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By accessing or playing Core Trials, you agree to the following:
Welcome to Ohilo ("Ohilo", the "App", or "Ohilo App", the "Website") owned and developed by Ohilo Technologies Private Limited ("Ohilo Technologies Private Limited", "we", "us", "our" or "Company"). The following Terms of Service, along with our Privacy Policy create a legal contract (the "agreement" ) between you ("you" or "your"), on one hand, and Ohilo Technologies Private Limited, with main office in the state of Rajasthan (India), in the city of Jaipur at 176, Gurunanak Pura, Adarsh Nagar, Jaipur, 302004 on the other hand, governing your use of all the content we provide through the App, ("Content"). By using or accessing the App, or subscribing to our Content, or making In-App purchases (collectively "Use Ohilo”, "Use of Ohilo" or "Using Ohilo"), you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using this App, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
If you do not agree with these terms in their entirety, then you may not continue your use of Ohilo.
By entering this agreement, you specifically agree (i) that arbitration is the exclusive dispute resolution method for all your disputes with Ohilo Technologies Private Limited; and (ii) to waive any and all of your rights to pursue or participate in a class action against Ohilo Technologies Private Limited, its affiliates, and related parties with regards to the App and/or the site.
PRIVACY
At Ohilo, we are committed to protect your privacy. We are required to process your personal data to provide you with our services. Please go through our Privacy Policy to better understand how we process and safeguard your personal data.
THIRD PARTY LINKS
Certain content, products, and services available via our App/Website may include materials using third parties. Third-party links on our App/Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third parties.
INTELLECTUAL PROPERTY RIGHTS
All content included in or made available through the App, such as songs, games, activities, stories, text, graphics, images, audio clips, music, videos and digital downloads and the trademarks, service marks, logos and button icons contained therein is the property of or licensed to Ohilo Technologies Private Limited and subject to copyright and other rights protected by Indian and international intellectual property laws.
LICENSE AND ACCESS
As a user of the App, you are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the App (and its associated Content). We may terminate this license at any time for any reason, whatsoever. You may use the App and/or Content for your own personal, non-commercial use. No part of the App and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the App, Content, or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the App, or Content except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Service. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the App and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. The license provided is solely for obtaining information about the App and/or the associated Content and to register for a subscription. Visitors of the Platform are not authorized to access any Products & Services or Content and/or data available to members.
COPYRIGHT COMPLAINTS
Ohilo respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected]
BASIC (FREE) SERVICE
A limited part of the content will be made available to the free users of the App and unlocking any additional content may require either in-app purchase or registering for subscription service.
IN-APP PURCHASES AND BILLING
By agreeing to opt for an In-App purchase, you agree to pay the required amount and are also required to agree to the terms and conditions of the specific payment method chosen to subscribe through App Store or Google Play Store or Amazon Appstore. Ohilo may change the price of any or all the packs available for In-App purchase, at its own discretion. If you do not agree to this price change, you may not make the respective In-App purchase.
BILLING DISPUTES
Apple and Google takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Apple, Google, Amazon, Stripe or to [email protected]. In your email to us, please provide your "Name" and the "Date of Charge" that you are disputing. We will evaluate the claim and issue a decision based on our discretion.
APP PERMISSIONS
When you use the Ohilo's apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
with obtaining and maintaining all phone, computer hardware, Internet access services and other equipment or services needed to access and use Ohilo. You must provide all equipment and software necessary to connect to the App and are responsible for ensuring that the foregoing do not disturb or interfere with the App's operations. If any upgrade in or to the App requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Ohilo Technologies Private Limited, any new or additional features of the App, including the release of new content, shall be subject to these Terms of Service. We are not responsible for any loss or harm caused to your equipment or hardware for any use of Ohilo, or alleged use of Ohilo.
If a User cannot access Ohilo because they fail to meet the required system requirements, then Ohilo will not take responsibility or give a refund to the User. It is the User’s responsibility to test their system for any compatibility issues prior to subscribing or registering with Ohilo.
WARRANTY DISCLAIMER
Your use of the App, Website, is solely at your own risk. The App, Website and the associated content are provided “As Is” and “As Available” without warranty of any kind by the Company or its affiliates. To the maximum extent allowed by applicable law, the Company and its affiliates, expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the Ohilo App and Website will meet your requirements or that your access to the same will be uninterrupted, timely, secure, or error-free. Neither Ohilo Apps nor its affiliates, warrant, guarantee or make any representations regarding the use or the results of the use of the Ohilo App with respect to performance, accuracy, reliability, security capability, correctness or otherwise.
The Company uses reasonable efforts to ensure that information about any of the content on the Ohilo App is correct. However, the Company cannot guarantee the accuracy of such information and will not be liable for any errors, omissions, or other deficiencies.
Because some jurisdictions do not allow certain warranties to be disclaimed, the above disclaimer may not apply in full to you. To the extent that in a particular circumstance any disclaimer set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the company and/or its affiliates shall be entitled to the maximum disclaimer available at law or in equity by such applicable law in such particular circumstance.
LIMITATION OF LIABILITY
You acknowledge that you, or anyone else using the Ohilo App will use it at your/his/her own risk of property and personal injury, whether such injury is foreseeable or not, including, but not limited to, seizures, vision problems, or other symptoms related to the use of Ohilo. In fact, you acknowledge that the use of the media and contents we provide may result in personal injury, including, but not limited to, seizures or vision problems, and that you, and anyone else using the App from your device, is fit for such use.
In no event shall we be liable to you or any third party, whether in contract, tort (including negligence), strict liability, indemnification or otherwise, for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with your use of the Ohilo App, in any manner, foreseeable or otherwise. Also, we shall not be liable for your or one's inability to access the Ohilo App, nor shall we be liable to you or any third party as to any virus or malicious code on your or their devices allegedly resulting from the use of Ohilo App; even if Ohilo Apps and/or its affiliates have been advised of the possibility of such damages.
The total cumulative liability of Ohilo Apps, its affiliates and/or third party suppliers to you or to any third parties, from all causes of action and under all theories of liability will be limited to and will not exceed the greater of the fees you paid to pursuant to this agreement over the twelve (12) months preceding the incident giving rise to such liability. Because some jurisdictions do not allow certain limitations of liability, portions of the above limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the Company and/or its affiliates, shall be entitled to the maximum limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance.
INDEMNIFICATION
You agree that you shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, "Affiliates") and other users of the Ohilo App from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of or related to: (i) any breach or violation by you of these Terms of Service or the Privacy Policy or any applicable law; (ii) your access or Use of Ohilo App; (iii) any third party's access or Use of Ohilo App; and (iv) your use of any of the Ohilo Content.
GOVERNING LAW
These Terms of Use will be interpreted and construed in accordance with the laws of Republic of India without reference to its rules of conflicts of law.
DISPUTES
The Company and you agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between you and us concerning the Ohilo App and Website and the associated Content or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
In the event of a Dispute, You must send a notice of Dispute to the Company, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to Ohilo Apps Private Limited, Attention: Legal/Arbitration Notice. We will send any notice of Dispute to you at the contact information we have for you.
Any Disputes arising out of the Terms of Use or from use of Ohilo App or Website and the associated Content not settled by mutual agreement of the parties involved within fifteen (15) days after a party is provided written notice for settlement thereof shall be referred to arbitration of sole arbitrator jointly, appointed by the parties under the Indian Arbitration and Conciliation Act of 1996. The arbitration proceeding shall be conducted in Jaipur, India and shall be governed by and constructed in accordance with the laws of India. The language of the arbitration shall be English. The costs and expenses of the arbitration shall be borne as decided pursuant to the award.
Severability: If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival: The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
Waiver: No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by the Company without restriction.
Force Majeure: The Company’s performance of its obligations under this Contract will be suspended for so long as the Company is prevented from doing so by an Event of Force Majeure. "Event of Force Majeure" shall mean such events or circumstances, which are beyond the control of the Company and which events could not have been reasonably foreseen or anticipated by the Company upon the exercise of due care and diligence, including but not limited to Ohilo App or Website’s operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting the Company), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of Ohilo App beyond the Company’s control.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
AMENDMENT
Ohilo Technologies Private Limited reserves the right, at any time and from time to time, to amend, supplement or modify the terms of these Terms of Service. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Your continued use of the App after the changes become effective signifies your agreement to be bound by such modified Terms of Service. If you do not agree with the changes in the Terms of Service, your only recourse is stop using the App.
CONTACT
Ohilo Technologies Private Limited Email: [email protected]
LAST UPDATED - February 23, 2024
Ohilo (the “Company”, “We”, “Us”, “Our” or “Ohilo”) are committed to protecting your Personal Data and supporting the right to your privacy. This Privacy Policy (“Policy”) explains what and how Personal Data is collected, and further processed by us, the sources (if any) of Personal Data and to whom the Personal Data is disclosed.
Following are the various sections of the Privacy Policy. To understand in detail how we process and protect your Personal Data, please go through each of the sections below:
1. What Data is collected?
2. Processing Children’s Data
3. Children under the age of 13 years old
4. Why do We use your Data?
5. How do We protect your Data?
6. Disclosure of your Data
7. Retention of your Data
8. The rights of Users
9. Contact Us
10. Updates to the Privacy Policy
1. What Data is collected?
Ohilo and Our games may collect the following personal information: Location(Country) and anonymized user id.
Children’s non-Personal Information collected by Ohilo and Our games may include the following technical information: type of operation system (e.g. Android, iOS, etc.), operation system version, and data on UI/UX including button presses, screen transitions, etc. For example, we collect data such as time taken in one screen, the sequence of button presses and time taken in in-game events.
Our games require the usage of devices’ cameras for the gameplay.
2. Processing Children’s Data
The apps do not capture any identifiable Personal Data of children. The camera usage is limited to the device only and we do not send the video stream, or any part of it, outside the device.
Parents may review the personal information about their child collected by this Application - if any - outlined in the rest of this policy, ask for its deletion and request any further collection or use to be omitted by contacting Us at “[email protected]”.
3. Children under the age of 13 years old
Ohilo is committed to protecting the privacy of children who use our sites and applications. This online child privacy policy explains our parental consent, information gathering, and disclosure practices provided by children under 13 (“child” or “children”) and uses terms set out in our general privacy policy.
We believe Children need particular protection when you are collecting and processing their personal data because they may be less aware of the risks involved.
This Privacy Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 (“child” or “children”). This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”), the California OnLine Privacy Protection Act (CalOPPA) and outlines our practices in the United States, Latin America and Europe (GDPR) regarding children’s personal information.
We are available to clarify any doubt through at “[email protected]”.
4. Why do We use your Data?
We shall use your Data for the below purposes:
To monitor, analyse and describe usage patterns and performance of the service, including aggregate metrics such as the total number of visitors and traffic.
To improve Our services, including testing, research, internal analytics and product development;
To notify you about changes to Our Website and its services;
To comply with legal requirements, and to protect Our legal rights or the rights of others.
5. How do We protect your Data?
We endeavour, where practicable, to process your Personal Data in a safe environment by preventing any unauthorised or unlawful processing of Personal Data or accidental loss or destruction of, or damage to such information. We have implemented various physical, technical and administrative security measures to protect your Personal Data and Our network from unauthorised access.
Some of these measures include:
encryption in transit or at rest;
strict adherence to privacy and security practices;
restriction of access to Personal Data to personnel who have a need to know such Data.
6. Disclosure of your Data
In some cases, we may disclose your Personal Data to external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, and communications agencies). We shall ensure that all such disclosures shall be in accordance with applicable privacy laws (such as executing Data Processing Agreements).
In some circumstances, Personal Data may also be transferred outside the country of your residence. Such transfers shall be in accordance with applicable privacy laws via the implementation of appropriate safeguards (such as Data Transfer Agreements).
It should be noted that these external parties are not used for the behavioural tracking of children.
For further information on Our appointed external parties, please go through the below details:
Analytics & Measurement
The external parties in this section enable Us to monitor and analyse web traffic and can be used to keep track of User behaviour.
Unity Analytics - Unity Analytics, provided by Unity, is used to collect insights about the UI/UX data in Our games such as time taken, button clicks, scene transitions and in game events.
Personal Data Collected: User Location(Country), Anonymised User ID
7. Retention of your Data
We shall retain your Personal Data for as long as it is necessary for the purpose(s) it was collected for. We may also retain and use your Personal Data for a longer period as permitted or required by law, to comply with Our legal, tax or regulatory obligations (e.g. audit and accounting requirements), handle disputes, and exercise or defend claims. We shall determine the retention period for your Personal Data on the basis of local law requirements and business requirements, post which we shall take measures to securely dispose of your Personal Data.
8. The rights of Users
We respect your rights and privacy by taking steps to ensure that your Personal Data is accurate and up to date.
We assure you that:
you have the right to know what Personal Data we have about you;
you have the right to request a copy of your Personal Data;
you have the right to rectify your Personal Data to ensure it is accurate, complete and up to date;
you have the right to withdraw your consent from Our processing of your Personal Data;
you have the right to prevent the processing of your Personal Data related to direct marketing activities.
How to exercise these rights?
Any requests to exercise your rights can be directed to Our Privacy Team at “[email protected]”
How to delete your account?
In the event that the User wants to delete their account, they can reach out to Our Privacy Team at “[email protected]”.
If you are not satisfied with the way we have handled your request or you would like to make a complaint about the way we process your personal data, you can contact the relevant Data Protection Authority (DPA). Please contact us at [email protected] to find out more.
How and when are we expected to handle your request?
We will confirm receipt of your verifiable request within 30 days and provide information about how we will process your request. We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfil your request.
We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee or refuse to act on the request. In either case, we will communicate Our choices and explain the reasons behind them.
9. Contact Us
Postal Address:
Ohilo Technologies Private Limited
176, Gurunanak Pura,
Adarsh Nagar,
Jaipur, Rajasthan 302004, India
Contact number: ++91-8826540316
Email Address: [email protected]
10. Updates to the Privacy Policy
We reserve the right to amend, modify, vary or update this Privacy Policy, at Our sole discretion from time to time, as and when the need arises. The most recently published Privacy Policy shall prevail over any of its previous versions. You are encouraged to check this Privacy Policy from time to time to stay informed of any changes. Should the changes affect processing activities performed on the basis of the User’s consent, we shall collect new consent from the User, where required.
This policy was last updated on 13 June 2024
Terms of Service
Ohilo Terms of ServiceWelcome to Ohilo ("Ohilo", the "App", or "Ohilo App", the "Website") owned and developed by Ohilo Technologies Private Limited ("Ohilo Technologies Private Limited", "we", "us", "our" or "Company"). The following Terms of Service, along with our Privacy Policy create a legal contract (the "agreement" ) between you ("you" or "your"), on one hand, and Ohilo Technologies Private Limited, with main office in the state of Rajasthan (India), in the city of Jaipur at 176, Gurunanak Pura, Adarsh Nagar, Jaipur, 302004 on the other hand, governing your use of all the content we provide through the App, ("Content"). By using or accessing the App, or subscribing to our Content, or making In-App purchases (collectively "Use Ohilo”, "Use of Ohilo" or "Using Ohilo"), you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using this App, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
If you do not agree with these terms in their entirety, then you may not continue your use of Ohilo.
By entering this agreement, you specifically agree (i) that arbitration is the exclusive dispute resolution method for all your disputes with Ohilo Technologies Private Limited; and (ii) to waive any and all of your rights to pursue or participate in a class action against Ohilo Technologies Private Limited, its affiliates, and related parties with regards to the App and/or the site.
PRIVACY
At Ohilo, we are committed to protect your privacy. We are required to process your personal data to provide you with our services. Please go through our Privacy Policy to better understand how we process and safeguard your personal data.
THIRD PARTY LINKS
Certain content, products, and services available via our App/Website may include materials using third parties. Third-party links on our App/Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third parties.
INTELLECTUAL PROPERTY RIGHTS
All content included in or made available through the App, such as songs, games, activities, stories, text, graphics, images, audio clips, music, videos and digital downloads and the trademarks, service marks, logos and button icons contained therein is the property of or licensed to Ohilo Technologies Private Limited and subject to copyright and other rights protected by Indian and international intellectual property laws.
LICENSE AND ACCESS
As a user of the App, you are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the App (and its associated Content). We may terminate this license at any time for any reason, whatsoever. You may use the App and/or Content for your own personal, non-commercial use. No part of the App and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the App, Content, or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the App, or Content except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Service. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the App and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. The license provided is solely for obtaining information about the App and/or the associated Content and to register for a subscription. Visitors of the Platform are not authorized to access any Products & Services or Content and/or data available to members.
COPYRIGHT COMPLAINTS
Ohilo respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected]
BASIC (FREE) SERVICE
A limited part of the content will be made available to the free users of the App and unlocking any additional content may require either in-app purchase or registering for subscription service.
IN-APP PURCHASES AND BILLING
By agreeing to opt for an In-App purchase, you agree to pay the required amount and are also required to agree to the terms and conditions of the specific payment method chosen to subscribe through App Store or Google Play Store or Amazon Appstore. Ohilo may change the price of any or all the packs available for In-App purchase, at its own discretion. If you do not agree to this price change, you may not make the respective In-App purchase.
BILLING DISPUTES
Apple and Google takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Apple, Google, Amazon, Stripe or to [email protected]. In your email to us, please provide your "Name" and the "Date of Charge" that you are disputing. We will evaluate the claim and issue a decision based on our discretion.
APP PERMISSIONS
When you use the Ohilo's apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
with obtaining and maintaining all phone, computer hardware, Internet access services and other equipment or services needed to access and use Ohilo. You must provide all equipment and software necessary to connect to the App and are responsible for ensuring that the foregoing do not disturb or interfere with the App's operations. If any upgrade in or to the App requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Ohilo Technologies Private Limited, any new or additional features of the App, including the release of new content, shall be subject to these Terms of Service. We are not responsible for any loss or harm caused to your equipment or hardware for any use of Ohilo, or alleged use of Ohilo.
If a User cannot access Ohilo because they fail to meet the required system requirements, then Ohilo will not take responsibility or give a refund to the User. It is the User’s responsibility to test their system for any compatibility issues prior to subscribing or registering with Ohilo.
WARRANTY DISCLAIMER
Your use of the App, Website, is solely at your own risk. The App, Website and the associated content are provided “As Is” and “As Available” without warranty of any kind by the Company or its affiliates. To the maximum extent allowed by applicable law, the Company and its affiliates, expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the Ohilo App and Website will meet your requirements or that your access to the same will be uninterrupted, timely, secure, or error-free. Neither Ohilo Apps nor its affiliates, warrant, guarantee or make any representations regarding the use or the results of the use of the Ohilo App with respect to performance, accuracy, reliability, security capability, correctness or otherwise.
The Company uses reasonable efforts to ensure that information about any of the content on the Ohilo App is correct. However, the Company cannot guarantee the accuracy of such information and will not be liable for any errors, omissions, or other deficiencies.
Because some jurisdictions do not allow certain warranties to be disclaimed, the above disclaimer may not apply in full to you. To the extent that in a particular circumstance any disclaimer set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the company and/or its affiliates shall be entitled to the maximum disclaimer available at law or in equity by such applicable law in such particular circumstance.
LIMITATION OF LIABILITY
You acknowledge that you, or anyone else using the Ohilo App will use it at your/his/her own risk of property and personal injury, whether such injury is foreseeable or not, including, but not limited to, seizures, vision problems, or other symptoms related to the use of Ohilo. In fact, you acknowledge that the use of the media and contents we provide may result in personal injury, including, but not limited to, seizures or vision problems, and that you, and anyone else using the App from your device, is fit for such use.
In no event shall we be liable to you or any third party, whether in contract, tort (including negligence), strict liability, indemnification or otherwise, for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with your use of the Ohilo App, in any manner, foreseeable or otherwise. Also, we shall not be liable for your or one's inability to access the Ohilo App, nor shall we be liable to you or any third party as to any virus or malicious code on your or their devices allegedly resulting from the use of Ohilo App; even if Ohilo Apps and/or its affiliates have been advised of the possibility of such damages.
The total cumulative liability of Ohilo Apps, its affiliates and/or third party suppliers to you or to any third parties, from all causes of action and under all theories of liability will be limited to and will not exceed the greater of the fees you paid to pursuant to this agreement over the twelve (12) months preceding the incident giving rise to such liability. Because some jurisdictions do not allow certain limitations of liability, portions of the above limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the Company and/or its affiliates, shall be entitled to the maximum limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance.
INDEMNIFICATION
You agree that you shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, "Affiliates") and other users of the Ohilo App from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of or related to: (i) any breach or violation by you of these Terms of Service or the Privacy Policy or any applicable law; (ii) your access or Use of Ohilo App; (iii) any third party's access or Use of Ohilo App; and (iv) your use of any of the Ohilo Content.
GOVERNING LAW
These Terms of Use will be interpreted and construed in accordance with the laws of Republic of India without reference to its rules of conflicts of law.
DISPUTES
The Company and you agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between you and us concerning the Ohilo App and Website and the associated Content or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
In the event of a Dispute, You must send a notice of Dispute to the Company, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to Ohilo Apps Private Limited, Attention: Legal/Arbitration Notice. We will send any notice of Dispute to you at the contact information we have for you.
Any Disputes arising out of the Terms of Use or from use of Ohilo App or Website and the associated Content not settled by mutual agreement of the parties involved within fifteen (15) days after a party is provided written notice for settlement thereof shall be referred to arbitration of sole arbitrator jointly, appointed by the parties under the Indian Arbitration and Conciliation Act of 1996. The arbitration proceeding shall be conducted in Jaipur, India and shall be governed by and constructed in accordance with the laws of India. The language of the arbitration shall be English. The costs and expenses of the arbitration shall be borne as decided pursuant to the award.
Severability: If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival: The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
Waiver: No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by the Company without restriction.
Force Majeure: The Company’s performance of its obligations under this Contract will be suspended for so long as the Company is prevented from doing so by an Event of Force Majeure. "Event of Force Majeure" shall mean such events or circumstances, which are beyond the control of the Company and which events could not have been reasonably foreseen or anticipated by the Company upon the exercise of due care and diligence, including but not limited to Ohilo App or Website’s operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting the Company), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of Ohilo App beyond the Company’s control.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
AMENDMENT
Ohilo Technologies Private Limited reserves the right, at any time and from time to time, to amend, supplement or modify the terms of these Terms of Service. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Your continued use of the App after the changes become effective signifies your agreement to be bound by such modified Terms of Service. If you do not agree with the changes in the Terms of Service, your only recourse is stop using the App.
CONTACT
Ohilo Technologies Private Limited Email: [email protected]
LAST UPDATED - February 23, 2024
Privacy Policy
Privacy Policy of OhiloOhilo (the “Company”, “We”, “Us”, “Our” or “Ohilo”) are committed to protecting your Personal Data and supporting the right to your privacy. This Privacy Policy (“Policy”) explains what and how Personal Data is collected, and further processed by us, the sources (if any) of Personal Data and to whom the Personal Data is disclosed.
Following are the various sections of the Privacy Policy. To understand in detail how we process and protect your Personal Data, please go through each of the sections below:
1. What Data is collected?
2. Processing Children’s Data
3. Children under the age of 13 years old
4. Why do We use your Data?
5. How do We protect your Data?
6. Disclosure of your Data
7. Retention of your Data
8. The rights of Users
9. Contact Us
10. Updates to the Privacy Policy
1. What Data is collected?
Ohilo and Our games may collect the following personal information: Location(Country) and anonymized user id.
Children’s non-Personal Information collected by Ohilo and Our games may include the following technical information: type of operation system (e.g. Android, iOS, etc.), operation system version, and data on UI/UX including button presses, screen transitions, etc. For example, we collect data such as time taken in one screen, the sequence of button presses and time taken in in-game events.
Our games require the usage of devices’ cameras for the gameplay.
2. Processing Children’s Data
The apps do not capture any identifiable Personal Data of children. The camera usage is limited to the device only and we do not send the video stream, or any part of it, outside the device.
Parents may review the personal information about their child collected by this Application - if any - outlined in the rest of this policy, ask for its deletion and request any further collection or use to be omitted by contacting Us at “[email protected]”.
3. Children under the age of 13 years old
Ohilo is committed to protecting the privacy of children who use our sites and applications. This online child privacy policy explains our parental consent, information gathering, and disclosure practices provided by children under 13 (“child” or “children”) and uses terms set out in our general privacy policy.
We believe Children need particular protection when you are collecting and processing their personal data because they may be less aware of the risks involved.
This Privacy Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 (“child” or “children”). This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”), the California OnLine Privacy Protection Act (CalOPPA) and outlines our practices in the United States, Latin America and Europe (GDPR) regarding children’s personal information.
We are available to clarify any doubt through at “[email protected]”.
4. Why do We use your Data?
We shall use your Data for the below purposes:
To monitor, analyse and describe usage patterns and performance of the service, including aggregate metrics such as the total number of visitors and traffic.
To improve Our services, including testing, research, internal analytics and product development;
To notify you about changes to Our Website and its services;
To comply with legal requirements, and to protect Our legal rights or the rights of others.
5. How do We protect your Data?
We endeavour, where practicable, to process your Personal Data in a safe environment by preventing any unauthorised or unlawful processing of Personal Data or accidental loss or destruction of, or damage to such information. We have implemented various physical, technical and administrative security measures to protect your Personal Data and Our network from unauthorised access.
Some of these measures include:
encryption in transit or at rest;
strict adherence to privacy and security practices;
restriction of access to Personal Data to personnel who have a need to know such Data.
6. Disclosure of your Data
In some cases, we may disclose your Personal Data to external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, and communications agencies). We shall ensure that all such disclosures shall be in accordance with applicable privacy laws (such as executing Data Processing Agreements).
In some circumstances, Personal Data may also be transferred outside the country of your residence. Such transfers shall be in accordance with applicable privacy laws via the implementation of appropriate safeguards (such as Data Transfer Agreements).
It should be noted that these external parties are not used for the behavioural tracking of children.
For further information on Our appointed external parties, please go through the below details:
Analytics & Measurement
The external parties in this section enable Us to monitor and analyse web traffic and can be used to keep track of User behaviour.
Unity Analytics - Unity Analytics, provided by Unity, is used to collect insights about the UI/UX data in Our games such as time taken, button clicks, scene transitions and in game events.
Personal Data Collected: User Location(Country), Anonymised User ID
7. Retention of your Data
We shall retain your Personal Data for as long as it is necessary for the purpose(s) it was collected for. We may also retain and use your Personal Data for a longer period as permitted or required by law, to comply with Our legal, tax or regulatory obligations (e.g. audit and accounting requirements), handle disputes, and exercise or defend claims. We shall determine the retention period for your Personal Data on the basis of local law requirements and business requirements, post which we shall take measures to securely dispose of your Personal Data.
8. The rights of Users
We respect your rights and privacy by taking steps to ensure that your Personal Data is accurate and up to date.
We assure you that:
you have the right to know what Personal Data we have about you;
you have the right to request a copy of your Personal Data;
you have the right to rectify your Personal Data to ensure it is accurate, complete and up to date;
you have the right to withdraw your consent from Our processing of your Personal Data;
you have the right to prevent the processing of your Personal Data related to direct marketing activities.
How to exercise these rights?
Any requests to exercise your rights can be directed to Our Privacy Team at “[email protected]”
How to delete your account?
In the event that the User wants to delete their account, they can reach out to Our Privacy Team at “[email protected]”.
If you are not satisfied with the way we have handled your request or you would like to make a complaint about the way we process your personal data, you can contact the relevant Data Protection Authority (DPA). Please contact us at [email protected] to find out more.
How and when are we expected to handle your request?
We will confirm receipt of your verifiable request within 30 days and provide information about how we will process your request. We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfil your request.
We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee or refuse to act on the request. In either case, we will communicate Our choices and explain the reasons behind them.
9. Contact Us
Postal Address:
Ohilo Technologies Private Limited
176, Gurunanak Pura,
Adarsh Nagar,
Jaipur, Rajasthan 302004, India
Contact number: ++91-8826540316
Email Address: [email protected]
10. Updates to the Privacy Policy
We reserve the right to amend, modify, vary or update this Privacy Policy, at Our sole discretion from time to time, as and when the need arises. The most recently published Privacy Policy shall prevail over any of its previous versions. You are encouraged to check this Privacy Policy from time to time to stay informed of any changes. Should the changes affect processing activities performed on the basis of the User’s consent, we shall collect new consent from the User, where required.
This policy was last updated on 13 June 2024