Terms & Conditions
Last updated on Apr 30, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Agreement to Terms
Bamchik grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use our service strictly in accordance with the terms of this Agreement.
These Terms and Conditions constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“you”) and ANOROC TECHNOLOGIES (“we,” “us” or “our”), concerning your access to and use of the application – BAMCHIK, which is licensed to and operated by ANOROC TECHNOLOGIES, having its registered office at Gurgaon - 122011, Haryana, India. You agree that by accessing the application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
The content available on the application 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Application is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Application. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Application.
Contest Rules
Rules for participating in the contest:
● In the video, participant himself / herself needs to be present for easy verification.
● Participant will be disqualified if found that unfair means had been used instead on their own voice, like recordings or lip syncing etc.
● Videos should be without any tags or watermarks.
● Winners will be decided on the parameters like Watch Count, Like Count but the final decision would be in the hands of Bamchik Jury.
● Anoroc technologies hereby intimates and informs that Apple is nowhere associated and promotes such contest and nor is sponsoring the said contest in any mode or manner , directly or indirectly and the said contest is being solely manged and held by the developer itself
DISCLAIMER:
Anoroc Technologies hereby declare that 'BAMCHIK' is solely responsible for the distribution of contest prize/earnings and will never ask money from any user.
'BAMCHIK' also does not support any kind of gambling/lottery related monetisation in the app
Content Guidelines
We actively remove content which is not allowed on our Platform and violates both our Guidelines as well as applicable Indian laws. If such content comes to our attention, we may take it down or ban user accounts. If you come across any content that violates these Guidelines, we encourage you to report it. The intent of the creator is important. We understand the importance of creative freedom, however we do not welcome content that intends to bring discomfort, spread what may be considered hate speech and abuse, promotes violence and illegal activities or impedes the creator or artist ecosystem on Bamchik.
Intellectual Property Rights
Unless otherwise indicated, the application - Bamchik is our proprietary property and all source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics on the application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the India, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms of Use, no part of the application and no Content or Marks other than user created content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
User Representations
By using the Application, you represent and warrant that:
1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update such profile information as necessary;
3. You have the legal capacity and you agree to comply with these Terms of Use;
4. You are not under the age of 13
5. Not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Application;
6. You will not access the Application through automated or non-human means, whether through a bot, script or otherwise;
7. You will not use the Application for any illegal or unauthorized purpose; and
8. Your use of the Application will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).
User Registration
You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Prohibited Activities
You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Application, you agree not to:
1. Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory for any personal benefit or misusing it in any way.
2. Make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
4. Engage in unauthorized framing of or linking to the Application.
5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
9. Attempt to impersonate another user or person or use the username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Application in order to harass, abuse, or harm another person.
12. Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavour or commercial enterprise.
13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
14. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
16. Delete the copyright or other proprietary rights notice from any Content.
17. Copy or adapt the Application’s software
18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
21. Use the Application in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
The Application may invite you to Log In through mobile number and enter your personal information like – Name, Username, Contact Number, DOB, Password, and Email-Id.
Further you can access the functionality of the application - create videos, add additional filters, sound tracks, dialogues to it, share, download, comment, like and follow other creators or report any offensive Video Content. Participate in Weekly Contest of Acting, Singing, Dancing and Stand-up; and get a chance to win weekly cash prizes, rewarded to the creators totally based on their performance by each Genre Critic. We may provide you with the opportunity to create, submit, post, display or broadcast your original content on the application – Bamchik, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application
Contribution License
By posting your Contributions to any part of the Application [or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) To re-categorize any Contributions to place them in more appropriate locations on the Application; and
(2) To pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Bamchik does not waive any rights to use similar or related Feedback previously known to Bamchik, developed by its employees or contractors, or obtained from other sources. Bamchik may at any time, without prior notice and in its sole discretion, remove such Feedback and/or terminate a user's account for submitting any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable in violation of these Terms of Service. You further grant Bamchik all the rights as regards the usage, advertise such feedback as submitted by you regarding the service and shall not reserve any right upon the usage of such feedback as submitted by you.
Content Policy
We actively remove content which is not allowed on our Platform and violates both our Guidelines as well as applicable Indian laws. If such content comes to our attention, we may take it down or ban user accounts. If you come across any content that violates these Guidelines, we encourage you to report it. The intent of the creator is important. We understand the importance of creative freedom, however we do not welcome content that intends to bring discomfort, spread what may be considered hate speech and abuse, promotes violence and illegal activities or impedes the creator or artist ecosystem on Bamchik.
If any user intentionally abuses another user through any means be it in comments or in video, which can harm the dignity of the other user, then the user has the sole right to file an action against the abusive user by writing and sending a mail to us at report@bamchik.com. Under these circumstances, the profile of the abusive user will be suspended within 24 hours and further immediate measures will be taken.
Adherence to Applicable Laws
All content, including without limitation, content that is uploaded, posted, commented on, or shared by you on our Platform, must adhere to the laws of India, including without limitation, the Indian Penal Code,1860 and, the Information Technology Act, 2000 along with all rules and amendments made under such laws. We cooperate with legal authorities and follow enforcement mechanisms in cases of breach of applicable laws.
Platform Security
Reporting
When you see any content or activity that comes under the following category:
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Spam or Misleading
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Nudity
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Violence
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Hateful or Repulsive Content
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Child Abuse
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Copyright / Trademark Infringe
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Hateful Speech or Symbol
Please tap or click on the REPORT button. When you report content, we will process and review the content. If we find the content or activity to be unsuitable for our Platform, we will remove it within 24 hours. If you believe any content on the Platform infringes your rights as a copyright holder, you can file a copyright claim by sending an email to report@bamchik.com and the same will be assessed for further review and action. There may be such content on the Platform which you do not like but the same does not violate these Guidelines. In that case, we request you to unfollow the user.
Intermediary Status and Review of Content
We are an intermediary as per the applicable laws. We do not control what our users post, comment, share or say on the Platform and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others even if you access them through our Services. Our responsibility and liability for anything that happens on our Platform is strictly governed and limited by the laws of India.
We expect you to be responsible for what you post and what you see. If any of our users report your content to be against these Guidelines, we may take enforcement actions as necessary.
Right To Challenge
In case the content you upload or post, or your activity is reported by another user and removed from our Platform, and you believe that your content has been unfairly removed, you may write to us at report@bamchik.com to challenge the removal. We may review the content again and determine if it may be reposted on the Platform.
Our Actions Against Violators
We take strict and prompt action against those who violate these Guidelines. If your profile is reported for violating these Guidelines, then your profile may be suspended temporarily. In case of repeated breach of these Guidelines, we may be compelled to terminate your account with us permanently and block you using our services.
If required, we will cooperate with legal authorities and law enforcement mechanisms. Please note that we are under no obligation to assist you.
Guidelines for Reviews
Google Play and Apple Store provide you areas to leave reviews or ratings for the Application. When posting a review, you must comply with the following criteria:
(1) You should have first-hand experience with the person/entity being reviewed;
(2) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) Your reviews should not contain references to illegal activity;
(5) You should not be affiliated with competitors if posting negative reviews;
(6) You should not make any conclusions as to the legality of conduct;
(7) You may not post any false or misleading statements; and
(8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.
Mobile Application License
Use License
If you access the Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
(1) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) Use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
(6) Make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time;
(7) Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
App Policy
The following terms apply when you use a mobile application obtained from either the App Distributor to access the Application:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple IOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) you represent and warrant that
● you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and
● you are not listed on any Indian government list of prohibited or restricted parties;
(4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Application Management
We reserve the right, but not the obligation, to:
(1) Monitor the Application for violations of these Terms of Use;
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) In our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) Otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Application is hosted in India. If you access the Application from the European Union, US, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Application or Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India. [Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Indian Law, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Application as quickly as is reasonably practical.]
Digital Millennium Copyright Act (DMCA) Notice & Policy
Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements mentioned below:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by the Notification, a representative list of such works on the Application;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Through the Services, you will have the ability to access and/or use content provided by Contributors, other users, and/or other third parties and links to websites and services maintained by third parties. Bamchik cannot guarantee that such content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or infringes any Intellectual Property Right or other contaminants that may harm your computer, mobile device, or any files therein. Bamchik disclaims any responsibility or liability related to your access or use of such content and the User or any Third party shall not hold Bamchik Liable for any defaults, damages or violations.
The User / Third Party further agrees and confirms to report any Copyright Infringement under any Law of any Country immediately as when such material is found on the App and Bamchik further assures and undertakes, that incase any infringing data / material is available on the App, the same shall be removed within 24 hours of such reporting and the User/ Third Party shall not hold Bamchik or ANOROC TECHNOLOGIES liable for any infringements of violations after the same stands removed from the App.
Term & Termination
These Terms of Use shall remain in full force and effect while you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APPLICATION OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications & Interruptions
We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.
We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.
Law, Jurisdiction and Arbitration
The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Haryana and no other court.
All disputes arising under or in relation to these Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the "Act") the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed thereunder and the place of Arbitration shall be Haryana. The arbitration proceedings shall be conducted in English. The arbitrator's award shall be final and undisputable by both Parties.
Disclaimer
THE PLATFORM, ITS FEATURES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND "WITH ALL FAULTS".
Your correspondence or business dealings with, or participation in promotions of, advertisers or activity providers 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 or activity provider. ANOROC TECHNOLOGIES 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 or activity providers on the Platform.
ANOROC TECHNOLOGIES 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).
Limitations of Liability
To the maximum extent permitted by law, ANOROC TECHNOLOGIES shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of content or information. In no event shall ANOROC TECHNOLOGIES's aggregate liability for all claims exceed Rupees One Lakhs.
You acknowledge and agree that the disclaimers and the limitations of liability set forth in this terms of use reflect a reasonable and fair allocation of risk between you and the ANOROC TECHNOLOGIES, and that these limitations are an essential basis to ANOROC TECHNOLOGIES's ability to make the services available to you on an economically feasible basis.
You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You acknowledge that ANOROC TECHNOLOGIES is a mere platform for showcasing talent and will not be liable on account of any inaccuracy of information or Infringement under any Law by the Contributors registered with Bamchik. It is the responsibility of the User to further research the information on the site. Any breach of privacy or of the information provided by the User to be placed in the website by technical or any other means is not the responsibility of Bamchik. ANOROC TECHNOLOGIES does not guarantee confidentiality of information provided to it by any person acquiring/using all/any user displayed on Bamchik or any of its other websites / domains owned and operated by ANOROC TECHNOLOGIES
By accepting these terms and conditions, you agree to indemnify and otherwise hold harmless ANOROC TECHNOLOGIES, its directors, officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the services obtained through Bamchik including but not limited to information provided by you or any other matter relating to Bamchik.
Indemnification
You agree to defend, indemnify, and hold ANOROC TECHNOLOGIES and its affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, costs and expenses, including attorney's fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the Platform in a manner inconsistent with this Terms. Notwithstanding its reasonable efforts, ANOROC TECHNOLOGIES and its affiliates cannot take responsibility or control the Content made for access through the Platform.
ANOROC TECHNOLOGIES will not be party to any legal proceedings between a user (e.g. a subscriber) and a Third party alleging violations / infringements / damages. In case ANOROC TECHNOLOGIES is implicated in any legal proceedings, costs will be recovered from the party that names ANOROC TECHNOLOGIES. Bamchik however will abide with any court order served on it through due process.
User Data
We will maintain certain data that you transmit to the Application for the purpose of managing the Application, as well as data relating to your use of the Application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications & Transactions
Visiting the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Application constitute the entire agreement and understanding between You and ANOROC TECHNOLOGIES. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and ANOROC TECHNOLOGIES as a result of these Terms of Use or use of the Application. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact Us
In order to resolve a complaint regarding the application or to receive further information regarding use of the application, please contact us at:
ANOROC TECHNOLOGIES
Sector 53, Gurgaon – 122003
Or Via Email: info@bamchik.com