- Membership and Accessibility
- LICENSE TO ACCESS
MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with Hello91 to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Hello91 in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).
You are solely responsible for safeguarding your Hello91 password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Hello91 immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Hello91 permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not Hello91 will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Hello91 or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a “Registered User.”
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
- You will not copy or distribute any part of the Website in any medium without Hello91 prior written authorization.
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without Hello91’s prior written approval.
- You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
- You shall not in any way that transmits more request messages to the Hello91 servers, or any server of a Hello91 subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Hello91 reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form Service Experts or Service Users for employment or contracting for a business not affiliated with Hello91 without express written permission from Hello91.
- You shall not take any action that (i) unreasonably encumbers or, in Hello91’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Hello91’s measures that are used to prevent or restrict access to the Website.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
- Member Conduct
- PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Website, the Service, the Service experts, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
- invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage Hello91 or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Hello91 all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Hello91 employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Website (as determined by Hello91 in its sole discretion);
- contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm Hello91, or the interests or property of Hello91 users
- contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Hello91.
- PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the Website or an external website.
- NO DISCRIMINATION
- Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Hello91 will not knowingly accept any Posting which is in violation of the law. Hello91 has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
- PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website, you shall not:
- post content or items in any inappropriate category or areas on the Website;
- fail to deliver payment for Services purchased by you, unless the Service Expert has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Expert’s identity;
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Hello91; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Hello91, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
- Reporting Inappropriate Use of Feedback. You may contact Hello91 regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org.
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Hello91 shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, URBANCLAP HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Hello91 reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Hello91 determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Hello91 reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Hello91 deems appropriate in Hello91’s sole discretion. Hello91 may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Hello91’s discretion, Hello91 will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.Hello91 does not and cannot review every Posting posted to the Website. These prohibitions do not require Hello91 to monitor, police or remove any Postings or other information submitted by you or any other user.
- Rules for Service Experts
- PROFILES AND OFFERS MUST NOT BE FRAUDULENT
- PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT HELLO91 FEES
In case we realize that any experts is involved in any of the above activities, Hello91 holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
- PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
- CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE EXPERTS
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Hello91, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Hello91’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Expert’s status earned via the Feedback page.
- Rules for Service Users
- SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service expert’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Hello91 in connection with the use or purchase of any Service.
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Hello91, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.