Hubler Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.hubbler.app and www.hubbler.in website.

The domain name www.hubbler.mobi and www.hubbler.in(hereinafter referred to as "Websites") are owned by Hubler Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Villa 56, LGCL Ashlar, Kasavanahalli Main Road, Choodasandra Village, Bengaluru Rural Bengaluru - 560099, India (hereinafter referred to as “Hubler”).

Please read the conditions contained herein carefully before using the www.hubbler.mobi or www.hubbler.in websites or use of the software application HUBBLER or HUBBLER SCANNER (“Applications”) for mobile devices that were created by Hubler Private Limited. By accessing or using the Websites and services and tools and the Applications (collectively the “Services”), however accessed, you agree to be governed and bound by the following terms and conditions (“Terms of Use”) as applicable to the Services including the applicable policies which are incorporated herein by way of reference. If you transact on the Websites or use the Applications, you shall be subject to the policies that are applicable to the Services for such transaction. By mere use of the Services, you shall be contracting with Hubler Private Limited, and these terms and conditions including the policies constitute your binding obligations, with Hubler. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, if there is any conflict between the terms specific to the special feature and these Terms of Use, then such special terms shall override these Terms of Use.

For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the Services by providing Registration Data while registering on the Services as Registered User using the computer systems or mobile phones. Hubler allows User to surf the Services or making purchases without registering on the Services. The term “we”, “us”, “our” shall mean Hubler Private Limited.

When you use any of the Services, including but not limited to, (e.g. Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.

Basic Terms

1. Use of the Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Services. If you are a minor, i.e. under the age of 18 years, you shall not register as a member of Hubler and shall not transact or use Services. As a minor, if you wish to use or transact on Services, such use or transaction may be made by your legal guardian or parents on the Services. Hubler reserves the right to terminate your membership and/or refuse to provide you with access to the Services if it is brought to Hubler’s notice or if it is discovered that you are under the age of 18 years.
2. By using the Services, you shall be responsible for maintaining the confidentiality of your Login Name and Password or your access credentials whatever they may be (“Access Credentials”), and you shall be responsible for all activities that occur under your Access Credentials. You agree that if any information provided by you that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Services and refuse you access to the Services.
3. You are responsible for any activity that occurs under your Access Credentials, and you agree you will not sell, transfer, license or assign your account, followers, Access Credentials, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Hubler prohibits the creation of, and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Hubler upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. When you use the Services or send emails or other data, information or communication to Hubler, you agree and understand that you are communicating with Hubler through electronic records and you consent to receive communications via electronic records from the Hubler periodically and as and when required. Hubler may communicate with you by email or by such other mode of communication, electronic or otherwise.
5. The Services is a platform that Users utilize to meet and interact with one another. Hubler is not and cannot be a party to or control in any manner any transaction between the Services' Users. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Hubler is not responsible or liable for the conduct of any user. Hubler reserves the right but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content (defined below) or any personal or other information.
6. Membership on the Website is free for buyers. Hubler does not charge any fee for browsing on the Website. Hubler reserves the right to change its Fee Policy from time to time. In particular, Hubler may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Hubler reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website, and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Hubler Private Limited.
7. You agree, undertake and confirm that your use of Services shall be strictly governed by the following binding principles:
• You shall not host, display, upload, modify, publish, transmit, update or share any information which:
• belongs to another person and to which you do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• is misleading in any way;
• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
• promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright Complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person (with a minor or an adult);
• tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Services or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
• interferes with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services;
• refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Services or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent;
• violates any law for the time being in force;
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
• shall not be false, inaccurate or misleading;
• You agree that you will not solicit, collect or use the Access Credentials of other Hubler users.
• You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve our right to bar any such activity.
• You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• You shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered on or through the Services, by hacking, password “mining” or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of Services including any account on the Services not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Hubler, hubbler.mobi, hubbler.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Hubler or sellers on platform or otherwise tarnish or dilute any Hubler’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Hubler’s systems or networks, or any systems or networks connected to Hubler.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Services or any service offered on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Hubler and/or others.
• You are solely responsible for your conduct and any data, text, files, information, graphics, user interfaces, visual interfaces, Access Credentials, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Services.
8. It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Services you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
9. We depend heavily upon Users to let us know about Content that may violate our policies. After we are notified of a potential policy violation, we may review the content and take action, including restricting access to the content, removing the content, refusing to print the content and limiting or terminating a User’s access to Hubler products. Note that we may make exceptions to these policies based on artistic, educational, or documentary considerations, or when there are other substantial benefits to the public from not taking action. We may also remove content that violates applicable local laws. To report content that You believe should be removed based on local laws, please write to legal@hubbler.mobi.
10. Violation of these Terms of Use may, in Hubler’s sole discretion, result in termination of your Hubler account. You understand and agree that Hubler cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use or otherwise create risk or possible legal exposure for Hubler, we can stop providing all or part of the Service to you.
11. While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    1. Lack of authorization for any transaction/s, or
    2. Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
    3. Any payment issues arising out of the transaction, or
    4. A decline of a transaction for any other reason/s.

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. A website will not facilitate a transaction with respect to any other form of currency with respect to the purchases made on Website.

Before delivering your order to you, Hubler may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Further:
• Transactions, Transaction Price and all commercial terms such as Delivery of products and/or services are as per principal to principal bipartite contractual obligations between Hubler and buyer and payment facility are merely used by the Hubler and buyer to facilitate the completion of the Transaction. Use of the payment facility shall not render Hubler liable or responsible for either the non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Hubler’s Website.
• You have categorically authorized Hubler or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Hubler is on a principal to principal basis.
• You understand, accept and agree that the payment facility provided by Hubler is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Hubler Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Hubler is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
• Hubler reserves the right to refuse to process Transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by a buyer with Hubler or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
• The buyer acknowledges that Hubler will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond the control of Hubler.
• You release and indemnify Hubler and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Services and categorically waive any claims that you may have pursuant to this under any applicable law. Notwithstanding its reasonable efforts in that behalf, Hubler cannot take responsibility or control the information provided by other users which are made available on the Services. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Be cautious and practice safe trading when using the Services. There could be risks in dealing with underage persons or people acting under a false identity.

General Conditions

1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Hubler account by uninstalling the Hubler applications following normal application uninstall processes from your phone. If we terminate your access to the Services or you deactivate your account, your posts, cards, comments, likes, ratings, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your Access Credentials and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
2. Upon termination, all licenses and other rights granted to you in these Terms of use will immediately cease.
3. We reserve the right, at our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Services and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. We reserve the right to force forfeiture of any Access Credentials for any reason.
6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
7. There shall be links from the Services, or from communications you receive from the Services to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Services. The Services also includes third-party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party website or feature, including applications that connect the Services or your profile on the Services with a third-party website or feature. For example, the Services may include a feature that enables you to share Content from the Services or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service, and you do so at your own risk. Hubler does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Hubler is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Services or your profile on the Services with a third-party service (each, a “Third Party Application”) and such Third Party Application may interact with, connect to or gather and/or pull information from and to your Services profile. By using such Third Party Applications, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information, you are consenting to information about your profile on the Services being shared; (ii) your use of a Third Party Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Hubler has not itself provided such information; and (iii) your use of a Third Party Application is at your own option and risk, and you will hold the Hubler Parties (defined below) harmless for activity related to the Third Party Application.
8. You agree that you are responsible for all data charges you incur through use of the Services.
9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Services via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Hubler’s express consent).

Rights

1. Hubler does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to Hubler a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Services, subject to the Hubler’s Privacy Policy, available here http://www.hubbler.mobi/privacypolicy/.
2. We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. We store and process your Information including any sensitive personal or financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at http://www.hubbler.mobi/privacypolicy/. If you object to your information being transferred or used in this way, please do not use Services.
3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
4. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
5. The Services contains content owned or licensed by Hubler (“Hubler Content”). Hubler Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Hubler, Hubler owns and retains all rights in the Hubler Content, and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hubler Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Hubler Content.
6. The Hubler name and logo are trademarks of Hubler, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hubler. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Hubler, and may not be copied, imitated or used, in whole or in part, without prior written permission from Hubler.
7. Although it is Hubler’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Hubler reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Hubler, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Hubler encourages you to maintain your own backup of your Content. In other words, Hubler is not a backup service, and you agree that you will not rely on the Services for the purposes of Content backup or storage. Hubler will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
8. You agree that Hubler is not responsible for, and does not endorse, Content posted within the Services. Hubler does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
9. Except as otherwise described in the Hubler’s Privacy Policy, available at http://www.hubbler.mobi/privacypolicy/, as between you and Hubler, any Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Hubler is not a confidential, fiduciary, or other types of special relationship and that your decision to submit any Content does not place Hubler in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Hubler, and Hubler will not be liable for any use or disclosure of any Content you provide.
10. It is Hubler’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Hubler does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Hubler is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Reporting Copyright and Other IP Violations

1. We respect other people’s rights and expect you to do the same.
2. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
3. In case you feel that your work has been copied in any way that constitutes copyright infringement or any violation of your IP rights you can write to [legal@hubler.mobi].

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Services in the event, but not limited to:

• If you breach these Terms of Use or Hubler Privacy Policy or other Policies, if any;
• If we are unable to verify or authenticate any information you provide; or
• If it is believed that your actions may cause legal liability for you, other users or us.

We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Services in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Hubler Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Disclaimer of Warranties

Limitation of Liability; Waiver

Indemnification

You (and also any third party for whom you operate an account or activity on the Services) shall indemnify and hold harmless Hubler, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Use or Hubler Privacy Policy or other Policies; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Hubler in the defence of any claim. Hubler reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Hubler.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

Arbitration

All disputes between you and Hubler (whether or not such dispute involves a third party) with regard to your relationship with Hubler, including without limitation disputes related to these Terms of Use, Hubler Privacy Policy, other Policies, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration governed by the Indian Arbitration and Conciliation Act, 1996, with the arbitration venue always being in Bangalore, India. Neither you nor Hubler will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Hubler is a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. This arbitration agreement will survive the termination of your relationship with Hubler.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Hubler must be filed within six months after such claim arose; otherwise, your claim is permanently barred.

Entire Agreement

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Hubler and governs your use of the Services, superseding any prior agreements between you and Hubler. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Hubler. Any purported assignment or delegation by you without the appropriate prior written consent of Hubler will be null and void. Hubler may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Hubler to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Hubler provides.

These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Our Contact

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Services to legal@hubbler.mobi