Terms and Conditions
Welcome to Heyo, a platform where users can connect with each other based on shared interests and build friendships. Please read these terms and conditions carefully before using our app. By using Heyo, you agree to these terms and conditions.
This terms of use (“TOS”) is an electronic document in terms of the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This TOS does not require any physical, electronic or digital signature.
The website glowbox.app and the mobile application Heyo (collectively, "Platform") are owned, operated and maintained by Glowbox Media LLP ("Company/Us/We/Our/We"), a company incorporated under the Companies Act, 2013 having CIN: U74999WQ013PTC243074, and having its Registered Office at 15, Khetan Bhavan, 198, J, Tata Road, Churchgate, Mumbai - 400020.
The TOS is a legally binding document between the User/you (“User/You/Your”) and the Company. This TOS and any terms incorporated herein applies to any User accessing or using, any services made available by the Company on its Platform, and to any other related services provided by Us (collectively, the “Services”). By accessing or using or attempting to access or use any Services in any manner whatsoever, You agree to be bound by this TOS. If any terms of this TOS conflict with any other document/electronic record, the terms and conditions of this Agreement shall prevail, until further change / modifications are notified by the Company. You may also be subject to such additional terms and conditions while using certain features of the Services, as may be applicable to such features. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.
The Privacy Policy and any other policies communicated by Us, from time to time, shall be applicable to Your use of the Services and shall be deemed incorporated herein by reference.
We may revise this TOS as well as update the Platform and Services from time to time. While we will make best efforts to keep you updated, we would also request you to please keep visiting this page regularly to be informed about any updates. Your continued use of the Services following the posting of changes will be deemed as Your acceptance of the revision. If You have any queries or concerns regarding this TOS, please contact our Grievance Officer.
We are a social media platform where users can connect with each other based on shared interests and build friendships
Additionally, the Platform may, from time to time, provide other paid features such as a feature which allows You to be notified of the profile of friend / acquaintance who sent you a compliment.
General Terms and Conditions
Before availing of the Services, You shall complete the registration process for opening an account as may be prescribed from time to time. You shall follow the instructions given on the Platform for registering Yourself as a User and creating an account (“Account”) on the Platform.
The Services are intended solely for Users who are above 13 (thirteen) years and above and who satisfy the criteria described in this TOS. You represent and warrant that You:
(a) are of legal age to form a binding contract (at least 18 (Eighteen) years old or if below, you have consent from Your Parents);
(b) have not previously been suspended or removed from using our Services;
(c) have full power and authority to agree to this TOS;
(d) have not committed any criminal offence; and (e) are not prohibited in the jurisdiction applicable to You from undertaking activities in respect of the Services.
You hereby agree to provide up-to-date, complete and accurate information on Your account. We may occasionally contact you on the phone number provided in your Account registration. If you missed any communications due to an inaccurate, outdated, or incomplete email address, We will not be liable for any losses or damages caused by you missing the communication.
Users below the age of 18 years (“Minor(s)”) can use the Platform only with the permission and under the supervision of their parent or legally appointed guardian (“Parent”). As the Parent you must agree to and accept this TOS and the Privacy Policy on behalf of the Minor(s). Minors cannot, therefore, use the Platform unless their Parent agrees to and accepts This TOS and the Privacy Policy on their behalf. If you agree to this TOS and the Privacy Policy on behalf of a Minor(s), you represent to us that you are their Parent. As a Parent, you understand you are responsibility for the acts and omissions of the Minor(s) while using the Services and any interaction with the Platform, such as – setting up and using the Account.
Inquiries as to Minors: By taking responsibility for a Minor, You authorize us to make inquiries (if we choose to do so), either directly or through third parties to validate the information provided about the Minor or your relationship with the Minor. This could include information to verify your relationship as a Parent to the Minor(s). If we are unable to verify the information that you provide, we may:
(i) refuse to establish an Account (defined below); (ii) close the Account; and (iii) terminate our Services or portion(s) thereof.
You are free to choose any username and password while registering/creating an Account on our Platform which will enable You to avail of the Services. Platform When you create your Account, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate.You may modify the information provided by you during registering your Account only once.
Identity Verification: We may, in Our discretion, require identity verification and other screening procedures with respect to You or the transactions associated with Your User Account. These verification and screening procedures may include, without limitation, checking the information You provide to us. You may be required to provide Us with certain personal information, including, but not limited to, Your name telephone number, and any other information as may be required from time to time. You hereby authorize Us, directly or through a third party, to make any inquiries We consider necessary to verify Your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., Your name, address, past addresses, or date of birth); (b) query account information associated with Your linked bank account (e.g., name or account balance); and (c) take action We reasonably deem necessary based on the results of such inquiries and reports.
Responsibility for Account Activities: You will be bound by, and hereby authorize Us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or use Your User Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from You that the security of Your User Account has been compromised, We will take reasonable steps to protect Your User Account, including, for example, to cease to allow actions initiated using any compromised account passwords, in the event such actions are not already compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, shall be liable for any loss incurred by You by an unauthorized use of Your User Account.
Given the nature of the Platform and Services provided, please ensure to keep Your electronic device safe. You are solely responsible for all activities that occur under Your Account. You should keep your password safe and not disclose Your Account details to any third party or share the Account with any third party. If you think someone has gained access to Your Account, please contact our Grievance Officer immediately.
Third-Party Use of Account: You will use the Services and Your User Account only for Yourself and not on behalf of, or for the account of, any third party..
A user of the Platform shall not host, display, upload, modify, publish, transmit, store, update or share on the Platform, the following information that
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is harmful to child;
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deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
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threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
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is in the nature of an online game that is not verified as a permissible online game;
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is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
Your Access to and Use of our Services
Your access and use of the Services is subject to this TOS and all applicable laws and regulations.
You shall not:
● access or use the Services if You are not fully able and legally competent to agree to this TOS, unless your Parents consent in terms of this TOS;
● modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Platform or any derivative works thereof;
● distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof include any data obtained from the Platform;
● market, rent or lease the Services for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;
● interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
● incorporate the Platform or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
● use automated scripts to collect information from or otherwise interact with the Services;
● impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
● intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
● use or attempt to use another’s account, service or system without authorisation from Us, or create a false identity on the Services;
● use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services,;
● use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content):
− files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
− any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
− any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
− any content which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
− any content which is defamatory of any person, obscene, offensive, hateful or inflammatory;
− any content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
− any content that is deliberately designed to provoke or antagonise people, especially trolling, or is intended to harass, scare, distress, embarrass or upset people;
− any content that contains a threat of any kind, including threats of physical violence;
− any content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
− any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
− Use any automated systems of software to withdraw data from the Platform; or
− content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Us, the Services or its users to any harm or liability of any type.
● violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
● use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
● use any robot, spider, crawler, scraper, or other automated means or interface not provided by Us to access the Services or to extract data;
● encourage or induce any third party to engage in any of the activities prohibited under this Section.
Be aware that we filter and delete content that we consider to be in violation with these terms. We also suspend any account for conduct that breaches these terms and report unlawful content and activity to law enforcement.
We check all Heyo profiles and notify the user if any of the content is not permitted (e.g. a profile photo without their face showing or violent references in their bio). We also remove the said content from the platform and repeated offence from users will lead to their account being blocked and user will no longer be able to use the app.
Reporting:
To help us make Heyo safe and respectful community, we encourage you to report any content or User Account that you feel is inappropriate on Heyo.
You can use the following way(s) for reporting content that you believe violates these Terms and/or the Community Guidelines and/or applicable laws:
Directly in the Heyo App, by clicking on the three dots of a user’s profile and select the relevant reason for your report.
When submitting a report, please provide any useful evidence and information to your report. This will make it easier and faster to deal with.
Under no circumstances should you use these channels in bad faith, to harm others or to make false reports.
We investigate every report submitted by our users and take action in response to all verified violations of our Community Guidelines, while also educating our users through real-time pop-ups that encourage behavioural change.
Warranties And Representations
You represent, warrant and acknowledge that:
You are authorised to access and use the Platform in terms of this TOS; in particular, the jurisdiction where You reside, hold citizenship in such jurisdiction as mentioned under this TOS that allows You to utilize the Services;
If You are using the Platform on behalf of or for the benefit of any organisation then it is assumed that You have the right to do so. The organisation and You will be jointly and severally liable for Your actions including any breach of this TOS;
Your use of the Services is at Your own risk. You agree that We shall not liable for any damage or harm arising out of Your use of the Services;
The information provided on the Platform is for general information purposes only and is given in good faith. However, the information is selective, and We may not verify all information, which may not be complete or accurate for Your purposes and should not be relied upon without further enquiry. The information should not be construed as a recommendation to engage the Services provided by Us in a particular manner.
Compliance With Applicable Law
The Platform is based in India. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of India. If you access the Platform, or the Content from outside of India, you do so at your own risk. Whether inside or outside of India, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Privacy Policy
Please refer to Our privacy policy for information about how We collect, use, and share Your information. Our Privacy Policy is available [here].
Suspension Termination
Suspension or Termination of Services and Account: We may, at Our sole discretion and without liability to You, with or without prior notice and at any time, temporarily suspend or permanently terminate Your access to all or a portion of any Services, suspend Your User Account; and/or edit Your account details.
We can remove any content or information that you share on the Service if we believe that it violates this TOS, our policies or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to our features) immediately to protect our community or services, or if you create risk or legal exposure for us, violate this TOS or our policies, if you infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe that your account has been terminated in error, or you want to disable or permanently delete your account, consult our customer care team.
Content you share with others on the Platform may continue to exist on the Platform even if you leave the Platform. We may backup, archive and retain your User Content even if you terminate or deactivate your account, or delete or remove specific User Content. The Platform and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on the Platform.
Termination by User: You may also at Your sole discretion terminate Your Account by sending us a written request stating Your intentions to do so. Upon the receipt of Your request, We will provide You with a written notice of 30 (Thirty) days (“Notice Period”) to permanently terminate Your Account.
No Liability: We will not be liable for any losses suffered by You resulting from any modification of any Services or from any suspension or termination of Your access to all or a portion of any Services.
Effect of Termination: In the event of discontinuation of all Services or other termination of Your right to access all Services: (a) We may delete or deactivate Your User Account and all related information and files in such account without liability to You; and (c). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Proprietary Rights
Ownership of Services: The Services and all technology, content and other materials used, displayed or provided in connection with the Services including everything on the Platform (“the Company Materials”) together with all intellectual property rights in any of the foregoing are, as between You and Us, owned by Us or Our licensors or third parties with whom we have legal arrangements. The Company Material is protected by copyrights, patent, trademark and other applicable laws. Accordingly, you shall protect the proprietary rights of the Content and all others having rights in the Service during and after the term of this TOS and comply with all written requests made by Us to protect its and others' contractual, statutory, and common law rights in the Service.
Limitations: You may use the Company Materials solely as authorized by Us in connection with Your use of the Services for as long We permit You to continue to access the Services. "The Company”, any product or service names, logos, and other marks used on the Platform or the Company Materials, or otherwise in connection with the Services, are trademarks owned by Us or its licensors. You may not copy, imitate or use them without the Company's prior written consent. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or the Content in any manner. If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours). You can only use our intellectual property and trademarks or similar marks as expressly permitted by us or with our prior written permission.
User License:
Nothing is changing about your rights in your content. We do not claim ownership of your content (other than Account username) that you post on or through the Service and you are free to share your content with anyone else, wherever you choose. However, we need certain legal permissions from you (known as a "licence") to provide the Service. When you share, post or upload content that is covered by intellectual property rights (such as photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). This licence will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.
You give us permission to show your username, profile picture and information about your actions (such as likes or interests) or relationships (such as follows) next to or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on the Site, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on our Platform. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.
If you breach any of this TOS, the above license will terminate automatically.
You agree that we can download and install updates to the Service on your device.
Third-Party Content
The Platform may contain links, information or pointers to other websites or services for payments, information verifications, information processing, transaction processing or other required / appropriate services, but you should not infer or assume that the Company operates, controls, manages or is otherwise connected with these other websites. When you click on a link within the website/platform/mobile application, Company may or may not warn you that you have left the website/platform/mobile application and are subject to the terms and conditions, disclaimers (including privacy policies) of such other website or its partners & service providers. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on the terms of this Company/Platform to govern your use of another website. Company is not responsible for the content or practices of any other website even if it links to the site and even if the website is operated by a company affiliated or otherwise connected with Company. You acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website other than this website/platform/mobile application.
Disclaimer of Warranties
Neither the Company nor affiliates warrant that this Platform and Content are accurate, reliable or correct; that this Platform and Content will be available at any particular time or location; that any defects or errors in this Platform or Content will be corrected; or that this Platform or Content are free of viruses or other harmful components. We do not warrant that the use of the Services will be uninterrupted or error free. THIS PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND We MAKE NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We provide no warranty about the Services. Without limiting the foregoing, We do not warrant that the Services will meet Your requirements or that it will be suitable for Your purposes. To avoid any doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if You access them through our Service.
We deny all liability for the timely operation of the Services, where You or a third party is providing the computer equipment upon which the Service is depend upon for any part of its functionality.
By using the Service, You accept that the timely operation of the internet and the World Wide Web is governed by constraints beyond Our control. You accept that We are not liable for any perceived slow operation of, or any server or technical issues in relation to, the Services.
Indemnification
You will defend, indemnify, and hold harmless the Company, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) Your use of, or conduct in connection with, the Services;(b) Your violation of this TOS; or (c) Your violation of any applicable law or the rights of any other person or entity. If You are obligated to indemnify any Indemnified Party, We, at Our discretion, will have the right to control any action or proceeding and to determine whether We wish to settle, and if so, on what terms.
Limitation of Liability
In no event will the liability of the Company, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with Platform, the Services, the Company Materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Us, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence by Us) exceed the amount of the fees paid by You to Us under this agreement in the 6 (six)-month period immediately preceding the event giving rise to the claim for liability.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
You hereby acknowledge and agree that We shall not be liable for any direct or indirect damage You suffer as a result of the use of the Platform or the Services provided thereon including and not limited to:
● The proper functioning of hyperlinks provided by the Platform;
● Any situation where Users mobile device, login details and/or password is stolen and any third party subsequently makes use of the Platform or the Services without User’s consent;
● Any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Platform or the Services; and
● A failure to meet any of Our obligations under this TOS where such failure is due to events beyond Our reasonable control.
Breach of Terms
Without prejudice to Our other rights under this TOS, if You breach any terms of the TOS in any way, or if We reasonably suspect that You may have breached the TOS in any way, We may (without prejudice to other rights):
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Send one or more formal warnings to You, if the breach can be remedied or corrected by You;
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Temporarily suspend Your access to Our Platform and suspend Your User Account;
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Permanently prohibit You from accessing Our Platform and Our Services;
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Block computers using Your IP address or contact any or all of Your internet service providers and request that they block Your access to Our Platform; and/or
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Commence legal action against You, whether for contractual breach or otherwise.
Other Terms
Security.
We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
Remedies:
If You violate any of this TOS, We may, as We determine reasonably necessary to remedy or mitigate Your violation, delete all or part of such information transmitted by You, suspend or cancel Your User Account. We shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Us pursuant to this paragraph. Any right or remedy of the Company set forth in this TOS is in addition to, and not in lieu of, any other right or remedy whether described in this TOS, under statute, at law or in equity.
Non-waiver:
Our failure or delay in exercising any right, power, or privilege under this TOS shall not operate as a waiver thereof.
Severability:
The invalidity or unenforceability of any of this TOS shall not affect the validity or enforceability of any other of this TOS, all of which shall remain in full force and effect.
Force Majeure:
We will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that You may incur, due to any circumstance or event beyond Our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
Competitor:
No employee, independent contractor, agent, or affiliate of any competing social media company is permitted to view, access, or use any portion of the Service without express written permission from Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Company or any of its affiliates, or acting on behalf of a competitor of Company in using or accessing the Service.
Assignment:
The Account cannot be sold or transferred without Our consent. You may not assign or transfer any right to use the Services or any of Your rights or obligations under this TOS without prior written consent from Us, including by operation of law. We may assign or transfer any or all of its rights or obligations under this TOS, in whole or in part, without notice or obtaining Your consent or approval.
Entire Agreement; Order of Precedence: This TOS contains the entire agreement and supersedes all prior and contemporaneous understandings between the parties regarding the Services on the Platform. In the event of any conflict between this TOS and any other agreement You may have with Us, this TOS will control unless the other agreement specifically identifies this TOS and declares that the other agreement supersedes this TOS.
Grievances: If you have any grievances, please contact out Grievance Officer at the following: info@lavampl.com