TERMS & CONDITIONS

Copyright 2020 Kabala Digital Future Private Limited All Rights Reserved.

At Kabala Digital Future Private Limited brings you the TingTingU (“TTU”) application which installs an alternate Phone Call handling program, plays audio and/or video content and images on Incoming-Call, Outgoing-Call and Call In-Progress screens. By subscribing to this TTU app, in consideration for the playing of video and/or audio content, the application rewards You with daily credit points which can be redeemed towards mobile phone provider services and DTH recharges.

On signing up/subscribing to/logging on to TTU application on a mobile phone and any other device, the following Terms & Conditions are accepted and agreed to by You:

1. "Us/We/Our/Company" shall mean Kabala Digital Future Private Limited, having its registered office at Flat no 13 , Sagar apartments , 6 Tilak Marg , New Delhi 110001 (“Kabala”) and using the Service Mark “TingTingU” and/or “TTU” and (hereinafter referred to as “TTU”) to govern your engagement with and usage of Kabala’s TTU services, facilities and online and/or offline programs offered through its application (“TTU app”) via the mobile, or any other device. "You/Your" shall mean You: the customer (i.e. any person or organization or institution to whom We and Our service providers agree to provide services at cost or free of charge, as the case maybe).

2. Acceptance of Terms: You shall be deemed to have agreed to and accepted these Terms & Conditions (and future modifications) if You Sign Up/ Subscribe for TTU website/app through its website/ application across any device or platform.

   By signing up/subscribing, You have confirmed that you are above the age of 18 (eighteen) years and acknowledged that You have read & understood Terms & Conditions completely and agree to abide by them. You agree to comply with the applicable local laws, of the territory where you are located and for the use of the TTU website/app and We shall not be responsible for any violation of laws by You.

   You are hereby prohibited to reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell software or any Content made available to you on TTU app website/app for any commercial purposes or self fulfilling financial gain.

3. Registration & Charges: For the purposes of using all the functionalities of TTU app including but not limited to accessing resources, viewing Content, reports, submitting outcomes and receiving feedback you shall be required to register yourself when downloading the TTU app by creating a username and a password. For the purposes of securing your registration, you shall be required to share certain details including, but not restricted to, Your name, age, sex, email address, and phone number, city and Pin Code.

   Kabala may at any time decide on its sole discretion and authority to impose and/or change the non-refundable monetary charges for the use of the TTU app website/app by You. The amount of these monetary subscription charges shall be intimated to You either during the Sign Up/Subscription, purchase process, and/or on logging in, or subsequently by an e-mail or SMS or a notice within the TTU app as and when applicable. The subscription charges may be periodic and any non-payment of such charges at the time of renewal would lead to the expiry or deactivation of Your account. You are at liberty to not pay the monetary subscription charges due but You then accept that TTU shall in such event, have complete and sole right to discontinue your Subscription/membership/usage of the TTU app and delete/deactivate your account such that all data stored by You on the TTU app or with TTU shall be irrevocably lost upon any such expiration/deactivation of the account.

   You are required to remember your username and password details and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the "forgot username/password" option on the TTU app.

4. Conditions for being a Member/User

   Every member/customer/user of TTU App on viewing these colourful videos and still messages will get credit points everyday which can be redeemed under following conditions :

   1. The credit points can be redeemed only from the TTU App which requires active account on user’s phone number. In case user no longer have access to the phone number (due to surrender of phone number to operator) then the user would not be able to redeem the balance points. Company would not be liable for loss of any such wallet point balance.

   2. User cannot claim Credit point amount until he/she is not completed 150 active days with TTU app.

   3. Credit points are non-transferable.

   4. The User would earn daily credit points only if he/she is an active TTU user with active internet connection.

   5. If User redeems his Credit points to any wrong mobile number/DTH recharge then Kabala will not be able to reverse such transactions.

   6. Rate of earning of daily credit points in the user wallet can be changed at any time by the Kabala except that the earning can be stopped or started as per company policy.

   7. Credit points can be used for purchasing product and services offered by Kabala and any affiliated third parties from time to time through the app.

   8. This application is valid only for Indian phone numbers.

   9. Kabala may appoint agent(s) to help in enrolling new users to TTU App on commission bases however agents would not be allowed to charge anything from the User for TTU subscription/ registration.

5. Content: On signing up/subscribing to/logging on to/use of the TTU app You will be provided with the videos and images displayed which have social, educational and commercial messaging content, which the user can invariably view/listen to during the process of receiving a call, making an outgoing call or while being on a call. The displayed content keeps on changing and the content shown is custom suited for you based on your user profile that you provide in the app.

6. The videos and images are displayed with/without the audio component so that the normal phone ringtone may or may not be disturbed.

7. The TTU call handler provides you the useful details of the last incoming, outgoing or missed call on an image popup after every call. It can show You the name of the last caller even if that caller is not in Your contact list but is a registered TTU user. You agree that Your location services may be shared on the TTU app.

8. Records

   1. The Kabala website/app will have access to information stored on your mobile phone, including but not limited to Your contact list, Call logs (both incoming and outgoing) (“User Records”).

   2. Assessment reports including any other information and/or document of generated through any of the Assessments and/or any activity undertaken by You either online or offline or otherewise. (“Assessment Records”).

      The User Records and the Assessment Records is hereinafter collectively referred to as the

      “Records”.

   3. Your Records are created only after you have signed up and explicitly accepted these Terms.

   4. The TTU app uses industry level security and encryption to your Records. However, the TTU app does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised.

9. Assessments and Reports

   1. TTU app will have analysis of phone data including but not limited to call logs with time duration of calls beginning and ending , time spent on reading and viewing our notifications on our app, time and date of the user going to hyperlinks through TTU app, account of points being encashed and account of Mobile services used for recharging of mobile etc., any personal data shared by the user for getting better personalised services from the TTU app is with the express consent of the User. You hereby grant your consent to such data being used for assessment and reports.

   2. TTU App Kabala website/app will be displaying audio and/or video content that may be commercial or social from third parties such that Kabala has the licence to display such content.

10. Copyright & Trademark: The Content of the TTU app and its website is owned by Kabala. All right to, title and interest in the content available via the TTU app and website trademarks, service marks, and trade names displayed on TTU website/app, and the Web Site URLs, are the property of Kabala and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

11. Cancellation & Refund Policy: Should You wish to cease using the TTU app / Website please reach

    out to Kabala’s support team or write to us at Info@Kabala.in.

12. Consent to receive Content & Promotions: the TTU website/app that can be accessed via the mobile phone, and any other device You give Your explicit consent to receive Content as well as promotional offers from Us and our clients from time to time on Your registered e-mail Id and registered mobile number either by email, calls, SMSs, WAP Pushes as well as by various other means not mentioned here, regardless of whether You are registered on the Do Not Call Registry or with any other such government / regulatory mechanism / body / platform / service. You agree that You cannot in any manner whatsoever bring any legal charges against TTU app owned ,operated by Kabala Digital Future Pvt ltd or any of our clients for any Content or promotional offers that may be offered to You or accessed by You from time to time.

13. Personal Information: You hereby give your explicit consent that any personal information, contact details, feedback data, Records or the like, which You send to TTU app or its affiliates will be treated as being non-confidential and non-proprietary in relation to the services being provided by TTU app via website/app, and maybe collected, stored, used, processed, transferred between jurisdictions, unless such consent is expressly revoked. More information on the collection and processing of Your Personal Information is contained in the Privacy Policy.

14. Limitation of Liability: To the fullest extent permissible by law TTU app owned and operated by Kabala or our partners, parent, subsidiaries, affiliates, officers, directors, agents, and employees disclaim all possible warranties over the Content available on the the TTU website/app. Kabala makes no guarantees, nor can Kabala be responsible for the quality, accuracy, reliability compliance or legality over any of the Content on the TTU website/app procured by its Partners. TTU app owned and operated by Kabala is not liable for any kind of damages, injury or loss of any nature whatsoever resulting from Content from its users or clients . Further, TTU App does not make any warranty that

    Content will meet Your requirements, or that access to the Content will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. IT IS FURTHER CLARIFIED THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE EMAIL/APPLICATION/SMS IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, COMPUTER SYSTEM, DEVICES OR LOSS OF DATA THAT RESULTS FROM THE RECEIVING OF SUCH CONTENT.

15. TTU app is a facilitator in providing access via the TTU /app is showing you colorful videos and images on Incoming-Call, Outgoing-Call and Call In-Progress screens. The videos and images displayed have social, educational and commercial messaging content, which the user can invariably absorbs during the process of receiving a call, making an outgoing call or while being on a call. The displayed content keeps on changing and the content shown is custom suited for you based on your user profile that you provide in the app.

    The Content of TTU app on your mobile phone screens is purely social, educational and also commercial in nature and TTU app does not provide any guarantee or responsibility of any kind for the results and outcomes that the user may deem to use the exhibited information for his /her use .

    In no event shall TTU app or our users undertake any responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the content available via the TTU app

    . 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.

    Additionally, in no event shall TTU app Kabala and or our clients be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the Kabala website/app

    ; (2) unauthorised access to or alteration of Your transmissions or data; (3) the statements or conduct of any third party on the mobile application; or (4) any other matter relating to the Kabala website/app

    . These limitations will apply whether or not Kabala has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. You shall not be entitled to specific performance of any of the Terms herein.

    These limitation of liability obligations will survive any termination of these Terms & Conditions.

16. Indemnification: You agree to indemnify and hold Kabala and (as applicable) its partners, service partners, parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of the Terms & Conditions, Your violation of any law, or Your violation of the rights, contractual or otherwise, of any third party. These obligations will survive any termination of the Terms & Conditions.

17. Complaints & Suggestions: Should You have any complaints and/or suggestions, please email us at info@kabala.in.

18. Governing Law & Disputes: Any disputes, differences and/or any other matters in relation to services provided by the TTU website/app and/or pertaining to these Terms & Conditions shall be governed by and construed in accordance with the laws of India. The Parties hereby subject themselves to the exclusive jurisdiction of the courts at New Delhi.

We reserve the absolute right to revise these Terms & Conditions which are subject to change without (i) any prior notice, (ii) assigning any reason or (iii) any liability whatsoever. Please refer to the terms & conditions for

the updates. We have no obligation to individually intimate each customer or service provider in relation to such changes.

By Setting-up an Account/Subscribing to and/or Logging on to and/or Using the TTU website/app , You confirm that you are over the age of 18 (eighteen) years and acknowledge that you have read and understood these Terms & Conditions and the Privacy Policy (you agree to be bound by them and to regularly check for any amended Terms & Conditions).