Terms and Conditions and Content Policy

Introductions
Thanks for choosing Chingari" ("Chingari", “we”, “us”, “our”, “Tech4billion Media Private Limited”). We are pleased to make our Service available to you. Chingari includes the Chingari App, website, features, and other associated services. Chingari provides Image Posting, Video Posting and other services to users. Chingari includes social and interactive features. These images, videos, clips, interactions on Chingari etc. posted by the users shall be the Content.

If you install, use, access Chingari or any of its features, you have read and accepted these terms and conditions. You have also accepted the Chingari ‘Privacy Policy, and our Community Guidelines, and other terms which are available on the Chingari App, Chingari Website, and otherwise. Please make sure to read these documents. By using Chingari, you are entering into a binding contract(s) with Chingari. Your contract with us includes the Terms and Conditions and Content Policy, the Privacy Policy etc. If you don’t agree with and accept the above, please do not use, install, access Chingari or any of its features.

Account and Registration

You must be over the age of 13 to register for our Services. You represent and warrant that you will provide accurate and up to date information while creating an account with us and you agree to keep the information accurate at all times. You must keep your account password confidential.

You shall be solely responsible (to us and to others) for the activity on your account and its consequences.

If at any time, if you fail to comply with the provision of these terms or if activities occur on your account which might cause damage to the Services or infringe or violate any third party rights or violate any laws or regulations, or for any other reason, we reserve the right to, at our discretion, disable your account and remove or disable any Content you upload or share.

You may delete your account by following the steps on the Application.

Only persons who can form legally binding contracts under the law of their jurisdiction or those persons that are represented by persons who can form legally binding contracts under the law of their jurisdiction, are permitted to use our Services.

    You agree that:
  1. You have the right, authority and legal capacity to agree to these Terms and Conditions and Content Policy, Privacy Policy and Community Guidelines on behalf of yourself;
  2. You have read, understood and agree to be bound by these Terms and Conditions and Content Policy, Privacy Policy and Community Guidelines with respect to yourself and any minor in your care who has access to our Services.

Content posted by you

By posting any Content on or through our Services, you hereby grant us a non-exclusive, fully paid and royalty-free, worldwide, limited license to display such Content as felt appropriate, in any media formats through any media channels, and delete such Content. We do not claim any ownership or modification or derivative rights in any Content or to the underlying works in the Content that you post on or through our Services.

You agree that your use of the Services does not grant you any right to any compensation or share in revenue or value.

To the extent it’s necessary, when you generate Content, you also grant us, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. You will not be entitled to any compensation from us, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Chingari application or on one of our business partner’s platforms.

You represent and warrant that: (i) you own the Content posted by you on or through our Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through our Services does not violate the privacy rights, copyrights, contractual rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content does not result in a breach of contract between you and a third party (iv) The content uploaded or created by you shall not be in violation of applicable law or regulation. We are not responsible for any Content posted by you or any consequences thereof.

You agree that you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

  1. belongs to another person and to which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful inconsistent with or contrary to the laws in force in any manner whatever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or which is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. 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 any other nation;
  10. intimidates or harasses another, or promotes sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  11. contains material that contains a threat of any kind, including threats of physical violence;
  12. is slanderous or defamatory;
  13. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

You acknowledge and agree that the Content uploaded is the sole responsibility of the user who has uploaded such Content and the views expressed are their own. Chingari is not responsible for the Content posted by the Users.

You shall be solely responsible for the Content posted, shared, modified uploaded, transmitted, updated and hosted by you.

You agree that the use of Chingari’s services will conform to the Community Guidelines.

You agree that in case of non-compliance with applicable laws, or with these terms and conditions, or with the Chingari ‘Privacy Policy, or with our Community Guidelines, we have the right to terminate the your access or usage rights to Chingari immediately and remove non-compliant content from Chingari.

If any violation of these Terms is brought to our actual knowledge by an affected person, we shall act within thirty-six hours and where applicable, work with the user or owner of such information to delete / disable such information/Content that is in contravention of these Terms. We will not intimate you if any of the Content posted by you is taken down / deleted or your account is disabled pursuant to the above. We will preserve such information and associated records for at least one hundred and eighty days for investigation purposes. Please contact the grievance officer whose details are provided in the last section of these Terms, in case of any violation or grievances.

We have a separate page for reporting copyright infringement which is available at:[here]

Links to Other Sites
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content on these third party sites/applications.

Children’s Privacy
These Services are not for any child under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In case we discover that a child under 13 has provided us with personal information, we will immediately delete this information from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact the grievance officer whose details are provided in the last section of these Terms.

Devices and Software
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Device Storage Permission
You provide us storage permission(Read and write) by which we are able to upload your content to our server and display it to users. You confirm you are authorized to provide us such permissions to allow us to offer our Services.

Privacy policy and user data
Chingari cares about your privacy. You can access our Privacy Policy here.

Changes to these Terms
We may amend or update these Terms. We will provide you notice of amendments to these Terms, as appropriate, and update the “Last Modified” date at the top of these Terms. Your continued use of Chingari confirms your acceptance of these Terms, as amended. If you do not agree with or accept these Terms, as amended, you must stop using Chingari. Please review these Terms from time to time. These changes are effective immediately after they are posted on this page.

Indemnity
You agree to defend, indemnify, and hold harmless us, our parent(s), subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or the Privacy Policy or the Community Guidelines and your obligations, representation and warranties therein.

Exclusion of Warranties

The Services are provided to you on an ‘as is’ basis and we do not represent or warrant that the use of the Services will be uninterrupted, timely, secure or free from error; that any information obtained by you as a result of the use of services will be accurate.

Implied warranties as to the satisfactory quality, fitness for purpose or merchantability of these Services are hereby excluded.

Limitation of liability
We shall not be liable to you for any loss or damages or claims including but not limited to the following:

  1. Any loss of profit, opportunity or goodwill;
  2. Any loss of data;
  3. Any damage incurred as a result of your reliance on any advertisement appearing on the Service;
  4. Any damage incurred as a result of any changes to the Service, its features and any temporary or permanent termination of our Services;
  5. Any damage incurred as a result of your failure to provide us with accurate information and your failure to keep your account details and password confidential and secure;
  6. Any damage incurred as a result of the actions of another user.

Any dispute that may arise between you and any third party arising from your use of the Services shall be only between you and a third party and you release us and our affiliates from any such claims and damages connected with such disputes.

Governing Law
The validity, construction and enforceability of these Terms and Conditions and Content Policy, Privacy Policy and Community Guidelines shall be governed and construed in accordance with the laws of India.

Dispute Resolution

Either party may refer such dispute for final resolution by arbitration under the Arbitration and Conciliation Act 1996. The Tribunal shall consist of three (3) arbitrators. Each party shall appoint 1 (one) arbitrator and the two arbitrators shall appoint the third arbitrator. The arbitration proceedings shall be held at Bangalore, Karnataka, India. The language to be used in the arbitral proceedings shall be English.

Subject to the above, the Courts at Bangalore shall have exclusive jurisdiction.

Severability
If any provision of this Agreement is invalid or unenforceable or prohibited by law, it shall be treated for all purposes as severed from this Agreement and ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof, which shall continue to be valid and binding.

Grievance Redressal

If you wish to complain about our Services / the use of our services by others, please contact our Resident Grievance Officer, whose details are below:
Name: Mr, Deepak Salvi
Designation: Chief Operating Officer
Email ID: grievanceofficer@chingari.io
Phone number: +919321498897

We will endeavour to redress the complaint within one month from the date of receipt of the complaint.

For claims related to copyright infringement, please see our report copyright infringement page at Copyright.

Details under Rule 4(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 of content removed under the grievance redressal mechanism are available here.

Contact Us
If you have any questions or suggestions, do not hesitate to contact us at help@chingari.io.

You can also address any communication to us at our office located at 704, esteem splendor 2, opp adugodi police stn, hosur road, bangalore 560029.

The details of our Chief Compliance Officer for compliance with the Information Technology, 2000 and the Rules made thereunder are below:
Name: Aditya Kothari
Designation: Chief Strategy Officer
Email ID: aditya@chingari.io

The details of our Nodal Contact Person for coordination with law enforcement agencies and officers are below:
Name: Biswatma Nayak
Designation: Head of Engineering
Email ID: biswatma@chingari.io