HOTNOT | Terms of Use

Welcome to Hotnot. These Terms of Use (or “Terms”) govern your use of HOTNOT, except where we expressly state that separate terms (and not these) apply, and provide information about the HOTNOT Service (the “Service”), outlined below. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Hotnot Platform - www.hotnot.app for mobile and handheld devices (hereinafter referred to as "Platform")

BUSINESS OF HOTNOT

HOTNOT enables transactions on its platform between participating Stores/brands/ecommerce and users, dealing in (a) uploading a product picture (b) purchase transaction and (c) other services (“platform services”). The users (“user/s”) can choose and place order (“orders”) from a variety of products and services listed and offered for sale by various “brand partners” including but not limited to stores, ecommerce and other service providers on the platform. Further, the user can also place orders for undertaking certain tasks on the platform.

HOTNOT is just a platform where the service will take place, the order will be fulfilled and delivered by the brand/store/ecommerce platform only. The service is provided pan India. Hotnot is just a platform where brand partners' products will be shown by other users. Hotnot is not in any way responsible for any delivery related issues and any for any refund policies. Hotnot is merely acting as an intermediary between the brands and users.

When you create an account with us via app or internet browser or use HOTNOT otherwise, you agree to these terms. By mere use of the website www.hotnot.app, you shall be contracting with Hotnot Private Limited, a company incorporated under Companies Act, 1956 with corporate office at T-Hub, IIIT Campus, Gachibowli, Telangana 500032, India and the branch office is at Wework, Gurugram, India.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the platform by providing data while registering on the platform as a Registered User. The term "Hotnot", "We", "Us", "Our" shall mean Hotnot Private Limited and its associated bodies.

When You use any of the services provided by Us through the Platform, including but not limited to, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as integral part of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Hotnot Policies including but not limited to Privacy Policy as amended from time to time.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF HOTNOT, SO PLEASE READ IT CAREFULLY.

Basic Terms

  1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

  2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Hotnot prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Hotnot upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

  3. You agree that you will not solicit, collect or use the login credentials of other Hotnot users.

  4. You are responsible for keeping your password secret and secure.

  5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

  6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

  7. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

  8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Hotnot.

  9. You must not access Hotnot's private API by means other than those permitted by Hotnot. Use of Hotnot's API is subject to a separate set of terms.

  10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Hotnot users.

  11. You must not use domain names or web URLs in your username without prior written consent from Hotnot.

  12. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Hotnot page is rendered or displayed in a user's browser or device.

  13. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

  14. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Hotnot terms.

  15. We require the users of our Service to follow these Terms of Use and our Policies. We can remove any content or information you post on Hotnot if we believe that it violates these Terms of Use, if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law. If we take such action to disable your account, we will notify you of this by email or when you log into your account. You may also delete your account or disable your application at any time.

General Conditions

  1. You acknowledge that we may make updates to the Hotnot Service from time to time. You can deactivate your Hotnot account by logging into the Service and completing the form. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service.

  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

  3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

  4. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property).

  5. Hotnot reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

  6. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third- party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Hotnot does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Hotnot is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Hotnot has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Hotnot Parties (defined below) harmless for activity related to the Application.

  7. You agree that you are responsible for all data charges you incur through use of the Service.

  8. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Hotnot's express consent).

User Rights and Propriety of Information

  1. You own all of the content and information that you post on Hotnot. Through your privacy and application settings, you can control how it is shared. For content which is covered by IP rights, such as photos and videos (IP content), This IP license is only for the purpose of making available the Hotnot service and ends when you delete the IP content or, if the IP content has been shared by others, when they delete the IP content (whichever is later). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.

  2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Hotnot may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

  3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

  4. The Service contains content owned or licensed by Hotnot. Hotnot Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Hotnot, Hotnot owns and retains all rights in the Hotnot Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hotnot Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Hotnot Content.

  5. The Hotnot name and logo are trademarks of Hotnot, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hotnot, except in accordance with our brand guidelines, available here:

  6. Although it is Hotnot's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Hotnot Reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Hotnot, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Hotnot Encourages you to maintain your own backup of your Content. In other words, Hotnotis is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Hotnot Will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

  7. You agree that Hotnot is not responsible for, and does not endorse, Content posted within the Service. Hotnot does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

  8. Except as otherwise described in the Service's Privacy Policy, available. any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Hotnot is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Hotnot in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Hotnot, and Hotnotwill not be liable for any use or disclosure of any Content you provide.

  9. It is Hotnot's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Hotnot does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Hotnotis free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you

Data Policy

This policy describes the information we process to support our market research relating to the HOT fashion trends, changes in the fashion industry, preferences of users including but not limited to use of products, conflict resources, environment sustainability etc .

  1. What kinds of information do we collect?

    1. Items posted by you and others

    2. Purchase data of the items

    3. Device Information

    4. Information from partners

  2. How do we use this information?

    1. Provide, personalize and improved suggestions of Products

    2. Provide measurement, analytics, and other business services

    3. Promote safety, integrity and security

    4. Communicate with you

    5. Research and innovate for social good

  3. How is this information shared?

Intellectual Property Rights

  1. We are the owners of intellectual property rights and have the exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.

  2. You recognize that HOTNOT is the registered owner of the word mark ‘HOT’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or HOTNOT or its associated companies proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at info@hotnot.app with all relevant information.

  3. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.

  4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

  5. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

  6. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Indemnification

Without limiting the scope, if anyone brings a claim, cause of action, or dispute against the HOTNOT or associated companies related to your use of Platform, your Processing of Platform Data, Your Content, or your App, name or logo, products or services, or actions in connection with Platform, you will indemnify and hold HOTNOT and associated Companies harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.

Miscellaneous

  1. Competent Person - Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and HOTNOT policies, you shall immediately discontinue its use. HOTNOT reserves the right to terminate your Membership and / or deny access to the platform if it is brought to HOTNOT notice that you are under the age of 18 years.

  2. Severability - If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

  3. Governing law and dispute resolution - These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Hyderabad, India.