Through the App and Services, you have the opportunity to purchase "Greetings" from celebrities and influencers. A "Greeting" includes the text, video, software, scripts, graphics, graphics interchange formats, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.
- Eligibility: Persons
who are "incompetent to contract" within the meaning of the Indian Contract
Act, 1872 or the relevant laws in your jurisdiction including minors,
un-discharged insolvents etc. shall not be eligible to use the App. Any
minor desirous to use or contribute on the App, is required to conduct such
transaction through their legal guardian or parents. You may only access the
site and use the content and the Services for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all laws,
rules, and regulations pertaining to your use of the Services.
You shall be responsible for maintaining the confidentiality of any username/access and password in the process of the use of the App and you shall be responsible for all activities that occur under your username/access and password. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
- Contents Posted on the App: Through the App and Services you may submit a request which may or may not be accepted. The maximum time within which a request will be completed or rejected will be shared on the App and refunds will be initiated as per our Cancellation and refund Policy for cancelled and rejected requests.
- Promotion and marketing offers: We may offer promotional offers
from time to time,
including discount codes, vouchers, coupons, Greetingly coins, or account credits
(“Vouchers”), that may be subject to expiration dates and such terms as
listed therein at the time of purchase. Notwithstanding any additional terms
of issue of such Vouchers, the following shall apply:
- Vouchers may be applicable to all or select users only, as detailed in the terms at the time of issue.
- Vouchers may be limited by time and/or purpose and/or use as detailed in the terms at the time of issue.
- As detailed in the terms at the time of issue, a Voucher may allow the purchaser a single entry to a ‘lucky draw’ or other promotional schemes and contests open during such period. As a participant of such promotional scheme or lucky draw participant, you agree to be bound by the terms applicable to such lucky draw or contest. THE LUCKY DRAW IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
- Vouchers are not transferable and cannot be redeemed for a cash payment to the purchaser in lieu of discount.
- Vouchers offered may be subject to expiration dates and we retain the authority to alter such expiration dates at any point of time.
- We reserve the right to withhold or remove credit from a user account or end a promotion without notice if at our sole discretion we believe a user is not acting in good faith in relation to the terms of the promotion.
- Ownership: We own or
license all right, title, and interest in and to (a) the App and Services,
including all software, text, media, look and feel of the App and Services
and (b) our trademarks, logos, and brand elements.
We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at [email protected]
- Rights and
Responsibilities: Upon your continued compliance with these Terms
of Use, you have a non-exclusive, worldwide license to use a Greeting purchased
on the App, for your own personal, non-commercial, and non-promotional
purposes. A Greeting is licensed and not sold to you. You may not modify or edit
a Greeting or re-sell your rights in anyway. If you breach any of the provisions
herein, your license to the Greeting is terminated with immediate effect and
without further notice.
You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any Greeting or the Services.
By use of the platform for delivering the Greeting uploaded by you, you hereby grant Company a worldwide, non-exclusive, royalty-free, and transferable right to use, modify or edit to fit the format of delivery, reproduce, distribute, display, publish, adapt, make available online or electronically transmit, and perform the Greeting in connection with the Services and Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the App and/or the Services in any media formats and through any media channels. You provide Company the undisputed and irrevocable right to apply its watermark, brand, logo including that of its partners and affiliates on the Greetingly uploaded by you.
- General Prohibitions:
In addition to the prohibitions imposed on you under applicable law, you
agree not to do any of the following:
Post, request for, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene or pornographic;
- promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person or entity;
- promotes illegal or harmful activities or substances;
- contains personal or contact information about any other person without their prior authorization; or
- violates any content policies Company has posted for the Services.
- threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder;
- threatens Critical Information Infrastructure as defined in Explanation of sub-section (1) of section 70 of the IT Act;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App, Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App, Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App.
- You shall not engage in advertising to, or solicitation of, other users of the App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the App or related to us.
Encourage or enable any other individual to do any of the foregoing.
- Disclaimer of warranties and Limitation of Liability: YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. We do not warrant that the App will be compatible with all hardware and software which you may use.
- General Provisions
Company does not review or modify any content uploaded by a user. Company does not endorse any content submitted to it by any user, or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with the content. Notwithstanding the above, Company reserves the right to, but does not have any obligation to, reject a request, remove, or block the Services in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, a request contrary to General Provisions: Clause 6 or upon receipt of claims or allegations from third parties or authorities), or for no reason at all. Your interactions with third parties, including users and celebrities and influencers, found on or through the App are solely between you and such third party; however, Company may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with the Company if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You agree not to contact or interact with any user including a celebrity or influencer except as expressly permitted through our App. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release the Company from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our App.
To the fullest extent permitted by law, Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of App’s or the of any sites linked to the App. The Services, Greetings and content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the App or Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR SERVICES, INCLUDING WITHOUT LIMITATION, GREETING, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IF ANY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT RECIEVED BY US FROM YOU WITHIN THE LAST 12 MONTHS TOWARDS THE SERVICES.
Applicable Law:These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Gurugram shall have exclusive jurisdiction in respect of any matters arising herefrom.
Contact Us Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this App.
Grievance officer:In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Amit Kumar
Time: Mon - Sat (9:00 - 18:00)