Terms of Service

These terms of use govern your access to the www.hike.in website (the "Website") and constitutes a binding legal agreement ("Terms") between you ("you", "your" or "yours") and Hike Private Limited, having its registered office at Bharti Crescent, 1, Nelson Mandela Road, Vasant Kunj, Phase - II New Delhi – 110070, India (formerly Hike Limited) (hereinafter referred to as "Hike" / "we"/ "us") (which expression shall include its successors and assigns).

If you do not agree with any of these Terms, please do not access or otherwise use this Website or any information contained on the Website. Your use of the Website shall be deemed to be your understanding of, and agreement, to each of the Terms set forth below.

These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000) and is generated by a computer system and does not require any physical or digital signatures.

Any and all copyright and other forms of intellectual property rights in the information and materials present on this Website, including but not limited to trademarks, name, logos, graphics, images, textual content (the "Information"), vest in Hike or third parties who have authorized use of such Information on the Website. Unless otherwise provided in respect to specific areas or Information on the Website, we grant you only the limited license to display the Information on your personal computer or personal mobile device, and to copy and download such Information, provided that: (i) any copyright, trademark or other notice appearing on such Information is also retained by, displayed, copied, or downloaded as part of the Information, and is not removed or obscured or modified; and (ii) such display, copy, or reference is used solely for your personal benefit and has no commercial underpinning in any way. Such Information may not be distributed, transmitted, displayed, or broadcasted in any manner or for any purpose whatsoever. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Information in any manner, without our prior written permission. This limited right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of access, you agree to immediately erase, delete or otherwise destroy any downloaded Information, whether in soft copy or otherwise. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Information other than a limited right of display.

You agree not to use the Information in any way that would compromise the proprietary nature of the Information. Without limiting all of the foregoing, you agree not to deliver the Information themselves, either reproduced or modified, or anything derived from the Information, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to your clients or to others, except with the prior written permission of Hike.

We have no specific prior review process or editorial control over any third party content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective parties and not necessarily those of Hike. We do not guarantee the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.

There may be links established between this Website and other websites which are not under the control of, or maintained by us. Such links do not necessarily constitute an endorsement by Hike of those websites. We undertake no obligation to monitor such websites, and you agree that we are not responsible for the content of such websites or any technical or other problems associated with any such third-party website, links, or usage. 

We offer services pertaining to our two products: Rush by Hike (“Rush app”) and Vibe by Hike (“Vibe app”) (collectively, referred to as the “Applications”). For more information, for each of these, please visit https://www.getrushapp.com/ and https://vibe.fun/welcome, respectively. Your access to these websites shall be governed by separate terms and conditions and privacy policy as contained thereunder. Please ensure that you are familiar with the same prior to accessing the above mentioned websites or the respective apps, as your use of the same shall be deemed to be your understanding of, and agreement, to each of the terms set forth thereunder.

You acknowledge and agree that the Website, Rush app, Hike app, including without limitation any content available on the same; and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of Hike and its licensors, as applicable. All content related to Hike corporate and business activities embedded in the Website, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Hike or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Website is also the exclusive property of Hike and is protected by applicable laws.

You agree and acknowledge that the data pertaining to the Website is hosted on the servers employed by Hike (whether owned by itself or licensed from any other third party) (“Hike’s Servers”).

All software used on the Website is the property of Hike or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Website is strictly prohibited.

All Hike, Vibe app, Rush app graphics, logos and service names are trademarks of Hike or its affiliates. Hike’s trademarks must not be used in connection with any product or service that is not Hike's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hike. The logos and trademarks of third parties on the Applications belong to respective third parties / brands.

Hikemoji(s) created by you are owned exclusively by us, and we reserve the right to use any such Hikemoji for any purpose, including to promote our products and services.

Should you develop or be deemed to have any rights in a Hikemoji, you irrevocably and unconditionally assign to Hike absolutely, with full title guarantee and free from any and all encumbrances, all of your right, title, and interest in and to such Hikemoji.

Guidelines

These guidelines are for those who wish to use Hike’s trademarks or logos, including pertaining to Rush app or Vibe app (“Hike Logo(s)”) in any material, mediums or modes. Kindly note that any use of Hike Logos without the prior written consent/authorisation of Hike Private Limited or any use outside of the usage as expressly permitted in writing, is strictly prohibited and will constitute infringement. To request use of the Hike Logo(s) for your purpose, please write to legal@hike.in. 

Please read our Privacy Policy to understand our practices which govern your use of the Website. Any information provided by you on the Website will be collected, stored, processed, transferred or shared by us and our affiliates in accordance with our Privacy Policy. These Terms are deemed to incorporate the Privacy Policy posted on this Website.

You covenant and represent that you shall not access the Website so as to:

  1. Violate any applicable law, guidelines, ordinance, rule or regulation.
  2. Interfere with or disrupt computer networks connected to our Website.
  3. Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes our Website, or any component thereof (including, but not limited to any materials or information accessible through our Website.
  4. introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of the Website, or otherwise permit the unauthorized use of or access to a computer or a computer network.
  5. Use any device, software or routine to interfere or attempt to interfere with the proper working of our Website
  6. Decipher, decompile, disassemble or reverse engineer the software, applications and/or any element comprising the Website, or otherwise interfere with, damage, disable, disrupt, impair, create an undue burden on, Hike’s servers, networks or accounts; or cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website.
  7. Access data not intended for you or log into a server or account that you are not authorized to access.
  8. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Website.
  9. Attempt to probe, scan or test the vulnerability of a system or network.
  10. Use automated means to crawl and/or scrape content from our Website and to manually scrape content from our Website.
  11. Access the Website except through the interfaces expressly provided by Hike.
  12. Attempt or breach security or authentication measures without proper authorization.
  13. Providing deep links into our Website without our prior written permission is prohibited. Extracting data from our Website using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.

You represent and warrant that your use of the Website will be solely for purposes that are permitted by these Terms and that you will provide true and accurate information for receiving our newsletters if you subscribe to the same.

You must not use the Website for fraudulent purposes or in connection with a criminal offense or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.

You agree and acknowledge that in the event that you violate the above, Hike will have the right to remove any such content or information posted by you and take other actions as Hike deems appropriate.

You shall not infringe or violate third-party rights, where applicable.

Hikemoji

In addition to the other Terms herein, you shall not:

  1. Monetize Hikemoji or features related to it in any manner.
  2. Sell Hikemoji merchandise. 
  3. Copy the Hikemoji look and feel. 
  4. Use Hikemoji or features relating to it in a way that suggests or implies partnership, sponsorship, or endorsement by Hike. 
  5. Incorporate Hikemoji or features relating to it or anything confusingly similar, into any other trademarks, names, domain names, usernames, or logos. 
  6. Feature Hikemoji or features relating to it in connection with pornography, illegal activities/marketplaces, or other materials that violate these Terms or Privacy Policy or applicable laws.

Hike reserves the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, the Website (or any part/content thereof, including but not limited to any vacancies for any role at Hike), without any cause and/or without any notice to you. You agree that Hike and its affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website (or any part/content thereof, including but not limited to any vacancies for any role at Hike).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION. THE WEBSITE IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. HIKE AND/ OR ITS AFFILIATES (WHERE APPLICABLE) GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE WEBSITE. HIKE AND/ OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

HIKE MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE WEBSITE; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE WEBSITE; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE WEBSITE; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE WEBSITE; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE WEBSITE; (H) ACCURACY AND APPROPRIATENESS OF CONTENT. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE WEBSITE. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIKE OR ANY PARTY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.

WHILST HIKE WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, HIKE WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH HIKE THAT MIGHT OCCUR FROM TIME TO TIME INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.

YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE WEBSITE.

To the maximum extent permitted by applicable laws, under no circumstance will Hike or its affiliates, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Website, following a failure, suspension or withdrawal of all or part of the Website at any time, any third party content, software or functions used in connection with the Website even if Hike or any or all of its agents have been advised of the possibility of such damages. Notwithstanding anything to the contrary, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the amount paid by you, if any, for using the Website giving rise to the cause of action or Rupees one thousand only (Rs. 1000), whichever is lesser.

You agree to indemnify, defend and hold harmless Hike, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind, including but not limited to arising out of: (i) your access to or use of the Website; (ii) any breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; and (v) your negligence or misconduct. These obligations will survive termination of these Terms.

We reserve the right to terminate your access to the Website at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. Our right to terminate your access is in addition to all other legal or equitable remedies available to us hereunder, which rights are fully and expressly reserved by us. Upon termination of these Terms for any reason, you shall cease to use or further access any Website’s content or services and be liable for any unauthorized attempts to do so via any means.

Hike will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Hike's reasonable control.

The Website must only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If you are a minor (i.e. you are under the age of 18 years), you may use the Website only under supervision of your parent or guardian.

Hike may communicate with you, including but not limited to through email, if you subscribe to our newsletters. 

Please review these terms regularly. We may in our sole discretion modify or amend these Terms from time to time without any prior notice. Your use of the Website upon publication of such modified or amended terms will constitute your deemed acceptance to the modified or amended Terms.

You agree that these Terms read with the terms of the Privacy Policy and/or any other terms/ policies relating to the relevant Application will constitute the complete agreement between you and Hike and supersedes any and all proposals, representations or prior agreements, oral or written, and any other communications between you and Hike relating to the subject matter of these Terms.

If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.

If you breach these Terms and Hike takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

You acknowledge and agree that this Agreement shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whatsoever except the parties hereto.

These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at New Delhi, India for all disputes arising out of or relating to these Terms.

In case you have any queries pertaining to our Applications, you may contact our customer service at support@rushapp.in or care@vibe.fun depending upon the Application.

In the event you have any complaints or grievances regarding usage of the Website, please contact Priyanka Yerranagula at grievanceofficer@hike.in. The address for sending any correspondence in this regard is as follows: 

Hike Private Limited, 910, 911, Ninth Floor, Westend Mall, Janakpuri, Near District Centre, New Delhi - 110058, India 

Attention: Grievance Officer

The complaints will be acknowledged and redressed in the manner provided under the Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules framed thereunder. 

You understand and agree that Hike may takedown, delete or remove any content available on the Website in its sole discretion, without any notice to you, for any reason whatsoever including if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).

If you believe in good faith that any content displayed or transmitted through the Website infringes your copyright or is offensive or opposed to public policy, you may reach out to us at legal@hike.in. We may review such content and remove the content at our discretion and/or as mandated by applicable laws.