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Terms Of Use

WELCOME TO OCTEN

This is the official site of Gmfinity Technologies Private Limited (“Company”), a company duly incorporated under the laws of India and other sites linking to these Terms of Use, including mobile versions of such sites (collectively, the “Sites” or, individually, a “Site’’) operated under the brand name OCTEN.
We, OCTEN, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
OCTEN is a social networking platform where You can engage and connect with other gamers, esports enthusiasts, gaming professionals, organizations, and gaming- businesses.

These terms of services (these “Terms”) applies to all the Users who avails the services of OCTEN offered on or through the Site (collectively referred to as “Services”).

Please read the following terms and conditions carefully before You start to use the Services, as they form the entire agreement between You (sometimes referred to herein as ” You” or ” Your” or “User”) and OCTEN ( sometimes referred to herein as “we” or ” us” or ‘’Company’’).

When accessing the information available through OCTEN, creating an Account (“Account”) You accept the Terms contained herein, without modifications and reservations of any of the Terms as contained herein, and by accessing the Site or Application, Your represent and warrant that You have read and understood, and agree to be bound by, all of the terms and conditions contained in this Agreement without limitation or qualification. Use or access of any part of the Site constitutes unconditional acceptance of these terms. Please also review our Privacy Policy which explains how our Services treat Your personal information and protect Your privacy when You use our Services.

 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND SHOULD NOT PROCEED TO CREATE ANY ACCOUNTS OR ACQUIRE ANY SUBSCRIPTIONS TO THE SERVICES. BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.

1.    ELIGIBILITY
By using the Services, You represent and warrant that You are above 18 years of age (or above 21 years of age, where a guardian is appointed under the Majority Act, 1875) and is qualified to enter into contract. If You are not eligible to enter into contracts, then we will advice you to discontinue use of the Services. In case, You are under the age of majority in your country, territory or province as per applicable law, You agree that Your access and use of Services shall be deemed to be subject to age classifications by this Site and under parental consent and guidance.

If You are the parent or guardian of a child under 18 years of age, by registering/by creating an account or profile on the Site, You provide Your consent to Your child’s registration and You agree to be bound by these Terms in respect of their use of our Site. We will at all times assume (and by using this Site You warrant that) You have the legal capacity to enter into the agreement (i.e. that You are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Providing a safe and secure Service for a diverse community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Please note that you will solely bear the costs and consequences of any actions taken by you on the Site (including any violation of these Terms) along with the commitments given by you below.

2.    REGISTRATION
•    Registration
•    Our services are available to only those who have subscribed to our platform by registering and creating account with us. Registration can be either through our website https://octen.app/ or by downloading the application from third party application stores such as Google Play, and Apple App Store, subject to the terms and conditions and the privacy policy of such third-party application stores.
•    In either case, while registering to our platform, You may be required to create an account (“Account”) by providing us a username, password, and certain other information about Yourself as set forth in the Privacy Policy. Users can login using social plugins like Google and Facebook as well.
•    Any subscription to or use of our Servicesare completely voluntary in nature. Upon such enrolment, Your mobile number will serve as unique identification number for using the Services on the Site. Accordingly, You agree to (a) provide correct details when prompted on the Site and failure to do so may invalidate Your request to use such services (b) authorise OCTENto retain the information shared by You for the purpose of using the Site and/or the services and for any marketing campaign of the Company and/or third-party service providers and (c) by giving Your details You agree to abide by the Terms of Use and applicable Privacy Policy.
•    Your Account
•    OCTEN enables You to become a part of a curated gaming community and connect with other gamers, esports enthusiasts, gaming professionals, organizations, and gaming- businesses. Upon registration, we also allow You to create Your own personalized profile by adding more information aboutYou, including Your region, language, game statistics, achievements. This would help You to create a dynamic landing page and connect withthe Users alike.
•    OCTEN may at its discretion allow You to use some of these Services free of charge and some features may be chargeable. Our Services are very diverse and additional terms or product requirements may apply to certain Services. These additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms. More information about OCTEN and its Services are available on our website https://octen.app/.
•    You are solely responsible for all uses of Your Account, and associated subscription. You must treat Your Account and/or Subscription passwords, usernames, and the like as confidential and You must not disclose them to any other person or entity.If You use this Site, You are responsible for maintaining the confidentiality of Your account/profile and/or password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.
•    User experience may vary depending on the type of the device and the operating system that You use, and the Company accepts no responsibility for any lack of functionality due to Your equipment (including Your device, internet connection, operating system or settings and software).
•    We have implemented measures to ensure that our Site is secure. However, there is no guarantee that our Site is immune to hacking and virus attacks. You will ensure that You have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number.
While we do everything, we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Site. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.

•    We reserve all rights, in our sole discretion to suspend, disable access to or otherwise to restrict access to the Site or to User Content if we find any of the following:
(a)        violation of these Terms and our policies and procedures

(b)        conduct of activities that are harmful to the OCTEN platform, to OCTEN or to any other user or third party or which or when found objectionable

(c)        share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading what may be considered as hate speech, inciting any form of violence or hatred against any persons, or violates any laws of India, or is barred from being shared by any laws of India.

•    Usage of the OCTEN Site is governed by these Terms and Privacy policy. If any of our Users reportthat your content violates the, we reserve the right to refuse or cancel service, terminate accounts, or remove or edit content, in its sole discretion. OCTEN does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you wish to appeal any such removal, you may write to us at octenapp@gmail.com .We may remove any content that is shared on our Site if such content is prohibited under these Terms and Privacy policy
•    You may cancel Your Account in full, or associated Subscription at any time by visiting the https://octen.app/. You hereby agree to be personally liable for any and all charges incurred by Your username and password until You terminate Your Account or Subscriptions as provided herein. You hereby acknowledge and agree that if You cancel Your Account or Subscriptions, the access associated with that membership will be removed.
3.    ACCESSING OUR SERVICES
•    Access to our Services. We will endeavour to ensureerror-free availability of the Services or Contentsthereof to You, however Your access to the Site mayoccasionally be suspended or restricted for repairs,maintenance, or updating the Application at any time withoutprior notice. We will try to limit the frequency and duration of anysuch suspension or restriction.
•    License Restrictions
•    You may use the Service only for Your internal, personal/business purposes and shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the Service or “frame” or “mirror” any content on any other server or wireless or internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
•    OCTEN maintains a zero-tolerance policy regarding Objectionable Content. You shall not cause to upload any content that is deemed objectionable under the definition of ‘Objectionable Content’ in this Clause 3.2.2. Further to that You shall ensure that your content is also not uploaded in conjunction with or alongside any Objectionable Content.
For the purpose of this clarity, ‘Objectionable Content’ includes, but is not limited to, the following:

•    Child endangerment: Content that sexualizes minors including but not limited to, content that promote pedophilia or inappropriate interaction targeted at a minor (e.g. groping or caressing). Further, content that appeal to children but contain adult themes including but not limited to, apps with excessive violence, blood, and gore; apps that depict or encourage harmful and dangerous activities. We also don’t allow content that promote negative body or self-image.
•    Sexual content and Profanity: Content that contain/promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying including but not limited to:
•    Depictions of sexual nudity, or sexually suggestive poses in which the subject is nude, blurred or minimally clothed, and/or where the clothing would not be acceptable in an appropriate public context.
•    Depictions, animations or illustrations of sex acts, or sexually suggestive poses or the sexual depiction of body parts.
•    Content that depicts or are functionally sexual aids, sex guides, illegal sexual themes and fetishes.
•    Content that is lewd or profane – including but not limited to content which may contain profanity, slurs, explicit text, adult/sexual keywords in the store listing or in-app.
•    Content that depicts, describes, or encourages bestiality.
•    Content that promotes sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation, including but not limited to compensated dating or sexual arrangements where one participant is expected or implied to provide money, gifts, or financial support to another participant (“sugar dating”).
•    Content that degrades or objectify people, such as content that claim to undress people or see-through clothing, even if labelled as prank or entertainment apps.
•    Hate speech: Content that promote violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization. including but not limited to:
•    Content or speech asserting that a protected group is inhuman, inferior or worthy of being hated.
•    Content that contains hateful slurs, stereotypes, or theories about a protected group possessing negative characteristics (e.g., malicious, corrupt, evil, etc.), or explicitly or implicitly claims the group is a threat.
•    Content or speech trying to encourage others to believe that people should be hated or discriminated against because they are a member of a protected group.
•    Content which promotes hate symbols such as flags, symbols, insignias, paraphernalia or behaviours associated with hate groups.
•    Violence: Content that depict or facilitate gratuitous violence or other dangerous activities. However, content that depict fictional violence in the context of a game, such as cartoons, hunting or fishing, are generally allowed.
•    Terrorism : content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks. If posting content related to terrorism for an educational, documentary, scientific, or artistic purpose, be mindful to provide enough information so users understand the context.
•    Sensitivity events: Content that lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, health crisis, conflict, death, or other tragic event.
•    Bullying and Harassment : Content that contain or facilitate threats, harassment, or bullying including but not limited to:
•    Bullying victims of international or religious conflicts.
•    Content that seeks to exploit others, including extortion, blackmail, etc.
•    Posting content in order to humiliate someone publicly.
•    Harassing victims, or their friends and families, of a tragic event.
•    Illegal Activities: Content that facilitate the sale of explosives, firearms, ammunition, or certain firearms accessories, or sale of tobacco, alcohols, marijuana, illegal drugs etc.
•    Unapproved substances: Content that promote or sell unapproved substances, irrespective of any claims of legality including but not limited to non-exhaustive list of prohibited pharmaceuticals and supplements, products that contain ephedra, human chorionic gonadotropin (hCG) in relation to weight loss or weight control, or when promoted in conjunction with anabolic steroids or Herbal and dietary supplements with active pharmaceutical or dangerous ingredients.
Please note that Your content will be moderated by OCTEN to ensure its adherence with these guidelines and if found to be non-complying, OCTEN will ensure timely removal of such Objectionable Content. User accounts which have been confirmed responsible for posting Objectionable Content will be restricted from access to OCTEN App.

4.    USE OF CONTENT
•    Right granted to Company: You hereby absolutely and irrevocably assign to the Company the right to use all the information You provided while logged in or using the Site and the Company has all the rights to reproduce, republish and create databases based on the said information. Further OCTEN shall have the right to use, explore, exploit and utilize the said Content worldwide and in perpetuity without any compensation payable to You with respect to the Content that You submit, post, transmit or otherwise make available on the Site.
You understand and agree that we may monitor or review YourContent, and we have the right to remove, delete, edit, limit, orblock or prevent access to any of Your Content at any time atour sole discretion. Furthermore, You understand and agree thatwe have no obligation to display or review Your Content.

We may modify or alter Your Content solely to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content to the extent necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. Any modification made by us for the purposes as set forth above, does not in any manner make us assume any responsibility or any liability arising from any Content.

In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.

4.2       Sharing with third parties-While our Platform is a freely accessible and usable platform, we need to generate revenue so that we can keep offering You our Services for free. Pursuant to this, we may share any data that we may collect including but not limited to your username, profile pictures, gender, your usage and engagement habits and patterns on our Site to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Site does not amount to an endorsement by us.If we share any sensitive personal information (as defined under the applicable laws), we will ask you for your consent prior to sharing the same.

4.3       Permission to use cookies-We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites. Our Cookie Policy forms part of the OCTEN Privacy Policy.

4.4       Retention Policy-We collect data as and when You use OCTEN Services. What we collect, why we collect it, and how You can manage Your information are described in the OCTEN Privacy Policy. This retention policy describes why we hold onto different types of data for different periods of time.

4.5       Links to Third Party Sites/Third Party Services– This Site may contain links to other websites, web pages and services which may have their own terms and conditions of use and You shall be bound by such terms and conditions of use. We are not responsible for the contents of any such external hyperlinks, and references to any external links should not be construed as an endorsement of the links or their content. Use of such hyperlinks and third-party content contained therein and other sites is entirely at Your own risk.

5.    User Warranties
By creating an Account and/or Subscribing to our platform or accessing information as part of the Services, You warrant and agree that:

•    You are of legal age and is qualified to enter into this Agreement.
•    You either own or have all necessary rights, licenses, consent and releases necessary to grant OCTEN the rights in User Content under these Terms.
•    all the information You provide to OCTEN is only about Yourself, and that all of such information is accurate, true, current, and complete.
•    Your use of the Service will always comply with the terms of this Agreement.
•    OCTEN shall have no role in the creation, either in whole or in part, of User Content You provide to OCTEN.
•    You will remain responsible for all uses of Your Subscription, safeguard Your password, and supervise the use of Your Subscription.
•    Services of OCTEN are limited to provide You a platform and that You shall be responsible for all the actions You do via OCTEN.
•    neither the User Content nor Your posting, uploading, or transmittal of User Content or OCTEN use of Your User Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order.
•    It remains Your sole responsibility to monitor Your User content and to guarantee that any edited User content by OCTEN and/or third parties is accurate and consistent with Your representations, warranties and agreements in these Terms.
6.    Disclaimer Warranties
This Disclaimer of Warranty constitutes an essential part of the agreement

•    You acknowledge and expressly agree that, unless otherwise specifically agree in writing, OCTEN does not have any association or business affiliation or contract with any Users. You understand and agree that OCTEN is merely providing a networking platform for You to connect with other users. You understand that by registering or providing information and/or and accessing services directly or indirectly from the OCTEN platform, You receive only the ability to use the OCTEN platform and to access other Users who may be interested in connecting with You, including, but not limited to, the ability to message other users.
•    You further acknowledge and agree that You are not acting upon the advice or direction of  OCTEN or any of its subsidiaries, affiliates, officers, directors, employees, agents. We are not advising or guiding You on Your communications or Your transactions with Users or third parties. We do not verify legality of Your relationship.
•    You expressly agree that OCTEN is not a party to any relationship or agreement between You and any other User and that Your use of the service is at Your sole and exclusive risk. The services are provided on an “as is, with all faults,” and “as available” basis, without warranties of any kind, including, without limitation: the availability, accuracy of Content or materials, information, or service, and the warranties of merchantability, fitness for a particular purpose, and non-infringement.
•    OCTEN expressly disclaim any liability with respect to any injury caused by any User, or any damage suffered by any User, as a result of the actions or inactions of any other user. If You are dissatisfied with our Services or any content, Your sole and exclusive remedy is to discontinue using and accessing our Services.
•    You also acknowledge and agree that at all times, it is Your responsibility and not OCTEN’s responsibility, which is disclaimed to the maximum extent of the law, to be familiar with, to abide by and to comply with all relevant federal, state, local, and international laws, rules and regulations that may apply to You.
•    OCTEN expressly disclaims all such warranties. The entire risk as to the quality and timeliness of the information, and all services provided by OCTEN is borne exclusively by You. OCTEN uses data and information provided by Users and their parties in order to complete its services. OCTENmakes no warranty that the serviceor our Contentwill meet Your requirements, or that the services willbe uninterrupted, timely, secure, or error free; nordoesOCTENmake any warranty as to the results that maybe obtained from the use of the service or as to the accuracyor reliability of any information obtained through theservice.
•    Any material downloaded or otherwise obtained through theuse of theOCTENplatform is accessed at Your own discretion and risk, and You will be solely responsible for and hereby waive any and all claims and causes of action withrespect to any damage to Your computer system, internetaccess, download or display device, or loss of data thatresults from the download of any such material.
7.    Indemnity
You hereby indemnify, defend and hold harmless the Company and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns (“Indemnified Persons”) from andagainst any and all losses, claims, demands, liabilities, charges, penalties,fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from

(i)         your access to or use of the Site and Services

(ii)        any breach by you of your obligations under this Terms of Services;
(iii)       your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
(iv)       any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;
(v)        your negligence or willful misconduct.
This obligation will survive the termination of our Terms.

8.    Limitation of Liability
We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, OCTEN Privacy Policy, and OCTEN Terms of Use for accessing and using our Site. Our role is limited to providing a platform for users to upload, share and display content, created or shared by you and other users.

 

We do not control what you or other people may or may not do on the Site and are thus, not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Site is strictly governed by the laws of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising to you or any other person related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

9.    Intellectual Property Rights
This Site and any materials incorporated by the Company on this Siteincluding, without limitation, any text, graphics, images, artwork,illustrations, photographs, animations, music, video, audio, audio visualworks, designs, logos, software and any other content (other than theContent) (collectively referred to as “Material”) may be protected byproprietary rights owned by orlicensed to the Company.

We strongly believe in the freedom of expression and allow you to share photographs, images, videos, music, status updates, and other content on our Site. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Site to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against these Terms and/or Privacy policy and may be removed from the Site. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights vested in such content.

By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Site if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the OCTEN Privacy Policy.

You remain solely responsible for the content you post on our Site. We do not endorse and are not responsible for any content shared or posted on or through our Site, and for any consequences resulting out of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Site or advertisers on the Site.

You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but we will have a zero cost, permanent license to use what you share and post on our Platform.

10.    Confidential Information
The Parties may have access to information that is confidential to one another (“Confidential Information”). Confidential Information shall be limited to all the user data, software, services, and all information clearly identified as confidential. In the event that either Party is requested or required for the purposes of legal, administrative, or arbitration to disclose any Confidential Information, the Party receiving such disclosure request will provide the other Party with immediate written notice of any such request or requirement so that such Party may seek an appropriate protective order or other relief.

 

11.    Electronic Communications
Visiting https://octen.app/, sending emails to OCTEN constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

12.    Privacy Policy
To effectively provide and introduce any new Services to you, we collect certain information such as your phone number, your gender and your name from you. We may further request and store additional information. Such information is stored securely on our AWS servers, thereby also subject to the terms of the …… privacy policy. The OCTEN Privacy Policy explains how we collect, use, share and store the information collected. The OCTEN Privacy Policy also details your rights under law and how you may control the data you provide us.

We have described how we store and use this information in the OCTEN Privacy Policy.

13.    Fraudulent Transactions
We reserve the right to recover the costs and lawyers’ fees from persons using the Site fraudulently. The Company also reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site.

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14. In-App-Currency and virtual rewards

  • giveaways

    As a part of the Services, the Company may, at its sole option, decide to award giveaways to the Users, upon compliance with certain criteria as may be specified for such Service, or in the nature of a prize for emerging as the winner in any of the contests etc. conducted by the Company (“Giveaways”).
    The Giveaways shall comprise of any virtual points garnered to the Account of the User, or any tangible items or services in the form of a prize or reward which can be redeemed by the User in accordance with the terms and conditions of the Company.
     

  • In – app Purchases and currencies

    The Company shall have the sole discretion and right to withdraw, amend, modify, alter, and cancel any of the aforementioned in-game purchases and virtual items, at any time, without any notice. The Company shall also be entitled to change the terms, increase or decrease the values, and introduce new methods or concepts in this regard

    The User shall use the in-App currencies only for the purposes which it has been provided, and they shall not be transferable, assignable or substitutable, except as otherwise provided by the Company.

In the event any in-app purchases require a transaction with a Third-Party Service provider (including payment service providers), the User agrees to abide by the terms of use and other relevant instruction of such Third-Party Service provider. The User shall be solely responsible for any payments made from his bank account in this relation. The Company shall not be a party to such transaction or agreement, and shall not be responsible for any actions or omission, claims of misconduct, fraud or negligence pertaining to the transaction. The Company accepts no obligation and responsibility for the use of the payment option by the Third-Party Service provider. Once payment is made by the User, the User shall not have the further right to cancel and redeem, or require a refund of the payment already made by him/her.
 

  • Vouchers and Digital rewards:

    The Company may, in the form of virtual reward or prize, for participation and/or winning of contests, assignments and other related tasks that form part of the Services, grant digital currencies (such as digital vouchers, coins, gold, diamond points, etc.) or third-party vouchers.

    User can avail digital rewards in exchange of in app currency. The digital rewards shall not require any kind of payment and shall not be redeemable or convertible into cash.


15.    Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the lawsof Karnataka, India. Courts in Bangalore shall have exclusive jurisdiction in determination of all disputes.

Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by Arbitration and Conciliation Centre, Bangalore under the laws of Indian Arbitration and Conciliation Act, 1996.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

 


16.    No Refund Policy
Octen does not have a refund policy. Any transaction approved by a User shall not be reversed and be deemed as final. Company shall not process any refund on any in app purchase by User using Company’s in-app currency purchasable by accessing Third Party Services. The Company accepts no obligation and responsibility for the use of the payment option by the Third-Party Service provider. Once payment is made by the User, the User shall not have the further right to cancel and redeem, or require a refund of the payment already made by him/her.

17.    Affirmation Of Agreement
You hereby acknowledge and affirm that You have read this entire Agreement and that You agree to be bound by all its terms and conditions by clicking where indicated on the Service registration page and/or by authorizing the use of Your credit or debit card for payment of such charges and fees necessary to create an Account or purchase a Subscription through Service and for any other charges which You may incur.


18.    Grievance response-
We shall address your concerns regarding data safety, privacy, and Site usage concerns. We will resolve the issues raised by you within 15 (fifteen) days from receiving them. We have created a method for you to get in touch with us and for us to address your concerns

You may contact the via the following-
Email – contact@octen.app

Note – Kindly send all user related grievances to the above-mentioned email ID, in order for us to process and resolve the same in an expeditious manner.

19.    Reach us:
105/1 Bidhannagar Road, Kolkata, West Bengal, India
Email – contact@octen.app


 

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