Terms & Conditions

Before you begin using Buddy Up (“Platform”), you must read and agree to these Terms of Use ("Terms") for using the Platform, which is owned and operated by ‘Two Special Boys Private Limited’ (“Company” or "we" or "us" or “our”). By using this Platform, you agree to and shall abide by all of the Terms set forth below which shall be binding on you. By accessing the Platform or any part thereof, you are explicitly agreeing to the Terms.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. We may, in our sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. In the event you do not agree to any of the Terms mentioned herein, we advise you to stop using this Platform.

The Company allows you to access the Platform and all contents provided on this Platform including all information, software, graphics, function, and other materials are subject to the terms and conditions outlined below. By accessing or using the Platform or any part thereof, you are explicitly agreeing to the terms and conditions below. The Company reserves all rights to change, modify, update, or alter these Terms at any point of time with or without notifying you. Your continued use of the Platform means that you accept any updated terms and conditions that we come up with. If you do not wish to accept any update to these Terms and Conditions, then you shall immediately stop accessing and/or using the Platform. Please re-visit the Terms and Conditions on our Platform from time to time to stay abreast of any changes that we may introduce.

INTRODUCTION TO BUDDY UP

Buddy Up, is a social networking app that connects people with disabilities and their caregivers for friendship. The app is designed to be a safe and accessible space for people with disabilities to connect with others who share their interests and understand their experiences. The app may be accessible to Persons with disabilities (PWD) who are over 18 years, and/or their parents and guardians.

SCOPE

Your use of the Platform is governed by these Terms. The terms and conditions mentioned in this Terms may apply to the use of certain services via the Platform (“Services”).

The use of our Platform is also governed by our Privacy Policy. The Privacy Policy covers the use of cookies. The Privacy Policy is incorporated into these Terms and Conditions by reference.

Access to the Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Platform.

USER ELIGIBILITY

As per the Indian Contract Act, 1872, persons who are "competent/capable" of contracting with, shall be eligible to register as a user for the Platform. Persons who are minors are not eligible to register for our Platform. We will not be responsible for any consequence that arises as a result of misuse of any kind of our Platform or any of the Services and/or products that may occur by virtue of any person fraudulently registered for the Platform. By using the Services, you warrant that all the personal data and information provided by you is accurate and complete.

In case of persons with intellectual disability, the Platform should be accessed on their behalf by a parent/caregiver/guardian.

We reserve your right to use/access the Platform and its Services and / or refuse to provide you with access to the Services if it is discovered that you are under the age of 18 (eighteen) years.

You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria except for following due security process at time of Verification. It shall be your sole responsibility to ensure that you meet the required qualification. If you do not qualify, you are not permitted to use the Platform.

ACCOUNT SECURITY

When you create an account on the Platform you register yourself as a member ("Member") to access certain Services as per the Terms and provide us with personal data and sensitive personal data. You shall be solely responsible for keeping your account and be responsible for all the transactions and activity on your account. We assume no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent, or third-party links, or because of any disclosure made by you. You agree to strictly abide by all our mechanisms and procedures regarding security, authentication, sending, receiving, and withdrawing.

VERIFICATION

You agree to provide us with the information we request for the purpose of identity verification and KYC (Know Your Customer) at any stage that we may request for. You permit us to keep a record of such information. The information we request may include certain personal information such as your name, address, mobile number, email address, parent’s/guardian’s name, government identification number, and information regarding your bank account and debit/credit card number, or any other information which we are required to obtain as per our policies, requests from authorities or pursuant to legal & regulatory mandates. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic.

In addition to the KYC process, the first time that a user tries to log in, a One Time Password shall be sent to the registered mobile number provided while creating the account.

INTELLECTUAL PROPERTY

All the content and information provided on the Platform in any form and capable of being stored on a computer or mobile device that appears on, or forms part of, including any trademarks, information related to any Services, contact details, graphics, functions and other materials available, whether publicly posted or privately transmitted as well as all derivative works thereof; including the Platform's design structure and compilation and all content such as text, images, audio, video, scripts, code, documents, databases, all types of learning tools, facts, the mascot and the source code managed and operated by the Company ("Content"), belongs to the Company or its content partners or licensors.

The Company or its partners/licensors own all intellectual property rights (including copyright and database rights) in the Content. You agree to abide by the copyright law and all other applicable laws of India and acknowledge that the Platform and the Content in source code form remains a confidential trade secret of the Company, therefore, you agree not to modify the Platform and/or Content or attempt to decipher, decompile, disassemble or reverse engineer the Platform and/or the Content, except to the extent applicable laws specifically prohibit such restriction.

You shall not use the Platform for any unlawful purpose.

Except as indicated above, you shall not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content. Without limitation, you shall not do any of the following without prior written permission from us (and neither shall you allow a third party to do any of the same):

Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, you may not copy or distribute the posts or contents of other users of the Platform;
Violate the intellectual property or other rights of the Company, including, without limitation, (i) copying or distributing our Content or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using any of our trademark, tradename, and logos and any associated trademarks hereof in any business name, email, or URL whether managed by the Company and/or any person managing and operating the Content on any social media platform with the prior consent of the Company;
Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
Deep-link to, frame, spider, harvest or scrape the Content or otherwise copy profiles and other data from the Content or otherwise access the Content for similar purposes;
Use any machine, electronic, web-based or similar device to read or extract the Content by automated techniques; or
Use the Content in a searchable, machine-readable database.
Violate any guidelines and regulations applicable to the jurisdiction of the User while monetizing their Content.
Use the Services on behalf of any third-party or otherwise act as an intermediary between the Platform/the Company and any third parties;
Defame, harass, or violate the privacy of any individual or infringe the intellectual property rights of the Company or make derogatory statements that harm the reputation of the Platform/Company.

The Platform as well as the Content is the valuable, exclusive property of the Company, and nothing therein shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All Content is the proprietary, confidential property of the Platform and cannot be repeated for any reason outside the Platform, without our prior consent. You agree not to repeat or rebroadcast in any way any of the Content for any reason whatsoever. You agree that if you do repeat or re-post any of the Content by any means, you will be exclusively liable under criminal law and shall also be liable for actual and punitive damages as determined by the Company and additional damages to be determined by a court of law.

You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store, monetize or time-share the Platform, any part thereof, or any of the Content and related data received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the Company prior to such act. In addition, you shall not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Platform without prior written authorization.

RESTRICTIONS AND PERMISSIONS ON USE

In addition to other restrictions set forth in these Terms, you agree that:

You will not violate the Community Guidelines;
You will not place false or misleading information on the Platform;
You will not use or access any service, information, application or software available via the Platform in a manner not expressly permitted by us;
You will not host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person and to which you do not have any right;
You shall not disguise the origin of information transmitted through the Platform or disclose any information that you do not have the consent to disclose;
You will not input or upload to the Platform any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate the Platform or the Content or that infringes the intellectual property rights of another;
You will not copy, use, disclose or distribute any information obtained from the Content, whether directly or through third parties (such as search engines), without the consent of the Company;
You will not imply or state that you are affiliated with or endorsed by the Company without our express consent;
You will not use bots or other automated methods to access the Content, add or download contacts, send or redirect messages;
You will not monitor the Content availability, performance or functionality for any competitive purpose;
You will not engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Content;
You will comply with all applicable laws related to your use and access of the Platform and the Content;
You will use the Content in a professional and responsible manner;
You expressly undertake not to host, display, upload, modify, publish, transmit, update or share any information that is (i) grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, 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; (ii) harms minors in any way; (iii) impersonates another person; (iv) 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 offense or prevents investigation of any offense or is insulting any other nation; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) deceives or misleads the Platform about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) of any cognisable offence or prevents investigation of any offence or is insulting other nation; (ix). 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.

THIRD PARTY SERVICES

You acknowledge that the Platform will enable or assist you to access, interact with other third parties via third-party websites or applications links (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of the Company.

We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and are not responsible for any Third-Party Services. You use all Third-Party Services at your own risk and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party.

You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation. Additionally, your dealings with or participation in promotions and deals of advertisers and partnered brands found on our Platform, including payment and delivery of goods and services, and any other terms (such as warranties) are solely between you and such advertisers and partnered brands. You agree that the Company will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers and partnered brands.

CONTENT REVIEW

You acknowledge that, in order to ensure compliance with legal obligations and with the Terms, the Company may be required to review certain User generated Content submitted by you to the Platform. You acknowledge that such Content review may happen at two levels, one - automatically by our content filtering mechanism which can flag text content submitted by you if it violates any of the terms and conditions of this Platform or any of the applicable laws, and two - by the actions of other users who may report such content to our content moderation team who then acts upon it in accordance with the content regulation policy followed by the content moderation team. When our Content filtering mechanism detects or flags off any User generated Content, then our content moderator may modify, prevent access to, delete, or refuse to display content display such content that we believe violates the applicable laws or these terms and conditions.

Content Removal, Limitation, Suspension, and Termination of user account

We can remove any Content or information you share on the Platform or community (“User Generated Content”), if we believe that it violates these Terms or when we are permitted to do so by any applicable law. Occasionally situations arise where we may need to limit, suspend, or terminate your account. Account limitation results in a temporary or permanent loss of access to a certain specific part or parts of the Services we offer. Account suspension results in a temporary loss of access to most parts of the Services we offer. Account termination results in permanent loss of access to all Services.

We may also remove any User Generated Content when:

We receive any notification generated by any other user in respect of User Generated Content provided by you, and upon receipt of which, our content moderation team reviews and decides that it is in violation of these terms and conditions. We shall remove any User Generated Content that violates the applicable laws or any of these terms and conditions within 7 (seven) business days from the receipt of such a report;
We receive any notification generated by any other user in respect of your use of the Platform or your activity conducted on the application being malicious, abusive, harmful or offensive or violative of these terms and conditions in any manner;
We have the right to limit, suspend, or terminate your account or access to the Services that we provide if:

We have a reason to believe that you have acted in violation of these Terms or applicable laws or regulations or if we have a reason to believe that any content or material submitted or shared by you in or through the Services violates these Terms or applicable laws or regulations or third-party rights;
We suspect that you use the Services to engage in, attempt to engage in, or in connection with fraudulent activity, money laundering, terrorist financing or other crime;
We have not been able to verify your identity or we have reason to believe that you have supplied false, misleading or deceptive information in connection with your registration, identity verification, trades or any other use of our Services, either to us or to another user;
We are required to do so under any applicable law, regulation or an order issued by an authority or court;
We receive any notification generated by any other user in respect of your use of the Platform or your activity conducted on the Platform being malicious, abusive, harmful or offensive or violative of these terms and conditions in any manner, pursuant to which the content moderation team may limit or terminate your access to the Platform, without any right of appeal;
You make available content or behave in a way that defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or is offensive; and
If you use the services in a manner which may cause the Services to be interrupted or damaged in such a way that the functionality of the Services is in any way impaired or attempt to bypass or break any security mechanism of the Services or if the Company believes in good faith that such action is reasonably necessary to protect the security of its Services or its property or brand or the security, property and rights of its users or those of third parties; or
Attempt any unauthorized access to user accounts or any part or component of the Service.

We will give you a notice of any limitation, suspension, or termination of your account but we may, if it is reasonable to do so (for example we consider it advisable for security reasons), limit, suspend, or terminate your account without prior notice to you.

You acknowledge that our decision to limit, suspend, or terminate your account, may be based on confidential criteria that are essential to our risk management and security protocols and that we are under no obligation to disclose the details of our risk management and security procedures to you unless otherwise provided by the Privacy Policy. In the event that we limit, suspend or terminate your account we will lift the suspension as soon as possible once the reasons for the suspension or termination no longer exist.

VIOLATIONS

You acknowledge that non-compliance of the aforesaid obligations and/or the rules, regulations, terms, conditions, agreements and Terms applicable to the access and usage of the Platform, shall give the Company the right to immediately terminate the access or usage rights of the users to the Platform and remove non-compliant information.

In addition to the above, if the Company receives actual knowledge (directly or any through other person), it shall not host or store or publish any unlawful information which is prohibited under any law for the time being in force, including in relation to:

the interest of the sovereignty and integrity of India;
security of the state;
friendly relations with foreign states;
public order;
decency or morality;
contempt of court;
defamation; and
incitement to an offence relating to the above.

Any violation of these Terms may result in civil or criminal liability, and the Company may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any user or, if necessary, for all users to use the Platform. The Company reserves the right to terminate or remove material, information, messages, or communications that, in the Company's sole discretion, may be illegal, or that may subject the Company to liability or that may violate these Terms.

The Company may investigate any suspected or alleged violation of these Terms and cooperate with the law, law enforcement authorities and/or third parties in such an investigation.

In case of any grievance with respect to the serious nature of the content or information or posts or messages posted on the Platform, the User shall immediately inform the Company by providing complete information of the violation, as may be necessary, in relation to such content or communication link. On receipt of such a complaint by the User, we shall forward the same to the Grievance Redressal Officer (GRO), whose number has been provided in the Privacy Policy and the Terms. The GRO shall acknowledge receipt of such complaint within 24 (twenty-four) hours and dispose-off the same within 15 (fifteen) days from receipt.

LINKS

The links on this Platform may allow you to leave the Platform. Any third-party site links on this Platform are only for your convenience and the linked sites are not under the control of the Company. The Company has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The Company does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness, or reliability of, or the results of your use of or reliance upon, any information or material contained in such third-party sites. If any link is misleading or changed or removed, we are not responsible for that either. You acknowledge that you access and use such third-party sites solely at your own risk. You agree that under no circumstances will the Company be liable in any way for any information or material contained in any third-party sites linked to or from its site. The Company is not responsible for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third-party sites.

DISCLAIMERS

Usage Disclaimer:

You expressly agree that use of the Platform is at your sole risk.

The Company and/or its representatives/ agents may make improvements and/or changes in this Platform and/or the Content at any time. This Platform and the Content may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. The Company shall not be liable to you, or any third party should the Company exercise its right to modify, suspend or discontinue any or all of the Content on this Platform.

The Company and/or its respective associated entities make no representations about the suitability of the Content for any purpose. All such Content is provided "as is" without a warranty of any kind. The Company hereby disclaim all warranties and conditions with regard to these Content including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.

The Company and/or its respective associated entities shall not be responsible for any damages or losses which shall be incurred by the User who shall view the Content of the User on the Platform.

Information Disclaimer:

You acknowledge that the information provided through the Platform is compiled from sources which are beyond the control of the Company. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies or typographical errors may occur, and the Company does not warrant the accuracy of the Content. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that the Platform is provided to you on an "as is, with all faults" basis. The Company expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability, and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement.

You assume all risk of errors and/or omissions on the Platform, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy of the Platform, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information.

LIMITATION OF LIABILITY

Neither us nor any owner will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Platform, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise

The foregoing shall apply even if we were advised of the possibility of such damage. If you become dissatisfied in any way with the app or site, your sole and exclusive remedy is to stop your use of the Platform.

You hereby waive any and all claims arising out of your use of the app or site.

COMPLIANCE WITH LAW

You agree to use the Platform in strict compliance with all applicable laws, rulings, and regulations and in a manner that does not, in the sole discretion of the Company, reflect negatively on the goodwill or reputation of the Company. You agree to take no action which might cause the Company to be in breach of any laws, rulings, or regulations applicable to us.

The Company and the Platform are based in the Republic of India. The Republic of India and certain other jurisdictions control the export of products and information made available on this Platform. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or any services) to countries or persons prohibited under the laws of Republic of India or other applicable export control laws or regulations. If you access and download the Content (including any software or any services), you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or any services).

INDEMNIFICATION

You shall indemnify, defend and hold harmless the Company (including its officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed

on, incurred by or asserted as a result of or related to: (a) your access and use of the Platform (b) any non-compliance by you with the terms and conditions hereof; (c) any third party actions related to your receipt and use of the Content, whether authorized or unauthorized or (d) any loss or damages incurred by you with respect to payment made to view the Content posted by the User on the Platform.

CHANGES TO THESE TERMS

Please note that these Terms may change from time to time. We will not scale down your rights under these Terms without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Terms changes on the Platform and, if the changes are significant, we will provide a prominent notice on the Platform, as well as an email notification will be sent to you in regard to the changes being made to the Terms.

CONTACT

Questions, comments, feedback and requests regarding our Terms or the Data we hold about you are welcomed and should be sent to the email address provided.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of India. You explicitly agree that irrespective of the country you are a citizen/resident of and whether or not you are a resident of the Republic of India, you shall be bound by the laws and regulations relating to data protection of the Republic of India. You explicitly agree that only courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes arising hereunder.

GRIEVANCE OFFICER

The name and contact details of the Grievance Redressal Officer (GRO) are provided below:

Name – Gopika Kapoor

Email Address – admin@buddyup.network

Should you have any complaints or grievances regarding the App, you can notify us by writing to us on the contact details mentioned above and we shall endeavor to redress the complaints at the earliest.