These Terms (as defined below) is an electronic record within the meaning of the Information Technology Act, 2000 and rules made there under (as applicable) and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical, electronic or digital signatures.
The term “User/Users”, unless expressly provided to the contrary, shall mean and include any person who has access to or avails this Service of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, uploading information or viewing and includes other persons jointly participating in using Services in any manner as permitted. Wherever the context so requires "You" or "User" shall mean any person who has agreed to comply with these Terms and the term "We", "Us", "Our" shall mean Sokka Creations Private Limited.
Ownership and Proprietary Rights
The domain name pioneerhindi.com as referred "Website" and Pioneer Hindi (App) is owned by Sokka Creations Private Limited, a company incorporated under the Companies Act, 1956/ 2013 having its registered office at Haryana, India. Unless otherwise stated, copyright and all intellectual property rights in all material presented in the Application/Website/Service, including but not limited to content, trademarks and logos are the property of Sokka or its affiliate entity or its licensors and are protected under applicable Indian laws. Any infringement shall be vigorously defended and proceeded against to the fullest extent permitted by law.
Capacity to Contract
For the purpose of these Terms and including the applicable policies which are herein by way of reference, wherever the context so requires “User” or “he/ she” or “his/ her” shall mean any natural or legal person (excluding minor, un-discharged insolvents, persons of unsound mind) who is competent to enter into a legally binding Contract under the “Indian Contract Act, 1872” (hereinafter referred to as the “Contract Act”). The Company reserves the right to refuse to provide the User with access to Services/Application, if the User is incompetent to enter into a legal binding contract according to the provisions of the Contract Act. You further represent and warrant that (i) all registration information provided by you is truthful and accurate including all updations failing which constitute a breach of these Terms, which may result in immediate termination of account. (ii) your use of Services/Application does not violate any applicable law or regulation. Where a minor intends to use our Services, he/she should do so under the supervision of their parent or guardian, who shall be, for all purposes with regard to the Terms contained herein, a party to this agreement.
Before registering, using, accessing, browsing, visiting the Website/Application, please read these Terms carefully. If you are not agreeing to any of them or you have any objection, then we suggest the User to refrain from using the Services/Application. By using the Services/Application, you are agreeing to comply with and be bound by these Terms. Your acceptance of these Terms is valid, binding and constitutes the entire agreement between you and the Company. These Terms supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services/Application etc.
Sokka has provided these Terms so that the Users can become aware as to the various terms and conditions which apply to the Users while using or availing any Services/Application. The Users also acknowledge that Sokka has given them a reasonable opportunity to review these Terms and that they have agreed to them in totality.
Sokka reserves the right to change, modify, add or remove portions of these Terms at its discretion. The User is personally responsible to check the Terms periodically for changes. The User’s continued use of the Services/Application after posting of changes will imply acceptance of the Terms.
By clicking the “I Accept” button as part of the registration process, the Users accept and agree to abide by the Terms. If the User does not agree to these Terms, the User should not click the “I Accept” button (or any equivalent) or attempt to access or use these Services/Application. The Users are advised to read the Terms carefully before signing up.
Disclaimer of warranty and liability
The Users agree that the use of the Services/Application shall be at their sole risk, to the fullest extent permitted by law. Sokka, its affiliates, its officers, directors, employees and agents exclude all warranties, express or implied, in connection with these Services.
Sokka excludes all warranties, conditions, terms or representations about the accuracy or completeness of the Application’s content or the contents of any site linked to this Application/Services and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracy of the content (ii) personal injury or property damage of any nature whatsoever resulting from your access to or use of the Services/Application (iii) any unauthorised access to or use of our secure servers and/or all personal information stored therein (iv) any interruption or cessation of transmission to or from our Services/Application (iv) any bugs, viruses, Trojan horses or the like which may be transmitted to or through our Services/Application by any third party and (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services/Application.
Sokka and its affiliates and associates shall not be liable, at any time for any direct, indirect, punitive, incidental, special or consequential damages (including, without limitation, damages for loss of business, damage to hardware or loss of profits, loss of data or profits, whether arising in contract, tort or otherwise arising out of or in any way connected with the use of the Services/Application, with the delay or inability to use the Applications/Services, or due to use of the contents available in the Application or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, or due to use of information contained in the Application. In the event any exclusion contained herein be held to be invalid for any reason and Sokka or any of its affiliate entities, officers, directors or employees becomes liable for loss or damage, then any such liability of Sokka or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding the charges paid by the User, if any, to the Sokka.
This Service/Application also contains the information, offers and content supplied by third parties. Any opinions, advice, statements, services, offers, other information or content expressed or made available are those by third parties and/or the respective author(s), and not of Sokka. Neither Sokka nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Service/Application represents the opinions and judgments of the respective information provider; Sokka neither endorses nor is responsible for the offers, accuracy or reliability of any information, opinion, advice or statement made in the Service/Application with respect to such third party's offers, accuracy or reliability of any information, opinion, advice or statement etc. It is your responsibility to evaluate the offers, accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service/Application.
This Service/Application may have certain links which may lead to resources located on servers maintained by third parties. These third-party websites, applications may contain Sokka's logo, but they are independent from Sokka, and Sokka does not have any control over these websites or applications. Sokka, therefore, accepts no responsibility or liability due to your use of such third-party websites or applications.
Obligations – permission and restrictions
Subject to the obligations enumerated below, Sokka hereby grants the User permission to access and use the Services as set forth in these Terms:
The User agrees to refrain from distributing in any medium any part of the Service or the content without prior written permission of Sokka.
The User agrees not to alter or modify any part of the Service.
The User agrees not to access content through any technology or means other than that which is allowed, authorised and provided for in the Service itself.
The User agrees not to offer for sale the access to Service.
The User agrees not to make any unlawful use of the Application/Services or any such use that is prohibited by these Terms. The User also agreed not to use the Service/Application in any manner that could damage, disable, overburden or impair any Sokka server or the networks connected to the server or interfere with any other party’s use and enjoyment of any services.
The User further concurs that they shall not, through the Application/Services, indulge in the following activities:
Delete from the Service/Application any legal notice, disclaimers or proprietary notices, such as copyright or trademark symbols or modify any logos that the User does not own or have express permission to modify
Use the Application/Services in any manner that could damage, disable, overburden or impair – or undertake any action which is harmful or potentially harmful to any Sokka Server, its network, computer systems connected to the server or interfere with any other Party’s use and enjoyment of the Application/ Services.
Obtain or attempt to obtain any material or information through any means not intentionally made available through the Application/Services.
Perform any activity which is likely to cause harm.
Carry out any “denial of service” or any other harmful attacks on the Application/ the Services provided by Sokka or disrupt or place unreasonable burdens or excessive loads or interfere with or attempt any unauthorized access to the Service/Application or its customers
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service/Application;
Impersonate any person or entity, including, but not limited to Sokka’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Take any action which encourages or consists of any threat of harm of any kind to any person or property or make any inappropriate, illegal or otherwise prohibited communication;
Collect or attempt to collect personally identifiable information of any person or entity without their express written consent;
Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
The User has to follow these Terms and the applicable laws in force at the relevant time. Sokka may but has no obligation to (i) Monitor or moderate any content or material; (ii) Edit, verify or fact check any content or material; (iii) Remove any material from the Service; and Restrict access to any part of the Service at any time in its sole discretion.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service/Application in a manner that sends more request messages to the Sokka servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Service/Application, that —
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
Breaching any applicable laws;
harm minors in any way;
infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Gaining unauthorised access to other computer systems;
Interfering or disrupting networks or web sites connected to the Services / Application;
Interfering with any other person's use or enjoyment of the Services/Application;
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the Company;
deceives or misleads the addressee 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
is known by you to be false, inaccurate or misleading;
contains any computer virus, worms, or other potentially damaging computer programs or files;
for any other legal or justifiable cause including opposed to public policy or religious sentiments;
Use of user’s content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to the Users use of content:
The content on the Service and the trademarks, service marks and logos ("Marks") on the Service are owned by or licensed to Sokka and/ or its subsidiaries, affiliates, licensors, etc, subject to copyright and other intellectual property rights under the law.
Content is provided to Users on an “as is” basis. Users may access content for their information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. Users shall not download any content unless they see a “download” or similar link displayed by Sokka on the Services for that content.
Sokka reserves the right to discontinue any aspect of the Services/Applications at any time without providing prior notice.
Users agree not to circumvent, disable or otherwise interfere with security-related features of the Service/Applications or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service/Applications or the content therein.
Sokka reserves the right to, with or without any prior notice, refuse service, restrict, suspend your access to the Application/Services; delete, move, or remove any content that is available in or through the Application/Services; establish general practices and limits concerning use of the Application/Services at any time. If, under appropriate circumstances, the User is determined to be an infringer, Sokka will terminate such User's access to the Service.
Sokka reserves the right to decide whether any content or any part thereof violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Sokka may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a User's account for submitting such material in violation of these Terms.
To the extent permitted by applicable law, Users agree to defend, indemnify and hold harmless Sokka, its parent corporation (if any), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Users’ use of and access to the Service; (ii) Users’ violation of any term of these Terms of Service; (iii) Users’ violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim which arises from Users’ conduct which caused damage to a third party. This defence and indemnification obligation will survive these Terms and Users’ use of the Service/Application.
These Terms shall constitute the entire agreement between the Users and Sokka concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sokka’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by Sokka without restriction.
Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email to customer care.
User may also submit information, data or content etc (“User Content”) to the Service. User Content so provided by you to the Service does not become property of the Company and the Company also does not claim any ownership right in User Content. The Company does not have any editorial control and only transmitting User Content through the Service. By submitting User Content, you grant to the Company a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the User Content to incorporate such Content into other works, and to grant similar sub-licenses to the extent necessary for Company to provide the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or cancelled, the Company may temporarily or permanently delete your data, without notice. The Company has no obligation to return data to you after the Service is discontinued or cancelled.
As long as the User complies with these Terms, Sokka will grant the User a personal, non-exclusive, non-transferrable, limited privilege to use the Services. Sokka grants Users a limited licence to use Services for personal use but not for commercial purposes. We permit the use of materials on the Service/Application, provided such material is for public viewing and subject to due credits given to [●] (publishing house). The use shall further be restricted to personal use or for academic dissemination. The Users shall be personally liable to ensure that Intellectual Property Rights of any person is not violated by them. When using material from the Service/Application, proper attribution to authors or copyright holders must be given. A User is granted a limited, revocable and non-exclusive right to create hyperlinks to the home page or any other page of the Service/Application so long as these links do not portray the Application/Services in a false, misleading, derogatory or offensive manner. The User is prohibited from using Sokka’s logos, proprietary graphics or trademarks without express permission.
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