Terms and Conditions
TERMS AND CONDITIONS (Last updated on 13.12.2022)
Welcome to Hubhopper, A flagship portal operated by Parijat Innovations Pvt. Ltd., (Hereinafter referred to as “Hubhopper”)
Let us know at firstname.lastname@example.org, if You have any queries regarding the same. We will try our best to answer your queries.
By accessing this WebApp, You represent and warrant that:
You must notify us immediately in case of any changes in your ability to access the WebApp.
To the extent permissible under applicable law, we may, in our sole discretion, refuse to offer the Services to any person or entity and change these eligibility requirements at any time.
You may be required to register yourself to avail certain sections of the WebApp. To register on the WebApp of Hubhopper, You shall be required to create an account by providing us your name, email id and generate the password and You may be required to provide any other information relevant to create your account.
You are entirely responsible for maintaining the confidentiality of your password and account. You expressly agree to absolve Hubhopper of any responsibility/liability in this regard.
To protect your user account, we encourage You to:
log out once you have finished using the Hubhopper Service on a shared device
If You as an individual registered using a corporate email domain or in the name of the business entity, that entity is the User/You in these Terms, and these Terms refer to that User entity except where otherwise specified. Individuals authorized by You to access the WebApp (an “Authorized User”) may submit User Content (as defined below) and provide us with instructions on what to do with such User Content. For example, You may create or delete a podcast, manage permissions, change settings, add or delete authorized users, or set podcasts to be public or private.
You will (a) inform Authorized Users of all Customer policies and practices that are relevant to use of the Site and of any settings that may impact the processing of User Content; and (b) ensure the transfer and processing of User Content under the Terms is lawful.
Hubhopper will not permit:
DESCRIPTION OF SERVICES
Hubhopper provides a range of Service options. While certain Services are provided free of charge while some require payment before they can be accessed (“Subscriptions”).
We ensure to maintain our Services with reasonable care and skill. However, our Service offerings are subject to subject to modification as required from time to time and subject to applicable laws.
The Service may be temporarily unavailable due to technical issues, maintenance or testing, or updates, such as those required to respond to changes in applicable laws and regulatory requirements.
We strive to constantly evolve and improve our Service, and we reserve the right to modify, suspend, or discontinue (permanently or temporarily) providing all or a portion of the Service.
Hubhopper is not obligated to offer any specific content through the Service and content may be removed at any time by Hubhopper without prior notice.
The content provided to You via this WebApp may or may not be wholly owned by Hubhopper and Hubhopper does not claim any ownership rights for the same. Hubhopper may also provide the content to its users through its allied partners and Hubhopper shall not take liability for the content that is not owned by it.
Hubhopper shall also be providing Hubhopper Original content, for which Hubhopper may or may not own all the rights but may have rights limited to hosting and distribution.
The content provided to You via this WebApp is discovered by Hubhopper and its community. All Intellectual property rights with respect to content may be owned by the publishers and content creators, not Hubhopper. Such content available over the WebApp is directly streamed from the host servers and the copyright holder of such content may at any time request for the removal of their content through the “Add/Remove” option on our Main Page or by writing to us at email@example.com.
Hubhopper grants you a non-exclusive, non-transferable, revocable, limited license to access this WebApp.
In order to provide access of the WebApp to You, You may be requested to register and/or provide and/or confirm information about yourself. You represent that any information provided by you will always be true, accurate, complete, and updated.
The content displayed on the WebApp is for your personal and non-commercial use only and may not be shared with individuals for any use other than non-commercial use. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on this WebApp without any express consent of Hubhopper.
You may access the content primarily within the country where you created your account and only in geographic locations where we provide our service and have licensed such content. The content that may be available will vary by geographic location and will change from time to time.
You agree that you are solely responsible for (and that Hubhopper has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Hubhopper may suffer) of any such breach.
You agree to comply with all its obligations under applicable data protection and privacy legislation including the Information Technology Act, 2000, and the subsequent rules made thereunder, and any replacement or repealing legislation.
Some content is available for temporary download and offline listening on certain supported devices (“Downloads”). We withhold the right to put limitations that may apply, including restrictions on the number of Downloads per account, the maximum number of devices that can contain Downloads, the time period within which You will need to begin listening to Downloads, and how long the Downloads will remain accessible. Some Downloads may not be playable in certain countries and if You go online in a country where You would not be able to stream that Download, the Download will not be playable while You are in that country.
The WebApp is currently accessible via computer or on a mobile phone or through its allied partners and in future could be accessed through other mediums as well (collectively called “Devices”), and the downloading of its content and Services can only be accessed through a valid internet connection.
Hubhopper is not responsible for any unavailability of content and Services due to connectivity issues, therefore, You are solely responsible for checking with your Internet Service provider to make sure a valid internet connection is available for your device(s). Nevertheless, all use of the WebApp and related services must be in accordance with these terms and conditions.
LICENSE TO HUBHOPPER
By providing content on Hubhopper, You grant to Hubhopper a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including right to use, copy, modify, reproduce, distribute, prepare derivative works, display and perform it). Hubhopper may only use that Content in connection with the Service and Hubhopper’s (and its successors and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
USER GENERATED CONTENT
RESTRICTIONS ON YOUR USE
You agree that:
RIGHT TO MONETIZE
You grant Hubhopper the right to monetize your Content through the Hubhopper Platform (and such monetization may include stitching ads on Content). You may become eligible for revenue sharing with us from ads being served on your content. To know if You are eligible for revenue sharing or opting out of this monetization program, Please write to us at firstname.lastname@example.org .
PAYMENT AND BILLINGS
After successful registration of your account, If You want to opt for Pro Plan for accessing the exclusive services of Hubhopper Studio in the Territory where You reside, You will be required to pay fee as per package options as may be made available by Hubhopper from time-to-time (“ Subscription Fee ”).
The subscription Fee is exclusive of all applicable taxes.
You will be required to make the payment through the WebApp Portal as prescribed or available to become a Pro Plan User. On successful completion of the payment towards the Subscription Fee and post authentication, Service subscribed by You will become active and You will be granted access to the Service. Your Pro Plan will continue until terminated. In certain cases, post-completion of the payment of the Subscription Fee, Your Service activation may be delayed due to operational and/or technical reasons.
To use the Pro Plan service, You must have an active internet connection and a supported device, and provide us with one or more Payment Methods.
“Payment Method” means a valid, acceptable method of payment, as may be updated from time to time, and which may include payment through your account via a third party. Unless you cancel your Pro Plan subscription before your billing date, you authorize us to charge the Subscription Fee for the next billing cycle to your Payment Method. (See “Cancellation” below).
If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, Your account will be suspended and Your access to the Service will be stopped until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending upon your location and on the Payment Method used.
In case the payment has been debited but the subscription has not started, or payment has been debited twice, You may write to us at email@example.com . We shall investigate and shall issue a refund within 5-7 business days after verification.
Hubhopper may offer subscription plans which may include plans offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.
Subscription plans and the price of Services offered may change from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to You.
Please write to us at firstname.lastname@example.org for any payment-related query.
You can cancel your Pro Plan service at any time, and You will continue to have access to the Pro Plan through the end of your Billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial time periods or unused Pro plan Use. To cancel, go to settings page and click the pricing option and then cancel for cancellation of the subscription. If You cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, go to settings and click "Pricing" on the Main page. If You signed up for Pro Plan using your account with a third party as a Payment Method and wish to cancel your subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Pro Plan subscription service through that third party.
INTELLECTUAL PROPERTY RIGHTS
The materials on Hubhopper's WebApp is provided "AS IS". Hubhopper does not guarantee the accuracy, completeness, or usefulness of any information and neither does Hubhopper adopt or endorse, nor Hubhopper responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Hubhopper. Hubhopper makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a purpose, or non-infringement of intellectual property or other violation of rights. In furtherance, Hubhopper shall not be liable for any misuse or data theft because of your use of the WebApp. Hubhopper also does not warrant that the functions contained in the WebApp will be uninterrupted or error free, that defects will be corrected, or the servers that make them available are free of viruses or other harmful components. Under no circumstances will Hubhopper be responsible for any loss or damage resulting from anyone’s reliance on information or other User Content posted on the WebApp, or transmitted to users.
The WebApp may contain advertising content from Hubhopper or any other third party. Hubhopper does not take any responsibility of any such third party advertising materials, and will not be liable for any of your actions or purchases or losses that you may suffer in relation to or as a result of any such advertising.
You are solely responsible for maintaining the confidentiality of your passwords that you use to access the WebApp and Hubhopper is not responsible for any misuse or hacking of your account. Accordingly, you are solely responsible for all activities that occur with your device. If you become aware of any unauthorized use of your device, you will notify the relevant authorities according to the applicable laws including but not limited to the police, Cyber Cell as per your jurisdiction as soon as possible. You will also provide an intimation to Hubhopper in case of such unauthorized usage.
DATA AND MOBILE PHONE CHARGES
You are solely responsible for bearing any mobile and data charges that may be incurred using our services, including any text messages or any other technologies. If You are unsure about the charges, You may ask your Service Provider about the same before using our Services.
By providing with your mail address and phone number, You agree to receive messages or mails related to our Services including any promotional items.
If You change any information related to your phone number and mail address, You must update the account information within 72 hours to prevent us from sending messages or mails intended for you to someone else.
Hubhopper does not represent or warrant that the WebApp will be error-free, free of viruses or other harmful components, or that defects will be corrected.
Hubhopper does not warrant or represent that the information available on or through the App will be correct, accurate, timely, or otherwise reliable.
Hubhopper has not reviewed all the sites linked to its WebApp and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hubhopper of the site. The liked sites are not under the control of Hubhopper and use of any such linked WebApp is at the user's own risk.
In no event shall Hubhopper be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Hubhopper, even if Hubhopper or a Hubhopper authorized representative has been notified orally or in writing of the possibility of such damage.
To the extent authorized by law, You agree to indemnify, defend and hold harmless Hubhopper, its employees, officers, directors, affiliates, and agents from and against any and all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use or attempted of any of the Services (c) User Content including without limitation any claim or infringement or misappropriation of intellectual property or other proprietary rights of any third party.
RIGHT TO INVESTIGATE
Hubhopper reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
JURISDICTION AND DISPUTE RESOLUTION
This Agreement will be governed by the laws of India, without regard to its conflicts of law provisions; and You hereby consent to the exclusive jurisdiction of courts in New Delhi, India.
In the event of any dispute, difference, proceedings, controversy or claim of whatsoever nature arising under, out of or in connection with or relating to the interpretation, enforcement, or performance of the terms and conditions of this agreement, such dispute, controversy, or claim shall be governed and construed in accordance with the laws of India and the courts at New Delhi shall have the exclusive jurisdiction to adjudicate such dispute, controversy or claim. Any dispute, controversy, or claim arising out of or relating to this Agreement including any question regarding its existence, validity, termination or interpretation thereof, which cannot be amicably resolved by the Parties, shall be first settled by way of Arbitration before a sole arbitrator to be appointed by both the parties. The Arbitration shall be governed by and conducted in accordance with the provisions of the Arbitration and Conciliation Act,1996. The governing law shall be the laws of India and the Arbitration will only take place in New Delhi in the English language.
The contact details of the Grievance Officer are provided below:
Name: Nikhil Kapoor
Email Address: Support@hubhopper.com
Phone Number: +91 7428511993