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Terms & Conditions
Happie Life: News Portal Terms of Service
Last updated: Saturday, Jan 18, 2020
1. Conditions
Happie Life provides its service to you, subject to the following Service Terms, which may be updated by us from time to time without any notice to you. While using Happie Life services, you agree to the following terms. Further, you agree to review our terms of service at least once a month to ensure that you are in compliance with any modifications. Happie Life makes no guarantee about system uptime; however, we strive to maintain 99% uptime.
2. Services
2.1 Happie Life will use reasonable efforts to supply a continuous service. However, Happie Life is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. Happie Life is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that Happie Life is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. Happie Life is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of applicable laws.
2.3 Happie Life customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.
2.4 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services.
2.5 We are under no obligation to include all news articles contributed by our customers. We reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
2.6 The Customer agrees to fully and effectively indemnify Happie Life against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Happie Life in consequence of the Customers breach or non-observance of this Clause.
2.7 Happie Life reserves the right to disable/delete any feature or application without notification if that feature/application is found to be detrimental and/or is hampering the web server’s overall health and performance.
2.8 If you are in any way disrespectful towards any member of the Happie Life staff we have full right to terminate your account with us without any refund.
2.9 Happie Life will use reasonable efforts to protect and backup data for clients on a regular basis, however, Happie Life does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.
2.10 Any service interruptions or downtime due to scheduled maintenance by Happie Life or our network providers will not count towards the uptime guarantee. Happie Life is not liable in any way for failure of third party services.
3. Registration and Termination
To use a Service you may need to register and create an account with a username and a password. You may need to provide us with certain personal and other information. Happie Life may verify your email address before your account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify Happie Life about any misuse. You are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Happie Life may terminate your registration or restrict your access to certain parts of the Service if Happie Life reasonably believes that you have breached the Terms.
4. Commercial Advertising- Email (SPAM)/Unsolicited Commercial Email (UCE)
You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Happie Life would be the sole arbiter as to what constitutes a violation of this Clause.
5. Notices
Happie Life may post notices within the Service. Happie Life may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Happie Life sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
6. Reverse Engineering Prohibited
Unauthorized reverse engineering of the Software, whether for educational, fair use, or other reason is expressly forbidden. For the purposes of this document the term “reverse engineering” shall apply to any and all information obtained by such methods as decompiling, decrypting, trial and error, activity logging, or analysis of database design.
7. Happie Life Billing
7.1 Your charges will show on your credit card statement as Happie Life. Happie Life bills you at the beginning of each subscription period for the annual service fee or as per the plan selected by you. The annual fees will continue automatically until your Happie Life Hosting account is cancelled. All fees paid at the beginning of the subscription period are non-refundable, although there are no long term contracts and your website may be turned off at your request anytime, with no future billings, other than any potential overage charges prior to cancellation and any outstanding balances on the account.
7.2 Invoices are generated 5 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.
7.3 All currency references are in INR (Indian currency). Prices quoted for all services include all applicable taxes. We don’t store your credit card info and payments can be made using PayPal/Credit Card.
NOTE: HAPPIE LIFE RESERVES THE RIGHT TO CHANGE PRICES AS NEEDED WITHOUT FORMAL NOTICE. HAPPIE LIFE WILL ATTEMPT TO NOTIFY CUSTOMERS OF ANY SIGNIFICANT PRICE CHANGES WITH AS MUCH ADVANCED NOTICE AS POSSIBLE.
8. Security and Viruses
8.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorized access to another network or server.
8.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
8.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
8.4 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
8.5 You must adopt adequate security measures to prevent or minimize unauthorized use of your Account.
8.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
8.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
8.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. Happie Life will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
8.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services
9. Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Happie Life, are entirely responsible for all Content that you upload, post or transmit.
You agree to NOT use the Service to:
(a) Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, a Happie Life Admin, Moderator, Merchant, and Member or otherwise misrepresent your affiliation with any person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
(h) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) Intentionally or unintentionally violate any applicable local, state, national or international law.
(k) “stalk” or otherwise harass another;
(l) Collect or store personal data about other users illegally or without member agreement and/or permission.
10. Privacy Policy
Happie Life acknowledges and agrees that with respect to Customer Content Happie Life may preserve Content and/or disclose Content only if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce the TOS;
(c) Respond to claims that any Content violates the rights of third-parties;
(d) Protect the rights, property, or personal safety of Happie Life, its users and the public; and protect the rights and property of the customer, its employees, its agents, its affiliates, its members, their affiliates, users of the customer site and the public.
(e) You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
(f) Any personal information identifying any visitor to the HAPPIE LIFE Sites or Subscriber (“Personal Information”) if required, is asked for explicitly in the relevant page on the HAPPIE LIFE Sites. Personal Information is used to operate the HAPPIE LIFE Sites, and we may occasionally inform you of new features, services, and products from the Company.
(g) We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the HAPPIE LIFE Sites to relate your use of the HAPPIE LIFE Sites to information that you have specifically and knowingly provided to the HAPPIE LIFE Sites.
(h) If at any time you believe the HAPPIE LIFE Sites have not adhered to these principles, please notify us by e-mail to happielife@gmail.com and we will use all commercially reasonable efforts to promptly determine and correct the problem.
If you have questions about this policy, please e-mail us at happielife@gmail.com.
11. Feedback to HAPPIE LIFE
By submitting any ideas, feedback and/or proposals (“Feedback”) to HAPPIE LIFE through the Service or other means, you acknowledge and agree that:
(a) HAPPIE LIFE may have similar development ideas to the Feedback;
(b) Your Feedback does not contain confidential or proprietary information of you or any third party;
(c) HAPPIE LIFE is not under any obligation of confidentiality with respect to the Feedback;
(d) HAPPIE LIFE may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and
(e) You are not entitled to any compensation of any kind from HAPPIE LIFE.
12. Social Activities and Location Sharing
You may use features in the Service to share your location, status, and content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that HAPPIE LIFE may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material, or to link to any service or site containing information, Content or Material, that:
(a) Contains content or other material that is illegal or inappropriate;
(b) Exploits intellectual property rights without authorization or encourages users to piracy; or
(c) Contains sensitive personal data of others. Any interaction does not involve HAPPIE LIFE and is solely between you and the other user(s).
13. Links to Third Party Sites and Content
HAPPIE LIFE may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
HAPPIE LIFE has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that HAPPIE LIFE endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. HAPPIE LIFE is not responsible for this type of content or links.
14. Advertisements
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
15. Personal Data The Privacy Policy and any additional privacy information made available to you govern the use of your personal data.
16. Limitation of Liability
16.1 Happie Life disclaims all liabilities in connection with the following:
(a) Loss of material uploaded;
(b) Incompatibility of the Services with any of the Customer’s equipment, software or telecommunications links;
(c) Technical problems including errors or interruptions of the Services;
(d) Unsuitability, unreliability or inaccuracy of the Services;
(e) Computer viruses of any kind obtained by the Customer in the course of using the Services;
(f) Any security breaches whatsoever affecting the Customer’s Account.
16.2 In no event shall Happie Life be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
16.3 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
16.4 Happie Life will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
17. Indemnification
You agree to defend and indemnify Happie Life from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
12. Arbitration
If and when a dispute does arise between the Parties herein, the venue for arbitration shall be mutually decided among the Parties to these presents. The Terms are governed by the laws of India. The Courts at Chennai shall have exclusive jurisdiction over any dispute arising out of your use of the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAPPIE LIFE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAPPIE LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Violations
Please report any violations of the TOS to happielifeisbeautiful@gmail.com