These Terms of Service (‘Terms’) outline the terms and conditions that govern your access to the Hike Sticker Chat application (‘Application’), Hike web (‘Web’) (collectively the "Hike Platform") and use of the services offered through the Hike Platform (collectively, "Services"). These Terms of Service constitute a binding legal agreement between you ("you", "your" or "yours") and Hike Private Limited (formerly Hike Limited) (hereinafter referred to as "we"/"us") (which expression shall include its successors and assigns). Please note that:
1. Hike Platform
Hike is an online platform which enables you to engage in peer-to-peer (P2P) interaction with other users and avail Services made available to you by Hike Services include but are not limited to instant messaging services, audio and video calling etc. Hike may at its discretion allow you to use some of these Services free of charge. Our Services are very diverse and additional terms or product requirements may apply to certain Services. Such additional terms are made a part of these Terms by this reference. If there is a conflict between the Terms and the additional terms, the additional terms will supersede the Terms.
More information about the Hike Platform and the Services is available on Hike's website at www.hike.in ("Site").
2. Your Account on Hike & Your access to the Hike Platform
You can access the Services on the Hike Platform by creating an account on the Hike Platform. By using the Hike Platform, you agree to ensure confidentiality of your account, password credentials and for limiting access to your device to prevent unauthorized use of your account on the Hike Platform. You will be responsible for any activity under your account or password and for informing us immediately if you have any reason to believe that your password is likely to be used in an unauthorized manner. Please ensure that the details you provide to us are accurate, complete and inform us immediately of any changes to the information that you provided when signing-up.
You are responsible for all activity that occurs in your Hike account. By using the Services, you agree that:
Your Access to the Hike Platform:
We will endeavor to ensure error-free availability of the Hike Platform or Services or content thereof to you, however, your access to the Hike Platform may occasionally be suspended or restricted for repairs, maintenance, or for updating the Hike Platform, at any time, without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.
You are responsible for any mobile charges that you may incur by accessing the Hike Platform or Services made available through the Hike Platform, including text-messaging and internet charges.
3. License to use and/or access the Hike Platform and Services
Subject to these Terms, Hike grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to use and/or access the Hike Platform or Services (including the content made available through the Hike Platform or Services) provided that: (a) you will use the Hike Platform and/or Services solely for lawful purposes only; (b) you will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Hike Platform (including its content) and/or Services; (c) you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form); and (c) you will not use any meta-tags or any other 'hidden text' utilizing Hike's name or trademarks. Any unauthorized use of the Hike Platform and/or Services terminates the license granted herein.
4. Third Party Content
Certain content or services made available through the Hike Platform or the Services, may have been created, published, provided or shared by other users, publishers, and other third parties ("Third Party Content/ Services"). Such Third Party Content/Services is the sole responsibility of the person who provided the Third Party Content/Services. By using the Hike Platform and/or Services, you agree that Hike or its affiliates will not be responsible/liable for any such Third Party Content/Services in any manner whatsoever. You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or other purpose any Third Party Content/Services. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or form). Hike has no responsibility whatsoever with respect to the Third Party Content/Services.
5. Your Content
The Hike Platform or the Services may allow you to create, upload, share and/or store content, including but not limited to, photos, graphics, profiles (including your name, images and voice), stories, messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time (collectively, "Content")
By creating, uploading or sharing your Content through the Hike Platform or the Services, you grant Hike and its affiliates, a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, host, store, reformat, modify, adapt, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Hike Platform or the Services. In the event you or any other person or his/her likeness, image, voice, name, poses, or other personal characteristics appears in any Content either created, uploaded or shared by you through the Hike Platform or the Services, you grant Hike and its affiliates an unrestricted, perpetual, irrevocable, transferrable, royalty-free, world-wide right and license to use your likeness, image, voice, name, poses, or other personal characteristics for which Hike or its affiliates will not be liable to compensate to you in any manner whatsoever.
In addition to granting us the aforementioned rights, you also grant us, and our affiliates, a perpetual, world-wide, royalty free, irrevocable and transferable license to create derivative works from, promote, exhibit, publish, broadcast, syndicate, sublicense, publicly perform, and publicly display Content posted by you in any form and in any and all media or distribution methods (now known or later developed).
Hike does not assert any ownership over the Content and subject to the rights granted to Hike and its affiliates in these Terms, you retain full ownership of the Content and proprietary rights associated with the Content.
You will be solely responsible for all Content that you create, upload, transmit, share or display through the Hike Platform or the Services. Hike does not guarantee the validity, accuracy or legal status or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, sharing, broadcast, transfer or otherwise disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
Under these Terms, you agree that any circulation of Content by you on Hike has been permitted by the rightful owner of the Content and that Hike and its affiliates are legally entitled to use such Content.
In order to enable you to access your data from any of your devices without relying on third-party services or local device storage, you authorize Hike to store your information including but not limited to your chat history, messages, photos, videos, documents, your Content, on Hike’s servers. Information/data stored on Hike’s servers is encrypted using 128-bit encryption. We reserve the right to set storage limits and we may change these limits from time to time at our sole discretion.
This action must be confirmed via your Hike account and cannot be undone.
If you stop using Hike and do not come online for at least 90 days, Hike has the right to delete all your information stored on Hike servers.
Subject to applicable laws, upon deletion of the Hike account, Hike will immediately delete all your Content from its database and servers, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your messages, status updates, profile picture updates, materials / files shared by you) stored by your contacts/ friends may remain even 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. The submission of your 'last seen' time is done on an automatic basis.
You agree and acknowledge that when Content and/or information is uploaded, posted or shared by you on a public group, you are allowing users who are members of such public group to access and use such Content and/or information you post in such group.
Under these Terms, you agree that Hike and any Content available on Hike along with the associated intellectual property rights will be the property of Hike and its licensors. All content related to Hike corporate and business activities embedded in the Hike Platform, 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 Hike Platform and Services is also the exclusive property of Hike and is protected by applicable laws
All software used on the Hike Platform and the Services is the property of Hike or its licensors / software suppliers and protected by Indian and international copyright laws. Any use or modification of the Content on Hike is strictly prohibited, except as permitted under these Terms.
All Hike graphics, logos and service names are trademarks of Hike or its affiliates. Hike’s trademarks should 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 discredits Hike. The logos and trademarks of third parties on the Hike Platform belong to the respective third parties / brands and Hike has no connection whatsoever with such third parties / brands.
8. Your Conduct
You shall be solely responsible for all content that You upload, transmit, share or display through the Hike Platform (collectively the “Content”), including but not limited to any photos, profiles (including Your name and image), messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time. You hereby confirm and warrant that the Content does not violate the representation and warranties provided in Clause 5 above. You further agree that Content you transmit over the Hike Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant Hike and its affiliates all of the license rights granted herein.
You represent and warrant that: (i) your use of the Hike Platform or the Services will be solely for purposes that are permitted by these Terms; (iii) you will provide true and accurate information (including your mobile phone number and other numbers in your address book) for use of the Hike Platform or the Services; (iv) your use of the Hike Platform or the Services will at all times comply with applicable laws.
You must not use the Hike Platform or the Services 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 material (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 this clause, Hike will have the right to remove any such Content or information posted by you that violates this clause or disable your account if Hike deems appropriate.
Hike has the right at any point in time to interrupt, modify, restrict or discontinue (temporarily or permanently) anything available on Hike without any prior notice to you. So, you agree that you or any third party shall not hold Hike or its affiliates liable for such exercise of its right.
10. Hike Rewards
Through the Rewards' feature, Hike may run certain offers, promotions ("Offer(s)") from time to time giving you the opportunity to win points ("Hike Points") for the fulfilment of the terms of the Offer(s) ("Reward Program").
The Reward Program is subject to the following terms:
11. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE HIKE PLATFORM OR SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE HIKE PLATFORM IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING THE HIKE PLATFORM. HIKE AND/ OR ITS AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE HIKE PLATFORM OR SERVICES. 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 HIKE PLATFORM OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE HIKE PLATFORM AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE HIKE PLATFORM AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE HIKE PLATFORM AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR HIKE PLATFORM OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE HIKE PLATFORM AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE HIKE PLATFORM AND/ OR SERVICES. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE HIKE PLATFORM AND/ OR SERVICES 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 HIKE PLATFORM AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIKE OR ANY PARTY OR THROUGH THE HIKE PLATFORM/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
WHILST HIKE WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE THE 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 HIKE PLATFORM/ OR SERVICES.
WHILST HIKE SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE THE 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 HIKE PLATFORM.
12. Limitation of Liability
To the maximum extent permitted by applicable law, 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 Hike Platform, or following a failure, suspension or withdrawal of all or part of the Hike Platform at any time, any third party content, software or functions used in connection with the Hike Platform 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 any Services 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 arising out of: (i) your access to or use of the Hike Platform and Services; (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 rights 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 anything in connection to such violation.; (v) your negligence or misconduct. These obligations will survive termination of these Terms.
14. Force Majeure
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, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Hike's reasonable control.
15. Right to Take down
You understand and agree that Hike may takedown, delete or remove any content available on the Hike Platform in its sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).
Hike has the right to shut down any account which Hike feels is inactive, violative of intellectual property rights or of Clause 8 of these Terms or is misleading by nature.
17. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Hike Platform infringes your copyright, you may reach us at firstname.lastname@example.org.
18. Report Abuse
If you in good faith believe that any content made available through the Hike Platform is offensive or opposed to public policy you may choose to report any such content. We, upon review of such content, may remove it without any permission or as required by any applicable laws..
19. Grievance Officer
In the event you have any queries/complaints regarding usage of Hike Platform, please contact Priyanka Yerranagula at email@example.com. The complaints will be redressed in the manner provided under the Information Technology Act, 2000 and rules framed thereunder.
21. Audio and Video Call Terms
You understand that Hike does not provide calling or connections to telephone numbers and Hike’s audio and video calling services can be used only within the closed Hike network.
1. Information Collection:
Hike may obtain different types of information that may include Your Personally Identifiable Information collected from You or Your mobile device mentioned as following:
User Provided Information:
2. Use of Information:
We do not sell Your Personally Identifiable Information that we collect to any third parties for commercial, advertising and/or similar marketing purposes without Your consent.
We will process personal information to deliver your chat history, including but not limited to messages, media and files, to any of the devices of your choosing without a need for you to use third-party services or cloud storage.
We may share Your Personally Identifiable Information and Content to:
We may share your personal information outside of Hike if we believe in good-faith that access, use, preservation, or disclosure of such information is reasonably necessary to:
If we ask for your personal information any other time, then that notice will take precedence.
We collect and store your service usage and transaction information with respect to redemption of points in order to enable you to view certain details of all your transactions which have been made using our Services, to provide you uninterrupted and satisfactory Services, to administer our relationship with you, to comply with any statutory or regulatory requirement, to monitor your use of our Services for the purposes of ensuring compliance with our user rules.
You agree that Hike has the right to monitor the Hike Platform electronically from time to time and to disclose information as may be necessary to:
We may transfer Your Personally Identifiable Information or other information collected, stored, processed by Hike 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 Hike Platform. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party except for the purpose of providing you Services. 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, Hike ensures to take reasonable steps to identify and authorise You before registering Your mobile phone number and granting You use of the Hike Platform.
Upon use of the Hike Platform or the Services, you authorize us to contact you regarding any promotions/notifications pertaining to Hike Platform, notwithstanding that your number may be registered in the respective Do not Call Registry in your jurisdiction.
3. Security of Personal Information
We have implemented efficient security measures to protect against any loss, misuse, modification and provide preservation of the Personally Identifiable Information in our care.
However, all the Personally Identifiable Information or Content that you share on Hike, is done so at Your own risk.
Using Hike through any unprotected networks is not recommended.
If Hike learns of a security breach, then we may attempt to notify You electronically so that You can take appropriate steps to protect Your Hike account.