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Terms & conditions

Cheerio Technologies Private Limited built the Omnybox Solutions app and web as a Freemium SaaS product. This service is provided by Omnybox Solutions at no cost and is intended for use as is.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of personal information if anyone decided to use our service

If you choose to use our service and login through our app, whether by facebook or google or mobile number, then you agree to the collection and use of information in relation to this policy. The personal information that we collect is used for providing and improving the service. We will not use or share your information with anyone except as described in this privacy policy.

Conditions of Use

User Conduct: You are solely responsible for all audio, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, events, polls or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Cheerio Technologies Private Limited Cheerio Technologies Private Limited reserves the right to investigate and take appropriate legal action against anyone who, in Cheerio Technologies Private Limited’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  1. engage in any conversation or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Cheerio Technologies Private Limited, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Cheerio Technologies Private Limited or its users to any harm or liability of any type;

  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

  3. violate any applicable local, state, national or international law, or any regulations having the force of law;

  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  5. solicit personal information from anyone under the age of 18;

  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  8. promote or aid in the building of a competitive product or service, copy the Service’s features or user interface, or solicit users or customers from the Service;

  9. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

  10. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Fees: To the extent a subscription, product or feature on the Service is made available for any fee, you will be required to select a payment plan and provide information regarding your credit card or other payment instrument that we may accept (“Payment Instrument”) to our Payment Processor (as defined below). We may require you to use a Payment Instrument and to make all payments in U.S. dollars or INR and we or Payment Processor may change the type of Payment Instruments that we accept for payment from time to time. You represent and warrant that the information you provide about your Payment Instrument is complete and true, and that you are authorized to use the Payment Instrument for each transaction that you request. By providing us or our Payment Processor with your Payment Instrument information, and authorizing a transaction through the Service, you authorize Cheerio Technologies Private Limited or our Payment Processor to charge your Payment Instrument for the full amount of the transaction (including any service fees), and to debit or credit your Payment Instrument as necessary to correct any errors. Should the transaction fail, we may retry the transaction up to two additional times, unless prohibited by applicable law. We reserve the right to reject any transaction or your use of any Payment Instrument for any reason not prohibited by law, and neither we nor Payment Processor will bear any liability for our inability or refusal to process any transaction. If any of the information you provide us or our Payment Processor about your Payment Instrument becomes inaccurate, or your Payment Instrument expires, you will promptly update your account information with any changes to your Payment Instrument information (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified in the payment plan you select in accordance with the terms of such plan and this Terms of Service.

If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Cheerio Technologies Private Limited (through Payment Processor) to charge your Payment Instrument in the amount and frequency set forth in the terms of the applicable payment plan, and you further agree to pay any charges so incurred. You may cancel your subscription and revoke your authorization for such payments by notifying us at admin@cheerio.in at least 3 business days prior to the next scheduled payment date. We offer refunds in selective cases as per our refunds policy, but if you dispute any charges, you must let Cheerio Technologies Private Limited know within sixty (60) days after the date that Cheerio Technologies Private Limited charges you. Since we offer digital subscriptions and digital content as premium content our shipping can be done immediately after payment. In the case that it's a webinar or workshop, shipping will be considered completely as of the day the workshop is scheduled. 

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We reserve the right to change prices on a subscription, product or feature you obtain or access through the Service. If Cheerio Technologies Private Limited does change prices on a subscription, product or feature, Cheerio Technologies Private Limited will provide notice of the change on the Site or in an email to you, at Cheerio Technologies Private Limited’s option, at least 10 days before the change is to take effect. If you do not agree to such change, you may cancel your authorization by discontinuing your use of the Service prior to the effective date of the change, and notifying us at least 3 business days prior to the next scheduled payment date. If you continue to use the Service after the price change becomes effective or you do not cancel your subscription at least 3 business days before the next scheduled payment date, you agree to pay the changed amount and authorize us (through Payment Processor) to charge your Payment Instrument for such changed amount according to the terms of the applicable payment plan, as amended.

User Transactions: The Service may allow you to send and receive fees, or otherwise transact, with other users on Cheerio (“User Transaction”). If you receive or seek to receive fees for any User Transaction, you agree that you are responsible for: (i) providing users disclosures required by applicable laws, including without limitation, (ii) ensuring that you have accurately and fairly described and presented the service or feature for which you are seeking fees, and the terms and conditions thereof, and further ensuring that you do not engage in unfair, deceptive, or abusive acts or practices (“UDAAP”); (ii) ensuring that you are not conducting or enabling any activities our Payment Processor (as defined below) has identified as a restricted business or activity in the list made available at https://stripe.com/restricted-businesses (collectively, “Restricted Businesses”); and (iii) determining, paying, and withholding all applicable Taxes (as set forth below). If you seek to charge or receive a fee or payment from another User through the Services, it is your responsibility to obtain that User’s authorization to charge their selected Payment Instrument for each transaction, in compliance with these Terms of Service, the Stripe Agreements, all applicable laws, and the requirements of any payment network that facilitates the transaction. You may not impose any fee or surcharge on any User that makes or requests to make a User Transaction.

Taxes: You have sole and exclusive responsibility to determine what, if any, taxes apply to transactions or the payments you receive in connection with your use of the Services (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct Taxes to the proper tax authority in the applicable jurisdiction. We are not obligated to, nor will we, determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority, arising from any User Transaction. Cheerio Technologies Private Limited retains the right, but not the obligation, at its sole discretion, to complete and file tax or related reports with tax authorities regarding transactions in those jurisdictions where Cheerio Technologies Private Limited deems such reporting necessary. You hereby indemnify and hold Cheerio Technologies Private Limited harmless from and against any and all liability related to Taxes and filings made by Cheerio Technologies Private Limitedin respect thereof. You agree that we may send you any tax-related information electronically.

Payment Processing: Notwithstanding any amounts owed to Cheerio Technologies Private Limited hereunder, Cheerio Technologies Private Limited DOES NOT PROCESS PAYMENT FOR ANY SERVICES. We are not a bank, payment institution, money transmitter, or money service business. If we do, you agree that the payment services you may access through the Service will be subject to the applicable terms and conditions of the successor payment processor, which shall be incorporated by reference herein. Cheerio Technologies Private Limited assumes no liability or responsibility for any payments you make through the Service.

Commercial Use:

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Cheerio Technologies Private Limited, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Cheerio Technologies Private Limited from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Cheerio Technologies Private Limited, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Cheerio Technologies Private Limited.

The Cheerio Technologies Private Limited name and logos are trademarks and service marks of Cheerio Technologies Private Limited (collectively the “Cheerio Technologies Private Limited Trademarks”). Other Cheerio Technologies Private Limited, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Cheerio Technologies Private Limited Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Cheerio Technologies Private Limited Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Cheerio Technologies Private Limited Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Cheerio Technologies Private Limited be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Cheerio Technologies Private Limited does not pre-screen content, but that Cheerio Technologies Private Limited and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Cheerio Technologies Private Limited and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Cheerio Technologies Private Limited, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Cheerio Technologies Private Limited and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Cheerio Technologies Private Limited are non-confidential and Cheerio Technologies Private Limited will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Cheerio Technologies Private Limited may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Cheerio Technologies Private Limited, its users and the public.

By using the Service, You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Cheerio Technologies Private Limited respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Cheerio Technologies Private Limited of your infringement claim in accordance with the procedure set forth below.

Cheerio Technologies Private Limited will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

In order to submit a notification of claimed copyright infringement under the DMCA, please send the following information to our Copyright Agent:

  • Identify the copyrighted work you believe has been infringed. If you want to report multiple works, please identify each one.

  • Identify the content on Cheerio you believe is infringing, including the information we need to find it, such as a URL. Please be as specific as possible and make sure you provide all of the information needed to locate the content.

  • Provide your mailing address, email address and telephone number.

  • Include both of these statements in in the body of your notice:

    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use).”

    • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed.”

  • Include your full legal name and your electronic or physical signature (for example, by typing your full name)

Send your completed notice to:

Email: admin@cheerio.in

 

Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Bangalore, Karnataka and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Cheerio Technologies Private Limited will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Cheerio Technologies Private Limited has adopted a policy of terminating, in appropriate circumstances and at Cheerio Technologies Private Limited's sole discretion, users who are deemed to be repeat infringers. Cheerio Technologies Private Limited may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Cheerio Technologies Private Limited has no control over such sites and resources and Cheerio Technologies Private Limited is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Cheerio Technologies Private Limited will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Cheerio Technologies Private Limited is not liable for any loss or claim that you may have against any such third party

In addition, Cheerio Technologies Private Limited is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Messaging services. As such, Cheerio Technologies Private Limited is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such messaging Services. Cheerio Technologies Private Limited enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, including for any fee disputes between you or any other user or for any User Transaction, and Cheerio Technologies Private Limited will have no liability or responsibility with respect thereto. Cheerio Technologies Private Limited reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Cheerio Technologies Private Limited and govern your use of the Service, superseding any prior agreements between you and Cheerio Technologies Private Limited with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Karnataka, India without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Cheerio Technologies Private Limited agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bangalore, Karnataka. The failure of Cheerio Technologies Private Limited to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Cheerio Technologies Private Limited, but Cheerio Technologies Private Limited may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

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