"Terms of Use"

The following "Terms of Use" describes the terms and conditions on which HOTCHPOT offers users access to the HOTCHPOT Platform (i.e., mobile application) for facilitating physical book sharing between the lender and the borrower.

Please read these "Terms of Use" carefully before using HOTCHPOT's Platform for book sharing. If you do not agree to be bound by the terms and conditions of this agreement, do not create an account with HOTCHPOT or use or access HOTCHPOT's Platform.

About HOTCHPOT

HOTCHPOT is #1 subscription based Book sharing mobile app that connects users (Borrowers and Lenders) to share books and help create a vast public library of physical books. Primarily, the intention and objective of the HOTCHPOT is as summarized herein below:

  • Book sharing helps the users to put idle resources to use and address the issue of affordability and accessibility of books
  • Book sharing also helps users to get access to vast and diverse collection of books at no cost to users
  • By enabling book sharing, HOTCHPOT intends to develop reading culture among youth, kids and citizens of all age groups and create a socio economic impact. Operation of HOTCHPOT The HOTCHPOT operates through its mobile application platform and facilitates book sharing between the Lender and the borrower of the book. Please note that the activity of the book owner i.e., sharing his/her book does not constitute any binding contract between the Lender and the borrower for the provision of selling/renting of book or related services. Accordingly, sharing of books and the points earned by the Lender should not be treated as a consideration paid for any agreement/contract between Lender, borrower or HOTCHPOT. The primary objective of the users on the HOTCHPOT platform is to share the books among users in an efficient manner. HOTCHPOT offers a platform for facilitating book sharing between lenders and borrowers, jointly, its "Users") and your authority to use the HOTCHPOT Platform provided by HOTCHPOT's mobile applications (individually, an "Application" and collectively, HOTCHPOT's "Applications"), are conditioned on your agreeing to these "Terms of Use" in all respects. By using HOTCHPOT's Platform for book sharing, whether as a lender or borrower, you acknowledge and agree that these "Terms of Use" between you ("You," "Your," or "Yourself") and HOTCHPOT ("HOTCHPOT," "We," "Us," or "Our") and you hereby expressly acknowledge and agree to be bound by the terms and conditions of this "Terms of Use" and any future amendments and additions to this "Terms of Use" as published from time to time by HOTCHPOT on its web site (hotchpot.in) or through the platform. By using HOTCHPOT Platform, regardless of the Application by which you access HOTCHPOT's Platform, you acknowledge that HOTCHPOT is providing you with a revocable license, and is not selling the application and not providing services for selling/renting of books for monetary value in any manner whatsoever. HOTCHPOT offers information and a method to share books among users, but does not itself sell/rent books in any way. HOTCHPOT accepts no responsibility or liability for any services provided by or to any user and expressly disclaims any liability with regard to any user's claims against HOTCHPOT in connection with such user's use of the HOTCHPOT Platform, Applications and/or services. By creating an account with HOTCHPOT and using HOTCHPOT Platform for book sharing, you agree that you are engaged in lending and borrowing of books at your own risk. REPRESENTATIONS AND WARRANTIES OF USER By using any of the Applications on HOTCHPOT's Platform, you expressly represent and warrant that you are legally entitled to accept this "Terms of Use". If you reside in a jurisdiction that restricts the use of the Platform because of age, or restricts the ability to accept "Terms of Use" such as this one due to age, you must abide by such age limits and you must not use the Applications and/or Platform. Without limiting the foregoing, the Applications are not available to an individual under the age of 18 under any circumstances, unless such use is incidental to the use of the Platform by a person aged 18 or older (for example, a person aged 10 accompanied by a User who is 19 years old).
  • By using the Applications or Platform, you represent and warrant that you are at least 18 years old. By using the Application or the Platform, you represent and warrant that you have the right, authority and capacity to accept this "Terms of Use" and to abide by it.
  • Your participation in using the Platform and/or any of the Applications is for your sole, personal use and those over whom you exercise guardianship or parental authority. You may not authorize others to use your user account with HOTCHPOT and you may not assign or otherwise transfer your user account to any other person or entity.
  • When using the Application, you agree to comply with all laws applicable in the jurisdiction(s) in which you are using the Application.
  • You may only access the Application using authorized methods. It is your responsibility to ensure that you are using the most recent version of the Application and the correct Application for your device. HOTCHPOT is not liable if you do not have a compatible mobile device handset or if you have downloaded an incompatible version of the Application for your mobile device.
  • HOTCHPOT reserves the right to terminate these "Terms of Use" and your ability to use the Platform should you be using the Platform or Applications with an incompatible or unauthorized device or for a purpose that is not permitted pursuant to these "Terms of Use".
  • By using the Application and/or the Platform, you accept that you will only use the Platform and/or Application for lawful purposes.
  • You will not impair the proper operation of the book sharing activity as HOTCHPOT sees fit.
  • You are relying on the "Terms of Use" of HOTCHPOT and acknowledges that you are solely liable for availing the book sharing and understands and agree to make your own informed decision.
  • You will not try to impede or disable the Platform or Application in any way.
  • You will not copy, or distribute the Application or other content published by HOTCHPOT without HOTCHPOT's written permission.
  • You will only use the Application and Platform for your own use and will not resell it to a third party.
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Platform.
  • You are aware that when communicating with other users by SMS, standard- messaging charges will apply. LICENSES GRANTED BY HOTCHPOT TO HOTCHPOT's WEB SITE, APPLICATIONS, OTHER CONTENT CREATED BY HOTCHPOT AND TO CONTENT CREATED BY USERS OF HOTCHPOT's SERVICES Subject to your compliance of the "Terms of Use" HOTCHPOT grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any HOTCHPOT content solely for your personal and non-commercial purposes; and (ii) to view any User Content (defined below) to which you are permitted access solely for your personal and non-commercial purposes. HOTCHPOT does not permit you to sublicense the license rights granted to you. By creating an account with HOTCHPOT, and using HOTCHPOT's Platform, you agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, Applications or the content of any part of HOTCHPOT's website and/or Applications, whether created by HOTCHPOT ("HOTCHPOT's Content") or HOTCHPOT's Users ("User Content", together with HOTCHPOT's content, the "Platform Content"), except as expressly permitted in this "Terms of Use". No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HOTCHPOT or its licensee and licensors, except for the licenses and rights expressly granted in this "Terms of Use". LICENSE GRANTED TO USERS HOTCHPOT may, in our sole discretion, permit Users to post, upload, publish, submit or transmit a variety of information for purposes of HOTCHPOT and/or other Users of its Platform (collectively, the "User Content"). By submitting any content to HOTCHPOT that you create, and by making available to you any User Content that other Users may create, regardless of the means of its being available to you, you hereby grant to HOTCHPOT a worldwide, irrevocable, perpetual, non- exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Platform or Application or in any other non-Service of non-Application medium. HOTCHPOT shall not claim any ownership rights in any User Content except as otherwise provided herein, and nothing in this "Terms of Use" will be deemed to restrict any rights that you may have to use and exploit any User Content that you create or is otherwise explicitly licensed to you. You may not, however, use any User Content that you do not create, except as otherwise authorized in this "Terms of Use". You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform or Applications. Further, with respect to any User Content that you post on the HOTCHPOT Platform, regardless of the medium, you represent and warrant and agree that you shall not post content that HOTCHPOT, in its sole discretion, deems to be offensive, defamatory, and/or discriminatory on the basis of race, nationality, gender, age, citizenship, sexual orientation or identification, religion, or any other classification that is deemed a "protected class" pursuant to the laws of the India and any states in which HOTCHPOT services are provided. HOTCHPOT reserves the right to modify or delete any User Content posted on the HOTCHPOT Platform that HOTCHPOT, in its sole discretion, deems in violation of these "Terms of Use" and you expressly waive any claim for damages of any sort should you create User Content that HOTCHPOT deems inappropriate or otherwise merits modification or deletion from the HOTCHPOT Platform. Should you post or create any User Content that violates the "Terms of Use", HOTCHPOT may, but it is not obligated to, terminate your account with HOTCHPOT, and that you shall not be entitled to any remuneration or compensation for such termination should it occur. Notwithstanding anything contained herein to the contrary, you agree that HOTCHPOT shall be under no obligation to moderate any user forum or monitor any User Content and that HOTCHPOT has no obligation to delete or otherwise oversee any User Content regardless of who may have created it. The opinions expressed in any User Content on the HOTCHPOT Platform do not necessarily represent the opinions of HOTCHPOT and/or its affiliates and no representation is made as to the accuracy or suitability of any User Content.

SUBSCRIPTION POLICY:

HOTCHPOT is a subscription based application. Users are required to subscribe/renew to any of the prevailing subscription plans to continue using the application. Subscription renewal is required from time to time as per the subscription plan availed.

Signup on HOTCHPOT platform/application does not necessarily subscribe the user to any of the subscription plans on HOTCHPOT. Any unsubscribed user can sign in and browse the application in read only mode. Users are not permitted to borrow and/or lend books unless they are actively subscribed on the HOTCHPOT platform/application

Subscription fees are to be paid in rupees via the payment options provided in the application. Subscription fee is non-refundable and not transferable under any circumstances. Subscription once availed cannot be cancelled through the app. A user must write an email to HOTCHPOT to request cancellation or make the account dormant as required. In any case, there shall be no refund of the subscription fees paid earlier.

Promotional subscription offers if any shall be communicated from time to time. Users are expected to note the validity of the subscription offered under the promotional offers from time to time.

TERMS OF TERMINATION

HOTCHPOT has the right to make your account blocked/dormant for any or no reason, without explanation as HOTCHPOT sees fit. Upon such action, you will not be able to access the Application. HOTCHPOT may retain the data as required by law or for other business purposes as HOTCHPOT sees fit. HOTCHPOT may, in its sole discretion, bar your use of the Platform at any time, for any or no reason. Your subscription with HOTCHPOT shall be cancelled if the user is found doing unlawful activities or willfully defaulting with obligations towards other users or not obliging with any terms and conditions set forth in this "terms of use". Under such circumstances, the user shall be barred from accessing the account and would not be permitted to sign in to the application.

You shall not get refund of your subscription under any circumstances either due to termination of the account or for any other reason whatsoever You may opt out of using the HOTCHPOT Platform at any time, for any reason and HOTCHPOT will make your account dormant upon its receipt of your email Even after your account with HOTCHPOT is disabled or made inactive, the Terms and Conditions agreed by you at the time of registration will remain in effect. YOUR PERSONAL INFORMATION

Any personal information that you provide, publish or display ("post") on HOTCHPOT Application, including any information you send or permit HOTCHPOT to send to other Users, including feedback information, shall be licensed to HOTCHPOT in perpetuity. HOTCHPOT may store this information in its computers and databases as required by the data privacy laws, Government's IT law policy or any other law that requires HOTCHPOT to share a user's information for any legal purpose. By creating an account with HOTCHPOT and using HOTCHPOT's Platform, you consent to HOTCHPOT using your personal information and anything you may post as HOTCHPOT sees fit.

By creating an account with HOTCHPOT Platform, you agree to sharing your data with HOTCHPOT Platform's marketing partners and affiliates. Data sharing by HOTCHPOT Platform is subjected to the data privacy and related laws of India and sharing your data is subject to those laws.

For the purposes of this "Terms of Use" 'data' means all user data including all materials, posts, uploads, submits, information that you submit to HOTCHPOT Platform. You are solely responsible for the information you provide and your interactions with other Users, and you acknowledge that HOTCHPOT is merely a conduit for your information that you may post and share with other Users. When you use the HOTCHPOT Platform and Application you agree to provide accurate, current and complete information as requested by HOTCHPOT and other Users, as appropriate. You further agree to maintain and timely update your personal information to ensure its accuracy at all times during the "Terms of Use".

You agree that HOTCHPOT and others may rely on information that you provide to HOTCHPOT. You acknowledge that if the information you provide is not accurate, HOTCHPOT has the right to terminate this "Terms of Use" and your use of HOTCHPOT's services.

LENDER AND BORROWER REPRESENTATIONS AND WARRANTIES By using HOTCHPOT's facilitation of Book sharing, a book owner(lender) and book borrower represents, warrants and agrees that:

  • In the event of any loss, damage or non return of book by the borrower due to misuse, mishandling or for any other reason, HOTCHPOT shall not be responsible, liable and accountable for any such loss or damage.
  • Lenders may collect deposit in rupees from the borrower as deemed fit for the value of the book and the understanding between the lender and the borrower. This shall be an offline transaction and HOTCHPOT shall have no role in collecting the deposit and returning the same upon completion of transaction. HOTCHPOT shall not be responsible and liable for deduction and/or non refund of any deposit amount by the lender for any reason whatsoever.
  • Borrower is expected to handle the book with care and return the book to the lender in a timely manner.
  • Lenders shall not discriminate or harass the borrower on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.

APPLICATION LICENSE

Subject to your acceptance to these "Terms of Use", HOTCHPOT grants you a limited non- exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run the Application solely for your own personal use. Furthermore, you accept to operate any mobile Application in compliance with the terms and conditions of the owner and/or operator of the platform from which you download such Application, and use it in compliance with the terms and conditions of the maker of the mobile device on which you use the Application. HOTCHPOT reserves all rights in and to the Application not expressly granted to you under this "Terms of Use".

In connection with your use of the Application and HOTCHPOT's Platform, you accept that you shall not

(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the use of Platform or the Application in any way, except as expressly permitted in these "Terms of Use";

(ii) modify or make derivative works based upon the Platform or the Application;

(iii) create Internet "links" to the Platform or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;

(iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Platform or Application, or (c) copy any ideas, features, functions or graphics of the Platform or Application, or

(v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform or Application.

You shall not:

(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights;

(iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

(iv) interfere with or disrupt the integrity or performance of the Application or Platform or the data contained therein; or

(v) attempt to gain unauthorized access to the Application or Platform or its related systems or networks.

HOTCHPOT has and reserves the right to investigate and prosecute violations of any of the provisions of this "Terms of Use" as it sees fit and to the fullest extent of the law.

HOTCHPOT may request assistance from, and cooperate with, law enforcement authorities in investigating and prosecuting Users who violate the "Terms of Use". You acknowledge that HOTCHPOT has no obligation to monitor your access to or use of the Platform/ Application or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform and Application as it sees fit.

HOTCHPOT has the right to take all reasonable steps, as it deems appropriate, to ensure your acceptance to this "Terms of Use", or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

HOTCHPOT reserves the right, at any time and without prior notice, to remove or disable access to any User Content that HOTCHPOT, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Platform or Application or offensive to HOTCHPOT or its Users, in HOTCHPOT's sole discretion.

PROMOTIONAL CODES & ADVERTISING HOTCHPOT may, in HOTCHPOT's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the subscription and/or a Third Party Provider's services, subject to any additional terms that HOTCHPOT establishes on a per promotional code basis ("Promo Codes").

You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by HOTCHPOT;
(iii) may be disabled by HOTCHPOT at any time for any reason without liability to HOTCHPOT;
(iv) may only be used pursuant to the specific terms that HOTCHPOT establishes for such Promo Code;
(v) are not valid for cash; and
(vi) may expire prior to your use. Promotional, Cash Back or wallet points credit offered by HOTCHPOT to its users based on promotional offers can only be used for services provided by the HOTCHPOT on its application and cannot be withdrawn outside HOTCHPOT for any monetary value.

HOTCHPOT reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that HOTCHPOT determines or believes that the use or withdrawal of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. HOTCHPOT WALLET POINTS & POINTS USAGE HOTCHPOT uses wallet points as a currency to enable sharing of books between users and as a means to get unlimited free access to the books within your vicinity. These wallet points have no monetary value and cannot be redeemed for cash under any circumstances on HOTCHPOT application. HOTCHPOT shall not be liable to pay any monetary value for wallet points in the user's account HOTCHPOT wallet points can be used solely for the purpose of borrowing a book on HOTCHPOT Platform and cannot be duplicated, sold or transferred in any manner or made available to the general public (whether posted to a public form or otherwise). Wallet points once purchased or debited cannot be refunded or remitted back to the user's wallet by HOTCHPOT under any circumstances.

The transaction history of the lender and borrower is a virtual account which provides the user with access to his/ her transaction history on the HOTCHPOT application.Any user cannot utilise this ledger of transactions therein in any manner other than for viewing his/ her transaction history INTELLECTUAL PROPERTY INFRINGEMENT POLICY HOTCHPOT respects laws governing the use and protection of intellectual property and requires its users to do the same and, by creating an account with HOTCHPOT and using its services, you agree to abide by, and respect, all applicable laws regarding use and protection of intellectual property including copyright, trademark and patent laws. HOTCHPOT reserves the right to terminate the account of any User who, in HOTCHPOT's sole discretion, appear to have infringed upon HOTCHPOT's or other intellectual property rights. Any fees that the HOTCHPOT may charge to the user for subscription of the Application is governed by a separate and independent terms of agreement as mutually agreed between HOTCHPOT and the user. HOTCHPOT may, in its sole discretion, make promotional offers with different features and different subscription prices to any of HOTCHPOT's Users. The subscription amount once paid by any user is non-refundable and non transferable. CORPORATE PROMOTION OR SUGGESTION TO USERS In case HOTCHPOT is promoted or suggested by any corporate to its employees as a means book sharing, the corporate organization is not liable or responsible for fulfilling any terms and conditions for HOTCHPOT application. The corporate organization is only suggesting HOTCHPOT as a means for easy access to books. The relationship is purely between HOTCHPOT & the user. DISCLAIMER OF WARRANTIES

HOTCHPOT makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services or Application. HOTCHPOT does not represent or warrant that:

1. the use of the Platform or Application will be secure, timely, uninterrupted or error- free or operate in combination with any other hardware, application, system or data,
2. the Platform or Application will meet your specific requirements or expectations,
3. any stored data will be accurate or reliable,
4. the quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your requirements or expectations,
5. errors or defects in the services or Application will be corrected, or
6. the Platform or the server(s) that make the services available are free of viruses or other harmful components. The services and Application are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by HOTCHPOT. HOTCHPOT makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the Application. You acknowledge and agree that the entire risk arising out of your use of the Application and any third party services or products, remains solely with you, to the maximum extent permitted by law.

Internet delays

1. HOTCHPOT's facilitation services and Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.
2. HOTCHPOT is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Limitation of liability

1. In no event shall HOTCHPOT and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage).

2. HOTCHPOT and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or licensors shall not be liable for any loss, damage which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the Application, including but not limited to the use or inability to use the Application, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the Application, even if HOTCHPOT and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or licensors have been previously advised of the possibility of such damages.

3. HOTCHPOT may provide the services to you for the purposes of sharing of books between users who seek lending or borrowing of books but is not providing the books to you or any user in any manner whatsoever.

4. HOTCHPOT is not obligated to be a party to disputes or negotiations of disputes between users of HOTCHPOT's services.

5. HOTCHPOT cannot and will not play any role in managing any moneytary payments/deposit between you and another user.

6. You agree to accept full responsibility for the decisions you make regarding the services offered via the application and all responsibility and liability (with all its implications) rests solely with you whether you are a lender or a borrower of the book. You use the Application and services at your own risk.

7. Except as otherwise set forth herein, HOTCHPOT will not assess the suitability, legality or ability of other user of the services to interact with you in any way.

8. You expressly waive and release HOTCHPOT from any and all liability, claims, causes of action, or damages arising from your use of the Application or in any way related to the third parties introduced to you by the Application.

9. The quality of the book lent by the lender is entirely the responsibility of the lender. Borrower is always free to opt not to borrow the book if not meeting your requirements or expectations.

10. You understand, therefore, that by using the Application, you may be exposed to situations that are potentially offensive, harmful, unsafe or otherwise objectionable, and that you use the Application at your own risk.

NOTICE

HOTCHPOT may give notice by means of a general notice on the Platform/ Application electronic mail to your email address on record in HOTCHPOT's account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending email. You may give notice to HOTCHPOT (such notice shall be deemed given when received by HOTCHPOT) at any time by sending letter to HOTCHPOT at the following email - support@hotchpot.in

ASSIGNMENT

This Agreement may not be assigned by you without the prior written approval of HOTCHPOT but may be assigned without your consent by HOTCHPOT to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger whether voluntarily or by operation of law. Any purported assignment in violation of this section shall be void.

By accepting this "Terms of Use" and using HOTCHPOT's Application or Platform, you agree that you shall defend, indemnify and hold HOTCHPOT, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this "Terms of Use" or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including services arranged via the Platform or Application, or (c) your use or misuse of the Application or Platform.