Terms & Conditions

Thank You for using TheRich!

 

These Terms of Service ("Terms") govern your access to and use of TheRich’s application, products, and services (“Services”). Please read these Terms carefully, and by accessing or using our Services, you agree to be bound by these Terms, by our Privacy Policy. Kindly note that you may access and/ or use TheRich and/or its offered products and/ or services only if you hereby accept to our Terms and Disclaimers if any stipulated herein.

 

1. Who Can Use TheRich

It is agreed that currently, you can only use TheRich as an individual for personal use. You cannot create an account on behalf of your business, company, organization or any other entity. TheRich does not allow you to use your account for any commercial activity/s including, but not limited to promotion of any goods and/ or services, posting advertisements and/or posting content with a motive of earning profit and/or doing any sort of business of any nature on TheRich.

 

2. Your TheRich Account

By signing up for a TheRich account, you hereby acknowledge and agree that:

 

I. You should be at least 13 years of age while opening an account with TheRich. TheRich shall not be liable in case of false information being given about the age by the User and the User alone shall be liable for the same as per the law of the country to which the user belongs and/or as per the law of the country in which the user has access to TheRich.

II. You will create an account only for yourself and not on behalf of another individual.

III. You will not create more than one personal account.

IV.. You will not impersonate yourself to be someone else. In the event you impersonate yourself to be someone else, TheRich shall not be responsible for such impersonation.

V. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

VI. You will provide us with accurate, current and complete information about yourself and keep this information up-to-date at all times. If TheRich has a reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, TheRich reserves right, in its sole and absolute discretion, to suspend or to terminate your Account.

VII. You will not create an account if you have been convicted of an offence involving moral turpitude.

VIII. You further agree and acknowledge that you are solely responsible for maintaining the confidentiality of your password and/or your account and for restricting access to your account by setting privacy settings so that save and except those users whom you allow to view your account no other User/s can view the same. For further information, kindly refer to our Privacy Policy

It is agreed by you that if in the event your password is hacked and/or leaked and/or if your password is disclosed to anyone else TheRich shall not be responsible and/or liable in that case. For the safety of your account information TheRich advises you to change your password frequently.

TheRich reserves right to terminate your account and deny access of TheRich to any person who violates these Terms and/or Privacy Policy and/or Fair Use Policy.

In the event you refuse to accept these terms and/ or privacy policy and/ or Fair Use Policy you shall stop using TheRich immediately.

 

3. Advice

It is agreed by you that no oral or written information or advice provided by TheRich, its officers, employees, or agents will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice for making any decision or abstaining from making any decision.

 

4. License

TheRich gives you a personal, worldwide, limited, royalty-free, non-assignable, non-transferable, non-exclusive and revocable license to use the software provided to you by TheRich as part of the Services. This license is only for the purpose of enabling you to use and enjoy the Services provided by us, in the manner permitted by these terms.

 

5. Your Content in Our Services

I. TheRich’s service allows you to post and share content, including photos, videos, text and links. You retain all rights in, and are solely responsible for, the content you post to TheRich.

II. You grant TheRich and its users a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, host, store, display, reproduce, repost, communicate, publish, modify, create derivative works, perform, and distribute your User Content, when you upload or post content on TheRich.

- You acknowledge and agree that you give the aforesaid rights to TheRich solely for the purposes of operating, developing, providing, sharing, and using the TheRich Services.

- These Terms shall not restrict other legal rights TheRich may have for the User Content. TheRich has right to remove or modify Fair Use Policy for any reason whatsoever if TheRich is of the opinion that User Content posted or uploaded on TheRich violates these Terms or our privacy policies and other policies. This license continues even if you stop using our Services.

 

6. Monitoring of Content

I. TheRich may monitor any User Content if we have good reason to believe that a person is violating our Fair Use Policy.

II. If any content posted by you or by any other User on your page on TheRich does not comply with these terms and conditions and nor does it comply with the Information Technology Act, 2000 any act or any other Law for time being in force in India, then TheRich may remove such content at its sole discretion.

III. If TheRich has a reason to believe that the User is a repeated offender then TheRich may also terminate a User’s access to this Site. If TheRich terminates your access to this application, TheRich may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers and you agree and acknowledge that you shall not hold TheRich responsible and/or liable for removing or deleting such information.

 

7. While Using TheRich

You acknowledge and agree that:

I. You will comply with the Information Technology Act, 2000 or any other law for the time being in force in India and all other local, state, national and international laws, rules and regulations of the country of which you are a citizen and/or country in which you are accessing TheRich, while uploading any content including but not limited to photos, videos, status’ or comments.

II. You must not attempt to restrict another user from using or enjoying the Service and you must also not encourage or facilitate violations of these Terms, Privacy Policy, Fair Use Policy and/or any other TheRich terms.

III. You agree and acknowledge that you shall not promote, engage or encourage any illegal activity, cyber terrorism, Obscenity, pornography, fraud or misrepresentation arising from such content or shall not post any content contrary to India Law or infringement of copyright of TheRich or any users, invade privacy of other users, and their publicity rights or shall not violate the Information Technology Act 2000, or any other law for time being in force in India. In case of breach of any of terms aforementioned TheRich shall not be responsible and/or liable and TheRich shall reserve a right to remove such content/s at its Sole discretion.

IV. You agree that you will not solicit, collect or use the login credentials and/or personal information of other TheRich users.

V. You agree and acknowledge that you shall not interfere with the operation of TheRich or its services or commit any act which will upload or transmit any virus, worms, bugs, trojans or any other harmful content which will descript or damage the functionality of TheRich or its software.

VI. You also agree that you shall not de script or interfere with or harm or violate the security of TheRich or any of its services, system resource, source code, accounts, passwords or networks connected to or accessible through TheRich or any linked sites, if any.

VII. You must not create or submit unsolicited email, comments, stars or other forms of commercial or harassing communications or spams to any TheRich users.

VIII. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or TheRich.

IX. You will not use any code language or deceptive language that will arise suspicion. In case TheRich feels that a language is deceptive or coded, TheRich shall at its sole discretion, intimate to the Cyber Law Department of India.

X. You agree to take back-up of all your User Content so that you can access and use it when needed. TheRich does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

XI. You shall not post any objectionable content or comment which is defamatory or any information that is grossly offensive or has menacing character; or any information which you know is false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will to other Users. You agree and acknowledge that TheRich shall not be responsible and/or liable if you do the same.

XII. You shall not post any comment or upload any photo which threatens or intends to threaten the unity, integrity, security or sovereignty of India or cause injury to the friendly relations with Foreign States, public order, decency, or morality, or in relation to Contempt of Court, defamation or incitement to an offence. You agree and acknowledge that TheRich shall not be responsible and/or liable if you do the same.

XIII. You shall not discriminate on the ground of race, religion, national origin, gender, age, martial status, sexual orientation or disability or refer to such matters prohibited by law. You agree and acknowledge that TheRich shall not be responsible and/ or liable for such discrimination.

 

8. Privacy

At TheRich, we take user privacy extremely seriously. You agree and acknowledge that you have read our Privacy Policy and you are bound by these terms and conditions and also conditions set out in our privacy policy. Authorized employees within the company on a “need to know” basis only shall use any information collected from individual Users for monitoring whether any breach of these terms and/or privacy policy is committed by the Users. We constantly review our systems and data to ensure the best possible service to our Users. We will investigate any such actions with a view to prosecuting and/or take civil and/ or criminal proceedings to recover damages against those responsible for breaching the privacy policy and/or these terms only to the extent where TheRich will be personally responsible and/or liable and not to the extent where there is a conflict between the Users for passing any defamatory remarks, libel or slander or uploading any photos or videos, and you accept and agree to the same. For more information, read our Privacy Policy.

 

9. Copyright

I. Your Copyright Content:

- By uploading any photos and/ or story and/ or comments you represent and warrant that you own or otherwise control all of the rights of the content that you upload and that it is accurate and that it does not violate these terms or any law for time being in force in India and that it will not cause any inquiry to any person/s or entity. You grant TheRich a royalty – free, perpetual, irrevocable, non – exclusive right and license to use, copy, display, all information you provide to us in any public area of TheRich in any form. You agree and acknowledge that TheRich claims no ownership or control over any Content submitted, posted or displayed by you.

- You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.

- If you believe that somebody is violating your copyrights and you want to notify us, you can immediately write to us at relations@therich.com.

- We may remove any of your content if we believe that it may have been infringed upon someone else’s copyright, you can write to us at relations@therich.com.

- You agree and accept that TheRich shall not be responsible in case of any of infringement of your copyright or trademark and the law applicable in case of such infringement of copyright or trademark shall be the Country in which the User is a resident or the Country in which trademark or copyright is infringed.

II. Other’s Copyright Content:

- You will not use any material or information, including but not limited to photos or videos, which are uploaded on TheRich by the users in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any user of TheRich.

- If you repeatedly infringe other people's intellectual property rights, we will disable your account, and when appropriate, delete your account permanently.

 

10. Modification

I. TheRich shall, at its own discretion have the right to change, modify, add or remove these terms at any time without notice. Changes shall also be prospectively. TheRich shall have the right at any time to change or discontinue or modify any aspect of its application. Such changes and/ or modifications and/ or additions and/ or deletions shall be effective immediately upon posting the same on TheRich and any subsequent use of TheRich shall be deemed to have accepted such changes, modifications, additions or deletions.

II. If you choose not to use any of our services you may do so by unsubscribing such service or by deleting or deactivating your account.

III. If you violate these terms or otherwise create risk of possible legal proceeding, your account shall be temporarily and / or permanently closed or services utilised by you shall be temporary and/or permanently discontinued. We shall notify you by email and shall also give you advance notice of 10 days to access your data and other information and a chance to retrieve information out of that account and / or Service. Kindly note if the termination of account and / or service shall be owing to your decision simply to delete the account and/or services TheRich shall not give any advance notice to access your data and other information and at once after you terminate your account with us we will delete all your data.

 

11. Transfer of Data Abroad

If you are visiting TheRich from a country other than the country in which our server is located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting the application and communicating electronically with us and by accepting terms and conditions, you consent to such transfers.

 

12. Disclaimer of Representations and Warranties

You specifically acknowledge and agree that your use of this application shall be at your own risk and that this application is provided on “as is” and “as available”. TheRich, its officers, employees, and agents disclaim all warranties, statutory, express or implied. TheRich’s officers, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this application, (ii) the accuracy, completeness, or any content of any sites/applications linked (through hyperlinks, banner advertising or otherwise) to this site/application, and/or (iii) the services found at this application or any sites/applications linked (through hyperlinks, banner advertising or otherwise) to this site, and TheRich assumes no liability or responsibility for the same.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site.

 

13. No Spam

It is agreed by you that TheRich has right to immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

 

14. Limitation of Liability

In no event shall TheRich, its officers, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:

I. the accuracy, completeness, or content of this application,

II. the accuracy, completeness, or content of any sites/applications linked (through hyperlinks, banner advertising or otherwise) to this application,

III. the services found at this application or any sites/applications linked (through hyperlinks, banner advertising or otherwise) to this application,

IV. personal injury or property damage of any nature whatsoever,

V. third-party conduct of any nature whatsoever,

VI. any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,

VII. any interruption or cessation of services to or from this application or any sites/applications linked (through hyperlinks, banner advertising or otherwise) to this application,

VIII. any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from this application or any sites/applications linked (through hyperlinks, banner advertising or otherwise) to this site,

IX. any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or

X. any loss or damage of any kind incurred as a result of your use of this application or the services found at this application, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not TheRich is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these terms and conditions or your use of this application.

 

15. Confidentiality

You agreed that at TheRich your records are regarded as confidential and therefore will not be divulged to any third party, save and except the Cyber Crime Department of India or any other appropriate authority under the Information Technology Act, 2000 (“the said Act”) if legally required to do so. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by TheRich will only be in connection with the provision of agreed services and products.

 

16. Changes to Application, Website, Software And Services

TheRich reserves the right to:

I. change or remove (temporarily or permanently) this application or any part of it without notice and you confirm that TheRich shall not be liable to you for any such change or removal.

II. change this Agreement at any time, and your continued use of the application following any changes shall be deemed to be your acceptance of such change.

 

17. Links to Third Party Applications/Websites

TheRich may include links to third party website's that are controlled and maintained by others. Any link to other website is not an endorsement of TheRich and you acknowledge and agree that we are not responsible for the content or availability of any such sites. If you do create a link to a page of this application, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this application by linking to it. We encourage our users to be aware when they leave our application & to read the privacy statements of these sites/applications. We advise you to evaluate the security and trustworthiness of any other site connected to this application or accessed through this application yourself, before disclosing any personal information to them. It is agreed by you that we will not be responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

18. TheRich's Intellectual Property Rights

You acknowledge that TheRich owns all right, title and interest in and to the Services, including all intellectual property rights (the "TheRich Rights"). TheRich’s Rights are protected by Indian intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services offered by TheRich. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Site. As described immediately below, TheRich’s Rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services.

The Intellectual Property Rights in this application and the materials on or accessible via it belong to ‘TheRich' or its licensors. This application and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this application).

TheRich’ and the TheRich Logo are trademarks, which belong to 'TheRich' and they may not be used, copied or reproduced in any way without written consent from 'TheRich'. For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered) and registrations of and applications to register any of them.

19. Log Files

IP addresses are not linked to personally identifiable information. The IP address is only used by TheRich on “need to know” basis to administer the site, gather broad demographic information for aggregate use, analyse trends, track user’s movement and it is also used for detecting usage patterns and troubleshooting purposes and for systems administration. Our Web servers also automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. We do not use this information for any other reason except for the reason mentioned above. In the event we need to utilise this information other than the purpose mentioned above we shall take your prior written consent. However, we do not share this information with the third parties save and except in cases where the Cyber Law Department of India requires information of the IP address/s of any User under the Information Technology Act, 2000 or such other Act for the time being in force in India.

 

20. Cookies

Cookies are used in some areas of our application to enable the functionality of this area and ease of use for those people visiting. Kindly note that the cookies we use to retrieve user details in only for our functionality and “need to know” basis we do not part this information to any third parties save and except in cases where the Cyber Law Department of India requires any information of any User/s under the Information Technology Act, 2000 or such other Act for the time being in force in India.

 

21. Indemnity

You agree to protect, defend, indemnify and hold harmless TheRich and its officers, employees, and agents indemnified, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature whatsoever imposed upon or incurred by TheRich directly or indirectly arising from:

I. your use of and access to this application;

II. your violation of any provision of these Terms and Conditions or the policies or agreements which are incorporated herein;

III. your violation of any third-party right, including without limitation any intellectual property or other proprietary right and/or

IV. and for any violation of law of the country you belong to or of the country from where TheRich’s contents are being accessed.  The indemnification obligations under this section shall survive any termination or expiration of these terms and conditions or your use of this application or the Services found at this application.

 

22. Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

 

23. Applicable Law and Dispute

These Terms & Conditions, Privacy Policy and Fair User Policy will be governed by and construed in accordance with the laws of the India, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services provided by TheRich will be brought solely in India and Courts in Mumbai alone shall have exclusive jurisdiction and you consent to the jurisdiction of such courts.

Where TheRich is accessed outside the territories of India, then if there is any breach of any of the terms of this agreement or privacy policy or Fair User Policy then also the agreement would be governed by the concerned law of India in respect to copyrights, trademark, patent, IT ,Arbitration and any other law prevailing in India at the relevant time (“Indian law”) unless both the parties to these terms, in such circumstances accept the law of the country where the breach is committed . If either of the party to this agreement does not accept the law of the Country where breach is committed, then the disputes will be settled and/or governed by the Indian Law as prevailing at the relevant time. The agreement shall be accepted as duly executed in Mumbai, India as the TheRich being one of the party executing the agreement in Mumbai, India. The Indian Law will apply in case of disputes or differences arising between the parties hereto are referring to Arbitration under the Indian Arbitration and Conciliation Act,1996.

 

24. Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

 

25. Entire Agreement

This terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions by TheRich and you agree that you shall have no remedy on account of any misrepresentation, which has not been made expressly in this Agreement.

 

26. Membership

  • TheRich has three membership options. 3 months, 6 months and 12 months. Member’s membership commences from the date of his/her purchase.

  • Membership will auto renew unless the same is manually cancelled by the member.

  • Member’s account will be deactivated, i.e., the member will not be able to use any of the functions in the app as well as the privilege of using Google’s services if subscription period ends.

  • Inactive accounts are not deleted from our servers and a member can start using his/her account again after subscribing.

 

 

27. Trial period

  • A trial period of 1 week is offered to users who select the 1-month subscription option.

  • Users will not receive benefits such as the welcome gift or Google account during this trial period. However, if the user continues with the subscription after the trial period, aforementioned benefits will be provided.