Welcome to Happinetz, provided and maintained by Happy Parents Lab Pvt Ltd (referred to hereinafter as, “Happinetz,” or “Company,” or “We,” or “Us,” or “Our”), a service that provides individuals and families with a means of managing the internet activity on devices of family members, visitors, and others. These Terms describe how users of Happinetz may access a managed home network (“Network”), use Our Happinetz application (“App”), and related Box and products (“Products” or “Box”), as well as make use of our website located at www.happinetz.com (“Site”), (collectively referred to as “Happinetz Services”). In addition to the Terms, You may be subject to the End User License Agreement (available on our website) if you use the App or our Products (the “EULA”); in the event of a conflict between these Terms and the EULA, the EULA will control.
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE HAPPINETZ SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION, CLASS WAIVER, IN SECTION XIII BELOW. PLEASE READ CAREFULLY.
The term “Happinetz” shall mean collectively, the designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, Usage Data (as defined in Section VIII below) and any other Happinetz content including that defined in Section VIII
The terms “Post” and “Posting” as used in these Terms shall mean the act of submitting, uploading, publishing, or otherwise submitting information and content to Happinetz.
The term “Registered User” or “Register” shall mean users of the Happinetz Services that have registered as the administrator of the Happinetz account, and that have administrative access and control.
The term “Managed User” shall mean a user of the Happinetz Services that does not have administrative access or control of the Happinetz Account, and that allows his/her/their device(s) to be managed by the Registered User.
The term “Network User” shall mean devices that connect to the Happinetz Network, without becoming a Registered User or Managed User.
I. Happinetz Services
Happinetz Services provide individuals and families with a means of controlling the internet activity of family members, visitors, and others within their home network.
There are four primary components that make up the Happinetz Services, although not all users will use all of these components:
- Happinetz Box: Internet gateway (each such Box, a Happinetz Box” or “Box”) that allow personalized control of access to websites, feeds, and other content on the Internet. Happinetz Box may be manufactured by Happy parents Lab Pvt Ltd, or by other hardware manufacturers that have integrated Happinet’z firmware and Software;
- Software/APP/Firmware:Software applications and services (“Software”) that allow users to create, administer, configure, and manage their Happinetz Account, whether for use with the physical Happinetz Box or some other software-only instance of Happinetz products, including the Happinetz mobile application, which allows family members to communicate screen-time limits and expectations as configured in the Happinetz Account, interact with content from Happinet’z partners, and communicate and share status updates, photos, and other information;
- API:An Application Protocol Interface (“API”) that allows the Software to communicate with Happinet’s servers in order to facilitate the flow of information from the Happinetz Box to users; and
- Communication Services: Happinetz -owned or third-party services utilized for inbound or outbound communications and relevant aspects of Happinetz Account management.
II. Eligibility to Use Happinetz Services
These Terms govern the access and use of the following users and specify eligibility to use the Services ("Eligible"):
A. Managed Users
- Managed Users, such as child and dependents, are users of the Happinetz Services that do not have administrative access and control of the Happinetz Account.
B. Network Users
- Network Users are users of Happinetz Service through their access to a Network established by a Happinetz Box. These users do not need to register with Happinetz in order to make use of the Network.
C. Site Visitors
- Site Visitors may be Registered Users, Managed Users, Network Users and visitors that have not used or accessed any of the Happinetz Services before.
III. Eligibility to Use Happinetz Services
A. Account Suspension and Cancellation.
B. Registration and Subscription.
To use the Happinetz Services, You must submit a complete registration form on the Website and/or via your happinetz App (the "Registration Form"). As part of the registration process for the Happinetz Services, You agree to: (a) provide certain limited information about You as prompted to do so by the Happinetz Services and (b) maintain and update this information as required to keep it current, complete, and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Happinetz discovers that any of Your Registration Data is inaccurate, incomplete, or not current, Happinetz may terminate Your right to access and receive the Happinetz Services immediately upon notice. You may not register for the Happinetz Services if You are under 18 years of age. By registering for the Happinetz Services You represent to Happinetz, that You are 18 years of age or older. Upon completion of the registration process You will have opened an account with Happinetz and will become a subscriber to the Happinetz Services.
Happinetz shall have the right to refuse the Services and/or do business with any person or entity without liability and without explanation.
As part of the registration process, You will create Your username/email and You will choose Your passwords for access to Your account. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Happinetz of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
Happinetz may , at its sole discretion, might offer a subscription (“Subscription”) with a free trial for a limited period (“Free Trial”). If we offer you a Free Trial, the specific terms of your Free Trial including the price of the Subscription after the Free Trial will be provided at signup and/or in the promotional materials (such as, but not limited to, emails) describing the Free Trial, and your use of the Free Trial is subject to your compliance with such specific terms.
You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us for the price offered to you for the Subscription until the Free Trial has expired. You may cancel your Subscription within at least 24 hours prior to the end of your Free Trial by emailing us. At the end of your Free Trial, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Our Services are generally billed on a subscription basis (“Subscription”) either accompanied by your purchase of the Box or without the purchase of the Box. You will be billed in advance for your Subscription on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription you select. Subscription options will be communicated on the app & website. You agree to pay for the Subscription that you select. You also authorize us to automatically charge the payment method our service provider has on file based on the Billing Cycle applicable to your Subscription.
If You purchased the Box, Your first payment includes both the Box and a prepaid Subscription mentioned on the box/website while making the purchase. Once either Your prepaid Subscription ends or if You did not purchase the Box + Subscription bundle then once Your current Billing Cycle ends, Your Subscription will automatically renew for an additional Billing Cycle at the price shown in Your account dashboard or otherwise communicated to You by Us (“Renewal Price”) unless You or We cancel Your Subscription at least 1 day prior to the commencement of Your next Billing Cycle or in accordance with any return policies that apply to Your Subscription. You may also be eligible for a refund in accordance with our refund policies on our website.
For each Subscription purchased, We grant You a non-exclusive, non-transferable and non-assignable right to install and use the Happinetz software during Your Billing Cycle on a Box that You own or control. If You cancel or do not renew Your Subscription, then You agree to delete all copies of the software/app in their entirety from Your device upon the expiration of Your Billing Cycle.
Happinetz may change the fees and charges then in effect, or add new fees or charges, without notice. If there are any annual, monthly or similar periodic fees for Your Subscription, these fees will be billed automatically to the credit card/payment method designated during the registration process , a credit card subsequently designated to Happinetz at the start of the Billing Cycle and at the start of each renewal period, or invoiced to You, unless You terminate Your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with Your Subscription for Happinetz Services (including any applicable taxes) at the rates in effect when the charges were incurred. You also are responsible for any fees or charges incurred to access the Happinetz Services through an Internet service provider or other third party service. All fees and charges are nonrefundable.
Payment for Happinetz services is due by credit card/Netbanking/UPI or any other method , and all credit card payments are subject to these Terms pertaining to payment for use of the Happinetz Services. Happinetz must receive payment prior to providing any Happinetz Services. In the event that You cancel your payment mode/method or it is otherwise terminated, You must immediately provide Us with a new valid payment mode/method. If Your account becomes in default, You agree to pay Happinetz reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by Happinetz
Happinetz may terminate the Happinetz Services at any time for any and/or no reason, including, but not limited to, Your breach of these Terms. If You terminate the Happinetz Services, any and all payments made by You prior to termination shall be forfeited to Happinetz.
Upon expiration or termination for any reason, You are no longer authorized to use any part of the Happinetz Services. When Your Account is canceled, You will no longer have access to data and other material You have stored by Happinetz
IV. User Conduct Guidelines
Any time You access or use the Happinetz Services, You are required to comply with our User conduct guidelines, as follows:
You agree that You will access and use the Happinetz Services and Happinetz Box for Your personal use only;
You are not authorized to access or use the Happinetz Services or the Happinetz Box:
- to impersonate any person or entity, or falsify or otherwise misrepresent Your identity, credentials, affiliations or intentions;
- to collect, store or use any information from or about another user other than a Managed User, other than to provide aid to such user, to enable features of the Happinetz Services such as monitoring internet use, or as otherwise authorized and intended by such user;
- to “stalk” or harass any other user, for any abusive purpose, to damage or cause risk to our business, reputation, employees, subscribers, facilities, or any person, or for any illegal purpose, or in violation of any local, state, national, or international law;
- to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
- for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
- if You are a person barred from receiving services under the laws of the India or other applicable jurisdiction as detailed in Section iv below or otherwise not Eligible; or
- for any other purposes that are not expressly permitted by the Terms.
iii. Further, You may not:
- access, copy, distribute, share, publish, use or store, or prepare derivative works from any Happinetz Content that belongs to Happinetz , another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express written permission of the person or entity party holding the rights and titles to such content;
- remove, disable, damage, circumvent or otherwise interfere or deny service in any way or form with security-related features of the Services, features that prevent or restrict use or copying of the Software, features that enforce limitations on the use of the Services, our policies, determinations as to Your account status, including by attempting to access or use the Happinetz Services if Your account has been suspended or cancelled or You have otherwise been temporarily or permanently prohibited or blocked from using the Happinetz Services;
- use, display, mirror or frame the Happinetz Services, or any feature, functionality, tool or content of the Happinetz Services, Happinet’z name, any Happinetz trademark, logo or other proprietary information, without Happinet’z express written consent;
- interfere with, disrupt, damage or compromise the Happinetz Services or Our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Happinetz Services or otherwise imposing an unreasonable or disproportionately large load on the Happinetz Services;
- access, tamper with or use non-public areas of any of the Happinetz Services, Happinet’z computer systems, or the technical delivery systems of Happinet’z providers;
- probe, scan, or test the vulnerability of any system or network of Happinetz or its providers, or breach or circumvent any security or authentication measures of such system or network;
- attempt to decipher, decompile, disassemble or reverse engineer any of the Software or any of the code or software used to provide the Happinetz Services;
- export or re-export the Happinetz Services except in compliance with Section iv below;
- otherwise abuse the Happinetz Services or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
V. Misconduct; Investigations
Happinetz reserves the right, but assumes no obligation, to investigate and take appropriate action in response to reports of misconduct. Regardless of its action or inaction, in no event will Happinetz be liable for the acts or omissions of any visitor, user or third party accessing or using the Happinetz Services.
Without limiting the foregoing, You acknowledge that Happinetz has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Happinetz Services by any visitor or user, if We believe in good faith that it is reasonably necessary to:
- Comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body);
- Respond to claims asserted against Happinetz ;
- Enforce and to ensure a User’s compliance with the Terms, including the investigation of potential violations;
- Conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues;
- Protect the rights, property or safety of Happinetz , its Users or members of the public; and
- Improve and operate the Happinetz Services and Happinetz Boxs (including for customer support purposes).
You agree to cooperate with and assist Happinetz or its representative in good faith, in any such investigations,
VI. Important Information About the Happinetz Services
A. Service Limitations. There are certain circumstances that may limit the availability or effectiveness of the Happinetz Services, including:
- Service Area - The happinetz Services may be configured for use in the local jurisdiction in which You registered for the Happinetz Services. For example, users that registered or are managed by an account that is registered for the happinetz Services in India may be limited to use of Services only in the India.
- Service Interruptions - The Happinetz Services can be interrupted for any reason that disrupts internet access or GPS capabilities, including, without limitation:
- Electrical power outages;
- Natural disasters;
- Electronic interference;
- An outage affecting the data transport service;
- Failure of originating or terminating access lines;
- Network congestion and/or reduced routing speed of Happinet’z network or another network (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks);
- Compatibility issues; and
- Equipment failures relating to Your Boxs (e.g., Your mobile phone) or Happinet’z equipment, including, hardware or software failures or misconfiguration affectingHappinetz, its offices, data centers, and/or any of its service providers.
Accordingly, Happinetz assumes no liability for or relating to the delay, failure, interruption, refusal, limitation, or corruption of any data or other information transmitted in connection with the use of the Services that are outside its reasonable control.
B. Acknowledgements.YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
- HAPPINETZ DOES NOT AND CANNOT GUARANTEE THAT THE HAPPINETZ SERVICES WILL BE CONTINUOUS OR ERROR-FREE. FOR EXAMPLE, THE HAPPINETZ SERVICES MAY NOT BE AVAILABLE OUTSIDE OF THE SERVICE AREA OR UNDER CIRCUMSTANCES SET FORTH ABOVE.
- IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR HAPPINETZ SERVICES IS/ARE SUSPENDED, CANCELED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE HAPPINETZ SERVICES.
- YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE HAPPINETZ SERVICES AND THE ACTIONS THAT OCCUR UNDER YOUR HAPPINETZ ACCOUNT. ABUSE OF THE HAPPINETZ SERVICES MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL FINES AND PENALTIES.
C. Modifications and Updates to the Happinetz Services.
Happinetz reserves the right, in its sole discretion, to modify or discontinue offering the Happinetz Services, in whole or in part, including any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to You.
We may from time to time develop and provide updates for the Software or Happinetz Boxs, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety.
For Registered/Managed Users, depending on Your mobile devices settings, when Your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) You may receive notice of or be prompted to download and install available Updates. We suggest that You promptly download and install all Updates. If You do not download and install the most recent Updates, portions of the Software and/or Happinetz Box may not properly operate. All Updates will be deemed part of the Software and Happinetz Boxs and be subject to all terms and conditions of the Terms.
You agree that Happinetz has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, Updates, discontinuance or deletions.
General Communications. By accessing or using the Happinetz Services, or providing Personal Information to Us, You agree that We may communicate with You electronically regarding security, privacy, and administrative issues relating to Your access and/or use of the Happinetz Services, as well as for product releases, product updates, marketing events, and third party products or services Happinetz would like to communicate with You about.
Mobile Messaging Alerts.Our Mobile Messaging/whatsapp alerts (“Mobile Messaging Alerts”) allow You to receive informational alerts related to the products & services/updates etc. If You do not wish to continue receiving these Mobile Messaging Alerts, You can opt out as per the standard procedure.
Happinetz would like to communicate with You if We learn of a security breach, We may attempt to notify You electronically by posting a notice on the Happinetz Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice),
C. Monitoring of Customer Service Sessions. We and our partners may monitor and record customer service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You hereby grant us permission to monitor and record any customer service sessions involving You and/or any other users such as Managed Users that participate in the customer service sessions to use or disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests; to provide the Services to You or other users, and/or to enhance the types of Services We may provide in the future.
VIII. Happinetz's Content Ownership and Use
The Happinetz Content includes, without limitation, the following: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, Usage Data (as defined in Section VIII below) and any other Happinetz content (collectively, “Happinetz Content”). All Happinetz Content and the compilation (meaning the collection, arrangement, and assembly) of all Happinetz Content are the property of Happinetz, its affiliates or its licensors and are protected under intellectual property, copyright, trademark, and other laws.
A. License to You.We hereby grant You, subject to Your compliance with these Terms, the limited, revocable, and non-exclusive rights to access and use the Happinetz Services and the Happinetz Content solely for the personal, non-commercial use by You, and Your family and community members that are authorized by You and authorized hereunder, of the Happinetz Service, at Our discretion. Any other use of the Happinetz Content is expressly prohibited, and is in violation of these Terms. This license is limited and revocable at any time without notice and with or without cause. Unauthorized use of the Happinetz Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Happinetz Content on any copy You make of the Happinetz Content.
B. Third-Party Content.The Happinetz Services may contain content from Happinetz partners and licensors. Except as provided within these Terms, You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make derivative works based on, or sell any content appearing on or through the Happinetz Services, including Happinetz Content. You understand and agree that You shall not obtain, as a result of Your access and/or use of the Happinetz Services, any right, title, or interest in or to the Happinetz Content, or any third party content delivered via the Happinetz Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the Happinetz Content.
C. Happinetz Marks. You acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Happinetz, including, without limitation, Happinetz, the Happinetz logo, and other Happinetz logos and product and service names are the intellectual property belonging toHappinetz or our affiliates (the "Happinetz Marks"). Without Our prior written permission, and except as solely enabled by any link as provided by Us, You agree not to display, copy, publish, or use the Happinetz Marks in any manner.
IX. Intellectual Property Rights and Happinet'z License to Use Your Content
A.Happinetz Intellectual Property Rights. The Services, Software, Happinetz Boxs, including all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and/or other laws of India and foreign countries. You acknowledge and agree that the Happinetz Services, Software, and Happinetz Boxs, and all intellectual property rights therein are the exclusive property of Happinetz, its affiliates and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Happinetz Boxs, Software, or Services. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Happinetz or its licensors,
D. You Must Have Rights to the Content You Post. You hereby represent and warrant that: (i) You own all the content and User Content posted by You on or through the Happinetz Services or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Happinetz Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity; and (iii) the posting of Your User Content on the Happinetz Services does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content You post on or through the Happinetz Services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary. You hereby agree to hold harmless and indemnify Happinetz and its officers, directors, employees, agents, vendors, affiliates and partners, from any intellectual property rights claim, suit or action arising from or related to Your User Content, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and reasonable attorney’s fees.
E. Happinetz Disclaims Liability for User Content. We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content. You accept that any reliance on material posted by other users or third-party service providers will be at Your own risk. By using the Happinetz Services You accept the risk that You might be exposed to content that is objectionable or otherwise inappropriate. You are solely responsible for Your User Content on the Happinetz Services. Happinetz does not endorse any, nor is it responsible for, User Content on the Happinetz Services. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose Yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
X. Copyright Policy
If You have good reason to believe that another user has violated Your copyright using the Happinetz Service, or if You think someone incorrectly reported that You violated his or her copyright, If You believe in good faith that materials posted on the Happinetz Service infringe Your copyright, You (or Your agent) may send Happinetz a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Happinetz Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Happinetz to locate the material on the Happinetz Service;
- Your name, address, telephone number, and email address (if available);
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
XI. Consequences of Violating These Terms
We reserve the right to suspend or terminate Your Happinetz Account, and/or deny access to the Happinetz Services, at any time and for any reason, at Our discretion. We reserve the right to refuse to provide the Happinetz Services to You in the future. Happinetz may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Happinetz Services.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by Us or others caused by or arising out of Your breach of these Terms and/or Your use or access of the Happinetz Services.
XII. Happinetz Liability
A. User Disputes.We are not responsible for any disputes or disagreements between You and any third party with whom You interact with by using the Happinetz Services. You assume all risks associated with dealing with third parties on or through the Happinetz Services. You agree to resolve all disputes directly with the other party, and to indemnify Happinetz. You release Happinetz from all claims, demands, and damages in disputes among users of the Happinetz Services, or between a user and a third party. You also agree not to involve Us in such disputes.
B. Content Accuracy and Results.We make no representations or warranties about accuracy, reliability, completeness, or timeliness of any content accessed using the Happinetz Services. Similarly, We make no representations about the accuracy, reliability, completeness, or timeliness of any data from a third party service provider or the quality or nature of third party products or services obtained or discovered through the Happinetz Services. We make no promises and disclaim all liability of specific results or outcomes from the use of the Happinetz Service. You use the Happinetz Services at Your own risk.
C. Third-Party Websites.The Happinetz Services may include links to third party websites and applications. You are responsible for evaluating whether You want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You acknowledge sole responsibility for and assume all risk, and We disclaim all liability arising from Your access or use of them, including, without limitation, any and all content, applications, products or services available on or through such websites or applications, and We will not be responsible for any damage or harm relating thereto.
D. Content Blocking Not Guaranteed.“False positive” content blocking may occur from time to time or at any time. Happinetz strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that You would deem acceptable will not be blocked by the Happinetz Services, and that content You deem unacceptable or inappropriate or in violation of these Terms will be blocked. In the event that You believe Happinetz is miscategorizing a site or service, please contact Happinetz support at help
E. Warranties by Users.You represent and warrant to Happinetz that:
- You have the power and authority to accept and agree to the Terms;
- You own or control all of the rights necessary to grant the rights and licenses granted herein;
- that You have requested and received the consent of all individuals and/or otherwise have the necessary authority for whom You have submitted contact information to include them in the Happinetz Services, including to share their telephone number and/or email address with Happinetz
- You will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Your User Content or otherwise in connection with Your access to or use of the Services or Happinetz Box;
- the exercise by Happinetz of the rights granted by You hereunder will not cause Happinetz to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
- all account information provided by You will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
F. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR ACCESS AND/OR USE OF THE HAPPINETZ SERVICES IS AT YOUR SOLE RISK; THE HAPPINETZ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE HAPPINETZ SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE RELEASED PARTIES MAKE NO WARRANTY THAT: (I) THE Happinetz SERVICES WILL MEET YOUR REQUIREMENTS OR DESIRED RESULTS; (II) THE Happinetz SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Happinetz SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON OR THROUGH THE Happinetz SERVICES WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE Happinetz SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE ACCESS OR USE OF THE Happinetz SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE BOX OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
"Released Parties" include Happinetz and its affiliates, officers, employees, agents, resellers, representatives, partners, assignees, and licensors.
G. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL INJURY OR DEATH (EVEN IF Happinetz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE ACCESS, USE OR THE INABILITY TO ACCESS OR USE THE Happinetz SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE HAPPINETZ SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR Happinetz ACCOUNT; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE Happinetz SERVICE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER MATTER RELATING TO THE HAPPINETZ SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE Happinetz SERVICE OR YOUR USE OF HAPPINETZ CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE RETAIL COST PAID FOR THE Happinetz BOX THROUGH WHICH THE USER PRINCIPALLY ACCESSES THE SERVICES OR, IF NONE, THE COSTS OF THE APP ON THE APP STORE. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Happinetz AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your User Content; (ii) Your use of or reliance on any third-party content or other user content, (iii) Your use of or reliance on any Happinetz Content, (iv) Your breach of these Terms, or (v) Your gross negligence or willful misconduct. We shall provide notice to You promptly of any such claim, suit, or proceeding. You agree that, at Happinet’z option, You will conduct the defense of any such claim or action; provided that, notwithstanding Our election that You conduct the defense, (i) Happinetz may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) You will not enter into any settlement or other compromise without the prior written approval ofHappinetz (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
B. Assignment.You may not assign, transfer, delegate or sublicense any of Your rights or obligations under the Terms, including by operation of law or merger or consolidation, without Our express prior written consent, which may be granted or withheld in Our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. Happinetz may assign, transfer, delegate and/or sublicense Our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and insure to the benefit of the parties, their successors and assigns.
C. No Agency.Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms.
E. Notices. All the notices will be sent by email provided by you.
G. Remedies.Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
H. Severability.Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
I. Headings.The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
J. Third Party Beneficiaries.Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
K. Contact Us. You can also write to Us on the mail Ids provided by us on our website.Complaints regarding the Services or Happinetz Box or requests to receive further information regarding use of the Services or Happinetz Box may be sent to the above address .
L. Force Majeure. Neither Happinetz nor You will be liable for inadequate performance under these Terms to the extent caused by events beyond the reasonable control of a party, which may include denial-of-service attacks, internet disturbance, strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, and governmental action.
M. Interpretation. These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. The use of the words "includes," "including," "such as," "for example," and similar terms are deemed not to limit what else might be included.
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