PRIVACY STATEMENT

This Privacy Statement explains how Mohalla.pk (“Mohalla” an area of a town or village; a community “us,” “our,” and “we”) uses your information and applies to all who use our Web site – www.mohalla.pk, mobile applications and social media assets (collectively, the “Site”). In addition, please review the Site’s Terms of Use, which governs your use of the Service among other things, grants of rights from you, limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions.

 

By using our Site, you agree to our Terms of Service and consent to our collection, use and sharing of your information and data, and other activities, as described below.

 

We may modify this Privacy Statement at any time. This Privacy Statement is organized as follows:

 

  • Types of Information We Collect.
  • Your Choices.
  • How Mohalla Uses Information.
  • When and Why Mohalla Discloses Personal Information.
  • How Mohalla Collects Information.
  • Security of Personal Information.
  • Accessing and Correcting Personal Information.
  • Social Networks.
  • Privacy Practices of Third Parties.

 

TYPES OF INFORMATION WE COLLECT

 

We will collect information, including Personal Information and Non-Identifying Information, when you interact with us and the Site, for example when you:

  • Access or use the Site;
  • Register, subscribe, or create an account with Mohalla.
  • Open or respond to our e-mails.
  • Refer friends, family, or others to Mohalla.
  • Contact customer service or use other customer support tools.
  • Provide information to enroll or participate in Other Programs provided on behalf of, or together with, Business Partners.
  • Visit any page online that displays our ads or content.
  • Purchase products or services on or through the Site.
  • Connect or link to any Site via social networking sites.
  • Post comments to Online Communities and provide information to our Merchants.

 

This Privacy Statement does not apply to the collection of information in any way other than as listed above.

 

YOUR CHOICES

 

We think that you benefit from a more personalized experience when we know more about you and what you like.  However, you can limit the information you provide to Mohalla, and you can limit the communications that Mohalla sends to you.

 

(a) Commercial E-mails

 

You may choose not to receive commercial e-mails from us by following the instructions contained in any of the commercial e-mails we send or by logging into your account and adjusting your e-mail preferences.  Please note that even if you unsubscribe from commercial email messages, we may still e-mail you non-commercial e-mails related to your account and your transactions on the Site. You may update your subscription preferences at any time.

 

(b) Cookies and Other Technologies

 

You may manage how your browser handles Cookies by adjusting its privacy and security settings.

 

We may also collect information on how our service is accessed and used (“Usage Data”).  This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our website that you visit, the time and  visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies: We use Session Cookies to operate our Service.
  • Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies: We use Security Cookies for security purposes.

 

Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available.

 

(c) Device Data

 

You may manage how your mobile device and mobile browser share certain Device Data with Mohalla, as well as, how your mobile browser handles Cookies by adjusting the privacy and security settings on your mobile device.  Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

When you first visit or use the Site we may request permission to collect and use your device’s precise geo-location.  You can opt not to permit the collection of this information, or permit it only when using the mobile app, but it may limit certain functions or features of the Site.  You can control how and whether we collect your precise geo-location information through your device’s settings.

 

HOW MOHALLA.PK USES INFORMATION

 

We use information collected as described in this Privacy Statement:

 

  • Operate, maintain and improve the Site and our services, and Other Programs.
  • Provide you with interest-based ads, push notifications, communications, and offers for products and services from us and participating Business Partners, including based on your precise geo-location.
  • Facilitate and fulfill orders placed on the Site and Other Programs.
  • Evaluate your eligibility for certain types of offers, products or services that may be of interest to you, and analyze advertising effectiveness.
  • Answer your questions and respond to your requests.
  • Perform analytics and conduct customer research.
  • Communicate and provide additional information that may be of interest to you about Mohalla and our Business Partners, sometimes by combining your information with information from Other Sources.
  • Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information.
  • Manage our everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use, or to comply with the law.

 

We also may use information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.

 

 

 

WHEN AND WHY MOHALLA DISCLOSES INFORMATION

We (or our Vendors on our behalf) may share your Personal Information as required or permitted by law.

 

  • With any Mohalla Affiliate who may only use the Personal Information for the purposes described in this Privacy Statement.
  • With our merchants to provide services for us and who are required to protect the Personal Information.
  • To report or collect on debts owed to us or our Business Partners.
  • With relevant Business Partners.
  • With whom we jointly offer products and services.
  • To facilitate a direct relationship with you, including in connection with any program we administer on behalf of the Business Partner.
  • To enable electronic communications with you as part of purchase, a sponsored reward, offer, contest, program, or other activity in which you have elected to participate.
  • To comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions.
  • To combat fraud or criminal activity, and to protect our rights or those of our Affiliates, users, and Business Partners, or as part of legal proceedings affecting Mohalla.

 

We encourage Business Partners to adopt and post privacy policies.  However, their use of Personal Information obtained through Mohalla is governed by their privacy policies and is not subject to our control.  We may also disclose non-Identifiable Information.

  • For the same reasons we might share Personal Information.
  • With Business Partners for their own analysis and research.
  • To facilitate targeted content and ads.

 

HOW Mohalla COLLECTS INFORMATION

 

You provide us with your Personal Information when you register, subscribe, create an account, make a purchase, or otherwise when you provide us with your Personal Information during your interaction with the Site and Other Programs. We also collect Personal Information when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting to an Online Community.

 

We also receive Personal Information and other online and offline information from Other Sources.  Mohalla will use such information in accordance with applicable laws. Such information, when combined with Personal Information collected as provided in this Privacy Statement, will also be handled in accordance with this Privacy Statement. We also use cookies, tags, web beacons, local shared objects, files, tools and programs to keep records, store your preferences, improve our advertising, and collect Non-Identifying Information, including Device Data and information about your interaction with the Site and our Business Partners’ web sites.

We use Cookies and Device Data that allow us to connect your Site activity with other information we store about you in your profile or as related to your interactions with the Site. For more information on how Mohalla uses Cookies, including instructions on how to opt out of interest-based advertising, please review our Cookies Policy.

Device Data may be collected automatically, and as soon as your device interacts with the Site and Mohalla, even if you are not logged into the Site using your device. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

We collect your location information, including precise real-time geolocation, such as through look up based on IP address, GPS, Bluetooth, or WiFi signals, consistent with your choice of mobile device settings. We may also collect the precise location of your device when the app is running in the foreground, background, or even if you are not directly using the application depending on your device and its settings. Your device, as well as the Mohalla mobile app, provides you with options to control how and when we collect your geolocation. You may be able to disallow our use of certain location data through your device or browser settings, for example, by disabling “Location” services for the Mohalla application in iOS privacy settings.

  1. SECURITY OF PERSONAL INFORMATION

 

Mohalla has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

  1. ACCESSING AND CORRECTING PERSONAL INFORMATION

You can access, update and delete your Personal Information you provided to us, as described below, by managing this information through your online account or sending us an email at [email protected] You can update or remove Financial Account Information as well. Keeping your Personal Information current helps ensure that we, our Affiliates and Business Partners offer you the offers that are most relevant to you.

If you want to deactivate your Mohalla account or have other questions or requests, please contact us. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases on the Site for financial reporting and compliance reasons.

We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. If you wish to deactivate your account or request that we no longer use your Personal Information to provide you services contact us at [email protected] We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  1. SOCIAL NETWORKS

Social Community Areas

The Site may be accessible through or contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and submit media content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post may be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected, and used by others. We recommend that you do not post any Personal Information in the social community areas.

 

Social Networks

You may log in to the Site using certain social network credentials. To manage the sharing of certain Personal Information with us when you connect with us through social networking platforms or applications, refer to the privacy policy and settings of the social networking website or application.

By proceeding through any of the above steps, you grant Mohalla permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Statement.

 

  1. PRIVACY PRACTICES OF THIRD PARTIES

 

This Privacy Statement only addresses the use and disclosure of information by Mohalla through your interaction with the Site. Other websites that may be accessible through links from the Site and Other Programs may have their own privacy statements and personal information collection, use, and disclosure practices. Our Business Partners may also have their own privacy statements. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.

Non-Identifiable Information means information that alone cannot identify you, including data from Cookies, Pixel Tags and Web Beacons, and Device Data. Non-Identifiable Information may be derived from Personal Information.

Online Communities means, collectively, our social networking pages or accounts, forums, bulletin boards, discussion groups, chat rooms or other methods of communication that may be offered on or linked through the Site.

Other Programs means special programs, features and functionality on our Site or other co-branded websites with Business Partners that we reasonably control and that have special use terms applicable to such special programs, features and functionality.

Other Sources means sources of information that legally provide Mohalla with your information, and which are outside the scope of this Privacy Statement at the time of collection.

 

Personal Information means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. This includes the following types of information:

  • Contact Information: your name, postal addresses, email addresses, social networking website user account names, telephone numbers, or other addresses at which you are able to receive communications.
  • Relationship Information: information you provide that enables us to determine lifestyle, interests, and activities, including location information related to your state/province, city, or neighborhood; areas of interest, the types of deals that interest you, information collected through your interactions with social networks, demographic information (e.g., birth date, age, gender); information about persons for whom you have purchased Mohalla vouchers as gifts or who have bought Mohalla vouchers as gifts for you; and information about friends who refer you or whom you have referred.

 

  • Transaction Information: information you provide when you interact with us and the Site, such as the Mohalla vouchers you are interested in, purchase and redeem; email and other communications; and how you interact with Business Partners and our Vendors; and
  • Financial Information: information collected from you as needed to process payments for Mohalla vouchers or other products or services that you buy, or as provided by you to administer your participation in optional services and programs, such as your payment card number, expiration date, and card verification number.

Pixel Tags and Web Beacons mean tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions.

Third-Party Ad-Servers means Vendors and other third parties that provide the technology to place ads on websites and track ad performance.

Vendors means, collectively, third parties that perform business operations on behalf of Mohalla, such as transaction processing, billing, mailing, communications services (e-mail, direct mail, etc.), marketing, data processing and analytics, servicing, collections, ad management, or information technology services.

 

For further assistance please contact  [email protected]

 

 

 

 
TERMS OF USE

 

By entering your email, logging into your account, or accepting notifications, you agree to receive personalized Mohalla updates. You may unsubscribe at any time.

Welcome to the Mohalla Site (defined below). By using it, you are agreeing to these Terms of Use (defined below).

ACCEPTANCE OF TERMS OF USE

 

Mohalla, Inc. (“Mohalla” an area of a town or village; a community “us,” “our,” and “we”) owns and operates the website, www.mohalla.pk, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, “Site”).

 

(a). Using the Site and Mohallas  services through the Site.

(b).  Signing up for an account and/or you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, incorporated herein by reference and located at https://www.mohalla.pk/privacy (“Privacy Statement“), and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates.  The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use.”  The term “using” also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY MOHALLA SERVICE, AND PARTICIPATE IN ANY PROGRAM.

 

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY:

 

(A). DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN.

(B). LIMITATION OF LIABILITY.

(C). INDEMNIFICATION/RELEASE.

 

 

 

 

 

1.  ABOUT THE SITE

 

The Site is a platform through which community can get access to fulfill their needs and get the information about any particular need that people require.  Community individual can get consultation to resolve their problems and to fulfill their needs.  They can get certain merchants, display, discounts for goods, services, or experiences,  discount cards, display travel goods and services, display goods and services directly to you, display dining experiences, reservations,  display food, beverage and other products for delivery and takeout, online Ordering,  display salon and spa services for specific dates and times, Salon and Spa Bookings, merchant Offerings.  Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided.

2. OWNERSHIP OF THE SITE

 

The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to us. By using the Site and accepting these Terms of Use: (a) Mohalla grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by Mohalla and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of Mohalla.

3. USE OF THE SITE

 

As a condition of your use of the Site, you agree that:

  • You have reached the age of majority in the state or province in which you reside;
  • You are able to create a binding legal obligation;
  • You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;
  • Your use of the Site will at all times comply with these Terms of Use;
  • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete;
  • You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,

 

 

4. ACCESS TO THE SITE

 

Mohalla retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

5. MODIFICATION

 

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.

6. YOUR ACCOUNT

 

You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information.

The Site may permit you to make purchases without an account or without logging in to your account. If you make a purchase in this manner, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information).

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use will cause your account to fall out of good standing and we may cancel your account in our sole discretion.

 

 

7. YOUR CONDUCT

 

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account.

The following activities are prohibited on the Site and constitute violations of these Terms of Use:

  • Submitting any content to the Site that:
  • Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
  • Contains viruses or malware.
  • Offers unauthorized downloads of any copyrighted, confidential, or private information;
  • Has the effect of impersonating others.
  • Contains messages by non-spokesperson employees of Mohalla purporting to speak on behalf of Mohalla or provides confidential information concerning Mohalla.
  • Contains chain letters of any kind.
  • Is purposely inaccurate, commits fraud, or falsifies information in connection with your Mohalla account or to create multiple Mohalla accounts.
  • Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
  • Attempting to do or actually doing any of the following:
  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.
  • Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
  • Scanning or testing the security or configuration of the Site or breaching security or authentication measures.
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site.
  • Using any of the following:
  • Frames, framing techniques, or framing technology to enclose any content included on the Site without our express written permission;
  • Any Site content, including, without limitation, User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
  • The Site or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Mohalla.
  • The Site or any of its resources to solicit consumers, Merchants, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Mohalla, including, without limitation, aggregating current or previously offered deals.
  • Collecting any of the following:
  • Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
  • Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below), or content of any consumers or Merchants.
  • Engaging in any of the following:
  • Tampering or interfering with the proper functioning of any part, page, or area of the Site or any functions or services provided by Mohalla.
  • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion).
  • Accessing, monitoring, or copying any content from the Site using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
  • Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
  • Hyperlinking to the Site from any other website without our initial and ongoing consent; or
  • Acting illegally or maliciously against the business interests or reputation of Mohalla, our Merchants, or our services.

8. YOUR PRIVACY

 

We take the privacy of your Personal Information (defined in the Privacy Statement) seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in and subject to these Terms of Use, and available here.

9. COPYRIGHT AND TRADEMARKS

 

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the Pakistan.  Mohalla owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Mohalla or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

 

Other marks on the site not owned by Mohalla may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Mohalla unless otherwise stated, or may be the property of their respective owners. You may not use Mohalla’s  name, logos, trademarks or brands, or trademarks or brands of others on the Site without Mohalla’s express permission.

10. USER CONTENT

 

The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a Mohalla account to submit User Content.

If you contribute any User Content, you will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Mohalla does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content.  If you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.

 

Mohalla shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by Mohalla, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Mohalla shall have the right to remove any material from the Communities or any other Mohalla controlled sites, in its sole discretion.  Mohalla assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere.  Mohalla has no obligation to use User Content and may not use it at all.

 

In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account.  Mohalla makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

  • Public Nature of Your User Content
  • You understand and agree that User Content is public. Any person (whether or not a user of Mohalla’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed.  Mohalla is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
  • Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Mohalla. Other users may post User Content that is inaccurate, misleading, or deceptive.  Mohalla does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Mohalla.  Mohalla does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.
  • License Grants.
  • As between you and Mohalla, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Mohalla a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Mohalla’s license in any User Content or Personal Information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.
  • Contributing User Content or other information on or through the Site, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over the age of majority in the state or province in which you reside. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.

11.  COMMUNICATIONS

 

When you use the Site or send emails to Mohalla, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

12. INDEMNIFICATION/RELEASE

 

You agree to defend, indemnify, and hold harmless Mohalla, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.

 

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Mohalla from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.

13.  ADDITIONAL DISCLOSURES

 

No waiver by either you or Mohalla of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

 

The provisions of these Terms of Use apply equally to, and are for the benefit of, Mohalla, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.