Terms and Conditions

 
 
The present Terms of Use document is being published in accordance with the provisions of the Information Technology Act, 2000 and other applicable Rules thereunder, including but not limited to the Information Technology (Intermediary Guidelines) Rules, 2011.
Welcome to the Amigoz website- https://amigoz.app/ ("the Website") and/or Amigoz mobile app ("the App"). The Website and the App are owned and provided to you by KickHead Softwares Pvt. Ltd., having its office at KickHead Softwares Pvt. Ltd. Workshaala, D-9, Ground Floor, Sector 3, Noida, Uttar Pradesh, India, 201301. The Website and the App shall hereinafter be collectively referred to as "the Platform". For the purposes of this Terms of Use, accessing the Platform together with any study material made available or uploaded therein or downloaded, embedded therefrom shall hereinafter be collectively be referred to as the "Services".
 
Introduction
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 the Republic of India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.
 
You and we are required to follow certain rules while you use our Platform. We have listed these rules in these Terms. 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.
 
Eligibility
By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that
In case the Platform is being accessed, and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Use.
 
 
Changes to terms and condition
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.
 
How to use our services?
Amigoz provides its users with the option of creating posts and/or upload content on the Platform ("User Content"). When you submit or upload any content on the Platform you represent and warrant that:
 
Amigoz reserves the right to review such content uploaded by the user and in case any content is found to be a violation of any of the Terms of Use and/or any applicable laws, Amigoz may remove any content from the Platform and/or terminate or suspend the user account in its sole discretion.
 
 
Privacy Policy
Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information
 
 
Your Commitment
Providing a safe Service for a broad 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. Your commitments to us are:
 
No Impersonation or False Information to be Provided
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 Amigoz bio.
 
 
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.
 
RESTRICTION AND TERMINATION OF USE
Amigoz may block, restrict, disable, suspend or terminate your access to all or part of the free Services offered on the Platform, at any time in Amigoz's sole discretion, without prior notice to you upon Amigoz. Specifically, in case of prolonged inactivity, Amigoz reserves the right to disable, deactivate or terminate a user's account. If an account has been disabled or deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party. If you violate the Terms of Use, Amigoz may at its sole discretion, block, restrict, disable, suspend or terminate the paid Services offered on the Platform.
 
Intermediary Status and No Liability
We are an intermediary under the Information Technology Act, 2000 and the Information Technology Act (Intermediary Guidelines) Rules, 2011. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of the rules and regulations, Amigoz Privacy Policy, and Amigoz Terms of Use for accessing and using our Platform. Our role is limited to providing a platform to display the content shared by you and our other users.
 
We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
 
INTELLECTUAL PROPERTY
The Services, including but not limited to digital content on the website i.e. text, graphics, user interface, images, video interface and software as well as their selection and arrangement, may belong to Amigoz or to its partners who have granted Amigoz the right to use their content and are protected to the fullest extent possible by applicable laws related to copyrights, trademarks, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights" ). Any unauthorized use of the Services may violate such laws and the Terms of Use. Amigoz reserves all its legal rights to prohibit, stop or contain any such violations.
 
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. Amigoz grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer or any other electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner.
 
In relation to any content submitted, uploaded or generated by you on the Platform, you hereby grant an unconditional, unlimited, perpetual, royalty-free, worldwide license and permission to Amigoz and its affiliates, content sharing partners to display, store, host, publish, digitally reproduce or copy, transmit, communicate, modify, translate, distribute or otherwise make such content available on the Platform or in relation to the Services provided by Amigoz. You agree that such content may continue to be made available on Amigoz despite any termination or suspension of your account, if such content has been shared, stored or embedded by any other user(s). You agree not to hold Amigoz responsible for the aforesaid activities in relation to your content.
 
You shall not, however, use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading hate speech, inciting any form of violence or hatred against any persons, or of seditious in nature, or violates any laws of the Republic of India, or is barred from being shared by any laws of the Republic of India. We reserve the right to remove such content. Please read the Amigoz 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.
 
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 the consequence 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.
 
ADVERTISEMENTS AND PROMOTIONS
This Platform may run advertisements and promotions from third parties, products and/or services in any manner and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties.
You acknowledge and agree that Amigoz is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as the result of the presence of such non-Amigoz advertisers on the Platform.
Our links with advertisers should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
 
SPAM E-MAIL AND POSTINGS
In the event your access or use of the Platform and Services is found to be spammy, misleading, malicious, annoying or containing/promoting unsolicited e-mails or network postings, Amigoz reserves its right to obtain immediate injunctive relief against you or against such use by you, in addition to all other remedies available at law or in equity. Amigoz may also opt to block, filter or delete unsolicited emails, messages or postings as per its sole discretion.
 
INDEMNITY
You agree to indemnify, defend and hold Amigoz and its officers, directors, partners, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from
 
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
 
 
DISCLAIMER
 
 
We do not represent or guarantee that this Platform will be free from errors or viruses. You acknowledge that this Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical problems with the Internet or infrastructure failures.
 
 
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.
 
 
CANCELLATION AND REFUND POLICY
 
Cancellations: As a general rule, all sales made on Amigoz are final and you shall not be entitled to cancel your order once you have received confirmation of the same. Amigoz reserves the sole right to cancel any order as per our discretion in case (i) we are unable to deliver the order in a satisfactory manner and/ or (ii) the user tries to take advantage of the system which violates the Terms of Use. Amigoz will ensure that any communication of cancellation of an order or any applicable refund will be made within a reasonable period of time.
 
 
Refunds: You shall be entitled to a refund only if Amigoz is unable to deliver your order.
 
 
AMENDMENTS TO THE TERMS AND CONDITIONS
 
 
Amigoz may amend the Terms of Use and other Amigoz Policies published on the Platform from time to time at its sole discretion. Your continued access or use of the Platform and the Services constitutes your acceptance of the amendments. Your access and use of the Platform and Services will be subject to the most current version of the Terms of Use, Privacy Policy and Copyright Policy posted on the Platform at the time of such use. Please regularly check the Platform to view the latest version of Amigoz Policies.
 
 
APPLICABLE LAW AND JURISDICTION
 
 
Terms of Use shall be governed by and construed in accordance with the Laws of India. In case of any dispute, the courts in Delhi will have exclusive jurisdiction to try any such disputes to the exclusion of all other courts.
 
 
PERMISSION YOU GIVE TO US
 
 
You accept these Terms and give us certain permissions so that we can serve you better. Permissions you have granted us are:
 
 
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 your user name and gender, and any data that we may collect relating to your usage 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.
 
 Ad revenue helps us keep improving and providing our Platform and Services for free. To generate such revenue, we need to share certain information about the demographics and usage pattern of the users on Platform with third parties.
 
Automatic Downloads and Updates
We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the Amigoz 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 Amigoz mobile application to your mobile device each time such an update is generated.
 
 
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 Amigoz 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 Amigoz Cookie Policy.
 
 
Data Retention
We shall have the right to retain certain information regarding your usage of the Platform. Please view the Amigoz Privacy Policy for further information relating to the collection, storage and use of your information by us.
 
You grant us the right to store and retain information relating to you and provided by you. Please see the Privacy Policy for further information.
 
 
OUR AGREEMENT IF WE DISAGREE
 
Who has right 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.
 
How we will handle the disputes
In all cases, you agree that disputes will be subject to the laws of the Republic of India and the courts of Noida shall have exclusive jurisdiction over all such disputes.
 
Grievance Office
We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them. You may contact the Grievance Officer at any of the following:
 
Address: Workshaala, D-9, Sector-3, Noida, Uttar Pradesh - 201301
Office Hours: 10:00 A.M. to 1:00 P.M.
Email: support@amigoz.app
 
 
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
A.    If any aspect of these Terms is unenforceable, the rest will remain in effect.
B.     Any amendment or waiver to our Terms must be in writing and signed by us.
C.     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.
D.    We reserve all rights not expressly granted to you.