BroChill

These Terms of Use (“Terms”) govern your use of our website located at https://Brochill.com/and/or the Brochill mobile application (collectively, the “Platform”) made available by Brochill Internet Private limited (“BroChill”, “Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at Third floor, Ravi chambers, Kavuri Hills, Madhapur, Telangana 500083. The terms “you” and “your” refer to the user of the Platform.

These Terms are to be read with the Brochill Terms and conditions https://www.brochill.com/privacy-policy/, If you do not agree with the terms and conditions of these Terms, please do not use this Platform.

Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from the Republic of India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.

You and we are required to follow certain rules while you use our Platform. We have listed these rules in these Terms. Please read these Terms and all other hyperlinks mentioned here carefully. Do remember that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws.

CHANGES TO TERMS AND SERVICES

Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally. We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it.Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.Visit this page to see any changes that we may make and services that we may add or modify,from time to time.

WHO MAY USE OUR SERVICES

Our Platform helps you stay in touch with your friends and enables you to share images, videos, music, status updates, and more in your preferred regional language. We understand your preferred content and personalize your newsfeed to show you posts, pictures, videos, and suggest content available on our Platform (“Service/Services”).You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively “you” and “your” shall refer to the company.Please ensure that you are allowed to use our services under the law.

HOW TO USE OUR SERVICES

We have developed a unique platform. Our Services are available exclusively in regional languages. We strive to give you personalized content and show you content that you will enjoy. We also allow you to download content that is available on our Platform and share your Brochill experience across social media platforms. To use our Services, you must register on our Platform by entering your phone number and the One-Time-Password sent by us via SMS to your phone number. When you register with us using the Brochill mobile application, you also allow us to read your mobile device access your mobile gallery, mobile device storage, and mobile device camera. However, we do not read any information stored on your mobile device and computer without your permission. In order to provide Services to you, we need to access your certain features of your mobile device.

PRIVACY POLICY

To effectively provide and introduce any new Services to you, we collect certain information such as your phone number, your gender, your email, your profile pic and your name from you.We may further request and store additional information. Such information is stored securely on Linode servers or amazon web services or “AWS” cloud servers and the “Google Cloud Platform” cloud servers, thereby also subject to the terms of the Linode, AWS and Google Cloud privacy policy. The Brochill Privacy Policy explains how we collect, use, share and store the information collected. The Brochill Privacy Policy also details your rights under law and how you may control the data you provide us.

We collect information from third party sources such as Google and Facebook. If you log in to Brochill using Facebook we receive the following information.

1. Facebook username
2. Email Address
3. Facebook profile picture
If you log in to Brochill using Google we receive the following information.
1. Name
2. Email Address
3. Profile picture
You provide us with some information about yourself so that we can serve you better. We have described how we store and use this information in the Brochill Privacy Policy.

YOUR COMMITMENTS

Providing a safe Service for a broad community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Your commitments to us are:
a. No Impersonation or False Information to be Provided:

While you do not have to use your actual name on our Platform, you are required to input your correct phone number and gender to use our Services. You will not falsely represent yourself as another person or representative of another person to use our Services.
You will not lie about your details, including your age, for any reason.

b. Device Security:

We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number.
While we do everything we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.

c. Content Removal and Termination:

Your usage of our Platform is governed by the Brochill Content and Community Guidelines. If any of our users report your content to be against the Brochill Content Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the Brochill Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at [email protected]
We may remove any content that is shared on our Platform if such content is prohibited under the Brochill Content and Community Guidelines.

d. Platform Not to be Used For Anything Unlawful or Illegal:

Our Platform is designed to accommodate a multiplicity of languages and cultures, as well as a diverse range of contents. To this effect, we have developed various tags to classify the nature of the content. You must therefore, correctly identify the nature of the content shared by you and tag it appropriately.
You shall not, however, use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading hate speech, inciting any form of violence or hatred against any persons, or of seditious in nature, or violates any laws of the Republic of India, or is barred from being shared by any laws of the Republic of India. We reserve the right to remove such content. Please read the Brochill Content and Community Guidelines for further details.
In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues.You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.
We have developed a platform for people to come together; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.

e. Content Rights and Liabilities:

We strongly believe in the freedom of expression and allow you to share photographs, images, videos, music, status updates, and other content on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against Brochill Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights in such content.
By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty- free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the Brochill Privacy Policy.
You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform.
You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but will have a free of cost, permanent license to use what you share and post on our Platform.

f. Intermediary Status and No Liability:

We are an intermediary under the Information Technology Act, 2000 and the Information Technology Act (Intermediary Guidelines) Rules, 2011. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of the rules and regulations, Brochill Privacy Policy, and Brochill Terms of Use for accessing and using our Platform. Our role is limited to providing a platform to display the content shared by you and our other users.
We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the Brochill Content and Community Guidelines.

g. You Will Not Attempt to Disrupt or Jeopardize Brochill:

We have developed a community-driven platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your user profile. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and even have to report your actions to the police.
We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the Brochill mobile application to your mobile device and update it from time to time.
Applications and software are constantly updated for your use and you will need to install the latest version of the Brochill mobile application to your mobile device each time such update is generated.

Permissions we take

This app has access to:
Photos/Media/Files
read the contents of your USB storage
modify or delete the contents of your USB storage
Storage
read the contents of your USB storage
modify or delete the contents of your USB storage
Your information you provide to us is used only to generate the results for the games you play
or the quizzes you take.
We do not provide information to third parties.

User Content

All Content added, uploaded, submitted, distributed, posted to, or created using the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the generality of the foregoing, you represent that any User Content you create using tools accessible on the Services does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Availability of Content

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify, or block from the Services any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the final sentence of the immediately foregoing paragraph), or for no reason at all.

Grievance Officer

We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them. You may contact the Grievance Officer at any of the following:
Rashmi Mayur Koyyada
Address: Second Floor , Suvarna Habitat, Jai Hind Enclave, Madhapur, Hyderabad – 500081.
Office Hours: 10:00 A.M. to 2:00 P.M.
Email: [email protected]
We have created a method for you to get in touch with us and for us to address your concerns.

LIMITATION OF LIABILITY

We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform.

The Platform and Services, are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.

In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.

In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or willful misconduct. This obligation will survive termination of our Terms.

UNSOLICITED MATERIAL

We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

GENERAL

A. If any aspect of these Terms is unenforceable, the rest will remain in effect.
B. Any amendment or waiver to our Terms must be in writing and signed by us.
C. If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
D. We reserve all rights not expressly granted to you.