Terms of Use

GhuGhooti Terms of Use

Last updated: 09th January 2021

 

These Terms of Use (“Terms”) govern your use of our website located at https://ghughooti.com/and/or the GhuGhooti mobile application (collectively, the “Platform”). The terms “you” and “your” refer to the user of the Platform.

These Terms are to be read with the GhuGhooti Content and Community Guidelines , GhuGhooti Privacy Policy, and our GhuGhooti Cookie Policy.

If you do not agree with the terms and conditions of these Terms, please do not use this Platform.

 

Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you understand, accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from the Republic of India. If you wish to use our Services, please ensure that you are permitted to do so, in your local jurisdiction.

You and we are required to follow certain rules while you use our Platform. We have listed these rules in these Terms. Please read these Terms and all other hyperlinks mentioned here carefully. Do remember that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws.

 

CHANGES TO TERMS AND SERVICES

Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion without an prior notice. We may temporarily, or permanently, stop or suspend providing Services or any features to you generally.

 

We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it.

Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.

 

Visit this page to see any changes that we may make and services that we may add or modify, from time to time.

 

WHO MAY USE OUR SERVICES

 

Our Platform helps you stay in touch with your friends and community and enables you to share messages, images, posts, videos, music, status updates, and more. We understand your preferred content and personalize your newsfeed to show you posts, pictures, videos, and suggest content available on our Platform (“Service/Services”).

You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively “you” and “your” shall refer to the company.

Please ensure that you are allowed to use our services under the law.

 

HOW TO USE OUR SERVICES

We have developed a unique platform. We strive to give you personalized content and show you content that you will enjoy. We also allow you to download content that is available on our Platform and share your GhuGhooti experience across social media platforms. When you register with us using the GhuGhooti mobile application, you also allow us to read your mobile device phone book, your SMS inbox, access your mobile gallery, mobile device storage, and mobile device camera. However, we do not read any information stored on your mobile device and computer without your permission.

In order to provide Services to you, we need to access your certain features of your mobile device.

 

 

YOUR COMMITMENTS

Providing a safe Service for a broad community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Your commitments to us are:

a. No Impersonation or False Information to be Provided

While you do not have to use your actual name on our Platform, you are required to input your correct phone number and gender to use our Services. You will not falsely represent yourself as another person or representative of another person to use our Services. In the event you are operating a parody account for satirical or comedic purposes, you must state the same in your GhuGhooti bio.

You will not lie about your details, including your age, for any reason.

b. Device Security

We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number.

While we do everything we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice and precaution, ensure that your mobile device and computer are not used wrongly or tampered with in any way

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c. Content Removal and Termination

 Your usage of our Platform is governed by the GhuGhooti Content and Community Guidelines. If any of our users report your content to be against the GhuGhooti Content Community Guidelines, we may remove such content from our Platform without any notice. In the event that multiple reports are made against your account regarding violation of the GhuGhooti Content and Community Guidelines, we may be compelled to suspend or terminate your account temporarily or permanently with us and block you from registering with us in future. If you wish to appeal any such removal, you may write to us at Support@ghughooti.com.

 

 We may remove any content that is shared on our Platform if such content is prohibited under the GhuGhooti Content and Community Guidelines.

d. Platform Not to be Used For Anything Unlawful or Illegal

Our Platform is designed to accommodate culture, as well as a diverse range of contents. To this effect, we have developed various tags to classify the nature of the content. You must therefore, correctly identify the nature of the content shared by you and tag it appropriately.

You shall not, however, use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading hate speech, inciting any form of violence or hatred against any persons, or of seditious in nature, or violates any laws of the Republic of India, or is barred from being shared by any laws of the Republic of India. We reserve the right to remove such content. Please read the GhuGhooti Content and Community Guidelines for further details.

In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.

We have developed a platform for people to come together; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.

e.      Content Rights and Liabilities

We strongly believe in the freedom of expression and allow you to share photographs, images, videos, music, status updates, and other content on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against GhuGhooti Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights in such content.

By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the GhuGhooti Privacy Policy.

 

You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform.

 

You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but will have a free of cost, permanent license to use what you share and post on our Platform.

f.      Intermediary Status and No Liability

We are an intermediary under the Information Technology Act, 2000 and the Information Technology Act (Intermediary Guidelines) Rules, 2011. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of the rules and regulations, GhuGhooti Privacy Policy, and GhuGhooti Terms of Use for accessing and using our Platform. Our role is limited to providing a platform to display the content shared by you and our other users.

We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the GhuGhooti Content and Community Guidelines.

g. You Will Not Attempt to Disrupt or Jeopardize GhuGhooti

We have developed a community-driven platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your user profile. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.

You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and even have to report your actions to the police.

 

 

 

 

 

PERMISSIONS YOU GIVE TO US

You accept these Terms and give us certain permissions so that we can serve you better. Permissions you have granted us are:

a. Permission to Share Your Profile Information with Third Parties

 

While our Platform is a freely accessible and usable platform, we need to generate revenue so that we can keep offering you our Services for free. Pursuant to this, we may share your user name and gender, and any data that we may collect relating to your usage habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement or recommendation by us.

If we share any sensitive personal information such as your race, caste, or health information, biometrics etc., we will ask you for your consent prior to sharing the same.  Ad revenue helps us keep improving and providing our Platform and Services for free. To generate such revenue, we need to share certain information about the demographics and usage pattern of the users on Platform with third parties.

b. Automatic Downloads and Updates

We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the GhuGhooti mobile application to your mobile device and update it from time to time.

Applications and software are constantly updated for your use and you will need to install the latest version of the GhuGhooti mobile application to your mobile device each time such update is generated.

c. Permission to Use Cookies

We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites. Please see the GhuGhooti Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.

All websites use cookies and store them on your web browser so that usage information can be stored and logged in your browser. For more details, please read the GhuGhooti Cookie Policy.

d. Data Retention

We shall have the right to retain certain information regarding your usage of the Platform. Please view the GhuGhooti Privacy Policy for further information relating to the collection, storage and use of your information by us.

You grant us the right to store and retain information relating to you and provided by you. Please see the Privacy Policy for further information.

 

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

 

a. Who Has Rights Under These Terms

The rights and obligations under these terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company.

 

 

 

b.  How We Will Handle Disputes

In all cases, you agree that disputes will be subject to the laws of the Republic of India and the courts of Delhi shall have exclusive jurisdiction over all such disputes.

 

 

c. Grievance Officer 

We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them. You may contact the Grievance Officer at any of the following:

 

Office Hours: 10:00 A.M. to 6:00 P.M.

Email: support@ghughooti.com

 

We have created a method for you to get in touch with us and for us to address your concerns.

 

LIMITATION OF LIABILITY

We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform.

The Platform and Services, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.

In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.

In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or willful misconduct. This obligation will survive the termination of our Terms.

 

 

 

UNSOLICITED MATERIAL

We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

 

GENERAL

A.    If any aspect of these Terms is unenforceable, the rest will remain in effect.

B.     Any amendment or waiver to our Terms must be in writing and signed by us.

C.     If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.

D.    We reserve all rights not expressly granted to you.

 

 

 

COMMUNITY GUIDELINES

 

GhuGhooti and Community Guidelines

When you enter GhuGhooti, you become part of a like-minded community of people from around the world.

Like you, everyone is here to communicate and connect with other people and community.

Being part of this wonderful community means that we must promise to keep each other safe.

You are a responsible person.

When someone gets to know you and communicate with you, they easily see how smart, humorous and wonderful person you are. With your kind words, respectful language, and polite manner, you can win over anyone in GhuGhooti. Remember, GhuGhooti is for everyone who wants a place to connect, so it is as much your responsibility to make others feel safe, secure and included here, as it is ours. We look forward to you always posting respectful and safe content and building “healthy world” in GhuGhooti.

 

It’s a Power in Your Hands

We take your safety very seriously.

At GhuGhooti, you have the right to block and report anyone who makes you uncomfortable for any reason.

Your reporting is anonymous, and the action against them is immediate and unbiased.

When you report someone you will never see them again in GhuGhooti.

If someone is reported upon repeatedly, we investigate the reasons thoroughly and ban that person from GhuGhooti.

Unwelcomed behaviour in GhuGhooti

As a member of the GhuGhooti community, you promise to behave in a gentle, responsible manner and promise never to do or post anything that falls under any of the themes /subjects listed below:

Sexually Explicit or Violent Content

GhuGhooti DOES NOT promote pornography of any kind.

Any content or behaviour that seeks to harass or threaten anyone else in any form, any cyber stalking, any digital dating abuse, or anything intimate shared without consent is not to be shared. Any content containing child exploitation will be reported to the authorities.

Harassment or Bullying Content

It is welcomed to post content that shames anyone else in any way. GhuGhooti is a place for everyone i.e all races, religions, regions, ethnic origins, sexual orientations, colour, caste, creed, disabilities and genders. Bullying any one on any of these grounds is a serious violation of our Community Guidelines. Any physical or psychological abuse involving minors (anyone under the age of 18) will be reported to the authorities.

Impersonating Someone Else

The GhuGhooti helps you in expressing yourself in best possible manner. Be your true wonderful self and refrain from misleading or deceiving others by pretending to be someone else.

Hacking

Threaten to expose someone’s private information or hacking or threaten to hack or break into someone’s digital information or account, is breach of our Community Guidelines and can be reported to authorities.

Spam

Any links or posts to malicious content that can disrupt or damage another’s device (phone/computer etc) is prohibited. Any content that categorizes as harassing, abusive or spam is not welcomed.

Scamming

Stay safe and never share yours, or ask, for anyone else’s sensitive private information like banking and credit card details, passwords, OTPs etc.

Threats, Violence and Harm of any Kind

Threatening anyone with physical or mental harm, promoting self-harm in any form, discrimination or hatred against any group or person, sharing any content that is gory, pornographic, sadistic, gratuitously shocking, or violent against human being or animals will be dealt with very seriously.

Hate Speech or False Information

Any content that is defamatory, derogatory, obscene, pornographic, furthers any illegal activity or is intended to deceive or mislead anyone endangers our trust-led community.

Terrorism or Illegal Activities

This is defined as content that promotes any organization or individuals that engage in terrorist/terrorism, or illegal activity, incite violence against others or organized criminal activity, disrespects national symbols including flags and emblems, offers sale/purchase/trade of unlawfully acquired goods, or of firearms, accessories, ammunition explosive weapons, or instructions on how to manufacture them.

Breach of Third Party Rights

Content that violates the copyright, trademark, privacy, and publicity rights of a third party.

If You do not agree with our Community Guidelines, You may delete Your account and/or not access, download and use the Application and/or the Services.

In the event you wish to report any breach of our Community Guidelines, you may contact us at support@ghughooti.com. We will examine these reports to determine whether there is a violation of these Guidelines and determine if any action needs to be taken, at our SOLE DISCRETION.

GhuGhooti Chat Community Guidelines

We want GhuGhooti Chat to be a safe and fun place; to facilitate this, we have established the following guidelines for participation in the community. These Guidelines apply to your each and every interaction on GhuGhooti Chat. 

You may NOT post Content that:

Threats, Violence & harm

  • Threatens another user, and which is a threat of violence, physical or mental harm.
  • Promotes or encourages suicide or any other type of self-injury, including self-mutilation.
  • Promotes discrimination, hatred against any individual or group.
  • Includes nudity, gruesome crime or accident scenes, gory media related to death, serious injury, violence, or surgical procedures.
  • Content that is gratuitously shocking, sadistic, or excessively graphic, including with respect to animals.

Impersonation, spam & hacking

  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
  • Publishes or posts links to malicious content intended to damage or disrupt another person’s browser or computer.
  • Uses platform for obtaining sensitive personal information, banking and credit card details, passwords etc.
  • Threatens to expose someone’s private information or threaten to hack or break into someone’s digital information.
  • Is harassing, abusive, or constitutes spam.

Harassment & Bullying

  • Is directed to an individual, including: profiles or posts that identify and shame individuals; images altered to degrade individuals; or photos or videos of physical bullying posted to shame the victim of such bullying.
  • Attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender.
  • Depicts physical or psychological abuse involving minors.

Sexually Explicit Content, violence

  • Includes sexual harassment, sexual assault threats, sharing intimate material without consent, recording or distributing images of sexual assaults, cyber stalking, digital dating abuse and luring sexual trafficking victims.
  • Promotes or depicts violence towards children, including posting sexually explicit images/videos of children.

Breach of Third Party Rights

  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights.

Hate Speech & false information

  • Is defamatory, obscene or pornographic.
  • Is furtherance of illegal activities.
  • Is intended to deceive or mislead any of other(s) and endangers our trust-based community.

Terrorism & Illegal Activities

  • Promotes any organization which is engaged in terrorist activity, incites violence against others or organised criminal activity.
  • Seeks to use GhuGhooti Sticker Chat for furtherance of any illegal activity or any activity that is in breach of Community Guidelines.
  • Disrespects national symbols, including national flag and national emblem.
  • Offers the purchase, sale, or trade of unlawfully acquired goods.
  • Offers, sells, trades, or solicits firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them 

If You do not agree with our Community Guidelines, You may delete Your account and/or not access, download and use the Application and/or the Services.

In the event you wish to report any breach of our Community Guidelines, you may contact us at support@ghughooti.com.

 We will review these reports to determine whether there is a violation of these Guidelines and determine if any action needs to be taken, at our SOLE DISCRETION. 

Changes to Community Guidelines

Any changes in the Community Guidelines shall be posted on application to reflect changes in the guidelines. Users should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes Your acceptance of the changes and the amended Community Guidelines.

Please take these Guidelines seriously and honour them in true spirit in which they are intended. We’ll do our best to enforce them consistently and fairly. We reserve the right at all times (but will not have an obligation) to take down any content in breach of our Terms of Service or Community Guidelines and to take any other actions as we deem fit including, suspending Users or reclaiming usernames without liability to you.