These terms of use govern your access to the HikeLand application (the "Application") and access to and use of services offered through the Application (collectively, "Services") and constitutes a binding legal agreement ("Terms") between you ("you", "your" or "yours") and Hike Private Limited, having its registered office at Bharti Crescent, 1, Nelson Mandela Road Vasant Kunj, Phase - II New Delhi – 110070, India (formerly Hike Limited) (hereinafter referred to as "Hike" / "we"/ "us") (which expression shall include its successors and assigns).
By downloading, installing or using the Application and/or the Services, you signify your agreement to be bound by the Terms. Your continued use of the Application and/or the Services offered through the Application will imply your acceptance of the conditions contained under these Terms.
These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000) and is generated by a computer system and does not require any physical or digital signatures.
Please read these Terms carefully before you use the Application, or any Service offered by Hike through the Application. These terms control the relationship between Hike and you. They do not create any third party beneficiary rights.
1. Application; Your Account
Application: The Application is an online platform which enables you to engage in peer-to-peer (P2P) interaction with other users and avail Services made available through the Application. Hike's Services include but are not limited to instant messaging services, audio and video calling etc. The Service includes allowing you to assemble your own personalized avatar using the elements that we provide on the Application and may interchangeably refer to product, personalized stickers, or your personalized avatar (hereinafter referred to as “Hikemoji”). Hike may at its discretion allow you to use some of these Services free of charge and some features may be chargeable (refer to “Payment Terms” below). Our Services are very diverse and additional terms or product requirements may apply to certain Services. These additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.
More information about the Application and the Services is available on Hike's website at www.hike.in ("Site").
You can download the Application from third party application stores such as Google Play, Windows Store and Apple App Store, subject to the terms and conditions and the privacy policy of such third party application stores.
Your Account: You can use and/or access the Application and the Services by creating an account on the Application using your mobile device. You agree that your use and/or access to certain Services may require creation of a ‘Hikemoji’ by you and/or any additional authentications at Hike’s sole discretion. By using the Application, you agree to ensure confidentiality of your account, password credentials and for limiting access to your mobile device to prevent unauthorized use of your account on the Application or any unauthorized access to and use of the Services using your credentials. You will be responsible for any activity under your account or password and for informing us immediately if you have any reason to believe that your password is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
You are responsible for all activity that occurs in your Hike account. By using the Services, you agree that:
Your Access to the Application: We will endeavor to ensure error-free availability of the Application or Services or contents thereof to you, however your access to the Application may occasionally be suspended or restricted for repairs, maintenance, or updating the Application at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.
You are responsible for any mobile charges that you may incur by accessing the Application or Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Application or the Services.
2. License
Subject to these Terms, Hike grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to use and/or access the Application or Services (including the content made available through the Application or Services, other than the “OTT Content”) provided that: (a) you will use the Application and/or Services solely for lawful purposes; (b) you will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Application (including its content) and/ or Services; (c) you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form); (d) you will not use any meta-tags or any other 'hidden text' utilizing Hike's name or trademarks; (e) you shall not make available any of the Services over a network or other environment permitting access or use by multiple users at the same time or where it could be used by multiple devices at the same time, whether or not the same is for commercial use; and (f) you shall adhere to any other usage rules or terms of service of any third party whose website or application that the Application directs/redirects you to.. Any unauthorized use of the Application and/or Services terminates the permission or revokes the license granted herein.
3. Third Party Content
You acknowledge and agree that the Application and Services may permit use of and/or access to content, advertisements, recommendations, information or any other type of material provided by OTT service providers ("OTT Content"). You agree that Hike may present you with an option to tap on one or more links to the OTT Content provider’s website, application for accessing such OTT Content. You accept all risks by tapping on any such links and being redirected to OTT Content provider’s platform and you agree to adhere to age/content rating on such platform prior to accessing the relevant content.
Certain content or services made available through the Application or the Services may have been created, published, provided or shared by other users, publishers, and other third parties or may be provided using third party software (except those providing OTT Content) ("Third Party Content/ Services"). Such Third Party Content/Services is the sole responsibility of the person who published/submitted/transmitted the Third Party Content/Services. By using the Application and/or Services, you agree that Hike or its affiliates will not be responsible/liable for any such Third Party Content/Services in any manner whatsoever.
You acknowledge and agree that your access to and use of OTT Content through the Application or Services shall be governed by and require acceptance of the terms of use (by whichever name called) of such OTT Content provider prior to accessing the OTT Content. You agree that such terms of use (by whichever name called) are subject to change by such applicable third party at its sole discretion and without any prior notice.
You acknowledge and agree that these Terms do not grant you a license to: (i) the OTT Content; (ii) any products, services, processes or any other features that is being offered by such OTT Content; (iii) any intellectual property rights in any OTT Content or in any products, services, processes or any other features that are being offered by such OTT Content.
You acknowledge and agree that the provision of access to any OTT Content through the Services shall not either directly or indirectly constitute as an endorsement of the OTT Content or the OTT Content provider by Hike and/or its affiliates.
By using the Application and/or Services, you agree that Hike and/or its affiliates will not be responsible/liable for any such OTT Content in any manner whatsoever. Hike does not make any representations, warranties with respect to the quality, suitability, functionality or legality of any product, services, offerings, information that may be advertised or forms part of the OTT Content provider’s service and/or platform. Accordingly, Hike shall not be party to or in any way responsible for any access, transaction, and/or usage or otherwise that may occur between you any third party and you are expected to use your judgment while transacting with any such third party.
You agree that Hike is merely enabling access to the OTT Content through the Application and that such OTT Content is owned by relevant third parties.
You agree to follow the viewing/age/content restrictions while accessing and/or using the OTT Content.
You acknowledge and agree that any intellectual property rights in any OTT Content or in any products, services, processes or any other features that are being offered by such OTT Content, vests with the relevant OTT Content provider or as per the terms of use of such OTT Content Provider with any other party, the other party not being you.
You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or other purpose any Third Party Content/Services or OTT Content. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form). Hike does not guarantee the validity, fitness for a particular purpose, veracity, accuracy or legal status or confidentiality with respect to the Third Party Content/Services or the OTT Content.
You agree that you will not use the Third Party Content/Services or the OTT Content in any manner that would infringe or violate the rights of the party and that Hike shall not be liable for any such acts by you or any person authorized by you.
We may use YouTube API Services to provide certain Services, in which case You agree and acknowledge that if You use the said Services, You agree to be bound by the YouTube Terms of Service provided here: https://www.youtube.com/t/terms. You agree to be solely responsible to keep track of any changes that may be made to these aforesaid terms by the relevant party.
4. Your Content
The Application or Services may allow you to assemble, create, upload, share and/ or store content, information including but not limited to photos, profiles (including your name, images, and voice, excluding Hikemoji), stories, messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time (collectively, "Content")
By posting your Content through the Application or the Services, you grant Hike and our affiliates, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, modify, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Application or Services. In the event you or any other person appears in any Content submitted to Hike by you, you grant Hike an unrestricted, worldwide right and license to use your name, likeness, poses, personal characteristics and voice. This means, among other things, that you will not be entitled to any compensation from Hike or our affiliates if your name, likeness, or voice is conveyed through the Application or Services. In addition, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Content posted by you in any form and in any and all media or distribution methods (now known or later developed).
Hike does not assert any ownership over the Content (excluding Hikemoji and features and stickers associated with it) and subject to the rights granted to Hike in these Terms, you retain full ownership of the Content and proprietary rights associated with it.
You will be solely responsible for all Content that you upload, transmit, share or display through the Application or Services. Hike does not guarantee the validity, accuracy or legal status or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, broadcast, transfer or disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
You agree and acknowledge that if you transmit any Content through the Application, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant Hike and our affiliates all of the license rights granted herein.
In order to enable you to access your data from any of your devices without relying on third-party services or local device storage, you authorize Hike to store your information including but not limited to your chat history, messages, photos, videos, documents, Your Content, on Hike’s Servers. Information/Data stored on Hike’s Servers is encrypted using 128-bit encryption. We reserve the right to set storage limits and we may change these limits from time to time at our sole discretion.
This action must be confirmed via your Hike account and cannot be undone.
If you stop using the Services either temporarily or permanently and/or are inactive on the Application for at least 90 (ninety) days, Hike reserves the right to delete all your information stored on Hike’s Servers.
Subject to applicable laws, upon deletion of your Hike account, Hike will immediately delete all your Content (including Hikemoji) from its database and servers, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your messages, status updates, profile picture updates, materials / files shared by you) stored by your contacts/ friends locally on their devices may remain even after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of Hike who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated time-stamp) stored by your contacts may remain after you delete your account till it is deleted by such contacts. The submission of your 'last seen' time is done on an automatic basis.
You agree and acknowledge that when Content or information is uploaded, posted or shared by you on a public group, you are allowing users who are members of such a public group to access and use the content and information you post in such group.
5. Ownership
You acknowledge and agree that the Application, the Services, including without limitation any content available on the Application (except OTT Content); insights, data and intelligence that are gathered from the use of and/or access to the Application and/or the Services and/or Third Party Content/Services; and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of Hike and its licensors, as applicable. All content related to Hike corporate and business activities embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Hike or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Application and Services (except OTT Content) is also the exclusive property of Hike and is protected by applicable laws.
You agree and acknowledge that the data pertaining to the Application including your Content is hosted on the servers employed by Hike (whether owned by itself or licensed from any other third party) (“Hike’s Servers”).
All software used on the Application and the Services is the property of Hike or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application or the Services is strictly prohibited.
All Hike graphics, logos and service names are trademarks of Hike or its affiliates. Hike’s trademarks must not be used in connection with any product or service that is not Hike's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hike. The logos and trademarks of third parties on the Application belong to respective third parties / brands.
Hikemoji(s) created by you are owned exclusively by us, and we reserve the right to use any such Hikemoji for any purpose, including to promote our products and services.
Should you develop or be deemed to have any rights in a Hikemoji, you irrevocably and unconditionally assign to Hike absolutely, with full title guarantee and free from any and all encumbrances, all of your right, title, and interest in and to such Hikemoji.
6. Privacy Policy
Please read our Privacy Policy to understand our practices which govern your use of the Application. Any information (including your personal information and/or sensitive personal data or information) provided by you on the Application will be collected, stored, processed, transferred or shared by us and our affiliates in accordance with our Privacy Policy. These Terms are deemed to incorporate the Privacy Policy posted on this Site.
7. Your Conduct
You shall be solely responsible for all Contents that You upload, transmit, share or display through the Application or the Site. Hike does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate these Terms. You further agree that Content you transmit over the Application or Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant Hike all of the license rights granted herein.
You represent and warrant that: (i) your use of the Application or the Services will be solely for purposes that are permitted by these Terms; (ii) you will provide true and accurate information (including your mobile phone number and other numbers in your address book) for use of the Application or the Services; and (iii) your use of the Application or the Services will at all times comply with applicable laws.
You must not use the Application or the Services for fraudulent purposes or in connection with a criminal offense or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.
You agree and acknowledge that in the event that you violate clause 7 above, Hike will have the right to remove any such content or information posted by you or disable or delete your account if Hike deems appropriate.
You agree not to incorporate the Third Party Content/Services into, or stream or retransmit the Third Party Content/Services via, any hardware or software application.
You shall not infringe or violate third-party rights, including intellectual property rights and other proprietary rights, confidentiality, privacy rights, or rights of publicity, including those of third party software providers.
You are responsible for your interactions with other users. If you have a dispute with another user, you release Hike and our affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.
Hikemoji
In addition to the other Terms herein, you shall not:
8. Community Guidelines
Please read our Community Guidelines to understand how you need to conduct yourself while using our Application or our Services. These Terms are deemed to incorporate the Community Guidelines posted on this Site.
9. Modifications in Service
Hike reserves the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Service(s), including the mode of providing the Service, without any cause and/or without any notice to you. You agree that Hike and its affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services.
10. Payment Terms
To use certain features of the Service or the Application you may be required to select a plan from the available plans on our app (the “Plan”) and pay a certain fee (by whichever name called) using one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
The fee that will be required to be paid will depend on your selection of the relevant Plan. The duration of each Plan shall be as decided and as communicated by us from time to time. Post expiry of the Plan, you shall be required to make the payment for continuing to use the select feature. The Plan shall not renew automatically, and the end of the Plan duration shall mark the end of the Plan unless otherwise renewed by you.
For some Payment Methods, the issuer may charge certain fees, such as transaction fees or other fees, charges, taxes relating to the processing of your Payment Method and you shall be solely responsible for such payment. When your purchase of the Plan is complete, the issuer may send you a confirmation email/sms.
In the event a payment is not successfully settled for any reason, Hike shall not be responsible for the same in any manner. You agree and acknowledge that payment is being facilitated by third party providers and we are not responsible for any part of the transaction and thus, bear no liability for the same. When you purchase a Plan using third party Payment Methods, Hike is not a party to the said transaction and your purchase will be governed solely by the relevant third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. Hike may utilize payment services provided by Google, in which case you agree and acknowledge that your transaction using such Payment Method shall be solely governed by Google Payments Terms of Service - Buyer.
You shall not be able to cancel any Plan once you opt for it and make payment towards the same.
You acknowledge that Hike is not required to provide a refund for any reason, and that you will not receive money or other compensation for any unused benefit or when you chose to suspend/terminate or delete your account with Hike for any reason. You agree that no refund shall be payable by us to you in any case, other than where we discontinue or terminate the Plan at our sole discretion any service or plan provided by us.
You agree that we may revise the pricing of the Plan or introduce new plans or suspend or terminate existing ones at any time.
11. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION OR SERVICES OR ACCESS OF OTT CONTENT OR THIRD PARTY CONTENT/SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE APPLICATION IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. HIKE AND/ OR ITS AFFILIATES (WHERE APPLICABLE) GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION OR SERVICES. HIKE AND/ OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
HIKE MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND/OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION AND/OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (H) ACCURACY AND APPROPRIATENESS OF CONTENT AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (I) CALL QUALITY (BOTH VOICE AND VIDEO) WHILE USING CERTAIN FEATURES ON THE APPLICATION. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIKE OR ANY PARTY OR THROUGH THE APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
WHILST HIKE WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, HIKE WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH HIKE THAT MIGHT OCCUR FROM TIME TO TIME INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION/ OR SERVICES.
12. Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance will Hike or its affiliates, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or the Services or OTT Content, or Third Party Content/Services following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Hike or any or all of its agents have been advised of the possibility of such damages. Notwithstanding anything to the contrary, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the amount paid by you, if any, for using any Services giving rise to the cause of action or Rupees one thousand only (Rs. 1000), whichever is lesser.
13. Indemnification
You agree to indemnify, defend and hold harmless Hike, its subsidiaries, affiliates and agents and each of 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 Application and/or Services and/or OTT Content and/or Third Party Content/Services; (ii) any breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or misconduct; and (vi) your Content. These obligations will survive termination of these Terms.
14. Force Majeure
Hike will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Hike's reasonable control.
15. Children
The Application and/or the Services must only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If you are a minor (i.e. you are under the age of 18 years), you may use the Application or Services only under supervision of your parent or guardian.
16. Communications
Hike may communicate with you through email, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from Hike including in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from Hike.
We may allow you to use the Services to initiate SMS or text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that Hike does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.
17. Amendments to this Agreement
Please review these terms regularly. We may in our sole discretion modify or amend these Terms from time to time without any prior notice. Your use of the Application or Services upon publication of such modified or amended terms will constitute your deemed acceptance to the modified or amended Terms.
18. Entire Agreement
You agree that these Terms read with the terms of the Privacy Policy and/or any other terms/ policies relating to the Application and/or Services posted by Hike on the Application and/or on the Site will constitute the complete agreement between you and Hike and supersedes any and all proposals, representations or prior agreements, oral or written, and any other communications between you and Hike relating to the subject matter of these Terms.
19. Severability
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
20. Waiver
If you breach these Terms and Hike takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
21. Governing Law
These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at New Delhi, India for all disputes arising out of or relating to these Terms.
22. Customer Support
In case where you have any queries pertaining to the Application or its Services, you may contact our customer service at [email protected] or tap on Settings on our Application and go to ‘Help & Support’.
23. Grievance Officer
In the event you have any complaints or grievances regarding usage of Application or its Services, please contact Priyanka Yerranagula at [email protected]. The address for sending any correspondence in this regard is as follows:
Hike Private Limited, 910, 911, Ninth Floor, Westend Mall, Janakpuri, Near District Centre, New Delhi - 110058, India
Attention: Grievance Officer
The complaints will be redressed in the manner provided under the Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules framed thereunder. We will acknowledge the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint.
24. Right to Take down
You understand and agree that Hike may takedown, delete or remove any content available on the Application or in relation to its Services in its sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).
25. Forfeiture
Hike reserves the right to forfeit any account which Hike determines as - inactive, violative of intellectual property rights, violative of these Terms or misleading in nature.
26. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at [email protected].
27. Report Abuse
If you in good faith believe that any content made available through the Application is offensive or opposed to public policy, you may choose to report any such content. We may review such content and remove the content at our discretion and/or as mandated by applicable laws.
28. Additional Audio and Video Call Terms
You understand that Hike does not provide calling or connections to telephone numbers and Hike’s audio and video calling services can be used only within the closed Hike network.
Video and voice call: You understand that you may be able to use Hike’s video/voice calling feature to call other Hike users (limited in number at Hike’s sole discretion) while using certain features within the Application.
Emergency Calls: You understand and agree that the Service is not capable of placing or receiving emergency services calls.
hike to Offline: Hike permits you to send a message to other Hike users who may be offline. For this purpose, you authorize Hike to notify you if the user you are attempting to message is offline. You further authorize us to send your last posted message in the chat thread as an SMS to other user in the event that you click on the 'Send as SMS' button.
29. Other features including games
You understand that Hike may introduce (but is not bound to) certain features including games on its Application from time to time. These new features (including games) may have certain prizes/coupons/vouchers etc. associated with it as mentioned alongside the relevant feature. Hike reserves the right to, at its sole discretion, to modify the prize(s), rules (if any) or to cancel any feature (including games) at any time.
