These terms of use (“Terms of Use”) mandate the terms on which users (“You” or “Your” or “Yourself” or “Users”) interested in browsing, availing or providing HeyVoli Services (defined below), and accessing the website, www.heyvoli.com and/or the HeyVoli mobile/web application (collectively referred to as the “HeyVoli Platform” or “Platform”) owned and operated by HeyVoli Services India Pvt. Ltd. (“HeyVoli”), which connects with the merchants registered on the Platform (“Merchant Partners”), and with delivery partners (“Delivery Partners”) to avail the HeyVoli Services. The term “HeyVoli Services” or “Services” refers to any services offered by HeyVoli whether on the HeyVoli Platform or otherwise.

These Terms apply in full force and effect to your use of this Platform; and, by using this Platform, you expressly accept all terms and conditions contained herein in full. You must not use this Platform if you have any objection to any of these Terms of Use.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and HeyVoli’s Privacy Policy, along with any amendments made by HeyVoli at its sole discretion and posted on the Platform from time to time.

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 Platform. This Platform is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor. HeyVoli reserves the right to terminate your Membership and / or deny access to the platform if it is brought to HeyVoli’s notice that you are under the age of 18 years.

If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide -as part of our security procedures- as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

USE OF THE WEBSITE AND APPS

You agree, undertake and confirm that your use of the HeyVoli Platform shall be strictly governed by the following binding principles:

• You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

• belongs to another person and which you do not have any right to;

• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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 or misrepresentative in any way;

• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, 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 Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, HeyVoli’s prior written consent means a communication coming from HeyVoli’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;

• solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

• interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;

• refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

• harm minors in any way;

• infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

• 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 criminal offence or prevents investigation of any offence or is insulting any other nation;

• is false, inaccurate or misleading;

• directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

• creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

• 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.

• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.

• You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, 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 Platform.

• 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 name ‘HeyVoli’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of HeyVoli or Merchant on platform or otherwise tarnish or dilute any HeyVoli’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, 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 Platform or HeyVoli’s systems or networks, or any systems or networks connected to HeyVoli.

• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

• 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 Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

• You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of HeyVoli and/or others.

• You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or 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.

• In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.

• From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.

• You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Platform. HeyVoli shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect HeyVoli views. In no event shall HeyVoli assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

It is possible that other users (including unauthorized users or ‘hackers’), may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

HeyVoli shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

NO ENDORSEMENT

We do not endorse any Merchant Partner or Merchant Partners. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is the purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

INTELLECTUAL PROPERTY RIGHTS

The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by HeyVoli (“HeyVoli Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such HeyVoli Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use HeyVoli Property without the prior written consent of HeyVoli.

The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of HeyVoli, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of HeyVoli or such third party as may be applicable.

INDEMNIFICATION AND LIMITATION OF LIABILITY

1. You agree to indemnify, defend and hold harmless HeyVoli and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, HeyVoli Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

1. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or HeyVoli Property on the Platform.

1. You indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or HeyVoli Services.

1. The Platform and the HeyVoli Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and HeyVoli shall not be liable for the same, whatsoever.

QUERIES

In case You have any queries with respect to these Terms or regarding any HeyVoli Services, please write to Us at support@heyvoli.com