The following terms of service constitute a binding legal agreement (the “Agreement”) between You and Hike Ltd. (hereinafter “hike” / “we”/ “us”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the hike Messenger (the “Application”) and any related services will be licensed to You by hike.
By accessing, downloading, installing the Application, You acknowledge that You are competent to contract (i.e. the age of majority according to applicable law, of sound mind and not disqualified from contacting by applicable law) and have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.
1. The Application: hike Messenger Service
We provide ‘hike’ messenger software application and related services currently made available to You free of charge. The ‘hike’ Application is a P2P messaging service that allows users to send messages share photos, videos, songs, etc. over the internet and SMS. We reserve the right to suspend or withdraw this Application, at any time, without notice. More information about the application is available on the website www.hike.in (“Site”).
You acknowledge and agree that you will have to provide hike Your mobile phone number. You expressly acknowledge and agree that in order to provide this service, hike may periodically access Your contact list and/or address book on Your mobile device to find and keep track of mobile phone numbers of other users of this service. To ensure a better user experience, hike may also at times, access names stored in Your address book to ensure any incoming messages and push notifications via the SMS feature have a name associated with them for a superior user experience. For instance, if hike cannot access names on Your address book, when a non-hike user responds to a SMS sent from hike, the incoming reply will show the non-hike users number and not the name.
Similarly, when You invite Your contacts and or send messages to Your contacts, the invite/message to Your contacts may appear as an SMS/message from Your name/the mobile number you have registered with.
You must notify hike immediately of any breach of security or unauthorized use of Your mobile phone. Although hike will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of hike or others due to such unauthorized use.
2. Application Stores
Subject to the Terms and compliance thereof hike grants You a license to use the Application and related services provided that (a) You use the Application solely for Your personal and lawful use; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You will otherwise comply with the terms and conditions of this Agreement (the “License”).
For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licenseable, revocable and a limited license to download and use the Application on a mobile device that You own or control.
5. Code of Conduct
You represent and warrant that: (i) You have the authority and capacity to enter and bind Yourself to this Agreement; (ii) Your use of the Application or the site will be solely for purposes that are permitted by this Agreement; (iii) You will provide accurate information about Your mobile phone number and any other number on Your address list required for use of the Application, (iv) Your use of the Application or the site will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any law, regulation, or contractual obligations, and further that (v) You will not misuse the Application and/ or the site and acknowledge and understand that “misuse” includes, but is not limited to using the Application and/ or the site in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) that is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) that is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using this Application and or Site; and (vi) You will not impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity.
You shall be solely responsible for all contents that You upload, transmit, share or display through the Application or the Site, (collectively the “Contents”) including but not limited to any photos, profiles (including Your name and image), messages, information, text, video, music, third party links. hike does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 4 above. You understand and agree that hike may review the Application and the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason including any Content that in the sole judgment of hike violates the Terms of this Agreement. When You post Your Content vide the Application or related services, You grant, and You represent and warrant that You have the right to grant, to hike, a worldwide, non- exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, translate, prepare derivative works, display, excerpts and distribute such Content for or in connection with the use of the Application or Site. hike does not assert any ownership over the Contents and subject to the rights granted to Hike in this Agreement, You retain full ownership of all of Your Contents and proprietary rights associated with the Contents. Upon termination of the Application (i.e. deletion of the hike account) from Your mobile device, hike shall delete all Your Contents from its database and servers within a maximum of 30 days,except to the extent required to be retained by applicable law. Hike reserves the right to send You periodic communications for the purpose of sharing new updates with You. For the avoidance of doubt, it is clarified that any part of Your Content (viz. Your messages , status updates, Profile picture updates) stored by Your contacts/Circle of Friends for example locally on their device may remain after You delete your account till it is deleted by such contacts. Similarly any part of Your Content, which is publicly available to other users of Hike who have you in their list of contacts (i.e. the content included in the image uploaded by You and the associated time stamp) stored by Your contacts may remain after You delete Your account till it is deleted by such contacts.
7. Modifications to the Application
hike reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, Application (or any part thereof) with or without any notice. You agree that hike shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Application or the Site.
You acknowledge and agree that the Application, the Site and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of hike and its licensors, as applicable. All content related to Our corporate and business activities included on the Site and embedded in the Application, 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 legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Application is also the exclusive property of the hike and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of hike or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All Our graphics, logos and service names are trademarks of the hike or its affiliates. hike’s trademarks may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits hike. hike’s trademarks may not be used in connection with any product or service except as authorised by hike in writing.
9. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION.
THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. HIKE, ON BEHALF OF ITSELF, NOKIA, MICROSOFT, ALL WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM HIKE ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPLICATION. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.
HIKE MAKES NO WARRANTY AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND RELATED SERVICES; FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION, USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR RELATED SERVICES, THAT THE APPLICATION WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION; THAT ANY ERRORS, BUGS OR FAILURES IN THE APPLICATION WILL BE CORRECTED. ACCORDINGLY, YOU EXPRESSLY AGREE THAT USE OF APPLICATION AND RELATED SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION 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 APPLICATION. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIKE OR ANY PARTY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT.
WHILST HIKE SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, HIKE SHALL, 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 SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION.
10. Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance shall hike, its directors, employees or agents be liable to You or any third person 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 Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if hike or any or all of its agents have been advised of the possibility of such damages.
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 arising out of: (i) Your access to or use of the Application, Site and related services; (ii) any breach by You of Your obligations under this Agreement; (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; (v) Your negligence or willful misconduct. These obligations will survive termination of this Agreement.
12. Force Majeure
hike shall 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, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Our reasonable control.
13. Amendments to this Agreement
We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Such change shall be notified on the website www.hike.in. Your use of the Application after such notice of any change shall be deemed to be an acceptance to the amended Agreement.
This Agreement commences on the date You accept the Terms of this Agreement. Hike may terminate or suspend use of the Application or the Site at any time in its discretion, without notice to You. Upon any termination for any reason, hike shall have no liability to You and no further obligations under this Agreement.
Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the Application and related services;
Additionally, Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the Application or the Site.
All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
15. Entire Agreement
If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.
This Agreement may be assigned by hike to its successors and assigns including if there is any re-organization of hike.
18. Governing Law
This Agreement shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in New Delhi, India for all disputes arising out of or relating to this Agreement.
The Application is intended for people who are competent to contract under applicable law. Individuals who are less than 18 years old are not permitted to use this application unless the complete Agreement is seen and agreed by parents or their legal guardians under applicable law. You confirm that You are at least 18 year old or otherwise competent to contract including with consent of Your parent/legal guardian as may be required under applicable law.
hike may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below:
User Provided Information: You provide certain Personally Identifiable Information, such as Your mobile phone number, name and mobile device information to hike when choosing to participate in the use of the hike application, such as registering as a user, messaging other hike users, posting status updates, uploading images. In order to provide the hike service, hike will periodically access Your address book or contact list on Your mobile phone to locate the mobile phone numbers of other hike users. To ensure a better user experience, hike may also at times, access names stored in Your address book to ensure any incoming messages and push notifications via the SMS feature have a name associated with them. For instance, if hike cannot access names on Your address book, when a non- hike user responds to a SMS sent from hike, the incoming reply will show the non-hike users number and not the name.
hike may receive data whenever You connect with an application or site through hike (such as during status update, when You connect to other sites and in which case hike posts to these sites on Your behalf ). This may include date and time You visit the site, the web address, IP address information, browser and if You are logged into hike and Your authentication tokens used on such sites. Your authentication tokens may be saved on the server for the sole purpose of seamless posting to the same site by You in the future through hike.
hike does not collect emails, addresses or other contact information from its users’ mobile address book other than mobile phone numbers and names associated with such mobile phone numbers. The hike mobile application will associate whatever name the hike user has assigned to the mobile telephone number in his/her mobile address book.As a result, if You have Your friend’s mobile phone number associated with the name “Doctor” or “Electrician”in Your mobile address book, that’s the name that will appear for that mobile phone number in Your hike list of contacts. We do not collect location data, but at time users may voluntarily share their location with other users via the hike application.
If the recipient can be messaged via the hike application, the message is delivered to that recipient via data service routed through our servers. Any messages that are undelivered are held on the hike servers until they can be delivered or for a period of 30 days whichever is earlier.
With the introduction of hike 2.0, any status update messages and profile image updates posted by a hike is stored on our servers to facilitate the normal use of the Status Updates feature in hike 2.0 and beyond. This includes but is not limited to the timestamp and the actual status update message.
hike may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which hike is legally compelled to collect in accordance with retention policies applicable under Indian law.
Use of Information
We neither share nor sell without Your consent Your Personally Identifiable Information such as Your mobile phone number and address book and any other information we may collect with any third parties for use for commercial, advertising and or similar marketing purposes without Your consent. However, in the future as apart of a specific promotion or feature You may specifically choose to opt-in/opt-out for any specific product and or service which may allow Your personal information to be used for such purposes.
We may share Your Personally Identifiable Information and Contents to deliver the services desired by You to the extent it is necessary to maintain or further develop and enhance our Application and to ensure the functionality and security of our services and to prevent and investigate any fraud and other misuse.
We may share non-personally-identifiable information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with third-parties to better understand usage patterns for certain content, services, advertisements, promotions, and/or functionality related to hike application.
We may disclose the Personally Identifiable Information and available user Contents as required pursuant to applicable laws, a directive or order of a government entity or statutory authority or any judicial or regulatory authority or to law enforcement agencies in any official investigation including but not limited to cyber incidents, prosecution and punishment of offences. You agree that hike has the right to monitor the Application electronically from time to time and to disclose information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Application properly for justified purposes that are relevant for the features and functionalities of the Application and related services opted by You, or to protect itself or its subscribers. We may transfer Your Personally Identifiable Information or other information collected, stored, processed by us to any other entity or organization located in India or outside India only in case it is necessary for providing services to You in connection with Application. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.
In the interest of protecting Your privacy and for security measures, we ensure that we take reasonable steps to identify and authorise You before registering Your mobile phone number and granting You use of the hike application.
Security of Personal Information
We have implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration and to preserve the security of the Personally Identifiable Information in our care. Our security practices and procedures limit access to personal information on need to know basis only.
Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for our servers and other technically and commercially reasonable measures.
However, hike cannot guarantee in any way with respect to any Personally Identifiable Information or Contents that You upload transmit, share or display through the Application or the Site and You do so at Your own risk.
Using unsecured or other unprotected networks to send messages and use of other features through the hike application is not recommended.
If hike learns of a security breach, then we may attempt to notify You electronically so that You can take appropriate protective steps.
Third Party Application Stores
The Application can also be downloaded from third party application stores including Google Play, Nokia Ovi Store, Windows Marketplace and iTunes Store etc. You agree to comply with all third party privacy policies, if any, applicable to the use of the Application or related services. We shall not be responsible for Your use of any third party product and or service including the terms and conditions of such third party product and or service and or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of the Application.
We will strive to address Your feedback and concerns in a timely and effective manner.