through the Application represents a "offer" that is subject to the terms and conditions set forth in this Terms and Conditions, as well as any other documents displayed on the Application. We reserve the right to accept or reject any offer made through this App.
Your use of this Application is governed solely by these Terms, which may be downloaded from the App, and any modifications or additions made by us from time to time are at our sole discretion. You agree to comply with and be bound by the following terms if you continue to access and use this Application.
You fully accept and acknowledge that these Terms and the Privacy Policy are co-terminus in nature, meaning that if one expires or terminates, the other will as well. You unambiguously agree that these Terms are a legally binding agreement between you and us, and that you will be bound by the rules, guidelines, policies, terms, and conditions that apply to your use of the Application, and that those rules, guidelines, policies, terms, and conditions will be deemed incorporated into these Terms and treated as part and parcel of them. You understand and agree that no signature or express act is required to bind you to these Terms, and that your use of any element of this Application indicates your complete and final acceptance of these Terms.
We reserve the sole and exclusive right to amend or modify these Terms at any time without your consent or notification, and you expressly agree that any such amendments or modifications will take effect immediately. If you do not agree to the modifications, you must immediately cease using the Application. Your continued use of the Application indicates that you agree to the new conditions.
OVERVIEW OF THE PLATFORM
The app is a bookkeeping app that allows you to manage and keep track of all of your businesses, including income, expenses, payroll, orders, and customer information. You may also keep track of all personal and home records, such as grocery lists, budgets, travel plans, and personal documents.
REGISTRATION
All users of the application must register in order to use it. Only after the user's authentication and verification of the user's details by mobile and OTP authentication will the registrations be considered complete. Users can also log in using their Google account.
ELIGIBILITY
You represent and warrant that you are of legal age and are competent and qualified to engage into legally binding agreements. You also represent and warrant that you have the ability to bind yourself to these Terms of Use in accordance with the law. If you are a minor, you may use this Application only with your legal guardian's permission. All acts committed by minors are deemed to be those carried out under the supervision of their legal guardian.
You also agree to abide by these Terms, as well as all applicable local, state, national, and international laws, rules, and regulations.
You may not use the Application if you lack the legal capacity to contract or if any other applicable law, rule, or regulation prohibits you from doing so.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively, "Content") are generated/provided by third parties, and we have no control over, and make no guarantees about, the quality, accuracy, integrity, or genuineness of such content or other information provided on the Application.
All content presented on the Application is protected by copyright, and you or a third party may not republish it without the copyright owner's prior written authorization.
We accept no responsibility for any feedback or comments provided by users or made in relation to any of the content on the Application. Furthermore, we retain the right to suspend or terminate the account of any user who is discovered to have generated, shared, or contributed any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar for an extended period at the discretion of the Application. You will be completely responsible for any financial or legal losses incurred as a result of the production, sharing, or submission of content or portions thereof that are found to be false, inaccurate, or misleading. To access the content on the Application, you have a personal, non-exclusive, non-transferable, revocable, restricted privilege. Without our written permission, you may not duplicate, adapt, or change any content.
INDEMNITY
You agree to indemnify, defend, and hold us, and our respective directors, officers, employees, and agents (collectively, "Parties"), harmless from and against any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by any breach or non-performance of any representation, warranty, or agreement. You also agree to indemnify us against any claims filed by a third party as a result of, or arising out of, or in connection with:
You agree to fully cooperate in indemnifying us at your expense for your use of the Application,
Your violation of these Terms, your violation of any third-party rights, You’re claimed inappropriate conduct according to these Terms, and your conduct in connection with the Application.
You also promise not to settle with anyone else without our permission.
In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential, or punitive damages, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with this agreement.
LIABILITY LIMITATION
The Founders, Promoters, Directors, and Affiliates are not liable for any repercussions resulting from the following events:
If the Application is inactive/non-responsive as a result of any internet connection connectivity issues, including but not limited to slow connectivity, no connectivity, and so on,
FAILURE OF THE SERVER
If you have provided erroneous information or data, or if data has been deleted;
If there is a significant delay or inability to communicate by email;
If there is any inconsistency or flaw in the services we provide;
The Application accepts no responsibility for any errors or omissions made on its behalf, or for any damage caused to you, your property, or any third person as a result of your use or abuse of the Application or any service provided by us through the Application. The service, as well as any Content or material presented on it, is provided "as is," with no promises, conditions, or warranties as to its correctness, suitability, completeness, or reliability. We will not be accountable to you if the Application is unavailable or fails. You must obey any laws that apply to you or your actions, as well as all Policies, which are hereby incorporated by reference into these Terms of Service.
The Application expressly disclaims any and all liability for any loss or damage incurred by you in connection with the Application that was not reasonably foreseeable by the Application, including loss of profits, as well as any loss or damage incurred by you as a result of your breach of these Terms of Use. We will not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of such claim, to the fullest extent permitted by law. You understand and agree that your only and exclusive remedy in the event of a disagreement with us is to stop using the Application.
Terms
These Terms will continue to form a valid and enforceable contract between you and us and will remain in full force and effect until you stop using the Application.
If any discrepancy or legal issue emerges, we may cancel these Terms and close your account without notice, and/or suspend or terminate your access to the Application at any time and for any reason.
This suspension or termination does not preclude us from taking any other action against you that we deem necessary.
It is also stated that we reserve the right to terminate the Application at any time without notice.
TERMINATION
We reserve the right to unilaterally discontinue your access to the Application, or any portion thereof, at any time, without warning or cause, at our sole discretion.
We also retain the right to deny you access to the Application and/or any/all of its features without prior notice or explanation in order to safeguard the Application's and/or other users' interests.
We reserve the right to restrict, reject, or create multiple levels of access to the Application and its features for different users, as well as to update or add new features at any time.
You will be bound by these Terms indefinitely, and you expressly accept that you will not be able to terminate these Terms until they have been fulfilled.
COMMUNICATION
You agree and consent to receive calls, e-mails, or SMS from us and/or any of our representatives at any time by using this Application and supplying your name and contact information to us through the Application. If you identify any inconsistency with regard to Application or content-related information, please report it to "hello@hoicko.com," and We will investigate and take appropriate action. The response with resolution (if any issues are discovered) will be determined by the amount of time it takes to investigate. You expressly agree that, notwithstanding everything else in this agreement, we may contact you about any services you use on the Application or anything related to it, and you agree to hold us harmless from any harassment claims. We have specifically agreed that any information we share will be subject to the Privacy Policy.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and accept that you are a restricted user of this Application and that you: Agree to submit genuine credentials throughout the application's registration procedure. You are not permitted to register under a false name. If you provide false information, we are not responsible. Agree to keep your information correct and up-to-date by ensuring the Name, Email address, Mobile number, and any other information supplied at account registration is valid at all times. You acknowledge that you are entirely responsible for the security of your account password. You promise to tell us promptly if your account is used without your permission. We have the right to terminate your account for any reason at any time. Understand and understand that the information you provide will be manually entered into the Application's database. You also accept that the information placed into the database is for your convenience and to streamline the Services provided through the Application.
Understand and agree that, to the fullest extent permitted by law, the Application and any of its affiliates, as well as their respective officers, directors, employees, agents, and representatives, shall not be liable for any loss or damage of any kind, direct or indirect, in connection with or arising from the use of the Application or these terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special, or punitive damages. Are obligated to not cut, copy, modify, reproduce, reverse engineer, distribute, disseminate, post, publish, or create derivative works from any information or obtained from the Application, nor to transfer or sell any information or obtained from the Application.
Any such use/limited use of the Application will be permitted only with the express written approval of the developer. Agree not to use any means other than the Application's interface to access (or attempt to access) the Application and/or the contents or Services. The use of any deep-link, robot, spider, or other automatic device, programmed, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials, or any content, or to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available, or to obtain or attempt to obtain any materials, documents, or information through any means. We disclaim any liabilities arising concerning such offensive content on the Application.
You expressly accept and acknowledge that the Content generated/uploaded by users and displayed on the Application is not our property, and that we are not responsible for it. You may, however, report any offensive or objectionable content, which we may, at our sole discretion, remove from the Application.
Furthermore, you agree not to:
1. Probe, scan, or test the Application's or any network connected to the Application's vulnerability, but do not breach the Application's or any network connected to the Application's security or authentication mechanisms.
2. The user may not reverse look-up, trace, or seek to trace any information relating to any other user of, visitor to, or viewer of the Application, including any user account maintained on the Application that is not operated/managed by the user, or exploit the Application or information made available or offered by or through the Application in any way.
3. Disrupt or interfere with the security of the Application, its systems resources, accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated or linked Applications, or otherwise harm the Application, its systems resources, accounts, passwords, servers, or networks.
4. use the Application or any of its materials or content for any purpose that is illegal or forbidden by these Terms of Service, or to solicit the performance of any illegal or other behaviour that infringes on the rights of this Application or any other third party (s)
5. Violate any relevant code of conduct or guideline for or to any specific service offered on the Application; Violate any applicable laws, rules, or regulations currently in force within or outside India;
6. Violate any part of these Terms of Service or the Privacy Policy, including but not limited to any additional terms of the Application contained herein or elsewhere, whether amended, modified, or otherwise;
7. Commit any conduct that causes us to lose (in whole or in part) the services of its Internet Establishment ("ISP"), or disturbs the services of any other Application supplier/service provider;
Further:
1. You hereby expressly authorise us to disclose any and all information in our possession about you to law enforcement or other government officials as We may, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, particularly those involving personal injury and theft/infringement of intellectual property. You further accept that the Application may be required to disclose any information (including the identities of those who provide information or materials to the Application) in order to comply with any legal Order, law, regulation, or valid governmental request.
2. You are responsible to complete any transactions after making payment if you indicate your approval to use any services offered on the Application. You will not be able to indicate your acceptance to use services if the transactions are yet pending.
3. You agree to use our, our affiliates', consultants', and contracted firms' services exclusively for legitimate purposes.
4. You acknowledge that the information you supply is accurate and genuine. At any moment, we have the right to confirm and authenticate the information and any details you supply. If, upon confirmation, such details are discovered to be inaccurate, not genuine (wholly or partially), We may, in our sole discretion, reject your registration and prevent you from using the Application without notice.
5. You agree not to publish any defamatory, offensive, obscene, indecent, abusive, or needlessly distressing anything on the Application, nor will you advertise any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any other way share any information that:
(a) belongs to another person and to which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable; disparaging, relating or encouraging money laundering.
(c) is harmful to minors in any way; infringes on any patent, trademark, copyright, or other intellectual rights; or violates any current law
(d) deceives or misleads the addressee about the source of such messages, or conveys any information that is extremely insulting or threatening;
(e) Others' legal rights are abused, harassed, threatened, defamed, disillusioned, eroded, abrogated, demeaned, or otherwise violated.
(f) Impersonate someone or something, or fraudulently assert or otherwise misrepresent your affiliation with someone or something;
(g) Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(h) Threatens 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.
SUSPENSION OF USER ACCESS AND ACTIVITY
Without providing you with notice or cause, we may, in our sole discretion, limit your access and/or activity by removing your access credentials either temporarily or indefinitely, suspending/terminating your association with the Application, and/or refusing to use the Application, without providing you with notice or cause:
1. If you violate any of these Terms of Service or the Privacy Policy;
2. If you violate any of these Terms of Service or the Privacy Policy;
3.if you give false, inaccurate, incomplete, or inaccurate information;
4. If your activities, in our sole discretion, may cause injury, damage, or loss to other users or us
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated in writing, nothing in this document grants you permission to use any of the Application's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, or other distinctive brand features, except as expressly stated in these Terms. All logos, trademarks, brand names, service marks, domain names, and other unique brand aspects of the Application, including material, designs, and visuals generated and developed by the Application, are the property of the Application or the applicable copyright or trademark owner. Furthermore, with relation to the Application, we will be the only owner of all designs, graphics, and other materials associated with the Application.
You may not use any of the intellectual property displayed on the Application in any way that is likely to cause misunderstanding among current or potential users of the Application, or that disparages or discredits the Application in any way, as assessed solely by the App Developer.
You understand that all intellectual property connected to said services, including but not limited to copyrights, belongs to the owners, and that no such intellectual property is ever transferred from the aforementioned authors. You are aware that we just provide the Application as a means for you to communicate with other users, and that the Application, other from developed visuals and defined material, does not hold any intellectual property relating to the independent content presented on the Application.
You are also aware that any replication or infringement of the aforementioned owners' intellectual property by you will result in legal action being taken against you by the owners of the intellectual property thus reproduced/infringed upon. You acknowledge and agree that the contents of this Section will survive the termination or expiration of these Terms of Service and/or Privacy Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES
1. You also accept and acknowledge that you are accessing the Application at your own risk and that you are exercising your best and most prudent judgement before utilising any of the Application's features or accessing/using any of the information shown thereon.
2. You acknowledge that any information, resources, activities, or recommendations obtained/availed via the Application, whether written or oral, do not constitute a warranty, and we disclaim all liability arising from them.
3. We do not promise that the Application's features and content will be available without interruption or error, or that the Application or its server will be free of viruses or other harmful components, and you expressly assume any risks associated with your use of the Application.
4. You also agree that the contents of this Section will survive the termination or expiration of the Terms of Service and/or Privacy Policy.
FORCE MAJEURE
We will not be liable for damages if we fail to perform our obligations hereunder due to Force Majeure events such as acts of war, acts of God, earthquakes, riots, fire, festive activities sabotage, labour shortages or disputes, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
You expressly agree that the creation, interpretation, and performance of these Terms, as well as any disputes arising from them, will be decided by arbitration. You also agree that the contents of this Section will survive the termination or expiration of the Terms of Service and/or Privacy Policy.
If the Parties are unable to reach an amicable agreement, the disagreement will be sent to arbitration by a solitary arbitrator designated by Us, and the award rendered by such sole arbitrator shall be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with theArbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city Udaipur, Rajasthan, India. You fully agree that the Terms of Service, Privacy Policy, and any other agreements between the Parties will be governed by Indian laws, rules, and regulations.
MISCELLANEOUS PROVISIONS
1. All other communications, statements, and agreements (whether oral, written, or otherwise) relating to the subject matter hereof are superseded by these Terms of Use, read in conjunction with the Privacy Policy.
2. Waiver: Either Party's failure to enforce any provision of these Terms of Use at any time shall have no bearing on that Party's right to do so at a later time. No waiver by either party of any breach of these Terms of use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of use.
3. If any provision/clause of these Terms of Use is found to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use will not be affected or impaired, and each such provision/clause of these Terms of Use will be valid and enforceable to the fullest extent permitted by law. In such a circumstance, these Terms of Use will be reformed to the degree necessary to address any invalidity, illegality, or unenforceability, while preserving the original rights, intents, and commercial expectations of the Parties as expressed herein to the greatest extent possible.
Contact us
If you have any questions about these Terms, the practices of the Application, or your experience, you can contact us at hello@hoicko.com or you can address the notices at the following address. M/s Hoicko Technologies Pvt Ltd, Udaipur, Rajasthan, India ; Contact No. +91-7627029423.
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