Terms of Use

These Terms of Use set forth the terms and conditions that apply to the access and use of the mobile application known as Bosswallah (hereinafter referred to as Mobile App) and the bosswallah.com website (interchangeably referred to as Website and Desktop App) and collectively referred to as Application, which are owned and operated by Bosswallah Technologies Private Limited, (hereinafter referred to as the Company), a company incorporated under the laws of India and registered under the Companies Act, 2013 as well as to the access and use of any other service offered by the Company whether accessed through the Application or in person or otherwise.

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided in the Application, and they shall be deemed to be incorporated into and considered as part and parcel of the Terms of Use.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THE TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE DEFINED BELOW.

The Terms of Use (Agreement) sets forth the terms and conditions that will apply to your access and use of the Application, which is owned and operated by the Company and/ or other Services (as defined below) offered by the Company.

After you have read and reviewed all the terms of the Agreement, you can click continue on the registration page, and enter the OTP received on your registered email/ registered mobile number provided by you. This shall be considered as your acceptance of this Agreement.

Your electronic consent in accepting the Agreement, represents that you have the capacity to be bound by it, or if you are acting on behalf of any person, that you have the authority to bind such person. If you choose not to accept the Agreement, you will not be entitled to use the Services.

The Company reserves the right at its sole discretion to make changes to the Agreement, for such reason as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services, company reorganization, market practice or customer requirements.

Upon any change, the Company will notify the updated Terms on the Website/Mobile App or other means. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the Services.

You can review the most current version of the Agreement at any time, by clicking the Terms & Conditions link on the login page or from the profile section of the Website/Mobile App.

Notwithstanding the above, the Company reserves the right to refuse service to anyone at any time due to a violation of the Agreement or misuse of the fora available on the Website App/ Mobile App for any purpose which is not expressly permitted/authorised by the Company or for any other reason.

Sensitive personal data or information would mean and include but is not limited to:

1. KYC details - Name, Location, Image
2. Mobile Number, Email Id and one-time password for each of your linked accounts.
3. Financial information such as bank account or credit card or debit card or other payment instrument details.
4. Linked account information, transaction data, biometric information or any other information as provided by applicable law /Notification/Circular/Act etc.
5. Any detail relating to the above clauses as provided to the Company for providing service.
6. Any other information voluntarily uploaded by you on the Mobile App/Website or through message/email or in person
7. And any of the information received under the above clauses by the Company for processing and stored or processed under lawful contract or otherwise.

You hereby authorize and appoint the Company/ its third-party service provider as an agent with limited power of attorney to access your sensitive personal data or Information and/or any other information voluntarily shared by you in the course of your usage of the Application.

You further authorise the Company/ its agents/authorised third-party service providers to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations/ to provide offer/deals/cash back/discounts/curation services and/or to provide you with any other value-added services.

You agree to receive emails from the Company or its third-party vendors regarding the Services updates, information/promotional emails and/or product announcements.

It is provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.

You have to register on the Application by entering your necessary personal information to start the basic services. Upon successful registration, your account will be activated. You agree and understand that you are solely responsible for maintaining the confidentiality of your account and the generated OTP which, together with your email id or phone number, allows you to access the Services. Your email id and/or phone number and OTP together with any other contact information you provide, form your Registration Information.

By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number through emails, text messages and WhatsApp messages. It is your responsibility to update any changes to your email address and mobile number. Notices/information will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, commercially available internet browser.

You shall provide true, accurate, current and complete information about yourself and the accounts linked to your account.

You shall undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by the Company.

You agree not to misrepresent your identity or make an attempt to make unlawful access to the Desktop App/Mobile App or use of the Services.

If you become aware of any unauthorized use of your Registration Information, you agree to notify the Company immediately at the customer service helpdesk, the details of which are available on the Website/Mobile App. The Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to the Company.

You declare and confirm that you are, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein via the Desktop App/Mobile App

After registration, you can purchase any or all services being offered by the Company by selecting the payment method provided (i.e., credit card/debit card/internet banking/UPI). Access to the profile will require a one-time password (OTP) that will be sent to your registered email id or registered mobile number. Fresh OTP will be generated in case you login again with your registered email id or registered mobile number after logging out of your account.

The Company will offer a variety of services to the customers of the Application, which may include:

1. Structured courses on various topics;
2. Access to experts in various fields by way of responses to queries/longer conversations to understand topics of your interest;
3. Digital live events; or
4. Any other services that the Company may choose to provide from time to time. ( Services).

Each of the above are jointly and severally referred to as Services. The Company may stop offering any or all Services at any time temporarily or permanently at its discretion.

The Services currently on offer by the Company are:

1. Access to a repository of structured courses on various topics relating to business and entrepreneurship;
2. Access to experts in various fields by way of phone call or message through its programme Expert Connect; and
3. Boss Academy which delivers impactful learning experiences for aspiring business owners, currently through its Business Launchpad programme. The Business Launchpad is an in-person programme to be purchased on the Application with access to some features of the Application included in the programme. The details will be provided on the purchase page along with a detailed list of terms of conditions.

The price of these Services will be determined item-wise and revised from time to time at the discretion of the Company and will be listed on the purchase page for each of these Services, where terms and conditions regarding such purchase will also be detailed.

You will have to carefully select and pay for the available Services as described and specified by the Company. You will only receive access to the part of the Application as may be needed for the Company to provide the purchased Services effectively.

Your purchase may be in the form of a one-time payment, a wallet recharge or a recurring subscription, based on the Services chosen by you.

Subscriptions to the Application are set to recur at the beginning of each billing cycle for a period of 6 months by default unless further extended by you. You will be charged at the beginning of each billing cycle according to your subscription terms i.e., monthly, annually, or triennially), unless you unsubscribe. You can cancel the autopay facility or upgrade to a plan of a higher duration at any point in your subscription period.

Upon successful subscription/purchase of any or all of the Services, you will receive an acknowledgement mail with a copy of Invoice generated, from the Company.

Anytime during your subscription/after your purchase, you are allowed to change and update your registered email id or registered mobile number by sending a change request to support@bosswallah.com (email id). Once the OTP is verified with your new number/new email id, it can be used for login to your account subsequently. No new invoice will be generated with the changed mobile number/email id.

The Company may send automatic alerts and voluntary account-related alerts from time to time. Certain voluntary account alerts may be turned on by default. You may customize, deactivate or reactivate these voluntary alerts based on your individual preferences and options available.

The Company may add new alerts (automatic/voluntary/compulsory) from time to time, or cease to provide certain alerts at any time, at its sole discretion. Each alert has different options available and you may be asked to select from among these options on activation of your alerts service.

The alerts may be sent to you electronically on your email address and/or mobile number as per your most recent Registration Information available with the Company or through push notifications on your phone. Changes to your email address or mobile number will apply to all of your alerts. You hereby agree and consent to receive all transactional alerts at the mobile number provided, even if the mobile number is registered under DND/NCPR list under TRAI regulations. For that purpose, you further authorize the Company to share/disclose the information to any third-party service provider or any affiliates, group companies, their authorized agents or third- party service providers.

You agree and understand that alerts are not encrypted. Alerts may include some of your personal and sensitive information. Anyone with access to your email/mobile will be able to view the content of these alerts. It is solely your responsibility to prevent any unauthorized access to the said alerts.

While the Company would endeavour to provide alerts under the Services in a timely and accurate manner, you understand and agree that any such alerts may be delayed or prevented by a variety of factors and is not liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party, in reliance of an alert.

Specifically, the reminder service uses the basic functionality of the device hence the Company does not own any responsibility related to any delay or no-alert raised on-time.

Further, the delivery of alert messages is subject to compliance of any local laws or guidelines, as may be enforced from time to time and you agree to abide by such compliance requirements, as and when notified by governing authorities.

The Privacy Policy explains how the Company treats your personal information when you access the Desktop App/Mobile App and/or use other ancillary Services. You agree and authorize the Company to share your information with its group companies, associate companies, third party service providers, so far as required for joint marketing purposes/offering various services/report generation and/or to similar services to provide you with various value-added services. However, in no event would your personal information be shared with any third party solely for commercial purposes.

The Company may transfer sensitive personal data or information to another Indian or overseas body corporate if it is necessary for the performance of Services, and you hereby consent to such data transfer.

You agree and understand that all Account Credentials of other Financial Institutions provided by you for your use/consolidated view are encrypted and stored by our database.

The Application may require the user to pay with a credit card, debit card or net-banking or UPI for Services for which subscription amount(s) is/are payable. It is the user’s responsibility not to disclose their credit card number and any other online payment credentials to the third parties as necessary to complete such operation. Verification of credit information, however, is accomplished solely by the user through the authentication process. User’s credit-card/debit card details are transacted upon highly secure sites of approved payment gateways which are digitally encrypted, thereby providing the highest possible degree of care as per latest available technology.

User account information is OTP protected for privacy and security. It is the user's responsibility not to disclose your OTP to third parties.

There is a separate privacy policy pertaining to the Mobile App and Website.

Certain parts of the Services may be supported by sponsored links/sponsorships from advertisers and display the Company offers (“Offers”) that may be custom-matched to you based on information stored in the Services, queries made through the Services, or any other information. You agree and understand that the Company will always disclose your information when particular Offers are sponsored.

In connection with Offers, the Services may provide links to websites belonging to such advertisers and other third parties, or the Company may provide contact details of such third parties, but such third parties are beyond the control of the Company. The Company does not endorse, warrant or guarantee the products or services available through the Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and the Company shall neither be construed as an agent or broker of such advertisers or third parties, nor otherwise be responsible for the activities or policies of their websites. The usage of such service, if any, shall be entirely on the basis of the terms and conditions between you and the service provider.

The Company does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Website/Mobile App/in person, are actually the in accordance with the terms that may be offered to you, if you pursue the offer, or that they are the best terms or lowest rates available in the market.

There is no affiliation between any person claiming to offer loans/insurance on the Desktop App/ Mobile App and the Company, and any claims to the contrary are false and denied.

You shall have an option to deactivate the Service(s) by following the administrative rules prescribed by the Company from time to time. The deactivation request(s) would be processed and you shall receive deactivation intimation for your future records and reference. Deactivation of Services will automatically lead to the termination of this Agreement. Upon deactivation of Services, Company shall not be liable to refund the subscription fee, if any, already paid, either in whole or in part.

The Company may, at any time, terminate this Agreement with you immediately:

1. If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement).
2. If the Company, in its sole discretion, believes it is required to do so by law or regulatory authority.
3. If you are found to upload any objectionable content.
4. If you have provided false and incorrect information as a part of your Registration Information.
5. For violating any of the prohibited uses detailed in the Agreement or any other use that is deemed to be incorrect at the sole discretion of the Company.

The contents of the Desktop App/Mobile App as well as any other content made available as part of the Services, including but not limited to its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programmes) and other material are the owned/licensed by/to the Company and/or its Third-Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws.

You acknowledge and agree that the Company and/or its licensors or suppliers own all rights to this Desktop App/ Mobile App, the content displayed on the Desktop App/ Mobile App and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Services.

You are only permitted to use any of the foregoing as expressly authorized by the Agreement.

You may download or print a copy of the information provided on this Desktop App/Mobile App for your personal, internal and non-commercial use only.

You may not copy, re-print, reproduce (electronically or otherwise), distribute, or create derivative works from any content on the Desktop App/ Mobile App or any other content made available as part of the Services, in whole or in part, for any other purpose without our prior written consent.

Further, you agree not to reverse engineer or reverse compile any technology associated with the Service, including but not limited to any software applications or Java applets associated with the Services Content, from the Website/ Desktop App/ Mobile App, in whole or in part.

BB is an automated AI chatbot system designed to answer customers’ queries related to the Desktop App/ Mobile App and provide them with information and assistance regarding the range of options and services available on the Desktop App/ Mobile App.

Below are the limitations in liability of the Company in respect of BB:

• The Company prioritises the privacy and security of our customers’ information. However, conversations carried out between you and BB may be reviewed by our teams to improve results. Please avoid sharing any information that you are not comfortable with our teams’ viewing or that are not pertinent to the assistance sought by you.
• While we strive to provide accurate information through BB, we cannot guarantee the accuracy and/or the completeness of the information provided. BB may, at times, provide information that is inaccurate.
• The Company assumes no responsibility or guarantee for the accuracy or completeness of the information provided.
• The Company expressly reserves the right to modify, add or delete individual or all BB functionalities without notice, or to discontinue the AI service temporarily or permanently without notice.
• The Company, its directors, office bearers, employees, affiliated companies and other representatives/associated entities do not accept any liability regarding the information provided and cannot be held liable for any actions, losses, or damages resulting from the use of BB.

Below are the conditions for use of BB by customers:

• BB is only to be used by customers of the Desktop App/ Mobile App who are above 18 years of age. You are requested to permit children/dependents under the age of 18 to use BB only under adult supervision. The Company cannot be held responsible for any usage by people under the legal age of majority and their interactions with BB.
• You are not permitted to share or exchange any offensive, derogatory, illegal or unlawful messages with BB
• You cannot to attempt to compromise the security or integrity of BB
• You cannot attempt to access confidential information relating to the Company, the Mobile App or any aspect thereof through BB
• You are not permitted to copy, distribute, modify, reverse engineer, decompile or attempt to extract the source code of BB

Since the Company is providing its Services or purchase thereof digitally, it will consent to cancellation of service only if the customer raises the request within 2 (two) days from the date of order/sign up and only if the customer has not used the Services at all. Using the Services includes without limitation, viewing course/s or course trailers, communicating/interacting with Experts or in any other way, interacting with the Application or availing of the Services in person in a manner that would be gainful to the Customer at the expense of the Company if a refund were to be given.Additionally, only in respect of the Boss Academy programme, the following conditions apply:

• a 50% refund will be provided if the customer raises a request after 2 (two) days up to 7 (seven) days prior to the date of the Boss Academy event for which the customer has signed up.
• Notwithstanding anything else stated in the present ToU and regardless of the date of sign up by the customer, no refund will be provided at all if a request is raised 7(seven) days or later prior to the date of the Boss Academy event for which the customer has signed up.

B. REFUND

A refund will be made to the Customer within 2 working days if a request for cancellation is entertained.

App membership and subscription period once selected and paid for shall be allowed to be changed only at the time of renewal or post expiry of the existing period covered under the subscription.

No chargeback and refund shall be admissible under any other circumstances. The amount once paid to subscribe for the package will not be refunded unless the customer seeks cancellation in the manner detailed above.

C. SERVICE LIMITATIONS

The Company will try to make your experience with the Desktop App/ Mobile App a productive one. However, the Company cannot always foresee or anticipate technical or other difficulties. The Services may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the Services are provided AS IS, without warranties of any kind. the Company does not assume responsibility for the timelines, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

The Company and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Desktop App/ Mobile App, and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Company will not be responsible for any liability arising out of delay in providing any information on the Website/Mobile App.

Not an Investment Advisor, Planner, Broker or Tax Advisor

Neither the Company nor the Services are intended to provide any legal, tax or financial or securities-related advice unless an explicit statement is made to the contrary. You agree and understand that the Company is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor.

Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation, especially in the absence of all details being provided to the advisor who is providing Services.

The Company may merely facilitate the above Services via any Third-Party service provider/ Intermediary/Expert but is not responsible for the nature of advice received from such Experts.

Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisors who are fully aware of your individual circumstances. Please use your discretion and judgment before implementing any advice received on the Application.

D. DISCLAIMERS OF WARRANTY

You expressly understand and agree that your use of the Services and all information, products, services and other content (including that of the third parties) included in or accessible from the Services is at your sole risk.

The Services are provided on an as is and as available basis. The Company and its service providers expressly disclaim all warranties of any kind as to the services and all information, products, services and other content (including that of the third parties) included in or accessible from the Services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the company and its third-party service providers are not responsible for the accuracy or reliability of any data from any third party or for any interruptions in the availability of any services, whether as a result of actions by the company, or any third party.

The company makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the desktop app/ mobile app or of the services (whether or not sponsored by third party service providers), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.

The company makes no representation, warranty or guarantee that the content that may be available through the services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information. Categorization of your transactional information within the services is estimation provided for your information only, and the company disclaims all warranties of accuracy for any use, including without limitation, tax deduction. The company and its service providers make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the company or its service providers or through or from the company or its service providers, will create any warranty not expressly stated in these terms.

E. DISCLAIMER ON CONTENT

The content of the courses on the Desktop App/ Mobile App do not constitute any offer or solicitation to offer or recommendation or endorsement of the activities being explained in the said courses. There is also no guarantee regarding the quantum of earnings/other milestones detailed in the courses that can be achieved by watching the courses. These courses are for educational purposes only and have been prepared to create knowledge and awareness about various facets of agriculture/farming, personal finance and small business, among others. The Company is not affiliated with the government or with any department thereof, unless there is specific claim of such affiliation made by the Company. The contents of the courses do not take into account your individual needs, career/financial objectives and specific financial circumstances. Any representation received from a third party professing to be affiliated with the Company, offering to provide/facilitate/assist with any financial service are false and the Company is not liable or responsible for such representations. The Company is also not responsible for any representations made by any third party on the Website/Mobile App. Watching the courses does not guarantee success in any field as there are various factors that contribute to success in any area and the Company cannot be held to be responsible for any direct or indirect loss incurred by you as a result of watching and/or implementing the ideas professed in the courses. The Company is also not liable to ensure the continued accuracy of the information available on published courses, although the information is accurate to the best of its knowledge as on the date of publication of each course. The Company also retains the right to edit or deactivate or delete any of its courses, or parts thereof, at any time.

F. LIMITATION OF LIABILITY

You agree that neither the Company nor any of its affiliates, subsidiaries, licensors, suppliers, service providers, third party developers, account providers or any of their affiliates will be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of the Company has been advised of the possibility of such damages, resulting from:

• the use or the inability to use the services
• the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the company
• unauthorized access to or alteration of your transmissions or data.
• statements or conduct of anyone on the service.
• the use, inability to use, unauthorized use, performance or non-performance of any third-party account provider site, even if the provider has been advised previously of the possibility of such damages. Or (vi) any other matter relating to the services.

Neither the Company nor any of its affiliates, directors, officers or employees, will be liable or have any responsibility of any kind for any direct or indirect loss or damage that you may incur in the event of any failure or interruption of this website/mobile app, or resulting from the act or omission of any other party involved in making this Application or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the desktop app/mobile app or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the website/mobile app or of any vendor providing software or services support. In no event, will the company be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind.

A. Service Changes and Discontinuation

The Company reserves the right to discontinue or suspend, temporarily or permanently, the Services, by giving 48 (forty-eight) hours’ notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website/Mobile App or maintain the security and integrity of the Services. You agree that the Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.

B. Customer Service Requests

If you request customer service assistance or report a problem with the Services, it may be necessary for the Company to access your Desktop App/ Mobile App account and view your account information.

C. Obey the Law

You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

Currently, the Desktop App/ Mobile App does not permit or contain any feature that permits connecting with or following other members of the Desktop App/ Mobile App.

As part of the Services, the Company may, in the future, allow you to post content on bulletin boards, blogs, messages, chat rooms, calling or other message or communication facilities (collectively, Fora and individually Forum) and at various other publicly available locations on the Application. These Fora may be hosted by the Company or by one of its third-party service providers on the Company’s behalf. While posting any content, you agree to follow certain rules, including but not limited to the following:

• You shall be solely responsible for all content you post on the Desktop App/ Mobile App.
• you agree to use them only to send and receive messages and material that are proper and related to the Desktop App/ Mobile App and/ or the particular Forum in which you are issuing a communication. Forbidden communications include but are not limited to the following illustrative list, which you shall agree not to do:
1. Defame, harass, abuse, stalk, threaten insult, harm, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
3. Upload files that contain software or any other material protected by intellectual property laws (or by rights of privacy and /or publicity) unless you own or control the rights there to or have received all necessary consents
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or that will affect the functionality or operation of the Mobile App/Website or of any related website, other websites, or the Internet;
5. Conduct or forward surveys, contests, or chain letters or in any other manner, spam, phish, pharm, pretext, spider, crawl, or scrape;
6. Download any file posted by another user of a Forum that you know, or that you are reasonably expected to know, cannot be legally distributed in such manner.
7. Use the Mobile App/Website and/or its Fora for any unlawful purpose and/ or to solicit others to perform or participate in any unlawful acts.
8. Violate any international, national, state statutes regulations, rules, laws, or local ordinances;
9. Collect or track the personal information of others;
10. for any obscene or immoral purpose; or
11. Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
• By submitting content to us, you represent that you have all necessary rights and hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Website/Mobile App and the Company’s business, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels.
• You also hereby grant other users of the Services a non-exclusive license to access your posted content through the Website/Mobile App, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Website/Mobile App and under this Agreement and the respective Agreements executed with such other users.
• You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure, or that negatively affects the availability of the Service to others.
• Except where expressly permitted, you shall not post or transmit charity requests, petitions for signatures, franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), community memberships, chain letters, or letters relating to pyramid schemes.
• You shall not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such a purpose.
• You shall not copy or use personal, identifying or business contact information about other users of the Services without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
• You agree that the Company may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant the Company a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty- free license to use the feedback you provide to the Company in any way.
• You agree to also comply with Community Guidelines, in addition to the terms of this Agreement.

We reserve the right to terminate your use of the Desktop App/ Mobile App for violating any of the prohibited uses detailed above or any other use that is deemed to be incorrect at the sole discretion of the Company.

We have an obligation to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Agreement.

You agree that your activities on the Desktop App/ Mobile App will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false phone number, email address and/or pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

D. Access and Interference

You agree that you will not:

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website/Mobile App, or any portion of the Website/Mobile App, without the Company’s express written consent, which may be withheld at the Company’s sole discretion.
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website/Mobile App, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer).
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website/Mobile App or the Services.
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Desktop App/ Mobile App or the Services.
• You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes other than as provided herein without the prior written consent of the Company. The Company reserves all rights not expressly granted in Desktop App/ Mobile App and its contents.

E. Restrictions on Commercial Use or Resale

You agree not to resell or make any commercial use of the Services. They are being provided for personal use only.

F. Endorsements

All product and service marks contained on or associated with the Services that are not Company marks are the trademarks of their respective owners. The Company would require you to respect the same. References to any such names, marks, products or services of third parties or hypertext links to third party sites or information does not imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service.

G. Force Majeure

Under no circumstances shall the Company and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, epidemics/pandemics, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

H. Indemnification

You agree to indemnify, defend, hold harmless, protect and fully compensate the Company, its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers, agents, contractors, sub-contractors, suppliers, interns, and directors, from any and all third-party claims, liability, damages, expenses and costs (including but not limited to reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of the Agreement or the documents it incorporates by reference and/or your infringement, or infringement by any other user of your Account, or your violation of any law or the rights of a third-party of any intellectual property or other right of anyone.

I. Electronic Communications

This Agreement and/or any notices or other communications regarding the Services may be provided to you electronically, and you agree to receive communications from the Company in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, registered mobile number or as a push notification on the Desktop App/ Mobile App, or in any other electronic form. All communications in electronic format will be considered to be 'in writing'. Your consent to receive communications electronically is valid until you revoke your consent by notifying the Company of your decision to do so. If you revoke your consent to receive communications electronically, the Company shall have the right to terminate the Services at its sole discretion.

J. Assignment

You shall not assign your rights and obligations under this Agreement to any other party without the consent of the Company.

The Company may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

K. Exclusive Agreement

You agree that the Agreement is the complete and exclusive statement of contract between you and the Company and supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Company and its Third-Party Service Providers or processing bank/merchants relating to the subject matter of the Agreement. The Agreement, as may be amended from time to time, will prevail over any subsequent oral communications between you and the Company and/or the merchant / bank.

L. Arbitration

Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by the Company and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event you and the Company are unable to reach an agreement on the sole arbitrator, a panel of three arbitrators shall be appointed, of which one shall be appointed by each party, and the presiding arbitrator by the two arbitrators. The seat and venue for arbitration shall be Bengaluru. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.

M. Governing Law and Jurisdiction

The Website/Mobile App specifically prohibits you from usage of any of its Services in any countries or jurisdictions where any of the stipulations of this Agreement may be rendered void. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Bengaluru having exclusive jurisdiction.

N. Contact Us

You can contact the Company at the email id support@bosswallah.com