Terms and Conditions ("Terms")

Acknowledgments and acceptance of Terms of Service

These terms form a legally binding agreement between Users (“User(s), you, your, yourself”) and Magzient Private Limited and/or its subsidiaries and affiliates (“mUHURT, we, us, our”). These terms shall govern the use of the website, mobile/web application (collectively referred to as “mUHURT Platform”) which enables the User to connect with us in relation to the services offered through the mUHURT Platform ("Services").

Please read these terms carefully before accessing, using, obtaining or availing any products or Services by mUHURT. If you do not agree with these Terms of Use you may refrain from using the mUHURT Platform and/or Services. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of mUHURT Platform and Services. mUHURT reserves the right to modify these Terms of Use at any time at its sole discretion. It will be your responsibility to keep yourself updated with the Terms of Use from time to time, your continued usage of the mUHURT Platform and Services would be deemed to be an acceptance of these terms and the modifications thereto.

Registration

You are required to register with mUHURT if you want to book a property, write a review, create and access your reminders, and view and edit your profile. In order to register with mUHURT you must supply a valid Mobile Number, which will be used as a unique identifier for your account, and a password.

Eligibility

Use of the mUHURT Services is void where prohibited. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the mUHURT services.

Term & Termination

This Agreement shall remain in full force and effect while you use the mUHURT Services or are a User/ Merchant on the website. mUHURT deserves the right to terminate your use of the mUHURT Platform, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you. Upon such termination of agreement, the User/Merchant shall be stopped from using mUHURT Services and all content shall remain to be the Property of mUHURT .

Terms specifically applicable to customer

Users availing Services via the mUHURT Platform (hereinafter referred to as “Customers”) shall be governed by the following terms and conditions:

A. Booking of services

The process of booking Services from this mUHURT Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. The User agrees, acknowledges and confirms that before placing any order on the mUHURT Platform, the User shall check the Service description and price carefully and by placing an order for a Service you agree to be bound by these terms including the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on mUHURT Platform. mUHURT shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Merchant’s acts or omissions That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith thereof, mUHURT has agreed to provide the Services to the User as per the terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to mUHURT :

a. the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to mUHURT for Services ordered by the User.

b. In the event of detecting any suspicious activity from User’s account, mUHURT reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.

c. In a credit card transaction; you must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to mUHURT . mUHURT shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.

d. While using the mUHURT Platform User shall at all times strictly comply with the payment procedure and the terms mentioned herein in their entirety.

e. Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the property and booking fee of the property as has been displayed on mUHURT 's Platform.

f. All bookings, offers and promotions are redeemable subject to prevailing and applicable Central and State Government directives and guidelines, as may be issued from time to time. Customers are advised to exercise judgment and remain compliant with prevailing and applicable Central and State Government directives and guidelines.

g. Users accept and acknowledge that they are only visiting mUHURT platform to obtain information about a Property owner and that the book for the same is done individually, separate from mUHURT and hence, they shall not hold mUHURT liable in any manner for any issues that may arise in the future, related to such Property owner or such booking. That the Customer accepts and agrees that all transactions occurring between the Users and mUHURT is not involved in the same in any manner.

The User agrees and acknowledges that in the mUHURT Platform all Services are offered only at the sole discretion of mUHURT.

B. Payment and Usage Fee

You hereby agree and understand that you will have to pay the usage fee as mentioned on the mUHURT Platform for the concerned Services via the payment mode provided on the mUHURT Platform post which User’s requested booking will be confirmed. Once the booking has been confirmed, mUHURT will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.

mUHURT uses third party payment providers to receive payments from users. mUHURT is not responsible for delays or erroneous transaction execution or cancellation of booking due to payment issues. mUHURT takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

User making payment for Services provided via the mUHURT Platform, would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.

C. Cancellation policy

In the mUHURT application we don’t have the cancellation policy, if a user wants to cancel its booking in that case the user has to visit the Property directly and request to cancel the booking to the Property owner only.

If a booking gets cancelled the payment made by the user will be refunded (if it is refundable) by the merchant after deducting the cancellation charges as per the Property policy.

The booking will be automatically canceled if the full payment will not be made before the event date, a reminder notification will be sent by the Property owner. If the User does not respond then a final call will be made to the 8User and if the User will not respond to that also then the booking will be automatically considered as cancelled. Neither mUHURT nor the Property Owner will be responsible for it.

D. Check In and Check Out Time

Users have to check in - check out the Property as per the timings mentioned in the application with the specific slots. If the user does not vacate the Property as per the mentioned time then the Property owner is allowed to take actions as per the Property policy.

E. No Warranty

By using the mUHURT Platform you hereby acknowledge and agree that mUHURT is not a property/merchant, property owner/ and has no control over the conduct or behavior of the management of any property or the quality, fitness or the suitability of the services provided by third party offering services. mUHURT disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings. mUHURT and its employees shall NOT be responsible for any loss, theft or damage to the Guest's personal valuables and belongings.

Content

mUHURT does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "User Content") that you upload to, submit to, or embed on the mUHURT platform; expect content created in collaboration with the mUHURT team for its own events/ perusal. In such cases, the same will be specified while creating the content in question.

You represent and warrant that you own the User Content posted by you on or through the mUHURT Services. or that you otherwise have sufficient right, title and interest in and to such User Content to grant mUHURT the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the mUHURT Services. mUHURT shall not be liable for any violation of Copyright or any other Intellectual Property or other rights being violated in any manner whatsoever and the User/Property owner posting the same shall be liable.

After posting, uploading or embedding User Content to the mUHURT Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the mUHURT Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing ("posting") any User Content on or through the mUHURT Services, you hereby grant to mUHURT a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), rearrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the mUHURT Services in any mUHURT publication will include attribution to the photographer and/or copyright holder. mUHURT holds the right to remove any User content posted by you on the website in the event that mUHURT finds such content to be violative, inappropriate or worthy of being removed in any manner whatsoever and shall not be held liable for the same. Without this license, mUHURT would be unable to provide the mUHURT or its publications. For example, the license you grant to mUHURT is non-exclusive (meaning you are free to license your Content to anyone else in addition to mUHURT ), fully-paid and royalty-free (meaning that mUHURT is not required to pay you for the use of the User Content that you post), sublicensable (so that mUHURT is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the mUHURT ). This license will terminate at the time you remove your User Content from the mUHURT Services except as to any User Content that mUHURT has sublicensed prior to your removal of your User Content from the mUHURT Services, which license shall continue in perpetuity. To remove User Content, please send a request to info@mUHURT and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the mUHURT Website. We will remove the item(s) as quickly as possible. In the event that mUHURT uses the Property owner’s content on its website it shall do so while giving credit to the Property owner. mUHURT does not take liability to ensure protection of the content posted on the website/platform. In the event that the Property owner posts content on the website and the same is infringed by another Property owner or any other third party, it shall not be the liability of mUHURT . We attempt to prevent such copying and infringement by applying our watermark on each image, but take no responsibility to further protect the content.

The mUHURT Services contain Content owned by mUHURT ("mUHURT "). mUHURT Content is protected by copyright, trademark, patent, trade secret and other laws, and mUHURT owns and retains all rights in the mUHURT Content and the mUHURT Services. mUHURT hereby grants you a limited, revocable, non-sublicensable license to view the mUHURT Content (excluding any software code) solely for your personal use in connection with viewing the mUHURT Website and using the mUHURT Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any mUHURT Content appearing on or through the mUHURT Services The mUHURT Services contain Content of other Users and other mUHURT licensors ("Third Party Content") and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the mUHURT Website and using the mUHURT Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the mUHURT Services. In the event that any User is found to be in violation of another person’s Intellectual Property or any other rights in any manner, they shall be absolutely and solely liable and no liability shall be laid down on mUHURT for the same.

Prohibited Content

mUHURT reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that mUHURT deems to be inappropriate:

Content that criticizes a business or individual beyond that of merely offering an opinion

Content that harasses or advocates harassment of another person

Content that exploits people in a sexual or violent manner

Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website

Content that includes racially, ethically, or otherwise objectionable language

Content that is libelous, defamatory, or otherwise tortious language

Content that solicits personal information from anyone under 18

Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous

Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files

Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"

Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page

Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses

Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users

Content that is owned, created or belongs to a third party and the entity posting/publishing such content has no authority to do so

Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes

Copyright policy/infringing material

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the muhurt.co.in Service without your permission or in any way that constitutes copyright infringement, please provide mUHURT with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the mUHURT Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact mUHURT.

Indemnity

You agree to indemnify and hold harmless mUHURT , and any parent, subsidiary, and affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner and operator, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the mUHURT Services in violation of this Agreement and/or arising from: (i) your use of and access to the mUHURT Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the mUHURT Website and/or the mUHURT Services

User Conduct

mUHURT Platform reserves the right, but does not assume the responsibility, to monitor or review your conduct on the mUHURT Platform Site. Your use of the mUHURT Platform Service is subject to all applicable local, state, national and international laws and regulations. In using the mUHURT Platform Service you agree not to :

Use the mUHURT Platform Service for illegal purposes Interfere or disrupt networks connected to the mUHURT Platform Service or violate the regulations, policies or procedures of such networks Use the mUHURT Platform Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise) Harvest or otherwise collect information about other users, including email addresses, without their consent Transmit through the mUHURT Platform Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the mUHURT Platform Service Transmit through the mUHURT Platform Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation Interfere with another User's use and enjoyment of the mUHURT Platform Service Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user Create a false identity for the purpose of misleading others as to your identity or the origin of a message Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the mUHURT Platform Service any directory of mUHURT Platform users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or Engage in any other conduct which, in mUHURT Platform’s sole discretion, is considered inappropriate, unauthorized or objectionable. of Service

Terms specifically applicable to Property

Each Property owner accepts that they are merely listed on the mUHURT platform, through which they get reach to their target customer. Each Property owner creates their profile on the mUHURT platform and ensures to provide correct information regarding such profiles. Any misrepresentation of their identity or work shall be their liability alone and not the liability of mUHURT.

Property owners accept and acknowledge that they are entering into transactions and providing services to the Customer independently and are mUHURT is in no way involved, apart from being a listing platform. mUHURT, however, expects Property owners to maintain quality of service and make no misrepresentations whatsoever.

Property owners shall not use any third party photographs or content and represent them as being their own. Any such misrepresentation shall be the liability of the Property owner alone.

As a service provider, mUHURT has commercial dealings with certain Property owners on its platform. This commercial arrangement, includes but is not restricted to, providing additional visibility in return for a certain fee This fee doesn’t in any way guarantee any business confirmations/ bookings. mUHURT acts as a facilitator, helping Property owners leverage its vast network and enabling them to reach out to more customers.

Deletion of Profile of Property

mUHURT does not permit or facilitate account deletions of Property, once made. The account may be marked as unclaimed and be made unsearchable upon the platform’s discretion Property owner’s request.

User Disputes

Users are solely responsible for their interactions with other mUHURT Users (including Property owners). mUHURT reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.

Property owners data showcased on profiles in the form of photos, price, reviews etc is a result of Property owner’s inputs and those of their customers. While mUHURT does take efforts to verify the claims made in the form of price, work/services etc, it in no way ensures/ guarantees the displayed information to be accurate

Limitation of Liability

mUHURT shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this mUHURT Platform or any of the information, software, services and related graphics contained within the mUHURT Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if mUHURT has been advised of the possibility of damages.

Notwithstanding anything to the contrary contained herein or elsewhere, mUHURT’s entire liability to the user for any claim arising out of availing mUHURT’s services/browsing the mUHURT platform shall be limited to the amount equivalent to the price paid for the product and services giving rise to such claim.

Reviews on Property Owner’s Profile

Reviews written for Property owners on their mUHURT profile are a very important tool for Users as well as Property owners. We therefore take utmost care to uphold the integrity & credibility of reviews on our platform.

Property owners can report a review through mUHURT help section button on their Property owner panel. When a review is reported by the Property owner:

1. mUHURT team is notified
2. The reviewer is notified through email & SMS using the available contact information & asked to either submit a signed contract or proof of payment to verify whether or not the reviewer was a client of that Property owner.
3. The review is temporarily disabled from the Property owner’s profile, automatically.
4. mUHURT team will contact the reviewer within 4 working days and ask to submit the aforementioned proof. The verification case will be closed if the reviewer fails to submit the proof within 7 days after being contacted.
5. mUHURT receives appropriate and satisfactory proof - The review will be reinstated on the Property owner’s profile within 1 week, after notification to the Property owner & the reviewer.
6. mUHURT does not receive appropriate and satisfactory proof - The review will remain disabled and the verification case will be closed, after notification to the Property owner & the reviewer.
7. Cases of legal dispute - In the event of an ongoing legal dispute, the contents of the related review on the Property owner's mUHURT profile will be hidden.

Note that mUHURT cannot & does not verify and confirm every statement written in the reviews on Property owner’s profiles. However, we maintain a fair investigation & verification process of the reviews once reported to ensure that reviews on mUHURT are posted by genuine clients of the Property owner and that they follow our terms.

mUHURT reserves the right to disable a review of the reviewer who has been proven to not hire the Property owner through involvement of mUHURT, for any reason. mUHURT has the sole discretion to decide whether reported reviews are to be further investigated or not.

Violations

Please report any violations of these Terms of Use to us by emailing us at info@mUHURT.co.in