Terms of Use

Last updated: 14th July 2022

These Terms of Use ("Terms") govern your use of the TakaTak (By Moj) mobile application (the "Platform") provided by [Mohalla Tech Private Limited] ("TakaTak", "Company", "we", "us" and "our"). The terms "you" and "your" refer to the user of the Platform.

MX Media and Entertainment Pte Ltd’s rights and obligations under the terms and conditions of MX Takatak have been assigned to the Mohalla Group. These Terms have been updated accordingly to reflect this understanding.

Our Services (as we have described below in detail) and these Terms are compliant with applicable Indian laws. When you use our Platform, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from India. If you wish to use our Services, please ensure that you are permitted to do so in your jurisdiction.

You are required to follow certain rules while you use our Platform. We have listed these rules in this document. Please read these Terms and all other hyperlinks mentioned here carefully. Please note that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws.

CHANGES TO TERMS AND SERVICES

Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally.

We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.

Visit this page to see any changes that we may make and services that we may add or modify, from time to time.

OUR SERVICES

We agree to provide you with our Services. The Services includes all of TakaTak’s products, features, applications, services, technologies, and software that we provide to you. The Services is made up of the following aspects (the "Services"):

Our Platform lets users of the Platform to upload or post or otherwise make available content through the Platform including, without limitation, any photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ("User Content").

When you publish any User Content on the Platform, you retain whatever ownership rights in that content you had to begin with. However, you grant us a license to use that content.

You also grant other users the right to share/ communicate such User Content for a limited private or non-commercial use alone.

Any User Content will be considered non-confidential. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or belonging to third parties, or in violation of applicable laws.

When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third party content.

If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.

You grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute any User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display User Content in any form and in any/all media or distribution methods (currently known or later developed).

To the extent it is necessary, when you appear in, create, upload, post, or send User Content, you also grant us unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from TakaTak if your data is used by us for marketing, advertising, or improving our Services.

While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms as well as for purposes as mandated by applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

You further acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.

You further acknowledge that, except as specifically permitted by us in these Terms or in any another agreement you may enter into with us, you have no right to receive any income or other consideration from any content that you publish on the Platform or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you.

If you are a composer or author of a musical work and are affiliated with a performing rights organization, then you must notify your performing rights organization of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant performing rights organization’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain consent from such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us.

Authoring a musical work (e.g., wrote a song) does not necessarily give you the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

We use the information we have, to study our Service and collaborate with third parties for research purposes in order to make our Service better and contribute to the well-being of our community.

WHO MAY USE OUR SERVICES

Our Platform helps you stay in touch with your friends and enables you to share images, videos, music, status updates, and more in your preferred regional language. We understand your preferred content and personalize your newsfeed to show you posts, pictures, videos, and suggest content available on our Platform ("Service/Services").

You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively "you" and "your" shall refer to the company.

Please ensure that you are allowed to use our services under the law.

HOW TO USE OUR SERVICES

To use our Service, you simply need to run the TakaTak (By Moj) mobile application on your mobile phone and choose the regional language in which you want to run the Services.

You can register using your mobile number or through third party services such as your Apple ID, Facebook, or your Google ID. We may add other third party services to enable registration from time to time. You can also verify yourself using a One-Time-Password sent by us via SMS to your phone number.

We also allow you to download content that is available on our Platform and share your TakaTak experience across social media platforms.

In order to provide Services to you, we need to access certain features of your mobile device.

TAKATAK (BY MOJ) SELECT

All ‘TakaTak (By Moj) Select Creators’, i.e. our partner creators, on the platform are identifiable with a black border (instead of a standard white border on their profile picture). We may enter into content licence, or marketing arrangements with such TakaTak (By Moj) Select Creators.

COMPLIANCE REQUIREMENTS

Relevant news and current affairs publishers need to provide details of their TakaTak user accounts to the Ministry of Information and Broadcasting as per applicable regulations.

SAFETY

Our aim is to foster a positive and inclusive community and provide amazing social experiences for all users. For this, we need you to agree that:

• You will not use the Services for any purpose that is fraudulent, misleading, illegal or prohibited in these Terms.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not post content that can be considered to infringe any Intellectual Property rights of any third party.
• You will not falsely represent yourself as another person or representative of another person to use our Services.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that may be considered as harmful to minors. Please refer to the TakaTak Content and Community Guidelines regarding the same.
• You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not post any content that in any way or form threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
• You will not encourage or promote any activity that violates these Terms.
• You will not circumvent any feature, action, measure, or policy implemented/ imposed by us. For example, in the event you are banned from using the Services, you will not try to circumvent any account suspension or similar measures we may take against you.

PRIVACY POLICY

TakaTak Privacy Policy explains how we collect, use, process, share and store the information collected. The Privacy Policy also details your rights under law and how you may control the data you provide to us.

We have described how we store and use this information in the TakaTak Privacy Policy.

YOUR COMMITMENTS

Providing a safe and secure Service for a diverse community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Please note that you will solely bear the costs and consequences of any actions taken by you on the TakaTak Platform (including any violation of these Terms) along with the commitments given by you below. By using our Services, you agree and acknowledge the following:

a. No False Information To Be Provided

You will not falsely represent yourself as another person or representative of another person to use our Services.

We may disable or suspend your profile or take other relevant action if you provide us with incorrect information.

b. Device Security

We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety.

While we do everything we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.

c. Content Removal and Termination

Your usage of our Platform is governed by the TakaTak Content and Community Guidelines. If any of our users report your content which violates the TakaTak Content Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the TakaTak Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at takatakgrievance@sharechat.co.

We may remove any content that is shared on our Platform if such content is prohibited under the TakaTak Content and Community Guidelines.

d. Platform Not to be Used For Anything Unlawful or Illegal

Our Platform is designed to accommodate a multiplicity of languages and cultures, as well as a diverse range of contents. To this effect, we have developed various tags to classify the nature of the content.

You must, therefore, correctly identify the nature of the content shared by you and tag it appropriately.

You shall not, however, use our Platform to share any content which is obscene,pornographic, harmful for minors, discriminatory, spreading what may be considered as hate speech, inciting any form of violence or hatred against any persons or violates any laws of India, or is barred from being shared by any laws of India. We reserve the right to remove such content. Please read the TakaTak Content and Community Guidelines for further details.

In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.

We have developed a platform for people to engage in amazing social experiences; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.

e. Content Rights and Liabilities

We strongly believe in the freedom of expression and allow you to share videos on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against the TakaTak Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights vested in such content.

By sharing/posting/uploading content using our Services, you grant us (and our Group and Affiliates) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, display, translate, or create derivative works of your content (consistent with your privacy and application settings) for purposes such as for providing, upgrading or improving the services, marketing, promoting you/ the services or for displaying your content on any service made available by us or the Group. You may delete your content and/or account at any point. This will result in your User Content also being deleted from other such variants. However, your content may continue to appear on the Platform if it has been shared with others. Moreover, we may retain your User Content and other data for a limited period so as to restore your account should you choose to reinstate your account. To learn more about how we use information, and how to control or delete your content, please read the TakaTak Privacy Policy.

You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for any consequences resulting out of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform or advertisers on the Platform.

You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but we will have a zero cost, permanent license to use what you share and post on our Platform.

f. Intermediary Status and No Liability

We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, TakaTak Privacy Policy, and TakaTak Terms of Use for accessing and using our Platform. Our role is limited to providing a platform for users to upload, share and display content,created or shared by you and other users.

We do not control what you or other people may or may not do on the Platform and are thus, not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data,or consequential, special, indirect, exemplary, punitive, or incidental damages arising to you or any other person related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the TakaTak Content and Community Guidelines.

g. You Will Not Attempt to Disrupt or Jeopardize TakaTak services

We have developed a community-driven platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we will terminate your user profile and ban you from using our services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.

You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and may report your actions to the police and/or relevant legal authorities.

PERMISSIONS YOU GIVE TO US

You accept these Terms and give us certain permissions so that we can serve you better. Permissions you grant to us are:

a. Permission to Share Your Profile Information with Third Parties

While our Platform is a freely accessible and usable platform, we need to generate revenue so that we can keep offering you our Services for free. Pursuant to this, we may share any data that we may collect including but not limited to your username,profile pictures, your usage and engagement habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement by us.

If we share any sensitive personal information (as defined under the applicable laws) we will ask you for your consent prior to sharing the same.

b. Automatic Downloads and Updates

We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the TakaTak mobile application to your mobile device and update it from time to time.

Applications and software are constantly updated for your use and you will need to install the latest version of the TakaTak mobile application to your mobile device each time such update is generated.

c. Permission to Use Cookies

We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

d. Data Retention

We shall have the right to retain certain information regarding your usage of the Platform. Please view the TakaTak Privacy Policy for further information relating to the collection, processing, storage and use of your information by us.

You grant us the right to process, store and retain information relating to you and provided by you. Please see the Privacy Policy for further information.

MOJ LIVE

Access and Use:

As part of the TakaTak (by Moj) Platform, we provide a feature which allows you to broadcast real-time videos of yourself on the Platform ("Livestream"). All the content uploaded by you using the Livestream feature must conform to these Terms of Use and is subject to the TakaTak (by Moj) Content and Community Guidelines. We reserve the right to immediately remove or suspend any Livestream and /or take other such actions that may be relevant. If any such removal/termination/suspension action has been taken against you, you may appeal the action through the in-app appeals mechanism under the ‘Violations’ page (in the Help & Support tab on the Platform) or you may write to us at takatakgrievance@sharechat.co. Please refer to the Community Guidelines and other Policies for further reference. Your followers and other users can communicate with you and comment on the Livestream broadcasted by you. We may, from time to time, add, remove, or alter the functionality of the Livestream feature. Livestream is an evolving feature on our Platform, and we may add/remove or modify the existing attributes of the Livestream feature from time to time. We do not give any assurances stating that:

1. the Livestream feature will be error-free or always available for your use.
2. all functionalities of the Livestream feature will be available at all times.
3. any content posted by other users using the Livestream feature will be accurate.

However you shall not misuse the feature to upload content that is prohibited under the TakaTak (by Moj) Community Guidelines. We also encourage you to only share content on the Livestream for which you have the necessary rights, and which is non-violative of the copyright or any other intellectual property rights belonging to third parties. It is a violation of our Content and Community Guidelines to live stream or upload content containing copyrighted music which may infringe third party intellectual property rights.

We may disable comments for Livestream hosted by underage users to ensure safety and security on the Platform.

Sponsored/Promoted content:

In addition to our Community Guidelines and other applicable laws, if you are promoting or sponsoring any content on the Livestream, please ensure the following without limitation:

1. that you notify users about any sponsored/promoted content through the TakaTak (by Moj) Application (by selecting the ‘Paid Promotion’ option available on the Livestream) or otherwise
2. you should not make any false/misleading/incorrect statements in relation to the content on the Livestream
3. you should not promote any harmful/illegal goods and/or services.
   Please refer to the ASCI Guidelines for Influencer Advertising in Digital Media and contact your advertiser to understand your legal obligations for any sponsored content.

Reporting actions:

As a responsible user, please flag/report any Livestream or comment on such Livestream that you come across and that may be in violation of applicable laws, the Community Guidelines or Terms of Use. Taking these measures will ensure a safer and better experience for everyone on the Platform. You may make use of the in-app reporting mechanism to report a comment on the Livestream that is abusive or offensive and/or report the Livestream itself. You may also report such violations via email at takatakgrievance@sharechat.co.

Please note that we will temporarily record and store your Livestream for a duration of twenty-one (21) days for purposes of compliance with applicable rules and regulations as well as incident investigations. We may delete these recordings post the completion of twenty-one (21) days duration, provided there are no reports on the Livestream. However, we may still store the same for a longer period of time in order to cooperate with legal authorities and law enforcement mechanisms.

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

a. Who Has Rights Under These Terms

The rights and obligations under these Terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company.

b. How Will We Handle Disputes

In all cases, you agree that disputes will be subject to the laws of India and the courts of Bangalore shall have exclusive jurisdiction over all such disputes.

GRIEVANCE REDRESSAL MECHANISM

As part of our commitment to the privacy and safety of our users, we continue to work alongside the government authorities to keep our users safe. We have put together a robust Grievance Redressal Mechanism in place to help resolve any concerns or complaints raised by you with respect to Takatak (by Moj).

The various grievance redressal mechanisms in place are stated below:

You can report user profiles or raise a complaint for content which violates our community guidelines. You can report a user profile by clicking on the arrow available next to the user profile for which the complaint is to be submitted. You can select the appropriate reason for reporting the user profile by clicking on the report option. You can also report a video by clicking on the arrow icon (located on the right side of the video) in order to submit a report for the same. You can open comments and press hold the comment to report the same.

The status of each complaint can be checked on the Reports page available under the Profile Settings tab.

If a complaint has been made against you or any content uploaded by you, you can view details on the Violations page available under the Profile Settings Tab. You can also register an appeal and add comments to substantiate your appeal on the Violations page.

You may also raise an issue via the Help & Support option available under the Profile Settings tab.

You can send an email to takatakgrievance@sharechat.co with your concerns or complaints. You will receive a ticket number which is auto-generated and actions on the complaint or concern raised will be taken in line with platform policies and Government regulations.

We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 15 (fifteen) days from receiving them. You can contact the Grievance Officer in relation to our policies, or any other concerns that you may have with respect to your profile.

You may contact the Grievance Officer at any of the following:
Ms. Harleen Sethi
Address: No.2 26, 27 1st Floor, Sona Towers, Hosur Rd, Krishna Nagar, Industrial Area, Bengaluru, Karnataka 560029
Email: takatakgrievance@sharechat.co
Note - Kindly send all user related grievances to the above-mentioned email ID, in order for us to process and resolve the same in an expeditious manner

Nodal Contact Person - Ms. Harleen Sethi
Email: nodalofficer@sharechat.co
Note - This email is solely for use by police and investigating agencies. This is not the correct email ID for user related issues. For all user related grievances, kindly contact us at takatakgrievance@sharechat.co.

LIMITATION OF LIABILITY

We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform.

The Platform and Services, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.

In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.

In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of:
(i) your access to or use of the Platform and Services;
(ii) any breach by you of your obligations under this Agreement;
(iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
(iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;
(v) your negligence or willful misconduct.
This obligation will survive the termination of our Terms.

UNSOLICITED MATERIAL

We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

GENERAL

1. If any aspect of these Terms is unenforceable, the rest will remain in effect.
2. Any amendment or waiver to our Terms must be in writing and signed by us.
3. If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
4. We reserve all rights not expressly granted to you.