Terms of Use
Last updated on 10 March 2024
Welcome to the Chikoo!
Eligibility
By accessing Chikoo WhatsApp, you are representing the following:
a. You are 18 years of age or older;
b. You are capable of entering into a legally binding agreement; and
c. You are not barred or otherwise legally prohibited from accessing or using the Chikoo.
If you allow anyone to use Chikoo, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with these Terms of Use. You will be responsible for all actions these individuals take in and/or through your WhatsApp. You also acknowledge that Chikoo does not have the responsibility of ensuring that You meet the aforesaid eligibility requirements.
Please read the terms and conditions carefully before accessing or using the Chikoo Services (defined below) offered through the Chikoo website, or through Chikoo WhatsApp. These terms and conditions are a legal contract ("Terms of Use") between You and Chikoo. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms of Use or do not wish to be bound by these Terms of Use, you may not use the Chikoo Services and/or immediately terminate the Services.
1. Definitions
“Chikoo”, “We”, “Us”, “Our” means Chikoo.
“You”, “Yours”, “Yourself”, “User” means any prospective user, or a user of Chikoo, including but not limited to customers and Commercial Partners.
“Chikoo WhatsApp” means mobile number 9601176011 registered on WhatsApp for providing services to the Users, and to the Commercial Partners and chats automated under such WhatsApp number.
“Chikoo Website” means https://chikoo.club or any other website hosted or registered by Chikoo.
“Chikoo Services” means and includes all services offered / to be offered by Chikoo either directly or through its Commercial Partners including but not limited to Chikoo WhatsApp.
“Commercial Partner” means any individual or entity whose discount, product, event or anything that is listed on Chikoo WhatsApp
“Terms of use” / “Terms and Conditions” are interchangeably used and mean these Terms of Service including the Supplemental Terms.
2. Your Use of Chikoo
You agree that:
a. Your use of Chikoo shall not violate any applicable law or regulation.
b. Your use of the Chikoo shall be only for personal purposes.
c. You are responsible for all activity that occurs under your WhatsApp account.
d. You are fully responsible for all activities that occur under your account. You agree to immediately notify Chikoo of any unauthorized use of your WhatsApp or any other breach of security.
e. You shall not indulge in decompiling, reverse engineering, disassembling content, or removing any intellectual property right associated with the Chikoo, including our copyright, trademarks, trade secrets, designs, patents, or other proprietary notices.
f. You shall not access or use the Chikoo in any manner that (i) may be harmful to the operation of the Chikoo or its content; (ii) may be unlawful; (iii) may be harmful to Chikoo or to any other User; (iv) may hinder the other User’s enjoyment of the Chikoo; or (v) to defraud other Users, Chikoo or any Commercial Partner.
g. You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the Chikoo or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Chikoo.
h. You shall not delete or modify any content of the Chikoo
i. Your use of the Chikoo shall indicate that you have provided consent to automatically receive updates/ marketing and promotional offers from various Commercial Partners.
3. Violation of Terms of Use / Suspicious Activity
If We believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy, we reserve the right to suspend your access to the Chikoo Services. If We have reason to believe that there is suspicious or unusual activity being carried out through your contact number, we may temporarily or permanently suspend your access to Chikoo Services. If we suspect that any feature, offer or reward promotion is being availed by You in a manner (i) that is disingenuous (for example: placing orders without intending to take delivery or intending to subsequently cancel all or substantially all of them); (ii) that it is not intended to be availed; (iii) that may result in you gaining an undue, unfair or unethical advantage over other Users or Commercial Partners; (iv) that is intended to cause losses or other harm to Commercial Partners, Chikoo reserves the right to reverse the relevant transaction, suspend the account or restrict you from using Chikoo Services in its entirety or any specific feature(s) thereof. You may reach out to the Chikoo support team to assist you with any query or question arising as a result of the aforementioned suspension/ deletion.
4. Privacy
We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you also hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the Chikoo Services may be shared with our subsidiaries, affiliates or partners, and/ or used by us for enhancing the Chikoo Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.
5. Limitation of Liability
In no event shall Chikoo, its owners, Chikoo Group Entities, their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Chikoo has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Chikoo Services.
In no event shall Chikoo’s total cumulative liability to You in connection with the Chikoo Services for all damages, losses and causes of action (whether arising under contract or otherwise), arising from or relating to Your use of the Chikoo Services or arising from these Terms of Use exceed INR 1,000 (Indian Rupees one thousand only).
6. Indemnity
You agree to defend, indemnify and hold harmless Chikoo, its owner, Chikoo Group Entities, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, causes of action, costs or debt, and expenses (including any legal fees) arising from:
a. your use of and access to the Chikoo Services;
b. your violation/breach of any of these Terms of Use;
c. your violation of any third party right, including any intellectual property right or privacy right;
d. the committing of any of the prohibited activities as stated herein;
e. your failure to be in compliance with applicable law, including tax laws and cyber security laws; or
f. any claim that your use of the Chikoo services caused damage to a third party.
7. Disputes & Arbitration
In consideration of Chikoo granting you access to and use of the Chikoo Services, you agree that in case of any dispute between You and any Commercial Partner or other User, Chikoo shall not be a party to the same. While Chikoo is not obligated to mediate or resolve disputes, Chikoo will assist Users in communicating with each other regarding a dispute. Chikoo may at its own discretion, however, without having any obligation to do so, assist in resolving the disputes between the Users and the Commercial Partners.
Except as otherwise set forth in these Terms of Use, these Terms of Use shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Chikoo Services or these Terms, including those relating to its validity, its construction or its enforceability, but excluding those provisions where it has been specified that Chikoo’s decision shall be final, (any “Dispute”) shall be, if initiated by the User, first raised by the user to vaibhav@chikoo.club.
8. Use and Protection of Intellectual Property Rights
Chikoo Website, Chikoo logos and the Chikoo Services are protected by copyright, trademarks, patents, trade secrets and/or other intellectual property laws. No information, content or material from the Chikoo including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. You are hereby given a limited licence to use the Chikoo Services, subject to your agreement of these Terms of Use.
When you upload, submit, store, send or receive content that may include feedback to or through Chikoo WhatsApp, you give Chikoo a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not expire even if it is not used by Chikoo. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Chikoo Services, and to develop new ones. This licence continues even if you stop using the Chikoo Services.
9. Governing Law and Jurisdiction
The Chikoo Services, all your transactions with the commercial partners, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that subject to the Disputes & Arbitration Clause above, all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Vadodara, Gujarat, India.
10. Assignment
You shall not transfer or assign any of Your rights and obligations arising from these Terms of Use.
11. General
No joint venture, partnership, employment or agency relationship exists between you, Chikoo, Chikoo Group Entities or any Third Party as a result of the contract contained in these Terms of Use. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, Chikoo shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use (together with any additional terms displayed in specific sections of the Chikoo Website) constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter.
12. Updation
We may amend these Terms of Use at any time by posting an updated version on the Chikoo Website. The updated version of these Terms of Use shall supersede the previous version of the Terms of Use and take effect immediately upon posting. You have the right to opt out of agreeing to these Terms of Use or any future updated version of the Terms of Use, by ceasing to use the Chikoo. However, please be aware that your continued use of the Chikoo Services from the launch of any updated Terms of Use would mean deemed acceptance of such updated Terms of Use including any modification thereof. We recommend you keep checking the Terms of Use often to be familiar with any updates and changes.
13. Contact us
If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact customer support on Chikoo’s official social media channels, or at below email id any time:
Email: vaibhav@chikoo.club
1965, Alembic City, Alembic Road,
Vadodara, Gujarat, India 390024
© 2023 by Chikoo