1. General Provisions
1.1. Howzzthat Retail India Private Limited (hereinafter referred to as “Howzzthat”) offers the Internet user (hereinafter referred to as the User) to use their services on the terms and conditions set forth in this User Agreement (hereinafter referred to as the “Agreement”, “PS”). The Agreement enters into force from the moment the User expresses consent to its terms in the manner prescribed by paragraph 1.4 of the Agreement.
1.4. Starting to use any service / its individual functions, or having completed the registration procedure, the User is considered to have accepted the terms of the Agreement in full, without any reservations or exceptions. In case of disagreement of the User with any of the provisions of the Agreement, the User is not entitled to use Howzzthat services. If Howzzthat has made any changes to the Agreement in the manner prescribed by clause 1.3 of the Agreement, with which the User does not agree, he is obliged to stop using Howzzthat services.
2. User Registration. User account
2.1. In order to use some Howzzthat services or some individual functions of the services, the User must go through the registration procedure, as a result of which a unique account will be created for the User.
2.2. For registration, the User undertakes to provide reliable and complete information about himself on the issues proposed in the registration form and to keep this information up to date. If the User provides incorrect information or Howzzthat has reason to believe that the information provided by the User is incomplete or inaccurate, Howzzthat has the right to block or delete the User’s account at its discretion and refuse to use its services (or their individual functions) to the User.
When registering, the User can upload an image for the account (avatar). The image of the account may accompany the materials published by the User as part of the use of Howzzthat services. If you use the User’s image as an account image, the User acknowledges and agrees that Howzzthat has the right to publish and further use the User’s image for use in Howzzthat services, in advertising products, corporate blogs and Howzzthat accounts on third-party resources.
The user can at any time set up a name that will be assigned to him on the account management page. For authorized Users, the name will appear in Howzzthat services, including in materials published by the User, in reviews of goods, services or places. The User acknowledges and agrees that Howzzthat has the right to publish and further use the name specified by the User in Howzzthat services, in advertising products, corporate blogs and Howzzthat accounts on third-party resources.
The image and the name of the User account displayed in Howzzthat services must comply with the requirements of section 4 of this Agreement.
2.3. Howzzthat reserves the right at any time to require the User to confirm the data specified during registration in the User’s account on Howzzthat services (including the data of the Linked Card) and containing information about the User, as well as other information related to the use of Howzzthat services, available After authorization, using the username and password of the User on Howzzthat services (its affiliates). For the purpose of checking the data stated by the User, Howzzthat has the right to request supporting documents (in particular, identification documents), the failure to provide which, at Howzzthat’s discretion, may be equated to providing false information and entail consequences provided for in clause 2.2 of the Agreement. If the User’s data specified in the documents provided by him,
2.5. Means to access the user account.
2.5.1. When registering, the User independently chooses a username (a unique symbolic name for the User’s account) and a password for accessing the account. Howzzthat has the right to prohibit the use of certain logins, as well as establish requirements for login and password (length, valid characters, etc.).
2.5.2. After registering an account, the User has the opportunity to start using an alternative means of authentication to access the account, replacing them with the password. Access to such a facility is provided by setting up two-factor authentication in the user account management interface.
2.5.3 After the user logs in to the account, the account data entered by the User on his device can be automatically saved in the device’s browser until the User completes work under his account and does not require additional input of access to the account for every use of Howzzthat services. The user account data automatically stored in the device’s browser can be used to access Howzzthat services, including services, sites, applications, and other software products of its affiliates (including those belonging to the same group as Howzzthat Retail India Private Limited) and the Happy service ( https://happy.com ), with the exception of cases specified in clause 2.8.2 of this Agreement.
2.6. The user is solely responsible for the security (including resistance to guessing) of his chosen means of access to the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using Howzzthat services under the User’s account, including cases of voluntary transfer by the User of data for access to the User’s account to third parties on any conditions (including under contracts or agreements ) Moreover, all actions within or using Howzzthat services under the User’s account are deemed to have been performed by the User himself, with the exception of cases when the User, in the manner provided for in clause 2.7.,
2.7. The User is obliged to immediately notify Howzzthat of any case of unauthorized (not authorized by the User) access to Howzzthat services using the User’s account and/or of any violation (suspicion of violation) of the confidentiality of his account access means. For security purposes, the User is obliged to independently carry out the safe completion of work under his account (the “Exit” button) at the end of each session with Howzzthat services. Howzzthat is not responsible for the possible loss or damage of data, as well as other consequences of any nature that may occur due to violation by the User of the provisions of this part of the Agreement.
2.8. Use by the User of his account.
2.8.1. The User has no right to reproduce, repeat and copy, sell and resell, as well as use for any commercial purposes any parts of Howzzthat services (including content accessible to the User through the services), or access to them, except when the User has received such permission from Howzzthat, or when it is expressly provided for by the user agreement of any service.
2.8.2. Some categories of User accounts may restrict or prohibit the use of certain Howzzthat services or their individual functions if this is provided for during registration, or in the conditions of use of a particular service.
2.9. Termination of registration. Howzzthat has the right to block or delete the User’s account, as well as prohibit access to certain Howzzthat services using any account, and delete any content without explanation, including in case the User violates the terms of the Agreement or the conditions of other documents provided for in paragraph. 1.3. Agreements, as well as in the case of non-use of the corresponding service, in particular:
2.9.1. The mailbox on the Howzzthat.Mail service will be deleted if the user has not used it for more than 24 months.
2.10. Removing a user account.
2.10.1. The user has the right at any time to delete his account on all Howzzthat services or, if there is a corresponding function, terminate it in relation to some of them.
2.10.2. Howzzthat account deletion is carried out in the following order:
184.108.40.206. the account is automatically blocked for a period of one month, during which the User’s access to his account becomes impossible, while the content posted using such an account can be deleted;
220.127.116.11. if the User’s account is restored by the User within the specified time period, access to the account for the User will be restored, however, the content posted with it may not be subject to recovery;
18.104.22.168. if the user account is not restored within the above period, all content posted using it will be automatically deleted, and the login will be available for use by other users. From this moment, recovery of the account, any information related to it, as well as access to Howzzthat services using this account is impossible.
2.10.3. Given in paragraphs. 22.214.171.124., 126.96.36.199., 188.8.131.52. Agreements (with the exception of the availability of the login for use by other users), the procedure also applies to the prohibition of access to certain services using any account.
3. General provisions for use and storage
3.1. Howzzthat has the right to establish restrictions on the use of services for all users, or for certain categories of users (depending on the location of the User, the language in which the service is provided, etc.), including the presence/absence of certain functions of the service, storage period mail messages in the Howzzthat.Mail service, any other content, the maximum number of messages that can be sent or received by one registered user, the maximum size of the mail message or disco space, the maximum number of calls to the service for a specified period of time, the maximum shelf life of the content, special parameters of the downloaded content, etc. Howzzthat may prohibit automatic access to its services, as well as stop receiving any information,
Howzzthat, in order to protect the User’s equipment and its own equipment, it has the right to limit the reception of any messages and their delivery to the User when such messages contain malicious programs or code, or when Howzzthat automatic filtering and anti-virus protection determined the presence of such malicious programs or codes in these messages. The user is notified and agrees that Howzzthat, for the indicated purposes, has the right to analyze and research such malicious programs and codes contained in the indicated messages in order to improve the quality of Howzzthat automatic filtering and anti-virus protection.
3.2. Howzzthat has the right to send informational messages to its users. Using Howzzthat services, the User is also in accordance with Part 1 of Art. 18 of the Federal Law “On Advertising” gives its consent to receive advertising messages. The user has the right to refuse to receive advertising messages by using the appropriate functionality of the service within which or in connection with which the user received advertising messages.
The User agrees to Howzzthat to notify other Users of the Service about the public actions of the User, including the placement of new publications by him, about the actions taken by him in relation to the Content of other Users, as well as other activity committed by him within the Service.
3.3. In order to improve the quality of services, Howzzthat and/or the persons involved in conducting the survey have the right to collect opinions and reviews of Users on various issues by sending an information message the next time the User visits the service or by using the contact information provided by the User in the account (by phone calls or emails). The collected opinions and reviews can be used to generate statistical data that can be used in Howzzthat services. The reviews provided by the User during the survey can also be published by Howzzthat in Howzzthat services or in the services of persons affiliated with Howzzthat, both with an indication of the name (login) of the User and without an indication.
4. User Content
4.1. The User is solely responsible for the compliance of the content posted by the User with the requirements of applicable law, including liability to third parties in cases where the placement of the content by the User or the content of the content violates the rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties and / or infringes on intangible goods belonging to them.
4.2. The User acknowledges and agrees that Howzzthat is not obligated to view any kind of content posted and/or distributed by the User through Howzzthat services and that Howzzthat has the right (but not the obligation) at its discretion to refuse the User to post and/or distribute content or delete any content that is accessible through Howzzthat services. The user is aware and agrees that he must independently evaluate all the risks associated with the use of the content, including an assessment of the reliability, completeness or usefulness of this content.
4.3. The User is aware and agrees that the technology of the services may require the copying (reproduction) of the User’s content by Howzzthat, as well as its processing by Howzzthat to meet the technical requirements of a particular service.
5.1. The User is solely responsible to third parties for his actions related to the use of the Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service.
5.2. When using Howzzthat services, the User is not entitled to:
5.2.1. upload, send, transmit or in any other way post and/or distribute content that is illegal, harmful, libelous, offends morality, demonstrates (or promotes) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination of people against racial, ethnic, sexual, religious, social grounds, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, children eroticism, is an advertisement (or propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogs, explosives or other weapons;
5.2.2. violate the rights of third parties, including minors and/or harm them in any form;
5.2.3. impersonating another person or a representative of an organization and/or community without sufficient rights, including Howzzthat employees, forum moderators, site owners, and also apply any other forms and methods of illegal representation of other persons on the network, as well as mislead users or Howzzthat regarding the properties and characteristics of any entities or objects;
5.2.4. upload, send, transmit or in any other way post and/or distribute content, in the absence of rights to such actions under the law or any contractual relationship;
5.2.5. upload, send, transmit or in any other way place and/or distribute advertising information that is not specifically authorized, spam (including search), lists of other people’s email addresses, pyramid schemes, multi-level (network) marketing (MLM), systems of Internet earnings and e-mail businesses, “letters of happiness”, as well as use Howzzthat services to participate in these events, or use Howzzthat services solely to redirect users to pages of other domains;
5.2.6. upload, send, transmit or in any other way post and/or distribute any materials containing viruses or other computer codes, files or programs designed to violate, destroy or limit the functionality of any computer or telecommunication equipment or programs, to allow unauthorized access as well as serial numbers for commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized of access to sites on the Internet, as well as linking to the above information;
5.2.7. unauthorized to collect and store personal data of other persons;
5.2.8. disrupt the normal operation of Howzzthat websites and services;
5.2.9. to facilitate actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
5.2.10. otherwise violate legal norms, including international law.
6. Exclusive rights to the content of services and content
6.1. All objects accessible using Howzzthat services, including design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter referred to as the content of services), as well as any content posted on Howzzthat services, are the objects of exclusive rights of Howzzthat, Users and other copyright holders.
The use by the User of elements of the content of services, as well as any content for personal non-commercial use, is allowed provided that all copyright protection marks, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author/name of the copyright holder is kept unchanged, saving the corresponding object unchanged. The exception is cases expressly provided for by the legislation of the Indian Federation or user agreements of a Howzzthat service.
7. Third-Party Sites and Content
7.1. Howzzthat services may contain links to other sites on the Internet (third-party sites). These third parties and their content are not checked by Howzzthat for compliance with certain requirements (reliability, completeness, legality, etc.). Howzzthat is not responsible for any information, materials posted on third-party websites that the User accesses using the services, including any opinions or statements expressed on third-party websites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
7.2. A link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted on the Site is not an endorsement or recommendation of these products (services, activities) by Howzzthat, except when explicitly indicated on Howzzthat resources.
8. Advertising on Howzzthat services
8.1. Howzzthat is responsible for advertising placed on Howzzthat services within the limits established by the legislation of the Indian Federation.
9. Lack of warranties, limitation of liability
9.1. The user uses Howzzthat services at his own risk. Services are provided “as is”. Howzzthat does not accept any responsibility, including for the compliance of services with the goals of the User;
9.2. Howzzthat does not guarantee that: the services comply / will comply with the requirements of the User; services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the services will be accurate and reliable and can be used for any purpose or in any quality (for example, to establish and/or confirm any facts); the quality of any product, service, information, etc. obtained using the services will meet the expectations of the User;
9.3. Any information and / or materials (including downloaded software, letters, any instructions and instructions for action, etc.) that the User obtains access to using the Howzzthat services, the User may use at his own risk and risk and It is solely responsible for the possible consequences of using the specified information and / or materials, including for damage that this may cause to the user’s computer or to third parties, for data loss or any other harm;
9.4. Howzzthat is not liable for any types of losses resulting from the use of Howzzthat services by the User or certain parts/functions of services;
9.5. Under any circumstances, Howzzthat’s liability in accordance with Article 15 of the Civil Code of India is limited to 10,000 (ten thousand) Indian rupees and rests with him if there is any fault in his actions.
10. Other Provisions
10.1. This Agreement is an agreement between the User and Howzzthat regarding the procedure for using the services and supersedes all previous agreements between the User and Howzzthat.
10.2. This Agreement is governed by and construed in accordance with the laws of the Indian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Indian Federation. All possible disputes arising from relations regulated by this Agreement are resolved in the manner established by the current legislation of the Indian Federation, according to the norms of Indian law. Throughout the text of this Agreement, unless expressly stated otherwise, the term “legislation” means both the legislation of the Indian Federation and the legislation of the place of stay of the User.
10.3. With regard to services provided under this Agreement on a gratuitous basis, the rules on consumer protection provided for by the legislation of the Indian Federation may not be applicable to the relationship between the User and Howzzthat.
10.4. If Howzzthat services provide for the possibility of issuing a paid subscription, then the payment for the subscription is made by the User on a prepayment basis. In order to subscribe and further pay for a subscription, the User ties his bank card in his account (hereinafter referred to as the Linked Card). For the purposes of this Agreement, any bank card tied to the User’s account (including tied when subscribing to Howzzthat services either before the subscription is made or after it is registered) is considered a Tied card. Howzzthat has the right to deduct the amount of the cost of subscribing to Howzzthat services from any of the Linked cards. When specifying the data of the Linked Card and the further use of the Linked Card, the User confirms and guarantees that he indicates true and complete information about a valid bank card issued in his name; compliance with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with regard to the procedure for conducting non-cash payments.
10.5. Nothing in the Agreement can be understood as the establishment between the User and Howzzthat of agency relations, partnerships, joint activities, personal hiring relations, or any other relations not expressly provided for in the Agreement.
10.6. If for one reason or another, one or more of the provisions of this Agreement is declared invalid or null and void, this does not affect the validity or applicability of the remaining provisions of the Agreement.
10.7. Inaction on the part of Howzzthat in case of violation by the User or other users of the provisions of the Agreements does not deprive Howzzthat of the right to take appropriate actions to protect its interests later, and also does not mean Howzzthat’s waiver of its rights in the event of subsequent similar or similar violations.
10.8. This Agreement is made in India and in some cases may be provided to the User for review in another language. In the event of a discrepancy between the Indian version of the Agreement and the version of the Agreement in another language, the provisions of the Indian version of this Agreement shall apply.