TERMS AND CONDITIONS OF USE
Effective Date: May 12, 2023
By using the Hum Local app or services, you are agreeing to our rules and policies. These rules and policies are called "Terms" and "Privacy Policy" and make up a legally binding agreement between you and us. These rules apply to all users of the app, and we recommend that you read and understand them. If you have any questions, please email us at contact@humlocal.com, and we will do our best to answer them.
- DEFINITIONS AND INTERPRETATION
Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:
- “App” means the ‘Hum Local mobile platform downloadable from Google Play/App Store and owned by us (iProlific), including any updates thereof.
- “Google Play” means the service provided by Google which You may use to download the App. Link to Google Play Store: https://play.google.com/store/apps
- “Google Play Terms of Service” means terms of service that apply to the use of Google Play and available at https://play.google.com/about/play-terms.html.
- “AppStore” means the service provided by Apple Inc. and/or its affiliates, a third party, through which You may use in order to download the App. Link to AppStore: https://www.apple.com/in/app-store/
- “AppStore Terms and Conditions” means terms and conditions that apply to the use of AppStore platform and as available at https://www.apple.com/legal/internet- services/itunes/us/terms.html.
- “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
- “Sponsored Content” means content distinct from other regular editorial content displayed on the App, in the form of audio, video, text and/or image media which supports a third party Person’s brand message or views that is readily identifiable upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words other than those used for regular editorial content (such as “Ad”, “Powered by”, “Sponsored by”, “With”, “Advertorial” and such other phrase of like meaning).
- “Sponsored Content Partner” means a User engaged with Us for display of Sponsored Content on the App.
- “User” or “You” or “Your” refers to any Person who has accepted this Agreement to download and/or use the App.
- USERS’APPROVAL
- Users approve of and accept this Agreement by:
(i) downloading and/or installing the App on Your device;or
(ii) accessing or using the App or any of the content available within the App from any
device; or
- Users may accept this Agreement only if:
(i) such User is a natural Person of the legal age to consent in your jurisdiction and of sound
mind eligible to form a binding contract with Us; or
(iii) such User is a juristic Person which is duly incorporated as per its applicable laws, and
has all the necessary authorizations, permits and allowances to enter into this Agreement
and form a binding contract; or
(iv) such User is not legally barred or restricted from using the App.
C) You understand that We want You to not use the App if You do not understand, approve of or accept all the terms specified in this Agreement. Hence, You are requested to read these Terms and Privacy Policy carefully and understand the Agreement before You accept them and agree to be bound by them.
D) The Agreement shall govern the relationship of each User with Us. However, We may also execute separate written agreements with any User. In case of conflict between terms of such separate written agreement and this Agreement, the provisions of the separate written agreement shall prevail.
- PROVISION OF THE APP
- The App is designed to provide You an in-app browsing experience through an embedded browser. The App is per se a platform which hosts posts and/or videos by third parties, including You. When You create and share or play a video, You agree and acknowledge that the App does not create and/or broadcast any content on its own accord and We are not responsible or liable for the content or accuracy of the post & video that may be accessed by You through the App.
- The App may include links to other mobile applications and/or websites (some of which may be automated search results, affiliated links, sponsored links, YouTube links, social media app/website links, or any other website links) which may contain materials that are objectionable, prohibited, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links and you are requested to read the terms of use of those respective websites/apps.
- You agree and acknowledge that certain Sponsored Content may be placed on, about, or in conjunction with the other content within the App.
- In order to provide the App to You, We may request You to register and/or provide information about yourself.
- You agree and acknowledge to the following representations at all times while using the App:
- Any information that You provide is true, accurate, complete and updated;
- You will only use the content of the App for non-commercial and personal purpose However, Sponsored Content Partners may use the App to display their respective Sponsored Content for commercial purposes;
- You will not use the App or any content provided thereof for any purpose that is illegal, unlawful or prohibited by the Agreement; (You will not copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the App; and
- You will not confer any of Your rights to any third parties.
- You agree that if You are a User who publishes or uploads news and current affairs content on the App, You will provide such information, as may be required under applicable laws to relevant government authorities including but not limited to details of Your registered user account on the App products, and any other information that may be requested from You.
- You acknowledge that We will not be liable for the accuracy, validity or authenticity of any information disclosed by You in furtherance of Your obligations under applicable laws, including in response to any requests from relevant government authorities.
- We may stop provision of the App (or any part of the App), permanently or temporarily, to You or may modify or change the nature of the App and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the App following any such modification constitutes Your deemed acceptance to be bound by any or all revisions to these Terms.
- You agree that You are responsible for all data charges You incur through use of the App.
- YOUR AGREEMENT WITH US
- For any content you create using the App, You grant Us a limited, non-exclusive, royalty free worldwide, limited license to use, modify, delete from, add to, publicly perform, transferable, assignable license to use the same in accordance with the terms and conditions, privacy policy, community guidelines, any other policy of Us and any agreement executed by You and Us, and such a license will include a right to sub-license.
- You understand that all content created by the You and posted on the App shall be solely at the discretion of You, and We do not exercise any control over the creation or posting of the content. Further, You understand that such content shall be solely governed by these Terms, content regulation policy and other relevant policies of Hum Local.
- A violation of any provisions of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party or Person. You are responsible for Your content, conduct and activities while using the App, and for any consequences thereof.
- If any provision of the Agreement is found to be unenforceable or invalid under the applicable law, it will not affect the enforceability and validity of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
- We may choose to not act with respect to a breach of this Agreement by You or others, but this does not preclude Our legal right against You with respect to subsequent or similar breaches. Our intended or unintended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
- USING THE APP
- You will download and install the App from Google Play or AppStore for using it. You will also download and update the relevant latest versions of the App and any relevant updates provided by Us to avail continued access to the App.
- Please note that You are currently using a beta version of the App. We are constantly evolving in order to bring the best possible content and information to You. You acknowledge and agree that You are a beta-testing user and we reserve the right to modify/alter any or all products or services available on the App at any time without notice. Any feedback, comments, or suggestions You may provide about the App is entirely voluntary, and We shall be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.
- You agree that We may provide notice to You of the availability of any upgrades or updates to the App and automatically push such upgrade or update to your device or computer from time- to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the App, or portions thereof (including upgrades or updates designed to correct issues with the App). Any updates or upgrades to the App may be accompanied with corresponding revisions to these Terms.
- Notwithstanding anything else contained herein, You may use the App for display of posts (images or text), videos or Sponsored Content as either a User or as a Sponsored Content Partner only upon a written approval from Us in this regard. Please write to Us at contact@humlocal.com for more information on engaging with us as a Sponsored Content Partner.
- You will use the App only for such purposes as is permitted by (a) this Agreement; (b) if User is a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is resident or from where User uses the App; or (c) if User is a juristic Person, any law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principle office or from where User use the App.
- For Your use of the App, We grant You a limited, non-exclusive, non-transferable right to install and use the App on Your android device. However, You shall not copy the App or any of its components, except for the purpose of making a single archival back up copy.
- We also grant You a non-exclusive, non-transferable license to access such content on the App which is owned by Us. For using any content owned by a third party Person, You still require a license from such third party Person, We don’t license such content to You and Your use of content owned by a third party Person is governed by applicable terms and conditions prescribed by such third party Person.
- RESTRICTIONS ON YOUR USE
- You will only upload content on the App that you are lawfully entitled to under the terms of applicable law and duly authorized to by all relevant persons.
- You will not use the App, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or violates the rights of any third party.
- You will not access (or attempt to access) the App and/or the content provided through the App by any means other than through the App, unless You have been specifically allowed to do so in a separate written agreement with Us.
- You will not redistribute, sub-license, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App or any component or content thereof, available to third parties.
- You will not circumvent or disable any digital rights management, usage rules, or other security features of App; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the App; and not use the App in a manner that threatens the integrity, performance, or availability of the App.
- You will not attempt to or engage in any activity that may:
- reverse engineer, decompile or otherwise extract the source code related to the App or any part thereof, unless it is expressly permitted by Us to You in writing or is required by the applicable law;
- use any robot, spider, retrieval application, or other device to retrieve or index any portion of the App or content thereof;
- collect information about Users for any illegal or unlawful purpose;
- create any User accounts by automated means or under false or fraudulent pretenses for using the App;
- transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the App;
- use the App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the App, or interfere with any other third party Person's use and enjoyment of the App;
- carry out any denial of service (DoS, DDoS) or any other harmful attacks on the App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the App or any part of the App or any User of the App;
- forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the App; and/or
- obtain any materials or information through any means not intentionally made available, in the opinion of Us, through theApp.
- You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
- You agree and acknowledge that You will not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of the message or knowingly or intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or
- is in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual.
- REPORTING VIOLATIONS AND CONTENT TAKEDOWN
- If You find any content on the App which falls under any of the prohibited categories of content listed above, You can inform us of such a violation of these Terms by writing to contact@humlocal.com with
- a screenshot or sharing the link of the infringing post; and
- Your reasons for objecting to such content.
- Notwithstanding anything contained in these Terms, You can report any violation by writing to Us at contact@humlocal.com and we will endeavor to act within twenty-four (24) hours to address your concern.
- Your reports of violation of these Terms will be received and acknowledged within twenty-four (24) by Us.
- We will respond to Your reports of violations within fifteen (15) days by
- Taking down such violating content; or
- Suspension/blocking of the violating user’s account; or
- Termination of the violating users’ access to the App.
- A User can also report (using report user option in the App) any post posted by other users which might seem inappropriate to them (mention their reason for reporting the user or post).
- A User can also report (using report post option in the App) other users for their inappropriate behaviour such as posting misleading, inappropriate, inaccurate, and offensive content.
Our Content Moderation Team’s assessment of any complaints relating to content shared on the App will be limited to whether such content violates this Agreement or Our own internal policies and guidelines. Hum Local will review the reported users and posts and take the appropriate actions for example: suspend the user from posting further, suspend or delete the post and/or remove users account from Hum Local. Such a decision will be final and binding as regards content on the App. We do not undertake any legal analysis or judgement on the nature of reported content.
- All Our decisions as mentioned above may or may not be notified to the violating User.
- If You have any objections against any action taken by Us pursuant to clause 7(F) above, You can inform us of Your reasons for such objections and request reinstatement of Your content by writing to Us at contact@humlocal.com.
- We will review Your objections, and reserve the right to modify/retain our decision on any complaint against content shared on the App.
- TERMINATION
- Your access to the App may be terminated if:
- You voluntarily uninstall the App from Your device;
- You knowingly or unknowingly cause direct or indirect breach, as ascertained by Us, of these Terms or Privacy Policy as a whole or in part;
- We are required to do so by law (for example, where the access to and/or provision of the App to You becomes,unlawful);
- The third-party Person, if any, with whom We offered the App to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
- The provision of App to You, is no longer commercially viable or feasible for Us; or
- You violate this Agreement or any other applicable laws.
- We may terminate this agreement with you at any time, with or without notice and may procure disabling Your access to the App and/or barring You from any future use of the App.
- You may terminate this agreement with Hum Local at any time by terminating Your access to the App. However, Your certain obligations arising out of or in connection with this Agreement shall continue to prevail even on such termination.
- When Your agreement with Hum Local comes to an end, all of the legal rights, obligations and liabilities that You and Us have benefited from, been subject to (or which have accrued over time whilst this Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
- INTELLECTUAL PROPERTY
- Your use of the App is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the App through Your device.
- All trademarks, brands and service marks of the App are the property of Us only. We own all the copyrights and database in relation to the App. The content included on this website, including, but not limited to the Hum Local tests, reports, text, graphics, logos, icons, and images is the exclusive property of Hum Local and other respective owners that have granted Hum Local the right and license to use such property and is protected by Indian and international copyright laws. All trademarks, service marks, and trade names are proprietary to Hum Local or other respective owners that have granted Hum Local the right and license to use such marks.
- The App and any underlying technology or software used in connection with the App may contain rights of Us or Our affiliates or any third-party Persons. For use of any third-party Person’s intellectual property, You may need to get permission directly from the owner of the intellectual property.
- Any intellectual property which is not specifically mentioned to be owned by Us is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
- We respect the intellectual property rights of others and do not hold any responsibility for any violations of any intellectual property rights by You.
- By virtue of agreeing to this Agreement or executing any other agreement with Us, You do not acquire any rights in Our intellectual property, and vice versa, except for as specifically set out in this these Terms or in any other agreement between Us and You.
- PRIVACY
- Our Privacy Policy explains how We treat Your personal data and protect Your privacy when You use the App. By using the App, You agree that We can use such data according to Privacy Policy.
- You are responsible for maintaining the confidentiality of passwords associated with any device, Your use to access the App. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible
- REFUND POLICY
Refund Policy for Hum Local App
Thank you for using Hum Local App. This Refund Policy outlines the terms under which refunds may be issued for payments made for using our services. By using our services, you agree to the terms outlined in this Refund Policy.
A) Payment Process
Users of Hum Local App may be required to pay for certain services provided through the app. Payment can be made using multiple options, including credit/debit cards, net banking, and UPI, through our secure payment gateway.
B) No Refund Policy
All payments made for services on Hum Local App are non-refundable. Once a payment has been processed, we do not offer refunds, cancellations, or exchanges under any circumstances, including but not limited to:
Change of mind after purchasing a service
Incomplete usage or dissatisfaction with the service provided
Accidental or erroneous payments
C) Payment Issues
If you experience any issues during the payment process or encounter technical difficulties, please contact our customer support team immediately. While we do not offer refunds, we will assist in resolving any payment-related problems to ensure a smooth transaction.
D) Unauthorized Transactions
If you believe an unauthorized transaction has occurred using your payment method, please notify us immediately. We will investigate the matter and take appropriate action to prevent further unauthorized transactions.
E) Changes to This Policy
Hum Local App reserves the right to modify or update this Refund Policy at any time. Any changes will be effective immediately upon posting the updated policy on our app. Users are encouraged to review this policy periodically to stay informed of any changes.
F) Contact Information
If you have any questions or concerns about this Refund Policy, please contact our customer support team at contact@humlocal.com.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
- Your use of the App, or any content, including images, text, videos, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the App or any content thereof, including images, text & videos.
- You may terminate Your access to the App if You are not satisfied with the App.
- You shall defend, indemnify and hold Us, Our officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, all legal fee that may result from or alleged to result from (a) Your use of the App or any content thereof, including Mobile Images, Text and Videos; or (b) Your breach of the intellectual property of any third party; or (c) Your breach of any rules, regulations and/or orders under any applicable law.
- You are also responsible for any breach of Your obligations under this Agreement and/or for the consequences of any such breach.
- NO WARRANTIES
- We shall make Our best efforts to make the App available to You in the best possible manner. However, We disclaim all warranties in relation to the App, whether express or implied, including but not limited to: (a) any bugs and errors to this beta version of the App; b) potential updates to this version of the App; c) the App being constantly available or available at all; d) installation or un-installation choices in relation to the App being successfully executed in all cases; e) that App will always function without disruptions, delay or errors; f) Your personal ability to use the App; g) Your satisfaction with the use of the App; h) the accuracy of the data provided by the App; i) the security and privacy of Your data; j) that all bugs or errors in relation to the App will be corrected; k) that the App will be compatible with all devices and all networks; l) that the App is fit for a particular purpose or use; m) that the App and the contents thereof are accessible in every location; or (n) that the App and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
- We, Our officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the App in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Our offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages associated with Us, or equipment that We do not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Us.
- GOVERNING LAW AND DISPUTE RESOLUTION
- The App may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the App from any location, then, You are responsible for compliance with the local laws applicable to You.
- Any or all disputes arising out of or in connection with this Agreement shall be governed by and shall be construed in accordance with the laws of India.
- In the event of any dispute or difference between the You and Us (“Dispute”), then such Dispute shall first be resolved amicably through good faith negotiations by You and Us. In the event that a resolution of the Dispute is not achieved within 30 (thirty) days from the date such Dispute arises, as notified in writing by any party to the other party, then any of the parties to the Dispute, shall have the right to refer such Dispute to arbitration by issuing a written notice (“Arbitration Notice”) for final resolution in accordance with the provisions of this clause 13(C).
- Upon the issuance of an Arbitration Notice, the Dispute shall be referred to a single arbitrator mutually appointed by the parties.
- The arbitration shall be conducted in English.
- NOTICES
- We may post notices within the App or send you notices on the e-mail address or the telephone number that You may have shared with Us. You will have received such notices within 3 (three) days of Us sending the notice. Your continued use of the App on expiry of such 3 (three) days shall constitute Your receipt and acceptance of the notices sent to You.
- DISCLAIMER
- The contents provided through the App may include technical inaccuracies or typographical errors. We may make changes or improvements to the App at any time. The contents or any information available on the App is provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. We do not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or the servers that make them available, are free of viruses or other harmful components. We make no commitment to update the materials on the interface. The above exclusion may not apply to You, to the extent that applicable law may not allow the exclusion of implied warranties. We shall not be liable for any misuse or data theft as a consequence of Your use of the App.
- YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE APP IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THESE TERMS AND PRIVACY POLICY. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE TERMS OR PRIVACY POLICY SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD-PARTY PERSON OR ANY OTHER PERSON.
- EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS OR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, PERFORMANCE, RESULTS, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE OR IN RESPECT OF ANY MOBILE IMAGES, TEXT, VIDEOS OR SPONSORED CONTENT. WE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO ANY THIRD-PARTY CONTENT DEVELOPER OR SPONSORED CONTENT PARTNERS OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY SPONSORED CONTENT DISPLAYED ON OR IN CONNECTION WITH USAGE OF OUR APP.
- OTHER INFORMATION: For any other concerns, queries or grievances relating to Your use of the App please send an email at contact@humlocal.com.