This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed thereunder as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Moment Studios Private Limited, a private limited company, incorporated under the Indian Companies Act, 2013, allotted Corporate Identification Number (CIN) U74999MH2016PTC273604 and having its registered office at 10, Prudential Ground Floor, Hiranandani Gardens, Powai, Mumbai Bandra Suburban - 400076, Maharashtra, India and operating under its trade name ‘inChat’, (hereinafter referred to as ‘inChat’) is the owner of the website with domain name www.inChat.app/privacy and inChat application (hereinafter referred to as the ‘inChat Platforms’).
Cookie shall mean a small text file that is stored on the User’s computer that will enable inChat to recognize the User when the User visits the inChat Platforms. A cookie also enables inChat to store the User’s preferences and settings, enhance the User’s experience by delivering content and advertising suited to the User’s interests, perform research and analytics, track usage and activity on the inChat Platforms, and assist with security and administrative functions.
Force Majeure Event shall mean any event that is beyond the reasonable control of inChat and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
Personally Identifiable Information shall mean the data or information that is personal to a User and allows persons other than the User to identify the User personally from such data or information; information that personally identifies or can be used to identify, contact or locate the person, to whom such information belongs including, including without limitation, log in name, email address, Facebook account details, Google account details, password and location details which will likely be collected at the time of User’s registration on the inChat Platforms.
Pixel Tag/ Web Beacon/ Clear GIF shall mean a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on Users’ computers or other devices.
Usershall mean any person who accesses or avails the inChat Platforms for the purpose of browsing, viewing, creating, posting, publishing, hosting, displaying, sharing, uploading or otherwise transmitting its content on the inChat Platforms.
COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION AND OTHER INFORMATION:
inChat will collect and store Personally Identifiable Information provided by the Users from time to time while registering and/ or using the inChat Platforms. inChat will only collect such Personally Identifiable Information from the Users, which it considers necessary for facilitating the use of the inChat Platforms and for the purpose of improving inChat’s services towards its Users.
inChat may obtain certain information based on the User’s activities such as the User’s browsing trends, the User’s preferences and interest, etc.. inChat may also collect other general information such as the User’s comments provided on the inChat Platforms and the User’s correspondence with inChat;
Upon request by the User, inChat will remove / block the User’s Personally Identifiable Information from inChat’s database, thereby canceling the User’s registration. However, the User’s information may remain stored in archive on the servers even after the deletion or the termination of the User’s account.
The User acknowledges that User Content and other general information (excluding Personally Identifiable Information), including without limitation, username, videos, GIFs, comments shall be available and accessible at all times to the other Users of inChat.
inChat shall not be responsible for the authenticity of the information provided by the User.
TRACKING OF INFORMATION:
inChat shall have no control over the usage of any third party cookies placed on the inChat Platforms.
SHARING OF INFORMATION:
inChat shall use the information collected from the User to verify the identity of the User, to contact Users, for purposes of use of the inChat Platforms and for any other purpose with the consent of the User.
inChat shall disclose the Personally Identifiable Information without requiring any prior consent from the Users where such disclosure is required to be made to a government agency mandated under the law to obtain such Personally Identifiable Information. inChat shall be required to make such disclosures to the government agency in all such cases for the prevention, detection, and investigation of fraud including cyber related crimes.
inChat shall be compelled to disclose the Personally Identifiable information of the Users to a third party in all such cases where inChat is acting in compliance of an order passed under law, directing inChat to disclose such Personally identifiable Information.
ASSESSING, REVIEWING AND CHANGING PERSONAL INFORMATION:
inChat will take reasonable steps to accurately record the personal information that the User provides to inChat and any subsequent updates.
inChat encourages the User to review, update and correct the information that inChat maintains about the User on the inChat Platforms. Upon the User’s request, inChat will delete any such information that is inaccurate, incomplete, or irrelevant for legitimate purposes, or is being processed in a way, which infringes any applicable legal requirement.
inChat has implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to the information of the User and to maintain data security. These safeguards take into account the sensitivity of the information that inChat collects, process and stores and the current state of technology.
inChat assumes no liability or responsibility for disclosure of the User’s information due to errors in transmission, unauthorized third-party access, or other causes beyond inChat’s control. The User plays an important role in keeping its information secure. The User should not share its account information with anyone. If inChat receives instructions through the User’s account and password, inChat will consider that such User has authorized the instructions.
GOVERNING LAW & DISPUTE:
The law governing the Terms shall be the substantive laws of the Republic of India, without giving effect to the conflicts of law principles of any jurisdiction.
Any dispute arising out of or in connection with the Terms and / or the licence, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (‘MCIA Rules’), which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Mumbai, India. The Tribunal shall consist of one arbitrator, selected from the panel of arbitrators with technical experience in the field of information technology by inChat. The language of the arbitration shall be English. The law governing this arbitration agreement shall be the Arbitration and Conciliation Act, 1996 (as amended and re-enacted at the relevant time).
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, and other polices or questions are published as under:
E-mail address: [email protected]