This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and rules made thereunder.
This Service can only be availed of by users who have registered on Hipi. You will not be permitted to post any Posts (as hereinafter defined) without registering on Hipi first. To register yourself on Hipi, You may be required to provide certain personal information to ZEEL, such as your name, age, gender, email address, mobile number. You may only register on Hipi if you are above 18 years of age.
On successful registration on Hipi, ZEEL will intimate You of the same, and You will be entitled to avail of the Service.
You may not access or use the Service by means or any technology which conceals Your actual location or provides incorrect details of Your location, for example, through use of a virtual private network (VPN).
You may not use the Site in any manner that could damage, disable, overburden, block, or impair Hipi, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party's use and enjoyment of Hipi and the Services.
Unless otherwise specified, Hipi is available for individuals who have attained the age of majority in their jurisdiction. In the case of India, this Service is restricted to users who are aged 18 years or older unless you use the Service with the consent of your parent or legal guardian.If You are under the relevant age of majority in Your jurisdiction, You may only access or use the Service in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by accessing, browsing, uploading or downloading Content and/or Posts and/or downloading and/or installing and/or using the Services, YOU represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, YOU may not access the Services, except with the consent of, and under the supervision of YOUR parent or legal guardian. Therefore, it shall be presumed that any access by a minor is with the consent of and under the supervision of the parent and/or legal guardian. SOME CONTENT OFFERED OR POSTS ON HIPI MAY NOT BE SUITABLE FOR SOME USERS AND THEREFORE VIEWER DISCRETION IS ADVISED. FURTHER, SOME CONTENT OFFERED OR POSTS ON HIPI MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE RESPONSIBLE FOR ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT OR POSTS ON HIPI. As a parent or guardian, you acknowledge that but allowing any minor in your care to access any Devices through which the Services may be accessible, you assume full responsibility for the Content or Postsviewed by such minor and ZEEL shall have no responsibility towards such access, viewing, AND/OR DOWNOADING OF CONTENT AND/OR POSTS.
Your access to and use of the Services is also subject to all applicable laws, rules, and regulations framed thereunder.
The Hipi platform will be made available on Your app store by ZEEL to enable You to share your own (user generated) comments, text, pictures and/or videos(“Posts”) with other Users on the Site for an interactive experience. You may add music, filters, graphics, and other template elements to such Posts as may be made available by ZEEL on Hipi from time- to- time (“Templates”). ZEEL hereby grants you a revocable, non-exclusive, royalty free and worldwide license to use the Templates solely for the purpose of creating and publishing your Posts on Hipi.
Whether or not your Posts are made in combination with ZEEL’s preinstalled Templates, your Posts are considered as newly created audio-visual electronic records for which you are the publisher and author.
ZEEL’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Posts. Being an intermediary, ZEEL has no responsibility and / or liability in respect of any Posts on Hipi, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.
In the event You qualify to be a publisher of news and current affairs content as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”), You are required to furnish details of Your user accounts on Hipi to the Ministry of Information and Broadcasting of the Government of India (“MIB”), along with such other information and documents required by the MIB, in accordance with the IT Rules.
ZEEL assert all proprietary rights in and to all names and trademarks in connection with Hipi and the Service (except in the Posts). Any use of ZEEL’s trademarks or copyright in connection with any service that does not belong to ZEEL, unless otherwise authorized in a written license agreement, will constitute an infringement of ZEEL’s intellectual property rights and may be actionable under applicable law.
You retain all ownership right, title and interest in your account and in the Posts (excluding any Templates used) which you publish on Hipi, including any images contained therein. However, by submitting the Posts on Hipi, you hereby grant ZEEL a worldwide, perpetual, royalty free, non-exclusive, sub-licensable right to reproduce, distribute, issue copies, make available, publicly communicate and display copies of the Posts shared by You.
The Posts uploaded by You can also be discovered under the ‘Search’ tab on Hipi along with other Posts uploaded by other Users. For sake of clarity, ZEEL does not or make available any audio and/or audio-visual contents that belongs to any third-party neither ZEEL intends to make such third party publishers contents available on Hipi. Any such contents are uploaded and made available by the User at their own risk.
You represent and warrant that you have taken all requisite consents, permissions or licenses required for uploading your Post on Hipi, including, but not limited to, consents from individuals featured in your Posts, and/or any consents or licenses required for music and/or artwork contained in your Post, prior to uploading such Posts on Hipi. ZEEL does not assume any responsibility or liability for any Posts including any content therein.
In addition to the responsibilities set out under the Community Guidelines, You Undertake that, without prejudice to Your obligation to otherwise comply with applicable laws, rules and regulations, You shall not share any information/material or Post that:• belongs to another person and to which You do not have any right to; • 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 and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; impersonates another person (including celebrities or any influencer); • 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 to any other nation;• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; • is patently force 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;
Upon such Post being reported, ZEEL shall take up to 24 hours to acknowledge Your complaint , and upto 15 (fifteen) days to determine whether such Post is required to be taken down from Hipi. You acknowledge and agree that ZEEL’s decision in all such matters will be final binding, and ZEEL shall not be liable for any claims in this regard.
Upon such account being reported, the details of a user’s profile are sent to ZEEL, and ZEEL shall take up to 24 hours to acknowledge your complaint, and upto 15 (fifteen) to determine whether such profile, or certain specific posts from the profile, are required to be taken down from Hipi. You acknowledge and agree that ZEEL’s decision in all such matters will be final binding, and ZEEL shall not be liable for any claims in this regard.
You may also voluntarily deactivate, suspend or delete Your Account by following the instructions at the Hipi Help Centre.
Ms. Shrutika Saraswat
Contact Details: firstname.lastname@example.org
The Grievance Officer shall acknowledge the complaint within 24 hours and dispose of Your complaint within a period of 15 (fifteen) days from its receipt.
You would be required to furnish relevant details pertaining to your concern, complaint or grievance, specifically including your user details, and details / description of the alleged violation, what relief You are requesting, and/or any other information which may be required by ZEEL to assess your concern, complaint or grievance.
ZEEL disclaims any liability arising out of the advertisements, usage or viewing of products or services advertised on Hipi.
As Hipi is free, and earns part of its revenue through advertisements, You agree not to use any ad-blocking software or similar built-in web browster options designed to block online advertising while using the Service.
ZEEL welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to Hipi ("Feedback"). YOU may submit Feedback at the Help Center. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of ZEEL and YOU hereby irrevocably assign to ZEEL all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At ZEEL's request and expense, YOU will execute documents and take such further acts as ZEEL may reasonably request to assist ZEEL to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that ZEEL shall not be under an obligation to take any action pursuant to the Feedback provided by You. ZEEL may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep ZEEL harmless against any liabilities that may suffered or incurred by ZEEL as a consequence of any action taken by ZEEL pursuant to Your Feedback.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, HIPI IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISION S, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING HIPI TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM HIPI. WITHOUT LIMITING THE FOREGOING PROVISIONS, ZEEL MAKES NO WARRANTY THAT HIPI WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT HIPI WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT HIPI MAY BE BLOCKED OR MADE INOPERABLE AND ZEEL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. HIPI IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF HIPI NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). ZEEL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ZEEL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE HIPI , LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY ZEEL, AND EVEN IF ZEEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The relationship between ZEEL and You is on a principal-to-principal basis. You are in no way ZEEL’s legal representative, partner or agent for any reason whatsoever.
YOU agree to comply fully with all Indian export laws and regulations to ensure that Hipi are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations
YOU agree that Hipi, including, but not limited to, the object code components, provided to YOU is "Confidential Information" of ZEEL. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information, but in no event less than reasonable diligence.
When You use or send any data, information or communication to ZEEL, You agree and understand that You are communicating with ZEEL through electronic records and You consent to receive communications via electronic records from ZEEL periodically and as and when required. ZEEL will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with ZEEL which will be deemed adequate service of notice / electronic record.
If You have any claims with respect to the ownership of Content and/or Posts transmitted through Hipi, please follow the “Ownership Claims and Dispute Resolution Mechanism” available here.