Last updated: 11th Dec 2021 | Effective from: 11th Dec 2021
These Terms of Use ("Terms") govern your use of our website located at https://BellMe.io and/or the BellMe.io mobile application (collectively, the "Platform") made available by Wishrainers Greeting And Gifting Services. ("BellMe", "Company", "we", "us" and "our"), a private company established under the laws of India may have its registered office at Flat No9, Sagar Apartment, Jay nagar, Jalgaon 425001. The terms "you" and "your" refer to the user of the Platform.
These Terms are to be read with the BellMe.io Content and Community Guidelines, BellMe.io Privacy Policy, and our BellMe.io Cookie Policy. If you do not agree with the terms and conditions of these Terms, please do not use this Platform.
Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.
BellMe.io is a FREE platform with a mission to spread learnings of life, love, care, wisdom, happiness & romance through status, cards, graphical images, videos and quotes to make the people and the World around more beautiful, joyful, romantic, inspiring, loving, and caring we urge our users to join our mission with adherence to our content policy.
You and we are required to follow certain rules while you use our Platform. We have listed these rules in this document. Please read these Terms and all other hyperlinks mentioned here carefully. Do remember that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws.
CHANGES TO TERMS AND SERVICES:
Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally.
We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.
Visit this page to see any changes that we may make and services that we may add or modify, from time to time.
WHO MAY USE OUR SERVICES:
Our Platform helps you stay in touch with your friends and enables you to share images, videos, music, status updates, and more in your preferred regional language. We understand your preferred content and personalize your newsfeed to show you posts, pictures, videos, and suggest content available on our Platform ("Service/Services").
You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively "you" and "your" shall refer to the company.
Please ensure that you are allowed to use our services under the law.
HOW TO USE OUR SERVICES:
We have developed a unique platform. Our Services are available exclusively in regional languages. We strive to give you personalized content and show you content that you will enjoy. We also allow you to download content that is available on our Platform and share your BellMe.io experience across social media platforms. . To use our Services, you must register on our Platform by entering asked login details or phone number. When you register with us using the BellMe.io mobile application, you also allow us to read your mobile device phone book, your SMS inbox, access your mobile gallery, mobile device storage, and mobile device camera. However, we do not read any information stored on your mobile device and computer without your permission
In order to provide Services to you, we need to access certain features of your mobile device.
PRIVACY POLICY:
To effectively provide and introduce any new Services to you, we collect certain information such as your phone number, your gender and your name from you. We may further request and store additional information. Such information is stored securely on amazon web services or "AWS" cloud servers and the "Google Cloud Platform" cloud servers, thereby also subject to the terms of the AWS and Google Cloud privacy policy. The BellMe.io Privacy Policy explains how we collect, use, share and store the information collected. The BellMe.io Privacy Policy also details your rights under law and how you may control the data you provide us.
We have described how we store and use this information in the BellMe.io Privacy Policy.
YOUR COMMITMENTS:
Providing a safe and secure Service for a diverse community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Please note that you will solely bear the costs and consequences of any actions taken by you on the BellMe.io Platform (including any violation of these Terms) along with the commitments given by you below. By using our Services, you agree and acknowledge the following:
a. No Impersonation or False Information to be Provided:
While you do not have to use your actual name on our
Platform, you are required to input your correct phone number and gender to use our Services. You will not falsely represent
yourself as another person or representative of another person to use our Services. In the event you are operating a parody
account for satirical or comedic purposes, you must state the same in your BellMe.io profile.
b. Device Security:
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee
that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and antivirus
software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number,
and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any
account linked to your phone number.
While we do everything we can to secure your use of our Services, keep in mind
that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile
device and computer are not used wrongly or tampered with in any way.
c. Content Removal and Termination:
Your usage of our Platform is governed by the BellMe.io Content and Community
Guidelines. If any of our users report your content which violates the BellMe.io Content Community Guidelines, we may remove
such content from our Platform. In the event that multiple reports are made regarding violation of the BellMe.io Content and
Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you
wish to appeal any such removal, you may write to us at hello@BellMe.io
We may remove any content that is shared on
our Platform if such content is prohibited under the BellMe.io Content and Community Guidelines.
d. Platform Not to be Used For Anything Unlawful or Illegal:
Our Platform is designed to accommodate multiplicity of
languages and cultures, as well as a diverse range of content. To this effect, we have developed various tags to classify
the nature of th e content. You must therefore, correctly identify the nature of the content shared by you and tag it
appropriately. You shall not, however, use our Platform to share any content which is obscene, pornographic, harmful for
minors, discriminatory, spreading what may be considered as hate speech, inciting any form of violence or hatred against any
persons, or violates any laws of India, or is barred from being shared by any laws of India. We reserve the right to remove
such content. Please read the BellMe.io Content and Community Guidelines for further details.
In addition to the above,
please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief
that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or
any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or
to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we
cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.
We
have developed a platform for people to engage in amazing social experiences; please do not share any content which is
illegal or causes any harm to the well-being of members of the society or community.
e. Content Rights and Liabilities:
We strongly believe in the freedom of expression and allow you to share
photographs, images, videos, music, status updates, and other content on our Platform. We do not have any ownership over any
of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or
infringe upon our or any third-party’s intellectual property rights. Such content is against BellMe.io Content and Community
Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to
own the intellectual property rights vested in such content. (This sharing feature photographs, images, videos, music,
status updates on our platform, is under development)
By sharing/posting/uploading content using our Services, you
grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy,
publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and
application settings). You may delete your content and/or account at any point. However, your content may continue to appear
on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete
your content, please read the BellMe.io Privacy Policy.
You remain solely responsible for the content you post on our
Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for any
consequences resulting out of such sharing or posting. The presence of our logo or any trademark on any content shared by
you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the
consequences of any transactions made or entered into by you with other users of the Platform or advertisers on the
Platform.
You will always have ownership and responsibilities for the content you share. We will never claim that we have
intellectual property rights over your content, but we will have a zero cost, permanent license to use what you share and
post on our Platform. For details please go through BellMe.io content policy.
f. The content shared by you will be considered as a content owned or created by you or is publically free to use or in public domain. If you shared a content that is own by other or is not free to share publically then, on request we will remove that content under DMCA policy. Also if any losses or penalties imposed by government or jurisdiction on the BellMe platform because of your activity on the platform then, you agree to bear and pay that all losses or penalties caused by you to BellMe.
g. You Will Not Attempt to Disrupt or Jeopardize BellMe.io services:
We have developed a community-driven platform.
Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery
system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any
user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or
authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and
architecture, we will terminate your user profile and ban you from using our services. We may further report such actions to
the appropriate law enforcement authorities and proceed against you with legal actions.
You will not hack into or
introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform
and may report your actions to the police and/or relevant legal authorities.
PERMISSIONS YOU GIVE TO US:
You accept these Terms and give us certain permissions so that we can serve you better. Permissions you grant to us are:
a. Permission to Share Your Profile Information with Third Parties#
While our Platform is a freely accessible and
usable platform, we need to generate revenue so that we can keep offering you our Services for free. Pursuant to this, we
may share any data that we may collect including but not limited to your username, profile pictures, gender, your usage and
engagement habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be
liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch
for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an
endorsement by us.
If we share any sensitive personal information (as defined under the applicable laws), we will ask
you for your consent prior to sharing the same.
b. Automatic Downloads and Updates:
We are constantly updating our Platform and Services offered. To use our Platform,
you may need to download the BellMe.io mobile application to your mobile device and update it from time to time.
Applications and software are constantly updated for your use and you will need to install the latest version of the
BellMe.io mobile application to your mobile device each time such update is generated.
c. Permission to Use Cookies:
We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and
similar files or technologies to collect and store information with respect to your use of the Services and third-party
websites. Please see the BellMe.io Cookie Policy for more information regarding the use of cookies and other technologies
described in this section, including regarding your choices relating to such technologies.
All websites use cookies
and store them on your web browser so that usage information can be stored and logged in your browser. For more details,
please read the BellMe.io Cookie Policy.
d. Data Retention:
We shall have the right to retain certain information regarding your usage of the Platform. Please
view the BellMe.io Privacy Policy for further information relating to the collection, processing, storage and use of your
information by us.
You grant us the right to process, store and retain information relating to you and provided by
you. Please see the Privacy Policy for further information.
OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE:
a. Who Has Rights Under These Terms:
The rights and obligations under these Terms are granted only to you and shall
not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under
these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new
company.
b. How Will We Handle Disputes:
In all cases, you agree that disputes will be subject to the laws of India and the
courts of Bangalore shall have exclusive jurisdiction over all such disputes.
LIMITATION OF LIABILITY:
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform.
The Platform and Services, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.
In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.
INDEMNIFICATION:
You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and 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 Platform and Services;
(ii) any breach by you of your obligations under this Agreement;
(iii) your
violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or
consumer protection right;
(iv) any violation of law or contractual obligation and any claims, demands, notices
pursuant to such violation;
(v) your negligence or willful misconduct.
This obligation will survive the
termination of our Terms.
UNSOLICITED MATERIAL:
We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
GENERAL:
If any aspect of these Terms is unenforceable, the rest will remain in effect. Any amendment or waiver to our Terms must be in writing and signed by us. If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us. We reserve all rights not expressly granted to you.