Terms of Service
This is an Agreement between you and Bhokal.com, (a web initiative of DUDU MEDIA, a proprietorship firm registered in Patna, Bihar (India). (hereinafter – “Bhokal”) that describes the Terms of Service (“Terms”) concerning your access to and use of the content, reports, documents, products, and online services (referred to collectively as the “Services”) we make available through https://bhokal.com/ (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.
1. Agreement Acceptance
All of the terms of the Agreement apply without modification by you and together constitute legally binding terms between you and Bhokal. By using or accessing the Site and/or Services, you understand and agree to abide by these Terms of Service whether on your behalf or on behalf of a legal person you represent. If you are entering into these Terms on behalf of a legal person, you represent that you have the authority to bind the legal person and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to that legal person and its affiliates. If you do not agree, you may not use or access the Sites and Services.
2. Amendments
From time to time, Bhokal may revise, amend or otherwise change these Terms without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must stop using the Services.
3. Your Use of The Services
3.1. Our online platform is served to produce to search for accounts on social networks that are publicly available. In particular, an online platform enables you to evaluate the quality of user subscribers and thereby distinguish real subscribers from those being automatically and in bad faith generated. After the Services have been provided to you are provided with the report (hereinafter 'The Report').
3.2. Bhokal provides you with limited, non-exclusive, non-transferable, personal, and non-assignable permission to use the Site. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You must not obscure, alter, remove, or delete any copyright or other proprietary notices contained in the Services. You will not copy, modify, adapt, translate, or otherwise create derivative works of any of the Services obtained from the Site. You warrant that you will not attempt or assist others to attempt or reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software. You agree to comply with all applicable laws and regulations in your use of and access to the Site and Services.
3.3. You will be required to successfully sign up for a personal account (the “Personal Account”) and be issued with a username and password login (“User ID”) to use the Services. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of Bhokal, including account names. Bhokal reserves the right to disable any Personal Account issued to you at any time in Bhokal’s sole discretion. If Bhokal disables access to a Personal Account issued to you, you may be prevented from accessing Bhokal, your account details, or any Campaigns that are associated with your account. 3.4. By registering to Bhokal you agree to receive emails, including but not limited to newsletter, product updates, and opportunities. You will be able to unsubscribe from each group.
4. Provision Of The Services
4.1. You understand and agree that Bhokal may modify, terminate, suspend, or otherwise adjust any aspects of the Services at any time without prior notice to you.
4.2. You acknowledge and agree that Bhokal can disable access to Services for non-payment or other material breaches of the Terms, you may be prevented from accessing your files or other content which is contained in Bhokal Site or Services.
4.3. You acknowledge and agree that you are allowed to use only a single account per person.
5. Security
5. Security As part of the registration process, you may be required to provide certain information including, but not limited to, your name, the business name, address, phone number, and email address. You agree that any registration information you give to Bhokal will always be accurate, correct, and up to date. You are responsible for protecting any tokens, keys, or passwords for Bhokal Site and Services from unauthorized access. You will be held responsible for any activity that occurs under your tokens, keys, or passwords. You are solely responsible for any activity that occurs on or through your tokens, keys, or passwords. You agree to notify Bhokal immediately of any unauthorized use of your tokens, keys, passwords, or any other breach of security. Bhokal may access your tokens, keys, and passwords from time to time to provide You assistance with technical or billing issues or to maintain or improve the Services.
6. Privacy Policy
6.1. We comply with the General Data Protection Regulation EU 2016/679 (GDPR).
6.2. Important information for data controllers: you acknowledge that when processing the personal data of individuals, you may become a data controller and you must comply with GDPR.
6.3. If you are an individual and process personal data in the course of a purely personal or “household” activity, you may be exempt from the application of GDPR. If you are unsure whether this exemption applies, please, obtain legal advice.
6.4 If you are a legal person, you may become a data controller for GDPR when you process personal data about natural persons. This is the case whether you obtain personal data through Us or through any other third party (for instance, if you manually compile your database from Instagram). If GDPR applies to you, you hereby confirm that you and Us (the “Parties”): 1) each independently determine the purposes and means of the processing of personal data and act as an independent controller; 2) the Parties do not jointly determine the purposes and means of the processing and do not act as joint controllers; 3) neither of the Parties processes personal data on behalf of the other Party and does not act as a processor; 4) each of the Parties shall independently take all necessary measures to comply with applicable data protection laws.
7. Charged Services
7.1. Bhokal supports a variety of payment methods for customers, including bank transfers, credit cards, wallets, Paytm, UPIs, debit cards, and bank wires. Bhokal at this time supports Cashfree, Paytm, RazorPay, and bank transfers. As soon as we have additional opportunities for payment services will inform you appropriately and amend this Agreement. You shall have the right to select any payment service provider available. You agree that Bhokal is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees, banking commissions, or currency fees applied to your transaction. All payments to Bhokal include the above-mentioned fees and commission, if applicable.
7.2. To get access to the Service you need to choose a pricing plan, or the product price, and pay it via bank transfers, credit cards, debit cards, PayPal, or bank wires.
7.3. If you choose reports only tarif, you can proceed with payment with varieties of methods. Reports don't have any expiration date. Payment for reports cannot be refunded.
7.4. If you choose one of our’s subscription plans, you have to know that our subscriptions are automatically renewed for the same period unless you cancel before 23:59 Indian Standard Time on the last day of the current subscription.
7.5. To cancel your subscription you have to contact our support via email - hello@Bhokal.com.
7.6. Funds charged for the extended subscription will not be refunded.
7.7. Bhokal does not store credit/debit card information.
8. Content
8.1. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and the analysis of the data/content is based on what third-party data sources provide to Bhokal.
The data/content is based on publicly available data/content and Bhokal does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third-party sites and such third parties may prevent Bhokal from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent Bhokal from using certain data/content or providing it to you.
You agree that you shall evaluate and bear all risks associated with the Services, including any reliance on the accuracy, completeness, or integrity of such Services.
By using the Site and Services, you represent and warrant that you have such knowledge and experience in financial and business matters that you are capable of evaluating the merits and risks of the information made available in the Site and Services and making effective use of the Services provided by Bhokal as an analytical tool.
You acknowledge that the Services are made available to you without any warranties of any kind. By using the Services you understand and agree that your use of the Services is at your sole discretion and risk.
8.2. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Bhokal is not responsible for the availability of, or the materials located on or through, any External Sites.
8.3. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable and you acknowledge that Bhokal shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
8.4. You shall acknowledge Bhokal as the source of the data/content; if you use/show data/content from Bhokal online, you shall link to the Bhokal website, place the Bhokal logo and credit the source as follows: “powered by Bhokal”.
9. Restrictions
You may only use the Service as specified above. You are restricted from using the Service for any other usage, including:
9.1. Usage of Service in excess of: - 5000 search requests per month under Influencer Discovery module; - 5 requests to Site per second; - 1 account per person;
9.2. Use of Charged Services if you have no paid reports or active Subscription.
9.3. Use any means to modify or reroute the Service.
9.4. Broadcast, reproduce, republish, post, transmit, or distribute any part of the Services (other than as specifically allowed under these Terms).
9.5. Assign, syndicate, resell, or otherwise transfer or make available information obtained via the Service to third parties (unless you have a specific written agreement with Bhokal for this).
9.6. Copy, modify, create a derivative work from, reverse engineer, or reverse assemble the Service, or otherwise attempt to discover any source code, or allow any third party to do so.
9.7. Use the Services in any way that harms Bhokal, its affiliates, resellers, distributors, customers, service providers, and/or suppliers, as determined by Bhokal in its sole discretion;
9.8. Use the Services in any manner that could damage, disable, overburden, or otherwise harm the Services and/or Site or interfere with any other party's use and enjoyment of the Services and/or Site;
9.9. Use any meta tags or any other 'hidden text utilizing Bhokal's name or trademarks without the prior written consent of Bhokal;
9.10. Display the Site in frames or utilize any other techniques to display the Site (or any content on the Site) without the prior written consent of Bhokal;
9.11. Use the Services in any manner which is contrary to the provisions of any applicable third-party terms of use or other agreements (including any requirement to secure written permission before making certain utilization of content);
9.12. Use the Services to 'stalk' or otherwise harass another; and/or collect or store personal data about any other person.
9.13. Employ any technique to compile any false or misleading information or content;
9.14. Harm minors in any way;
9.15. Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the IT Act, any rules of any national or other securities exchange, including, without limitation, and any regulations having the force of law;
9.16. Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian government as a foreign terrorist organization under the Citizenship Act, 1955 with all latest amendments as per the law of land prevail;
9.17. Use the Services in any manner that violates or infringes the rights of any third parties, including without limitation copyright, trademark, patent publicity, or other proprietary rights;
9.18. Use the Services to gain unauthorized access to any third-party services, user accounts, computer systems, or networks;
9.19. Use the Bhokal domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate Bhokal or any other third party;
9.20. Create multiple tokens, keys, or passwords for disruptive or abusive purposes, or with overlapping use cases. Mass tokens, keys, or password creation may result in the suspension of all related tokens, keys, or passwords. Please note that any violation of these Terms of Service is cause for permanent suspension of all tokens, keys, or passwords.
9.21. Any attempt to utilize automated programs, bots, screen scraping, or any other means of gathering data other than through our currently available API is strictly prohibited.
9.22. YOU ACKNOWLEDGE AND AGREE THAT IN CASE WE DETECT MULTIPLE ACCOUNTS OR/AND PROMOTION PLANS ESTABLISHED FOR ONE PERSON, WE AT OUR SOLE DISCRETION MAY, WITHOUT WARNING AND REFUND, TERMINATE SUCH MULTIPLE ACCOUNTS OR/AND PROMOTION PLANS.
10. Publicity
Publicity You grant Bhokal the right to add your name and company logo to its customer list and website. Except for the foregoing, neither party may use the other party’s name or logo without the other party's prior written consent.
11. Cancellation Or Termination
11.1. You may cancel the Services at any time, with or without cause. You understand and accept that by canceling the Services: i) you may not receive a refund; ii) you may be obligated to pay all charges due until the end of the subscription; iii) you may lose access to and use of your keys or passwords and any Services.
11.2. You acknowledge and agree that Bhokal may terminate your keys or passwords for a cause with or without prior notice to you. Cause for termination includes but is not limited to infringement or violation of the Terms, in particular, but not limited to violation of clauses 8.4, 9.1, and 9.2 thereof, partial or complete discontinuance of the Services and/or Site, extended periods of inactivity, request to do so by law, and non-payment of fees or charges owed by you to Bhokal.
11.3. Cancellation or termination will result in immediate cessation of access to the Services, and deletion of your keys or passwords and all Services contained therein. All terminations are at the sole discretion of Bhokal, and you agree that Bhokal shall not be liable to you or any third party as a result of the termination.
11.4. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement to you will immediately cease to exist and you will irrecoverably delete any data you received from Bhokal. Sections 6 to 10, and 15, as well as your obligation to pay any fees applicable, including but not limited to those under sub-clause 11.1 (ii) above, will survive any expiration or termination of this Agreement for any reason.
11.5. There will be no refunds or credits for partial use of Service, upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond Bhokal's control. To treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of content and features. Bhokal does not accept any liability for such loss. Bhokal reserves the right to suspend or terminate your access to the Services for non-payment. If your Subscription is terminated for any reason, you are still liable for a remaining unpaid period of your Subscription if your Subscription is purchased every month. Bhokal may recover such payments due and in that case, you will bear all the expenses related to such recovery or/and debt collection.
12. Proprietary Rights
You acknowledge and agree that the Site and Services are the exclusive property of Bhokal and except as may be otherwise provided herein, Bhokal does not grant any express or implied right in them to you. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. Bhokal owns the copyright for the Site as a compilation, and all Services accessible from the Site. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Bhokal or its content suppliers and protected by international copyright laws. Any third-party marks displayed on the Site and/or Services are the property of their respective owners. You further acknowledge that the Services may contain information that is designated confidential and that you shall not disclose such information without Bhokal’s prior written consent.
13. Contact Us
If you have any questions about these Terms, please contact us at hello@Bhokal.com or:
DUDU MEDIA
C/O Sandeep Pandey,
A- 201, RRSK DIVINE GREEN APT
Mitra Mandal Colony, Anisabad
Patna - 800002
Bihar (India)
14. Report Us
If you have any questions about these Terms, please contact us at hello@Bhokal.com
Disclaimer
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYPE AUDITOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THIS SITE OR CREATED BY THE SERVICES. THE MATERIALS, CONTENT ON THIS SITE, AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR CONCERNING THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SERVICES. HYPE AUDITOR MAKEs NO WARRANTY THAT i) THE SERVICES WILL MEET YOUR REQUIREMENTS: ii) THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED; iii) ANY ERRORS WILL BE CORRECTED; AND iv) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY SERVICES DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE ARE AT YOUR DISCRETION AND RISK AND HYPE AUDITOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL IT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYPE AUDITOR OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. IN NO EVENT SHALL THE LIABILITY OF THE HYPE AUDITOR OR ANY OF THEIR AFFILIATES UNDER ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH SERVICES. FURTHERMORE, HYPE AUDITORS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
15. Governing Law and Jurisdiction
15.1. These Terms shall be governed and construed by the Indian Penal Code, without regard to its conflict of law provisions.
15.2. In case such disputes, controversies, or differences, cannot be settled amicably through negotiations within a thirty-30-day period it or they shall be settled by the High Court, Patna Bihar.
The number of arbitrators shall be one. • The place of arbitration shall be Patna, Bihar. • The arbitration shall be held, and the award rendered, in English. • The appointing authority shall be the Judiciary acting by the rules adopted by the Judiciary for this purpose. Each party shall bear its expenses, but parties shall share equally in the expenses of the arbitration tribunal. Effective Date: May 10, 2022.
