Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and a dispute resolution clause at point no. 19 in this Terms of Use that provides for mandatory arbitration and waiver of class actions.

This Terms of Use also includes Buzzinga’s Privacy Policy. This policy is an integral part of Buzzinga’s Terms of Use and is subject to all of the provisions of these Terms of Use.

1. General Interpretative And Introductory Clause


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://www.buzzinga.fit/ website .

The use of any graphics, layout, logo, audio clips, sounds, pictures, videos, animation, designs, product, service, feature text, images, icons, data, software, trademarks, trade dress, or any other intellectual property and other such related material (to be called as “Materials”) available through https://www.buzzinga.fit/ (hereinafter referred to as “buzzinga.fit” or “Website”) or through Buzzinga mobile application (hereinafter referred to as “Buzzinga”), (both of which collectively referred to as “buzzingafit”), is owned by Walkify Technology Pvt. Ltd . (Buzzinga is a product of Walkify Technology Pvt Ltd), a company incorporated under the Companies Act, 2013 with its registered office at 142-A, New IT Park building first floor, Electronic Complex, Pardesipura, Indore, 452010 Madhya Pradesh, India (hereinafter referred to as Buzzinga).


For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits or uses the Website or Buzzinga mobile application. Buzzinga allows the User to surf the Website without registering on the Website. Although to take benefit or earn points, registering is mandatory. Buzzinga is under the hood of Walkify Technology Pvt Ltd. The terms viz. “We”, “Us”, “Our”, “Buzzinga”, “Buzzinga.fit”, or “Buzzingafit” shall mean Buzzinga. The reference to the term ‘Buzzingafit’ shall include its website i.e. https://www.buzzinga.fit as well as its mobile application named Buzzinga.

Your use of the Website or Buzzinga App by any means, either in Android or iOS, or availing its benefits by any means or use of any services offered or use of tools, all are governed by the following terms and conditions (hereinafter referred to as “Terms of Use”) including the applicable policies which are incorporated herein by way of reference. By registering, accessing, or using any (including but not limited to www.Buzzinga.fit), any mobile version thereof, or any software system designed to support or permit interaction with Buzzingafit or its functionality over a network, you (the User) agree with this ‘Terms and conditions’ or ‘Terms of Use’ along with all other policies of Buzzinga . Putting it specifically, use of the Buzzingafit shall subject you to the policies that are applicable to the Buzzingafit, you shall be contracting with Buzzinga and these terms and conditions including the policies constitute your binding obligations with Buzzinga.

2. How Buzzinga Works and What it Provides
Aim and Vision:


We use your information for the following purposes.Buzzinga is a fitness challenge and short video app where it pays you for joining various health and fitness challenges like jumping jack challenges, push up challenges, dance challenges, walking challenges and more. You can earn Paytm/Google Pay/PhonePe cash by joining and winning the fitness challenges. Buzzinga App is compatible with both Android as well as iOS.

Basic requirements:

User is required to install Buzzinga app wherein user is mandatorily required to give permissions to Buzzinga app including but not limited to permission for accessing user’s location, phone, gallery and storage.User is required to login to Buzzinga app with the Google account that is already registered either on Google fit or on Google play. If a user is logging through different accounts then user’s step points may not be benefitted . User is also required to verify the mobile number through One Time Password and complete the profile by providing some basic personal biological information.


Points and rewards:

We take step counts from the Google Fit app wherein certain points are provided for every step as per the policy concerned with points.Users can also earn paytm cash by completing surveys. User gets direct money in Paytm wallet from a third party survey provider. We reserve all rights to limit the number surveys that are allowed to User top ranked users in the name os per day.

We also give rewards tof ‘league points’. Buzzinga reserves all rights to change and modify the cut off number for top users to be qualified for league points and thereby becoming eligible to win cash prizes depending upon the rank they achieve. We also reserve all rights to decide on the time frame for resetting the League .

We also provide ‘Fitness Challenges’ that lets you earn cash prizes by competing with other users. Every challenge has a very attractive winning amount which gets transferred to your Buzzinga wallet .

You can withdraw the earned money through your Paytm, Google pay or PhonePe account. We reserve all right to set a minimum withdrawal amount limit in our concerned policy.


3. Rights of Buzzinga

The Buzzingafit, including all Materials present (excluding any applicable third party materials), is the property of Buzzinga and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in your use of Buzzingafit and to prevent any unauthorized copying of any Materials. Buzzinga does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

4. Applicability, Alteration And Modifications Of Terms Of Use

When you use any Materials provided by us through Buzzingafit you will be subject to the rules, all guidelines, policies, terms and conditions applicable to it and they shall be deemed to have been incorporated into the Terms of Use and shall be considered to be a part and parcel of the Terms of Use . We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Use at any time and without any prior written notice to you. It is your responsibility to review the Terms of Use periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions . As long as you comply with the Terms of Use, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Buzzingafit.

5. User Eligibility 

Use of Buzzingafit is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not use the website. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website . Buzzinga reserves the right to terminate your membership and / or refuse to provide you with access to the Buzzingafit if it is brought to notice or discovered that you are under the age of 18 years.

6. User Account, Registration, Password, And Security

You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Buzzingafit ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Buzzinga, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You shall be responsible for maintaining confidentiality of your user name/display name and the password including OTP as may be applicable.

You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Buzzingafit and refuse to provide you with access to it. You agree to:


• immediately notify Buzzinga of any unauthorized use / breach of your password or account; and

• ensure that you exit from your account at the end of each session.


7. User Rights And Limitations

a) As long as User comply with these Terms of Conditions, the user has a nonexclusive, non transferable, limited, and revocable right to use the Buzzingafit solely for User's personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without Buzzinga’s prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Buzzingafit, will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Buzzingafit in a manner consistent with any and all applicable laws and regulations.

b) The User agrees not to use the Buzzingafit or to authorize any other person to use the Buzzingafit to:

i. use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Company Materials (except as may be a result of standard search engine or Internet browser usage);


ii. cause the Buzzingafit, or any portion thereof, to be framed in such a way that the Buzzingafit, or any portion thereof, appears on the same screen with a portion of another website or app ;

iii. harvest or collect email addresses or other contact information of other users from the Buzzingafit by electronic or other means for any reason including sending unsolicited emails or other unsolicited communications ;

iv. use the Buzzingafit in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Buzzingafit ;

v. use automated scripts to collect information from or otherwise interact with the Buzzingafit;


vi. upload, post, transmit, share, store, or otherwise make available any content that the Buzzinga deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of its users without such user’s written permission ;

vii. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

viii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
;

ix.  upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

x. u pload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

xi. upload, post, transmit, share or otherwise make available any material that 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;


xii. i ntimidate or harass other Users; 

xiii. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; 

xiv. use or attempt to use another's account, service, or system without authorization from the Buzzinga, or create a false identity;

xv. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Buzzinga, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type
;

xvi. manipulate your weight in short-term ways that violate our Guidelines for Losing Weight Safely, including engaging in rapid hydration or dehydration, binging, purging, and/or weight-loss surgery ;

xvii. copy or adapt the source or object code of the Application’s software, HTML, JavaScript or other programming code;

x viii. r everse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Application creates to generate its web pages or any software or other products or processes accessible through the Application.


8. Profanity Policy

Buzzinga prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to your Submissions, Postings and all other areas of the Buzzingafit that another user may view. We allow users to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***). Please report any violations of this policy for review.

If a feedback comment; or any communication made between users on the Buzzingafit or email communication between users contain profanity, please review our feedback removal policy and submit a request for action/removal. Buzzinga shall have the right to take action against such action including removal, suspension, banning the user to use the website .


9. Your Warranties

Y ou represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to us is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.


10. Third Party Links And Content

There may be links from the Buzzingafit or communications you receive from the Buzzingafit, which may lead you to third party websites or applications. Also, our Application may include third party content that we do not control, maintain or endorse. Accessing those third party sites or applications requires you to leave our Application. We do not control those other sites or applications, or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or applications, including, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.

Your communication and dealings of all kinds with third party whom you found on or through the Buzzingafit, including any representation, payments or warranties associated with such dealings are solely between you and the third party . We encourage you to review all policies, rules, terms and regulations, including the privacy policies and terms of use of each and every such third party site or application that you visit.

11. Disclaimer Of Warranties

We really hope you enjoy the application and also hope the application will function properly; however, your access to and use of the application is at your sole risk .

The application is provided on an “as is”, “as available”, and “with all faults” basis.

Therefore, to the fullest extent permissible by law, we (including our officials, representatives , licensees and assignees) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to :


the functions, features, or any other elements on, or made accessible through the Buzzingafit or any product, services, or instructions offered, referenced or linked through the Buzzingafit including all materials as well as servers that make them available are free from any harmful components (including but not limited to Viruses, Trojan horses, and other technologies that could adversely impact your Device) ;

Whether any information or instructions available on Buzzingafit are accurate, complete, correct, adequate, useful, timely, or reliable;

Whether any defects to the Application will be repaired; and whether your use of the Application is lawful in any particular jurisdiction.


Any health-related information is provided to enhance your experience, but is not intended to constitute medical advice or diagnose, treat, cure, or prevent any medical condition. If you have questions about your health or treatment, please contact your pharmacist or other medical professional .

12. Limitation Of Liability

Under no circumstances will any company parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to Buzzingafit. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Buzzinga was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Application).

13. Indemnification

You agree to indemnify, defend and hold Buzzinga harmless from and against any and all claims, damages, losses, costs, liabilities, judgments, settlements and expenses, including reasonable attorneys’ fees, resulting from: (a) your User Content; (b) your use of the Buzzingafit or activities in connection with it; (c) your breach or alleged breach of these Terms ; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your Device used to access the Buzzingafit , even if not submitted by you, that infringes, violates or misappropriate any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; or (f) any misrepresentation made by you .


You will cooperate as fully required by Buzzinga in the defense of any claim. Notwithstanding the foregoing, Buzzinga retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action that are brought against it

14. Termination And Modifications

Termination:

We reserve the right to terminate your access to and use of Buzzingafit or any part of it, in our sole discretion, without notice and liability, including, if we believe that you are not following these Terms . We also reserve the right to investigate suspected violations of these Terms, including, any violation arising from any User Content or e-mails you send to us . We don't like to tattle, but any violation, or potential violation, of these Terms may be referred to law enforcement authorities.


Modifications:

We reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Buzzinga Materials available on the Buzzingafit, and to even stop all activities associated with it, with or without notice. You agree that we will not be liable to you or to anyone else for any modification, suspension or discontinuance of the Application or any part thereof.


What happens upon Termination?

If we terminate your access to the Application, or if we so demand, all rights granted to you under these Terms will stop immediately, and you agree that you will immediately: (a) stop using the Application and forfeit any Stamps or other virtual items that remain in your account; (b) remove any links that you created with respect to the Application; and (c) destroy all Buzzinga Materials obtained from the Application and all related documentation.


15. Territorial Restrictions Of Application

The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

We reserve the right to limit the availability of the Application and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.


16. Restrictions On Use Of Content 

Available On WebsiteExcept as expressly provided in these Terms of Use, no part of the Buzzingafit and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Buzzinga’s express prior written consent.You may use Materials made available on the Buzzingafit for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

17. Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at https://www.buzzinga.fit/Privacy_policy.html. If you object to Your Information being transferred or used in this way please do not use Buzzingafit.


We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose as such your personal information to third parties for their marketing and advertising purposes without your explicit consent.


We may disclose personal information if required to do so by law or in the good faith/ on belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public. 

We and our affiliates will share some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, restructuring of business. Should such a transaction occur then another business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.


18. Notices

All legal notices or demands to or upon Buzzinga shall be made in writing and sent to it personally, by courier, certified mail, or facsimile to the following entity and address (Address of legal branch). The notices shall be effective when they are received by Buzzinga in any of the above-mentioned manner. 

All legal notices or demands to or upon a User shall be effective if either delivered personally or sent by courier or certified mail or by facsimile or email to the last-known correspondence, fax or email address provided by the User to Buzzinga or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) Buzzinga is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Buzzinga posting such notice on an area of the Platform that is publicly accessible without charge.