JHUND Platform

Introduction

These terms of use ("Terms and Conditions") mandate the terms on which the users ("You" or "Your" or "User") access and register on the JHUND site (Website: www.thejhund.com) and JHUND App operated and managed by ASYMPTOTE TECH PRIVATE LIMITED ("Company" or "We" or "Us" or "Our"), collectively referred to as, "the Platform".

The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to the changes and the agreement to be legally bound by the same.

1. Platform Services

You acknowledge that the Platform is a web service that allows You to avail the services directly from the Company and ASYMPTOTE TECH PRIVATE LIMITED ("JHUND APP & WEBSITE") including their products and services and facilitate communication with them for such products and services, and other general information.

The Company hereby grants You, a limited, non-exclusive, non-transferable, royalty free license to use the Platform for the purposes of availing the products and services from ASYMPTOTE TECH PRIVATE LIMITED, collectively hereinafter referred to as (the "Platform Services/ Products and Services/Services") which are detailed as below:

• Use of the Platform for discovering people, inviting to meet, forming groups, group chats
• Accessing vendor products and services
• Uploading and sharing content, view/comment on content uploaded
• Exporting content from third-party websites

In no event shall the Company be liable to You for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this Platform.

As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Company.

2. Use of the Platform

Subject to compliance with the Terms of Use, the Company hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.

You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal use and non-commercial use.

Prohibited Activities

You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users' use, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.

Further, You undertake not to:

• Defame, abuse, harass, threaten or otherwise violate the legal rights of others
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content
• Copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform without authorization
• Conduct or forward surveys, contests, pyramid schemes or chain letters
• Upload or distribute files that contain software or other material protected by intellectual property laws without permission
• Upload or distribute files that contain viruses, corrupted files, or any other malicious software
• Engage in any activity that interferes with or disrupts access to the Platform
• Attempt to gain unauthorized access to any portion of the Platform
• Probe, scan or test the vulnerability of the Platform
• Disrupt or interfere with the security of the Platform
• Collect or store data about other Users in connection with prohibited activities
• Use any device or software to interfere with the proper working of the Platform
• Use the Platform for any unlawful or prohibited purpose
• Falsify or delete any author attributions or legal notices
• Violate any applicable laws or regulations
• Reverse engineer, modify, copy, distribute, or sell any information or software obtained from the Platform

3. Intellectual Property Rights

The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code ("Content") on the Platform (except for the media uploaded by You) is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other various intellectual property rights either in the favour of the Company, or third parties from whom the appropriate permissions have been taken under applicable laws.

The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of the Company and its affiliates or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks.

Further, You understand and accept that all information, except Your personal information and other data submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever.

4. Disclaimer of Warranties, Indemnification and Limitation of Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other Content are provided by the Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.

Without limiting the foregoing, the Company makes no warranty that:

• The Platform or Platform Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free
• The results that may be obtained from the use of the Platform will be effective, accurate or reliable
• Any errors or defects in the Platform will be corrected

The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.

You agree to indemnify the Company, its directors and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms of Use or due to your acts or omissions.

5. Eligibility to Use

By accepting the Terms of Use, You hereby represent that:

• You are of 18 (eighteen) years of age or older and in case of You are acting as guardian on behalf of a minor, You have the necessary authority to register/sign up on the Platform for the availing the Services on behalf of the minor;
• You are of legal age to form a binding contract, are not a person barred from receiving the Platform Services under the applicable laws and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users and any such user who has been suspended or removed by the Company for any reason whatsoever shall not been entitled to avail the Platform Services
• You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform;

6. User Accounts, Password and Security

In order to access the Platform Services on the Platform and Your account on the Platform (“Account”), You will have to register on the Platform by providing details including but not limited to mobile number, name, email address, password, date of birth, etc. and other information as may be required by the Company from time to time. Your Account will be activated after verification by us in accordance with our internal Company guidelines, based on the information provided by You including personal information.

We may also ask You for certain financial information, including Your billing address, bank account details, credit card number, expiration date and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services. The Company may ask You to provide certain additional information about Yourself on a case to case basis. You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly change your login credentials and inform the Company immediately in case of any actual or suspected unauthorized use of Your Account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

7. Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, as the case may be, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

8. Suspension and Termination

The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms of Use and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and/or Platform Services.

The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for purposes of tax or regulatory compliance. The Company, may modify these terms at any time .

9. Refund Policy

The transactions on the Platform with respect to the Platform Services will be completed only after successful transfer of money from Your registered bank account to the relevant party. You hereby agree and acknowledge that the transactions on the Platform once completed cannot be cancelled by You. You acknowledge that orders made are non-refundable, except if the order is cancelled from the end of the beneficiary receiving party. In case of successful transfer of money from Your account, however, any failure to reflect in the Account, the money would be refunded to Your registered bank account within the relevant time period as per the terms of the payment gateway provider.

10. Governing Laws

The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. All disputes arising in relation to shall be subject to the exclusive jurisdiction of court at Guwahati.

11. Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@thejhund.com ****

12. Communications

You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or E-mail or through WhatsApp from the Company or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by visiting support@thejhund.com

13. WhatsApp Groups

The Company reserves a right to create any Whatsapp groups (“Groups”) through its representatives (hereinafter referred to as “Group Admin”) who are expressly authorized to control, monitor and administer the Groups on its behalf. The usage, membership, and participation in the Group are subject to the following terms and conditions:

You shall not:

• use the Groups for circulating, uploading, transmitting, or otherwise making available any information, data or content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
• stalk, harass, threaten or harm another user using the Groups;
• engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential or personal information in violation of a confidentiality, employment, or nondisclosure agreement and/or privacy norm to which you are subject to;
• post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail messages, advertising, promotional materials, junk maiL, spam, or chain letters, including, without limitation, bulk commercial advertising, and informational announcements;
• upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
• interfere with or disrupt the Group services;
• plan or engage in any illegal activity using the Groups;
• circulate or post any jokes and poems;
• circulate or post any religious or politically oriented views or comments;
• pretend to be anyone, or any entity, You are not i.e. You may not impersonate or misrepresent yourself as another person (including celebrities), entity, another participant of the Groups, an employee or official or representative of Company,

The Group Admin reserves the right at all times to determine, in its sole discretion, whether the content posted on the Group is appropriate and in compliance with these Terms of Use. The Group Admin further reserves the rights to remove any participant/member from the Group if it finds You or any participant/member to have circulated/posted any content which is objectionable or improper for the Groups or its participants and/or deemed to have violated the Terms of Use or for any reason whatsoever. The participants shall not challenge or question such removal by the Group Admin or declaration of any content as inappropriate or not compliant with the Terms of Use. The participant hereby agrees and acknowledges that any of such actions by the Groups Admin shall not be construed as defamatory by the participant or You. This Group shall be used only for communication and group chat in relation to events, projects, products, services and updates etc. only.

The views or comments posted herein by any participant shall be the views and comments of that participant only and shall not be construed to be the views or comments of the Group Admin and/or the Company, or that such view/comments are endorsed by the Group Admin and/or the Company.

The participant agrees and acknowledges that views/comments/suggestion by any other participants in the Groups shall be subject to verification by the participant reading/relying upon such views/comment/suggestion including view/comments/suggestion with respect to the Company.

You agree to defend, indemnify and hold the Company, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by a third party or any other participant in the Groups, relating to or arising from: (a) any content You submit, post, transmit, or otherwise make available in and through the Groups; (b) Your use of the Groups; and/ or (c) any violation by You of the Terms of Use. This obligation shall survive the termination or expiration of these Terms of Use or termination of your usage of the Groups by You and due to Your removal by the Group Admin.

You agree and acknowledge that Your personal information including your mobile number disclosed in the Groups may be used by the participants and/or the Groups Admin/the Company to communicate or establish contact with you or for any other purposes. You hereby further unconditionally consents that such communications via SMS/text messaging services and/ or voice call by any other participant, Group Admin/ Company is (a) upon the request and/or authorization by you, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ under applicable laws including under the guidelines issued by Telecom Regulation Authority of India (“TRAI”) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You shall indemnify the Group Admin and/or Company against all types of losses and damages incurred by it or its affiliates, ,subsidiaries, directors, officers, employees, agents, partners and licensors due to any action taken by TRAI, access providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you or anyone on the Group Admin and/or Company or its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors with respect to the intimations mentioned above or due to a wrong number or other contact details provided by you for any reason whatsoever.

14. Posts

The Company may provide and display content on the Platform which features specific articles/write ups by third parties in relation to the products and services. You hereby agree and acknowledge that such content displayed on the Platform does not represent the views and/ or recommendations of the Company and You are required to read the contents carefully before indulging in any associated activities. You may also be allowed to post and comment on such content on the Platform and You hereby undertake to ensure that such comments shall not be offensive and will be in accordance with applicable laws. All material added, created, submitted, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

15. General Provisions

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@thejhund.com with subject line – Attention: TERMS OF USE.

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.

Severability

If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

16. IP Infringement

If You believe the Platform violates Your intellectual property, You must promptly notify the Company in writing at support@thejhund.com These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

1. the intellectual property that You believe is being infringed;
2. the item that You think is infringing and include sufficient information about where the material is located on the Platform;
3. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
4. Your contact details, such as Your address, telephone number, and/or email;
5. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed;
6. Your physical or electronic signature.