LEGALLY BINDING NATURE OF THESE TERMS:
The Platform(s) are online platforms that supports and facilitates Users to create a student profile in order to get access to benefits such as getting information to events. The Platform(s) can not be accessed without any registration. However, We shall be enabling registrations through which You can register with Us and enjoy Our Services from one single account on the Platform(s). For such registration, You shall register as per the terms detailed hereunder. On registration on the Platform(s), You shall have an option to create a User Profile (“User Profile”) through which You can avail Our Services. Hyfunn shall not be held responsible for (i) the acts and/or omissions of the Users; (ii) the contents posted by the Users.
CREATION OF USER PROFILE:
You have to compulsorily apply for registration and create a User Profile to avail the Services. You can apply for registration through Your e-mail id On registration, Your account with Hyfunn shall be created after which You will be required to choose a username and password and create Your own User Profile. You shall be responsible for maintaining the confidentiality of the account information and to prevent unauthorized access to Your account as You shall be fully responsible for all activities that occur through Your account. You shall: register in Your own name only and all account information provided by You will be accurate, complete and up-to-date; not pass yourself off as someone else or create multiple and/or false accounts; promptly update any of Your account information in case of any change in the same and also update any new account information as required by Us to do so immediately notify Us of any unauthorized use of Your account or any breach of security. You may be held liable for any loss incurred by Hyfunn or any other third party due to any authorized or unauthorized use of Your account and You shall be responsible to indemnify Us for the same. The features on different categories of User Profiles may differ. You must provide us with accurate personal data. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform(s). You expressly agree to (i) maintain and promptly update the User Profile, and any other information you provide to Hyfunn, to keep it accurate, current and complete; (ii) maintain the security of your password and identification; (iii) notify Hyfunn immediately of any unauthorized use of your User Profile or other breach of security; (iv) accept all responsibility for any and all activities that occur under your User Profile; and (v) accept all risks of unauthorized access to any information that is made available to a Company / prospective Company through the Platform(s) by Hyfunn or by the User directly.
NO TOLERANCE POLICY
There would be no tolerance for objectionable content created by user because we have taken preventive measures as follow:
TERMINATION/SUSPENSION OF USER ACCOUNT:
We reserve the right to terminate or suspend Your account and/or restrict or suspend Your access to the Services or any part thereof, at Our sole discretion, without giving any notice or reasons thereof. You acknowledge, consent and agree that We may access, preserve, suspend or delete Your account, information and access to Platform(s) and/or Services or any part thereof and disclose relevant information, if required to do so by law or if We (in good faith) believe that such act is reasonably necessary, under the following circumstances (non-exclusive list): You are in breach of any term or condition of these Terms; or You are in breach of any laws that are applicable to You; or Your use of the Service disrupts Our business operations or affects rights of any other party; or You have behaved in a way, which objectively could be regarded as inappropriate or would bring Us into disrepute; or You have not used Your account for a reasonably long time, which in Our opinion would render the account to be dormant. If the information of Your demise has been received by Us. We may suspend access to the Services or require You to change Your password if We reasonably believe that the Services have been or are likely to be misused, and We will notify You accordingly. We may constantly monitor Your account and User Profile in order to avoid fraudulent accounts or profiles. We reserve the right to immediately delete such account and/or initiate legal proceedings under applicable laws, against such Users for fraudulent use of the Platform(s) and any other unlawful acts or omissions in breach of these Terms. Any suspension and/or termination of Your account with Us, will not affect Your liability to Us, as may be previously incurred by You.
COMPANY’S RIGHTS AND OBLIGATIONS:
INTERRUPTION OF SERVICES:
You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events and We shall not be responsible for any interruption of Services and/or loss of any data, while transmitting information on the Platform(s) or otherwise. Our Platform(s) may be unavailable from time to time for any reason including, without limitation, maintenance. You understand and acknowledge that access to the Platform(s) may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Services or Platform(s) and Hyfunn may change and/or discontinue its Services and/or any method of operation of such Services or any part thereof. We reserve the right to limit the provision of Our Services to any person or geographic region. We may exercise this right on a case-by-case basis, as and when deemed fit by Us.
’’Hyfunn will send marketing e-mails and / or sms where You have provided consent for the same.’’ We offer regular emails, including a weekly update, to let You know about new updates and services. We may personalise the message content based upon any information You have provided to Us and Your use of the Platform(s). We may use information which we hold about You to show you relevant advertising on third party websites (e.g. Facebook, Google, Instagram, Snapchat and Twitter). This could involve showing You an advertising message where We know You have a Hyfunn User Profile and have used Our Services. If You don’t want to be shown targeted advertising messages from Hyfunn/ some third party websites allow You to request not to see messages from specific advertisers on that website in future. The User hereby agrees that Hyfunn may share the personal information of a User with other entities, provided that such other entities conform to the data protection policies of Hyfunn.
INTELLECTUAL PROPERTY RIGHTS:
“IPR” for the purpose of these Terms, shall mean all copyrights (including without limitation the exclusive right to reproduce, distribute copies of, display and perform the copyrighted work and to prepare derivative works), copyright registrations and applications, trademark rights (including, without limitation, registrations and applications), patent rights (whether registered or unregistered), trade names or business names, registered and unregistered design rights, mask-work rights, trade secrets, moral rights, author’s rights, rights in packaging, goodwill and other intellectual property rights, and all renewals and extension thereof and all rights or forms of protection of a similar nature or having an equivalent or similar effect to any of the above, which may subsist anywhere in the world, regardless of whether any of such rights arise under the laws of India or any other state, country or jurisdiction. You may not do, or try to do, the following, without express written permission from Hyfunn: access or tamper with non-public areas of the Services, Our computer systems, or the systems of Our technical providers; access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that We provide; forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; interfere with, or disrupt, the access of any User, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services and/or Platform(s), or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services and/or Platform(s); reproduce in whole or in part any portion of the Services and/or Platform(s) We own and have the right to use all IPR to and into the trademark "HYFUNN", and the Platform(s) and its Services, including, without limitation, compilation of all content, software, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, images, logos, digital downloads, data compilations, and software, source code, meta tags, databases, text, content, graphics, icons, logos, digital downloads, data compilations, software used on such Platform(s) with the exception of information gathered from other websites and third party advertisments. Any IPR reproduced in the Platform(s) for marketing or any other purpose, which is not the property of Student Identify, is duly acknowledged or licensed. ”
The Platform(s) and/or e-mails You may receive from Us, may contain links to other websites and the Platform(s) may make available general third-party information such as advertisements, including videos and other data from external sources (“Linked Sites”). We are providing these links to You only as a part of Our Services, and the inclusion of any material does not imply any endorsement of the Linked Sites by Us or that We have any association with its operators or owners. The Linked Sites are not under Our control and We are not responsible for the contents of any Linked Site and therefore, not responsible for any form of transmission, whatsoever, received by You from any Linked Site. You are requested to verify the accuracy of all information on Your own before undertaking any reliance on such information available on the Linked Sites. We do not provide any guarantee with respect to any the Linked Sites and shall not be held liable for any loss suffered by You based on Your reliance on or use of such data made available on the Linked Sites. The types and extent of Linked Sites, including any advertising by Us and/or third-parties on the Platform(s) are subject to change. In consideration for Us granting You access to and use of the Platform(s), You agree that We and Our third-party providers and partners may place such advertising and other Linked Sites on the Platform(s). Responsibility for ensuring that materials on the Linked Sites, included on the Platform(s) complies with applicable international and national law is exclusively on the party providing the Linked Sites. Your correspondence or business dealings with, or participation in promotions or advertisements on such Linked Sites found on or through Platform(s), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such advertiser and/or promoter of the Linked Sites. We will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other Linked Sites on the Platform(s).
LINKING OUR WEBSITE:
LICENSING OF PLATFORM(S):
All right, title, and interest in and to the Platform(s) shall remain the exclusive property of Hyfunn. The Platform(s) are protected by copyright, trademark, and other laws of both India and foreign countries. Nothing in these Terms gives You a right to use Our name or any of Our IPR. Subject to Your strict compliance and acceptance of these Terms at any and all times during Your use of the Platform(s), We grant You a limited, non-exclusive, revocable, non-assignable and non-transferable right and license to use Our Services provided as part of the Platform(s) strictly as permitted in accordance with these Terms and any other terms applicable to those Services from time to time.
DISCLAIMER OF WARRANTIES AND LIABILITIES:
It is Our goal to offer reliable quality of Services. However, We offer no guarantees or warranties. You accept the content on the Platform(s) in a “as is” and "as available" basis. To the extent that You make any reliance upon the content from this Platform(s), You do so at Your own risk. Hyfunn offers no guarantee nor warranties that there would be a satisfactory response or any response at all once insertion or information/data is fed by the User. Hyfunn neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective Company/organization which downloads the insertion or information/data and uses it to contact the User. Hyfunn would not be held liable for loss of any data technical or otherwise, or of the insertion or information/data or particulars supplied by User due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Our reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities. Hyfunn shall in no way be held liable for any information received by the User and it shall be the sole responsibility of the User to check, authenticate and verify the information/response received at its own cost and expense. It shall be the sole prerogative and responsibility of the Company to check the authenticity of all or any response received. Hyfunn assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the User may so do, pursuant to the receipt of the response, if any, to the insertion or information/ date being uploaded. Hyfunn does not confirm the accuracy of the postings. No warranties are made that the Platform(s) will be available on a consistent basis, that defects in the Platform(s) will be corrected in a timely manner or that the Platform(s) will be free of viruses or other harmful materials. We are not liable to You or any third party for any omissions, errors, inaccuracies, delays, failures, interruptions, viruses, defects, deletions, failure in networks or communications lines, destruction, theft or unauthorized access to Your network, system or computer. We assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform(s); and/or any interruption or errors in the operation of the Platform(s). We make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform(s). You shall accept sole responsibility for, and We shall not be liable for, any use of the Services by You or any other third-party and You shall hold Us harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use. The Services are provided by Us without warranties of any kind, whether express or implied or statutory or otherwise. Without limiting the foregoing, We do not warrant that the Services or any part thereof will meet Your requirements or that the Services or any part thereof will be available at any particular time or location, uninterrupted or secure. We are not liable for the privacy of any information made available on Our Platform(s) or otherwise connected with Your use of the Service. We will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Services, including payment for Services provided by a third party even if such Services are the result of You meeting any third-party through the Platform(s). We are not responsible for any damages, injury or economic loss arising from the use of Services provided by Us. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, whether in tort or contract or under any applicable law and shall apply to the maximum extent permitted by applicable law.
COMPLIANCE WITH LAWS:
You shall be solely responsible for compliance of all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority, statutory authority, tribunal, board or court in India or outside India (“Applicable Laws”) for: Use of the Platform(s); or Use of any Services available on the Platform(s).
To the extent permitted by applicable laws including without limitation the Information Technology Act, 2000, Telecom Commercial Communications Customer Preference Regulations, 2010 and other applicable regulations of TRAI, You agree to indemnify, defend and hold harmless Hyfunn (and Our holding, subsidiary, affiliates, officers, directors, employees and agents) from and against any and all losses, liabilities, claims, damages, 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 virtue of or arising from any suit, action or proceeding, including any complaint or loss or damage or claim for compensation by any third party due to: (i) any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms, (ii) Your use of and access to the Service; (iii) Your violation of any provision of these Terms; (iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right or other IPR; or (v) arising out of non-compliance with any applicable law and rules or regulations by You.
GOVERNING LAW AND DISPUTE RESOLUTION:
We will try to solve any disagreements quickly and efficiently. If You are not happy with the way We deal with any disagreement, You may wish to take court proceedings. Our rights and obligations pursuant to these Terms are governed by, and shall be construed in accordance with, the laws of India and the place of jurisdiction shall be exclusively in Mumbai. You waive Your right to institute legal proceedings in any other jurisdiction. However, We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms in any jurisdiction where You reside, do business or have assets.
We may, from time to time, invite or provide You with means to provide feedback regarding the Platform(s), and in such circumstances, any feedback You provide will be deemed non-confidential and We shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
We encourage You to contact Us in case You have any queries regarding these Terms or otherwise at firstname.lastname@example.org. Further, if You would like to report the demise of a Hyfunn user, please contact us at email@example.com.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: E-mail id: firstname.lastname@example.org