By downloading, installing or using the Application and/or the Services, you signify your agreement to be bound by the Terms. Your continued use of the Application and/or the Services offered through the Application will imply your acceptance of the conditions contained under these Terms.
These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000) and is generated by a computer system and does not require any physical or digital signatures.
Please read these Terms carefully before you use the Application or any Service offered by hike through the Application. These terms control the relationship between hike and you. They do not create any third party beneficiary rights.
1. Application; Your Account
Application: The Application 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 through the Application. Hike's 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. These additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supercede these terms.
More information about the Application and the Services is available on hike's website at www.hike.in ("Site").
Your Account: You can access the Application and the Services by creating an account on the Application using your mobile device. By using the Application, you agree to ensure confidentiality of your account, password credentials and for limiting access to your mobile device to prevent unauthorized use of your account on the Application. 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 us are accurate and 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 Application: We will endeavor to ensure error-free availability of the Application or Services or contents thereof to you, however your access to the Application may occasionally be suspended or restricted for repairs, maintenance, or updating the Application 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 Application or Services made available through the Application, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Application or the Services.
2. License; Third Party Content
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 Application or Services (including the content made available through the Application or Services) provided that: (a) you will use the Application 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 Application (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 Application and/or Services terminates the permission or revokes the license granted herein.
Certain content or services made available through the Application 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 published/submitted/provided the Third Party Content/Services. By using the Application 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 without limitation images, text, page layout, or form). Hike does not guarantee the validity, fitness for a particular purpose, veracity, accuracy or legal status or confidentiality with respect to the Third Party Content/Services.
3. Your Content
The Application or Services may allow you to create, upload, share and/ or store content, including but not limited to photos, 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 posting your Content through the Application or the Services, you grant hike and our affiliates, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, modify, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Application or Services. In the event you or any other person appears in any Content submitted to hike by you, you grant hike an unrestricted, worldwide right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from hike or our affiliates if your name, likeness, or voice is conveyed through the Application or Services. In addition to granting us the aforementioned rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, 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 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 upload, transmit, share or display through the Application or 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, broadcast, transfer or disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
You agree and acknowledge that if you transmit any Content through the Application, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant hike and our affiliates all of the license rights granted herein.
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 in 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 reserves 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 locally on their devices 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 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 the content and information you post in such group.
You acknowledge and agree that the Application, the Services, including without limitation any content available on the Application and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of hike and its licensors, as applicable. All content related to hike corporate and business activities 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 laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Application and Services is also the exclusive property of hike and is protected by applicable laws.
All software used on the Application and the Services is the property of hike or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application or the Services is strictly prohibited.
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 disparages or discredits hike. The logos and trademarks of third parties on the Application belong to respective third parties / brands and hike has no connection whatsoever with such third parties / brands.
6. Your Conduct
(a) 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 and automatic submission of your ‘last seen’ time. 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 5 above. You further agree that Content you transmit over the Application 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 all of the license rights granted herein.
You represent and warrant that: (i) your use of the Application 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 Application or the Services; (iv) your use of the Application or the Services will at all times comply with applicable laws.
You must not use the Application 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 (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 clause 6 above, hike will have the right to remove any such content or information posted by you that violates clause 6 above or disable your account if hike deems appropriate.
Hike reserves the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Services without any cause and/or without any notice to you. You agree that hike and its affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services.
8. Hike Rewards
Through the Rewards’ feature, Hike may issue certain tasks, offers, promotions ("Offer(s)") from time to time giving you the opportunity to earn points ("Hike Points") for fulfilment of terms of the Offer(s) ("Reward Program").
The Reward Program is subject to the following terms:
a) To participate in the Reward Program, you must be registered user of Hike.
b) Hike may at its sole discretion and as per the eligibility criteria identified by it choose to send any of the Offer(s) to a select number of users. You have no claim against Hike if you do not receive any of the Offer(s). An Offer can be availed only by the user who is the intended recipient and cannot be onward sent, distributed, transferred or sold.
c) Redemption: Hike Points accumulated by a user may be redeemed against any of the rewards listed on the rewards page of Hike ("Reward"). At the time of redemption, 1 (one) Hike Point shall be equivalent to 1 (one) rupee. Hike Points shall be debited from the user’s account when redeemed or expired.
d) You can avail a single Offer only once. Hike may choose to send you multiple Offers, however each Offer can be availed only once.
e) You can avail an Offer only if you have Application version 6.x.x or above in case of devices with Android based operating system or Application version 6.x.x or above in case of devices with iOS based operating system.
f) Hike reserves the right to, at any stage and at its discretion, modify/change or alter this Reward Program. Hike also reserves the right to modify/change all or any of the terms applicable to this Reward Program and to discontinue this Reward Program without assigning any reasons or without any prior intimation whatsoever.
g) If you have any queries or complaints with regard to the Reward Program, please contact us at email@example.com.
h) Hike reserves the right to suspend or revoke the eligibility of any user to claim Hike Points or any Reward if it observes any illegal, suspicious, fraudulent or potentially fraudulent activity ot misuse of the Offer.
i) Unless otherwise mentioned here, all other terms and conditions applicable to the Hike Application will be applicable to the Reward Program.
j) The amount of Hike Points can vary for each user and each individual Offer, and will be determined by Hike at its sole discretion.
k) You understand and acknowledge that certain features of the Rewards Program (including earning Hike Points or claiming Rewards) may not be compatible with your device, operating system or Hike Application version.
l) In case of any disputes with respect to the Reward Program, Hike’s decision will be final.
9. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION OR SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE APPLICATION IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. HIKE AND/ OR ITS AFFILIATES (WHERE APPLICABLE) GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION 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 APPLICATION OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES; (H) ACCURACY AND APPROPRIATENESS OF CONTENT AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (I) CALL QUALITY (BOTH VOICE AND VIDEO) WHILE USING CERTAIN FEATURES ON THE APPLICATION. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION 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 APPLICATION 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 APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
WHILST HIKE WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE 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 APPLICATION/ OR SERVICES.
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 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 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. 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 Application 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 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 misconduct. These obligations will survive termination of these Terms
12. 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.
The Application and/or the Services should only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If you are a minor (i.e. you are under the age of 18 years), you may use the Application or Services only with the involvement of your parent or guardian.
Hike may communicate with you through e-mail, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from hike in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from hike.
15. Amendments to this Agreement
Please review these terms regularly. We may in our sole discretion modify or amend these Terms from time to time without any prior notice. Your use of the Application or Services upon publication of such modified or amended terms will constitute your deemed acceptance to the modified or amended Terms.
16. Entire Agreement
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
If you breach these Terms and hike takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
19. Governing Law
These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at Delhi, India for all disputes arising out of or relating to these Terms.
20. Grievance Officer
In the event you have any complaints or grievances regarding usage of Application or its Services, please contact Priyanka Yerranagula at firstname.lastname@example.org. The address for sending any correspondence in this regard is as follows:
Hike Private Limited, 910, 911, Ninth Floor, Westend Mall, Janakpuri, Near District Centre, New Delhi - 110058, India
Attention: Grievance Officer
The complaints will be redressed in the manner provided under the Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules framed thereunder. We will acknowledge the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint.
21. Right to Take down
You understand and agree that hike may takedown, delete or remove any content available on the Application 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 reserves the right to forfeit any account which hike determines as - inactive, violative of intellectual property rights, violative of Clause 6 of these Terms or misleading in nature.
23. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at email@example.com
24. Report Abuse
If you in good faith believe that any content made available through the Application is offensive or opposed to public policy you may choose to report any such content. We may, review such content and remove the content at our discretion and/or as mandated by applicable laws.
25. Additional 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.
Video and voice call: You understand that you may be able to use Hike’s video/voice calling feature to call other Hike users (limited in number at Hike’s sole discretion) while using certain features within the Application.
Emergency Calls: You understand and agree that the Service is not capable of placing or receiving emergency services calls.
hike to Offline:Hike permits you to send a message to other hike users who may be offline. For this purpose, you authorize hike to notify you if the user you are attempting to message is offline. You further authorize us to send your last posted message in the chat thread as an SMS to other user in the event that you click on the 'Send as SMS' button.