Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING THE HAPTIK APPLICATION.

A. APPROVAL OF TERMS

1.1 Your use of services offered by Haptik Infotech Private Limited (“Haptik”) (referred to as “Service(s)” in this document) is subject to the terms of a legal agreement between you and Haptik. By downloading, accessing and/or using this mobile application (the “Application”) owned by Haptik Infotech Pvt Ltd. you signify that you have read, understand and agree to be bound by all of the terms and conditions as set forth in this Terms of Use. The name 'Haptik' has been used interchangeably with 'www.haptik.co’. Haptik may change the Terms of Use at any time and without notice, effective upon the posting of the revised Terms of Use.

1.2 You must have the most current version of the Application to ensure that it is working properly. It is your responsibility to periodically check the Application and/or our website at www.haptik.co, to determine if you have the most current version of the Application. If you do not agree to this Terms of Use, please do not download the Application.

B. PROVISION OF THE SERVICES BEING OFFERED BY HAPTIK

2.1 As part of this continuing process, you acknowledge and agree that Haptik may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Haptik's sole discretion, without prior notice to you. You may stop using the Services at any time by uninstalling the Application.

2.2 By using Haptik's Services you agree to the following disclaimer: The contents of the Application or any information provided by or through the application are for informational purposes only. Haptik disclaims any liability for any information that may have become outdated at the time of provision of information or since the last time the particular piece of information was updated. Haptik reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice. Haptik does not guarantee the prices or any other information so provided by Haptik. All company names, logos or as the case may be are/may be registered trademarks/copyrights of respective owners. Unless stated otherwise, all pictures and information contained on this Application are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please email at hello@haptik.co or correspond to 128, Damji Shamji Udyog Bhavan, Veera Desai Road, Andheri (W), Mumbai - 400053 in order to provide a Takedown Request if you are the copyright owner of any content on this Application and you think the use of the above material violates the your copyright in any way.

2.3 You agree and acknowledge that your use of Haptik may involve interaction with personnel employed or engaged by us for the purpose of providing responses to your queries. Any information provided by us reflects information available with us at a particular time. Such information provided by us may not be accurate and does not represent a communication or commitment from the original providers of the goods or services that are a subject matter of your queries.

2.4 We disclaim any liability and will not be responsible for a failure of specific providers of goods and services listed on our Application (“Vendors”) to perform or otherwise comply with the information provided by Haptik or the Vendors.

2.5 We may be under no contractual or other obligation with Vendors in relation to the provision of Services. We expressly disclaim any relationship of agency, employment or other arrangement with the Vendors, and do not act for or on behalf of Vendors. Under no circumstances are we liable for any deficiency of goods or services provided by Vendors or due to misrepresentation by the Vendors, You expressly agree that your use of the Application does not result in a contractual relationship with Vendors, and in the event that you use the Vendor’s goods or services, the terms of such arrangement will be determined by your agreement with the Vendors, if any.

2.6 Haptik provides information in relation to brands, goods and services for informational purposes and for the purposes of enhancing choice and customer experience. While certain Vendors may provide identical or similar services as a part of or additional to their offerings, you expressly agree and acknowledge that Haptik is not providing any part of the service offerings on their behalf unless expressly stated otherwise, whether or not such offerings are similar to or overlap with the offerings of Haptik.

C. USE OF SERVICE

3.1 In order to use this Application, you may register by using your “Facebook” or “Twitter” or “Google” account and information such as your email address, username, mobile phone number may be recorded by Haptik as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Haptik will always be accurate, correct and up to date. If you register on our Application by using the Twitter, Facebook or Google connect function, you acknowledge and agree to abide by the relevant terms and conditions for each of these websites, or any other social network site that we may utilize in the future.

3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

3.4 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

3.5 You agree that you are solely responsible for (and that Haptik has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Haptik may suffer) of any such breach.

3.6 You agree to the use of your data in accordance with Haptik's Privacy Policy.

3.7 You agree to use the Application responsibly and not engage in harassment or abusive behaviour towards our personnel.

3.8 Your account may be disabled and Services may be terminated based upon the representations made by you. The following actions may result in termination of Services:

(i) Impersonating another person or entity with the effect of misleading users about the identity of the creator of content (including misleading account user names, voices and sounds used in broadcasts, and account profile information);
(ii) Impersonating the Services, our team member;
(iii) Providing or sending any content which may be harmful or detrimental to Haptik or its business associates, or which violates any restriction or policy established by Haptik or its business associates;
(iv) Submission of any content that falsely expresses or implies that such content is sponsored or endorsed by us; and
(v) Creating user accounts by automated means or under false or fraudulent pretences.

3.9 Smartwallet

Smartwallet is an online payment utility platform owned by Times Internet Limited (TIL) that provides users with a facility to do online transactions limited to stored value credit with the user’s account. TIL is a wholly owned subsidiary of Bennett Coleman & Co. Ltd. (BCCL) or more commonly referred to as The Times Group. C. Haptik is desirous of providing TIL’s Smartwallet as a payment option to its users on its platform. Users on Haptik will be able to use the wallet for making payments for the services and products available on Haptik’s platform.

All the users with access to a digital wallet powered by SmartWallet are by default Customers of SmartWallet. TIL is responsible for collating and maintaining records of payment details of the User and authorization of the payment when the User decides to use Smartwallet on the Haptik platform, in accordance with the provisions of the Payments Act and its internal policies.

TIL has the right to restrict or prohibit a transaction of the User at its sole discretion and Haptik is not liable to any User of Haptik being unable to access the Services. Both Parties shall take necessary precaution as may be feasible or as may be directed by TIL to ensure that there is no breach of security and that the integrity of the link between Haptik platform and TIL Smartwallet platform is maintained at all times. Haptik shall ensure that the SALT used for hashguarding is not shared with anyone under any circumstances. TIL reserves the right to modify processes/services as directed by RBL/RBI by giving a notice of 7 days.

D. REFUND PROCESS

4.1 A refund process shall only be made to the User wherein an amount has been deducted from the User’s Debit Card/ Credit Card/ Bank Account and other payment gateways and the user fails to receive a valid service or product as asked by the user in the application.

4.2 In the above circumstances, the User is required to raise the complaint on the Application. On receiving of such a complaint, the matter shall be examined by Haptik and if the complaint is found to be correct then a full or partial refund (as applicable in the scenario) shall be made to the user within a reasonable period of time.

4.3 Refund will be processed through payment into account of respective Debit Card/ Credit Card / Bank Account or other Payment Gateway that the user used to pay for the transaction in the first place.

4.4 Time required to process the Refunds and the Refund amount are both subject to the Vendor’s refund policy.

4.5 Haptik may run promotional offers incentivizing the User with cashback on one or more of its service and product offerings. For refunds of transactions involving such cashbacks, the User is obliged to first return the entire cashback amount to Haptik. Haptik is liable to refund the user only after receiving the entire cashback amount that the user had received for the transaction. Once Haptik receives the cashback amount from the user, the Refund process mentioned above in this section shall be followed. In a situation where the User has used the cashback amount, or if the cashback amount has expired, the User is first obliged to pay Haptik an amount equal to the amount that has been used/expired. Haptik is liable to process the refund only after this amount has been paid by the User.

E. USAGE OF COUPON CODES

5.1 Haptik has the right to refuse the usage of any coupon code at any point of time. Coupon codes that have expired cannot be used on the Application

5.2 Haptik can at any time ask you for the proof of having received the coupon code

5.3 Coupon Codes can be used only on specific orders as deemed fit by Haptik

5.4 Payments Received after the expiry of the coupon code will not be applicable for any kind of incentive on that order.

F. NO WARRANTIES

6.1 The Application is provided subject to all of the terms set forth in the Terms of Use.

6.2 Haptik makes no express or implied representations or warranties about its Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by us.

6.3 We make no express or implied representations or warranties about providing information within the estimated time period as may be shown on the use of the Application.

6.4 The company does not warrant that:

(i) its Application will be constantly available, or available at all;
(ii) that the information in this Application is complete, true, accurate;
(iii) your opt-out choices will be successfully executed in all cases; and/or
(iv) Haptik does not warrant that the Application is free of defects or errors.

G. LIMITATIONS OF LIABILITY AND INDEMNIFICATION

7.1 The downloading and/or use of the Application is entirely at your own risk and in no event shall Haptik be liable (whether under the law of contracts, torts or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities (collectively “damages”) whatsoever arising out of or relating to this Application. Your sole and exclusive remedy for dissatisfaction with the Application is to stop using the Application. You agree to defend, indemnify and hold Haptik, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of this Application.

7.2 We assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of data/information of a property or a project. We shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or User or to any other person's computer related to or resulting from participating or downloading materials/information from the Application.

H. UNENFORCEABLE PROVISIONS

8.1 If any provision of these Terms of Use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms of Use.

I. RESTRICTIONS ON USE

9.1 You may use the Application only for your own personal, non-commercial use. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without Haptik's prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.

J. INTELLECTUAL PROPERTY

10.1 All trademarks, brands and service marks used in conjunction with the Services offered by Haptik are owned by Haptik. Haptik shall own all of the copyrights and database rights in the Services. Without Haptik’s consent, you may not publish, distribute, extract or reproduce any contents provided by the Services. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use.

10.2 As a user of our Application, you acknowledge that any intellectual property which is not specifically mentioned to be owned by or assigned to Haptik is owned by their respective owners and the owners have a right to take appropriate actions against you in for any violation, infringement and passing off.

10.3 Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of this Application.

10.4 Haptik respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

K. DISCLAIMER

11.1 The contents on the Application could include technical inaccuracies or typographical errors. Also, Haptik may make changes or improvements to the Application at any time. The contents on the Application or any information are provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Haptik disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Haptik does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or that the Application, or the servers that make them available, are free of viruses or other harmful components. Haptik does not warrant or make any representations regarding the use of or the results of the use of the contents on the Application in terms of their correctness, accuracy, reliability, or otherwise. Haptik makes no commitment to update the materials on the Application or www.haptik.co. You (and not Haptik) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. Further, information contained on the Application is for informational purposes only and should not be relied upon for any other purpose. Haptik shall not be liable for any results obtained or not obtained as a consequence of the use of the information contained on the Application.

11.2 Any reference to Haptik or the information contained on the Application for commercial purposes, including citation in any advertising, sales collateral or other marketing materials, is strictly prohibited.

L. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Except as otherwise described, all contents provided by the use of this Application are made available only to provide information about Haptik and its Services. Haptik controls and operates the Application and "www.haptik.co" and makes no representation that the contents of the Application and www.haptik.co are appropriate or available for use in other locations. This Application is controlled and operated operated from India. If you use the Application from a location other than the location where the Application is controlled and operated, you are responsible for compliance with applicable local laws.

12.2 These Terms of Use shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to these Terms of Use shall be settled in the courts located at Mumbai, India.

Last updated on: January 25, 2017