Terms of Service

The domain names www.hublerx.ai and www.hubler.ai (hereinafter referred to as "Websites") are owned by Hubbler Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Villa 56, LGCL Ashlar, Kasavanahalli Main Road, Choodasandra Village, Bengaluru Rural, Bengaluru – 560099, India (hereinafter referred to as "Hubler").

Please read the conditions contained herein carefully before using the www.hublerx.ai or www.hubler.ai websites or use of the software application HUBLERX or HUBLERX SCANNER ("Applications") for mobile devices created by Hubbler Private Limited. By accessing or using the Websites and services, tools, and Applications (collectively the "Services"), however accessed, you agree to be governed and bound by the following terms and conditions ("Terms of Use") including all applicable policies incorporated herein by way of reference. By mere use of the Services, you shall be contracting with Hubbler Private Limited, and these terms and conditions constitute your binding obligations with Hubler. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the special terms shall override these Terms of Use to the extent of any conflict.

For the purpose of these Terms of Use, wherever the context so requires, 'You' or "User" shall mean any natural or legal person who has agreed to become a member of the Services by providing registration data while registering on the Services as a Registered User. Hubler allows Users to surf the Services or make purchases without registering. The terms "we", "us", "our" shall mean Hubbler Private Limited.

When you use any of the Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed incorporated into this Terms of Use. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.

All payments made against purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate a transaction with respect to any other form of currency.

Before delivering your order to you, Hubler may request you to provide supporting documents (including but not limited to Government-issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online environment to our users.

The Services are a platform that Users utilise to meet and interact with one another. Hubler is not and cannot be a party to or control in any manner any transaction between the Website's Users. Membership on the Website is free for buyers. Hubler reserves the right to change its fee policy from time to time.

You agree, undertake, and confirm that your use of the Services shall be strictly governed by the binding principles set out in this document.

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily or indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Services in the event you breach the Terms of Use, Privacy Policy, or any other Policy or if we are unable to verify or authenticate any information you provide.

We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Services in any manner whatsoever until such time that the user is reinstated by us. Notwithstanding the above, if you breach the Terms of Use or Privacy Policy or any other Policy, Hubler reserves the right to recover any amounts due and owing by you and to take strict legal action as we deem appropriate.

• We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
• We reserve the right, at our sole discretion, to change these Terms of Use from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable notice before changes take effect.
• We reserve the right to refuse access to the Service to anyone for any reason at any time.
• We reserve the right to force forfeiture of any Access Credentials for any reason.
• We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
• There may be links from the Services to third-party websites or features. Hubler has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites.
• You agree that you are responsible for all data charges you incur through use of the Services.
• We prohibit crawling, scraping, caching or otherwise accessing any content on the Services via automated means, except as may be permitted by standard search engine technology.

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

• Belongs to another person and to which you do not have any right.
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable.
• Is misleading in any way.
• Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, racism, bigotry, hatred, or physical harm of any kind against any group or individual.
• Harasses or advocates harassment of another person.
• Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
• Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
• Infringes upon or violates any third party's rights including intellectual property rights, rights of privacy, or rights of publicity.
• Promotes an illegal or unauthorised copy of another person's copyrighted work.
• Contains restricted or password-only access pages, or hidden pages or images not linked from another accessible page.
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing harmful content to minors.
• Tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Services.
• Solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal.
• Interferes with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services.
• Harms minors in any way.
• Infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets or rights of publicity or privacy.
• Violates any law for the time being in force.
• Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• Impersonates another person.
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
• Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order.

Additional prohibitions include:

• You agree that you will not solicit, collect, or use the Access Credentials of other Hubler users.
• You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services or any Content.
• You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time.
• You shall not attempt to gain unauthorised access to any portion or feature of the Services, or any other systems or networks connected to the Services.
• You shall not probe, scan, or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services.
• You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Hubler or HublerX, or otherwise engage in any conduct or action that might tarnish the image or reputation of Hubler or HublerX.
• You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us.
• You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use.
• You are solely responsible for your conduct and any data, text, files, information, images, photos, audio, video, or other content that you submit, post, or display on or via the Services.

It is possible that other users (including unauthorised users or 'hackers') may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It is also possible for others to obtain personal information about you due to your use of the Services. Hubler is not responsible for the use of any personal information that you disclose on the Services.

Violation of these Terms of Use may, in Hubler's sole discretion, result in termination of your Hubler account. You understand and agree that Hubler cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk.

While availing any of the payment methods available on the Website, we will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

• Exceeding the preset limit mutually agreed by you and your bank(s).
• Any payment issues arising out of the transaction.
• A decline of a transaction for any other reason.

Transactions, Transaction Price and all commercial terms such as delivery of products and/or services are as per principal-to-principal bipartite contractual obligations between Hubler and the buyer and payee/seller. You have categorically authorised Hubler or its service providers to collect, process, facilitate, and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other users in respect of transactions through the payment facility.

You understand, accept, and agree that the payment facility provided by Hubler is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment and collection system. Hubler reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by a buyer with Hubler or breach of any law.

The buyer acknowledges that Hubler will not be liable for any damages, interests, or claims resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of Hubler.

You release and indemnify Hubler and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the users of the Services and categorically waive any claims that you may have in this behalf under any applicable law.

Hubler does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to Hubler a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Services, subject to the Services' Privacy Policy.

We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. We store and process your information on computers that may be protected by physical as well as reasonable technological security measures and procedures. Please see our Privacy Policy for more information.

You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licences set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

The Services contains content owned or licensed by Hubler ("Hubler Content"). Hubler Content is protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Hubler, Hubler owns and retains all rights in Hubler Content and the Services.

The HublerX name and logo are trademarks of Hubler, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hubler. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Hubler, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Hubler.

• Although it is Hubler's intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including for scheduled maintenance or upgrades, emergency repairs, or due to failure of telecommunications links and/or equipment. Hubler is not a backup service, and you agree that you will not rely on the Services for the purposes of Content backup or storage. Hubler will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
• You agree that Hubler is not responsible for, and does not endorse, Content posted within the Services. Hubler does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
• Except as otherwise described in the Hubler Privacy Policy, any Content will be non-confidential and non-proprietary as between you and Hubler, and we will not be liable for any use or disclosure of Content. None of your Content will be subject to any obligation of confidence on the part of Hubler.
• It is Hubler's policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested. Accordingly, Hubler does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted.

We respect other people's rights and expect you to do the same.

• If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
• In case you feel that your work has been copied in any way that constitutes copyright infringement or any violation of your IP rights, you can write to [email protected].

Without limiting other remedies available to Hubler, we may limit your activity, immediately remove your information, warn other users of your actions, immediately suspend or terminate your account, and/or refuse to provide you with access to the Services if:

• You breach these Terms of Use, Hubler Privacy Policy, or other Policies.
• We are unable to verify or authenticate any information you provide.
• It is believed that your actions may cause legal liability for you, other users, or us.

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HUBLER MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Hubler does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website, and Hubler will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUBLER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUBLER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.

You (and also any third party for whom you operate an account or activity on the Services) shall indemnify and hold harmless Hubler, its owner, licensee, affiliates, subsidiaries, group companies (as applicable), and their respective officers, directors, agents, and employees from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use, Privacy Policy, and other Policies, or your violation of any law, rules, or regulations or the rights (including infringement of intellectual property rights) of a third party.

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

All disputes between you and Hubler (whether or not such dispute involves a third party) with regard to your relationship with Hubler, including without limitation disputes related to these Terms of Use, Hubler Privacy Policy, other Policies, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration governed by the Indian Arbitration and Conciliation Act, 1996, with the arbitration venue always being in Bangalore, India. Neither you nor Hubler will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Hubler is a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. This arbitration agreement will survive the termination of your relationship with Hubler.

You agree that any claim you may have arising out of or related to your relationship with Hubler must be filed within six months after such claim arose; otherwise, your claim is permanently barred.

If you are using the Services on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Hubler and governs your use of the Services, superseding any prior agreements between you and Hubler. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Hubler. Any purported assignment or delegation by you without the appropriate prior written consent of Hubler will be null and void. Hubler may assign these Terms of Use or any rights hereunder without your consent.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use do not confer any third-party beneficiary rights.

These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Hubler to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that Hubler provides.

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Services to [email protected].

For copyright and intellectual property infringement matters, please write to [email protected].