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.
The domain name www.hubbler.mobi and www.hubbler.in(hereinafter referred to as "Websites") are owned by Hubbler 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 “Hubbler”).
- 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 Hubbler 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. Hubbler reserves the right to terminate your membership and/or refuse to provide you with access to the Services if it is brought to Hubbler’s notice or if it is discovered that you are under the age of 18 years.
- 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, Hubbler 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 Hubbler 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.
- When you use the Services or send emails or other data, information or communication to Hubbler, you agree and understand that you are communicating with Hubbler through electronic records and you consent to receive communications via electronic records from the Hubbler periodically and as and when required. Hubbler may communicate with you by email or by such other mode of communication, electronic or otherwise.
- The Services is a platform that Users utilize to meet and interact with one another. Hubbler 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 Hubbler is not responsible or liable for the conduct of any user. Hubbler 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.
- Membership on the Website is free for buyers. Hubbler does not charge any fee for browsing on the Website. Hubbler reserves the right to change its Fee Policy from time to time. In particular, Hubbler 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 Hubbler 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 Hubbler Private Limited.
- 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;
- 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 Hubbler 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 Hubbler, hubbler.mobi, hubbler.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Hubbler or sellers on platform or otherwise tarnish or dilute any Hubbler’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 Hubbler’s systems or networks, or any systems or networks connected to Hubbler.
- 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 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.
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
- Any payment issues arising out of the transaction, or
- 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, Hubbler 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.
- 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 Hubbler and buyer and payment facility are merely used by the Hubbler and buyer to facilitate the completion of the Transaction. Use of the payment facility shall not render Hubbler 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 Hubbler’s Website.
- You have categorically authorized Hubbler 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 Hubbler is on a principal to principal basis.
- You understand, accept and agree that the payment facility provided by Hubbler 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 Hubbler Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Hubbler is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
- Hubbler 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 Hubbler or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- The buyer acknowledges that Hubbler 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 Hubbler.
- You release and indemnify Hubbler 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, Hubbler 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.
- 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 Hubbler account by uninstalling the Hubbler 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).
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any Access Credentials for any reason.
- 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. Hubbler does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Hubbler 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 Hubbler 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 Hubbler Parties (defined below) harmless for activity related to the Third Party Application.
- You agree that you are responsible for all data charges you incur through use of the Services.
- 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 Hubbler’s express consent).
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- The Services contains content owned or licensed by Hubbler (“Hubbler Content”). Hubbler Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Hubbler, Hubbler owns and retains all rights in the Hubbler 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 Hubbler 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 Hubbler Content.
- The Hubbler name and logo are trademarks of Hubbler, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hubbler. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Hubbler, and may not be copied, imitated or used, in whole or in part, without prior written permission from Hubbler.
- Although it is Hubbler’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, Hubbler 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 Hubbler, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Hubbler encourages you to maintain your own backup of your Content. In other words, Hubbler is not a backup service, and you agree that you will not rely on the Services for the purposes of Content backup or storage. Hubbler 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.
- It is Hubbler’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, Hubbler 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 Hubbler 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
- We respect other people’s rights and expect you to do the same.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- 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 [[email protected]].
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 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.
Disclaimer of Warranties
Limitation of Liability; Waiver
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Hubbler must be filed within six months after such claim arose; otherwise, your claim is permanently barred.
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 Hubbler 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 Hubbler provides.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Services to [email protected]