TERMS AND CONDITIONS OF USE
Before using the HollyBolly website and application, please ensure that you have carefully read and understood this agreement. By using the HollyBolly website and application, you are agreeing to be bound by the terms and conditions below. If you do not agree to any information contained within the Terms and Conditions of this agreement, please be advised to not sign up, install or use the application/website.
HollyBolly is the first owner, publisher and operator of HollyBolly website, and the HollyBolly tablet application (for hereinafter, together referred to as the ‘Application’within this document). HollyBolly, may also be referred to as HollyBolly Casting. Soley, referred to as the same company.
a. ‘Account’ shall mean the account that would be duly registered by the user under the Application by following the prescribed procedure as may be provided under the Application, in order to qualify as a registered member;
b. ‘Artist’ shall mean and include any person who may be an established and/or prospective/aspiring model, actor, actress, singer, musician, dancer, designer or the like whether an individual, professional, organisation or agency or similar institution; engaged in different fields of entertainment.
c. ‘Personal Information’ shall mean have the meaning ascribed to it in Clause 5.2 (a);
d. ‘Services’ or ‘Subscription Services’ shall have the meaning ascribed to it in Clause 4;
e. ‘Subscription Fees’ shall mean the fees applicable for the purpose of accessing/ enrolling/registering to the services provided under the Application, as may be determined by HollyBolly, at its sole discretion, from time to time;
f. ‘User(s)’ or ‘End-User’ or ‘you’ or ‘your’ or ‘yourself shall have the meaning ascribed to it in Clause 3.2 herein below.
2. ABOUT HOLLYBOLLY
HollyBolly is primarily engaged in the business of providing an adequate platform, by the way of offering Services to Artists seeking prospective employment/placement of opportunities in different fields of the entertainment industry in various locations worldwide.
NATURE AND APPLICABILITY OF TERMS
This Agreement applies to you whether you are:
a. An Artist wishing to be listed, or already listed, on the Application; and/or
b. An Artist searching for a prospective placement opportunity/modeling assignment through the Application; and/or
c. Otherwise a User of the Application.
This Agreement applies to the services made available by HollyBolly on the Application, which may be offered free of charge to the Users (‘Services’), as more specifically set out in Clause 4below.
3. USERS CONSENT
a. By accessing and using the Application, YOU CONSENT to the terms of this Agreement and to HollyBolly’s processing of Personal Information for the purposes of this Agreement.
b. By downloading or accessing the Application to use the Services, you irrevocably accept all the Terms stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written Terms (if any) communicated to you. By availing any Service, you signify your acceptance of this Agreement.
c. We reserve the right to amend, modify or terminate any portion of this Agreement for any reason and at any time, and such amendments and modifications shall be informed to you in writing/ email and shall supersede and replace all previous versions of the same. You are advised to read the Agreement at regular intervals. Your use of the Application following any such modification constitutes your agreement to follow and be bound by this Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to any particular Service are also considered as part of this Agreement.
d. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of this Agreement, please do not use the Application or avail any Services provided under the Application. Your access to use of the Application and the Services will be solely at the discretion of HollyBolly.
e. Upon termination of this Agreement, all obligations of and upon the User shall continue and survive termination of this Agreement
This Agreement is published in compliance of, and is exclusively governed by the provisions of laws of Australia including but not limited to:
a. The Privacy Act 1988 (Privacy Act) Australia
b. Intellectual Property Laws Amendment Act 2015 (‘Amendment Act’)
c. Australian Copyright Act 1968
d. Entertainment Industry Act 2013 (NSW)
e. Other extant laws within the territory of Australia.
4. LIST OF SERVICES OFFERED UNDER THE APPLICATION
The Application is created for the purpose of providing prospective employment to Artists in the field of entertainment. The Application shall include various services such as Basic, Semi-Advanced/Intermediate and Advance, more specifically stated in Clause 4 below. The Application may include any other services as may be provided by HollyBolly from time to time.
1) Services offered under the ‘Basic’ feature, inter alia include:
a. Creating and maintaining Users’ profiles;
b. Uploading photographs (maximum 3);
c. Providing details relating to work/professional history background;
d. Make a maximum of 5 Applications per month to job advertisements listed by recruiters.
2) Services offered under the ‘Semi-Advanced’ and/or under the ‘Intermediate’ feature:
a. Uploading Audio/video profile, and unlimited photos;
b. Create a more detailed profile such as more details in connection to past work experience, extra-curricular activities, kind of work looking for, career goals, details about skill sets;
c. Make Unlimited Applications to job advertisements listed by recruiters.
3) Services offered under the ‘Advanced’ feature:
a. All the features contained in clause 4.2 above;
b. Customised profile assistance in which HollyBolly staff would help the Artist to make a profile according to the Artist’s tastes and as per industry standards;
c. Artist would also be entitled for onehour counselling session with one of HollyBolly’s associate, if requested for.
4) The Services provided under the Basic feature donot include any Subscription Fees and are provided free of cost. In order to avail Services under the ‘Semi-Advanced/Intermediate’ and ‘Advanced’ feature, User is required to upgrade their profile by paying an amount as determined by HollyBolly as Subscription Fees. The Services may change from time to time, at the sole discretion of HollyBolly and the Agreement will apply to your visit to and your use of the Application to avail the Services, as well as to all information provided by you on the Application at any given point in time.
5) This Agreement defines the Terms under which you are allowed to use the Application and describes the manner in which we shall treat your Account while you are registered as a member with us. If you have any questions about any part of this Agreement, feel free to contact us at firstname.lastname@example.org
6) One of the purposes of the Application is to inform you of who we are and what we do. We collect and use your Personal Information to better provide you with the required services, or information. We would therefore use your personal information in order to:
a. To verify your identity
b. For internal research purposes
c. For promoting and marketing other HollyBolly products and Services to you
d. Respond to queries or requests submitted by you;
e. Process applications submitted by you;
f. Administer or otherwise carry out our obligations in relation to any agreement you have with us;
g. Anticipate and resolve problems concerning services rendered to you.
h. For any other use/reasons that you authorise.
i. HollyBolly may use your images, profile, texts and/or media files of the promotion of the website.
j. If you opt for your profile to be public or display a profile photo, HollyBolly will publish your personal information and allow other members to contact you.
k. Under no circumstance will HollyBolly authorise or condone selling of your personal information, without your written consent. However, if you agree that HollyBolly disclose your personal information including your name and contact details to the relevant authorities, parties and/or applicable intellectual property right holders (or their representatives) where law permits.
l. You can alter, adjust or change, your personal information and restrict viewing at any stage.
m. However, as the internet has its own limitations, HollyBolly, despite its best efforts to secure your Personal Information cannot guarantee it in cases of unforeseen circumstances.
5. TERMS AND CONDITIONS OF USE
1) Age of Majority
a. You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to HollyBolly that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.
b. HollyBolly shall and in no event be liable either to you or to any third party in case of any misrepresentation of your legal age under the Application.
c. Children under the age of 18 years, without any parental consent and guidance, are strictly prohibited from accessing the Application and making use of any Services provided under the Application. HollyBolly will not contact any Artist or aspirant or any child, under the age of 18 years without obtaining prior written consent of parents.
2) User Account and Data Privacy
a. HollyBolly is committed to respecting your online privacy and recognises your need for appropriate protection and management of any personally identifiable information (‘Personal Information’) you share with us. In order to provide a personalised browsing experience, HollyBolly may collect information from you, this may include technical or other related information from the device used to access StillFrill Application including without limitation contact lists in your device and its location, you may also be asked to complete a registration form. When you let us have your preferences, we will be able to deliver or allow you to access the most relevant information that meets your end.
b. "Personal Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address, mobile number or other contact information, whether at work or at home. In general, you can visit HollyBolly's web pages without telling us who you are or revealing any Personal Information about yourself.
c. HollyBolly may by its Services, exchange or share Personal Information including any ‘sensitive personal data or information’, collect information relating to the devices ‘Collective Information’ through which User/Users access the Application, and anonymous data of your usage. The information may be used only for improving the quality of Services and to build new services.
d. Such information may also be used to promote and market HollyBolly’s Services and Products to you as well make special offers on the same available to you.
e. The Application allows HollyBolly to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of security, for obtaining feedback in relation to the services provided and their practice and updates.
f. HollyBolly shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User of the Application.
g. The User is responsible for maintaining the confidentiality of the User’s Account access information and password, if the User is registered on the Application. The User shall be responsible for all usage of the User’s Account and password, whether or not authorised by the User. The User shall immediately notify HollyBolly of any actual or suspected unauthorised use of the User’s Account or password. Although HollyBolly will not be liable for your losses caused by any unauthorised use of your Account, you may be liable for the losses that HollyBolly may suffer or others due to such unauthorised use.
h. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HollyBolly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HollyBolly has the right to discontinue the Services to the User at its sole discretion.
i. HollyBolly may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
j. Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non payment, HollyBolly will make available to the User for download a copy of such User’s data in PDF format or any other format as determined by HollyBolly. After such 30 (thirty) days period, HollyBolly shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the Subscription Services voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the Subscription Services. User’s data will not be available after termination of subscription in such cases.
3) Theft of Subscription Services
a. You agree to notify HollyBolly immediately, in writing or by email email@example.com , if your content is stolen or if you become aware at any time that your Account with any Subscription Service is being misused or being used fraudulently. When you email or write, you must provide your Account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your Account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Not with standing anything herein to the contrary, HollyBolly shall not be liable to extend the subscription period or waive off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. HollyBolly will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorised user of your Subscription Services.
b. By accessing and using the Services provided under the Application, the User agrees and acknowledges that HollyBolly only acts as a platform to enable Artist to have access to and explore prospective career opportunities in different fields of entertainment and that HollyBolly in no event guarantees job or placement opportunity. The Application is only designed to provide placement access to Artist and that it shall in no event be construed as a means of assuring placements. HollyBolly shall not be liable for any loss, claim or damages in case of failure to achieve job placements.
a. The type of information collected from Users, including Personal Information;
b. The purpose, means and modes of usage of such information;
c. How and to whom HollyBolly will disclose such information; and,
d. Other information mandated by the laws within India and Australia, respectively.
a. The fact that certain information is being collected;
b. The purpose for which the information is being collected;
c. The intended recipients of the information;
d. The nature of collection and retention of the information; and
e. The various rights available to such Users in respect of such information.
4. Information Sharing and Disclosure
a. HollyBolly shall share the Personal Information about you with other people (save with your consent) only to provide services you have requested, when we have your permission.
b. HollyBolly shall share your Personal Information with others (save with your consent) for your research and development purposes and also in order to provide you with better services along with to maintain and develop our business infrastructure, including testing and upgrading of our systems.
c. Your Personal information may be shared by HollyBolly with outside organizations to carry out customer enquiries, market research, billing, debt-recovery functions, telemarketing, sales services, IT services, Web site usage analysis or the like.
d. Your Personal Information may also be shared with your authorised representatives or legal advisors when requested, fraud-checking industries, credit providers, Industries involved in industry research, our own professional advisers, government bodies, regulatory authorities or the like.
5. Confidentiality and Security
a. We limit access to Personal Information about you to recruiters who we believe reasonably need to come into contact with that information to provide services to you. We have physical, electronic and procedural safeguards that comply with the laws prevalent in India and Australia to protect Personal Information about you. We seek to ensure compliance with the requirements of the Information Technology Act, 2000 as amended and rules made there under to ensure the protection and preservation of your privacy. In Australia, with reference to the Intellectual Property Laws Amendment Act 2015("Amendment Act").
a. To enhance your experience on HollyBolly sites, some of our web pages may use ‘Cookies’.
c. Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. You may find that some parts of the site will not function properly if you have refused cookies. If you wish to block cookies please open your internet browser and adjust the preferences.
d. Should you continue without changing the settings on your machine we will assume you are happy to receive cookies on hollybolly.com.au
e. If you visit HollyBolly with your browser settings adjusted to accept cookies, we understand that you want to use our products and services. However, you can disable cookies at any time from the desktop or laptop, you’re accessing HollyBolly from.
8. Listing Content and Disseminating Information
a. HollyBolly displays on the Application, relevant information regarding the profile of the Artist listed on the Application. Although HollyBolly screens and vets the information and photos submitted by the Artist, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
b. The Services provided by HollyBolly and/or any of its licensors and/or service providers are provided on an ‘as is’ and ‘as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchant ability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
c. HollyBolly does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services or guarantee any kind of employment to Artist.
d. HollyBolly does not guarantee the accuracy or completeness of any content or information provided by Users on the Application.
e. To the fullest extent permitted by law, HollyBolly disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Application, or any opinion or suggestion given or expressed by HollyBolly or any User in relation to any User or services provided by such User. HollyBolly assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
f. If HollyBolly determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, HollyBolly reserves the right to immediately suspend your access to the Application or any of your Accounts and makes such declaration on the Application alongside your name as may be determined by HollyBolly for the protection of its business and in the interests of Users. You shall be liable to indemnify HollyBolly for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected the HollyBolly Application or its Users.
9. Content Ownership and Copyright Conditions of Access
a. The contents listed on the Application are (i) User generated content, or (ii) belong to HollyBolly. The information that is collected by HollyBolly directly or indirectly from the End-Users and the Artist shall belong to HollyBolly.
b. Copying of the copyrighted content published by HollyBolly on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and HollyBolly reserves its rights under applicable law accordingly.
c. HollyBolly authorises the User to view and access the content available on or from the Website/Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application, are the property of HollyBolly and are protected under copyright, trademark and other laws.
d. User shall not modify the Application’s content or reproduce, display, publicly perform, distribute, or otherwise use the Application’s Content in any way for any public or commercial purpose or for personal gain.
e. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other bench marking or competitive purposes.
10. Reviews and Feedback
b. The role of HollyBolly in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000 and in Australia, The Privacy Act 1988 (Privacy Act) and Intellectual Property Laws Amendment Act 2015 ("Amendment Act").
c. HollyBolly disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act.
d. HollyBolly shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Application is governed by Clause 8 of these Terms. Without prejudice to the detailed terms stated in Clause 8, you hereby agree not to post or publish any content on the Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation.
e. HollyBolly at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 8 of these Terms. You agree that HollyBolly may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
1. Obtaining feedback in relation to Application or services; and/or
2. Obtaining feedback in relation to any Practitioners listed on the Application; and/or
3. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by HollyBolly.
11. Third Party Services
a. HollyBolly may contain links to other websites (‘Third Party Services’) and may post your information on other websites (including, but not limited to, Facebook, Twitter, Instagram and YouTube).
c. You should always review the policies of Third Party Services and websites to make sure you are comfortable with the ways in which they use information you share with them.
d. HollyBolly may use third party service providers to provide certain services to you in connection with your membership on HollyBolly.
e. HollyBolly may disclose personally identifiable information to these third party service providers for the sole purpose of the provision of services to you.
12. Applying for Roles
a. Apply for roles at your own discretion. Understand when you apply for a role, the casting director or the owner of the advertisement, may retrieve further information about your personal profile and your contact information including a picture of yourself.
b. Although, procedures have been implemented to safe guard any talent utilizing the HollyBolly software to gain and get in touch with various talent and casting professionals. Please be mindful, not to provide any banking information, home address or any personal information of sensitive nature to anyone on the online platform. Discretion is advised at any stage of the process.
13. Spam and Your Email Address
a. Your email address is used to identify your membership, and to sign in to the site.
b. After registering with HollyBolly you will be automatically registered to receive regular casting call updates, promotional material relating to HollyBolly, Newsletters outlining upcoming events such as parades, workshops or showcases, and/or relevant information pertaining to casting calls and auditioning matching your skillset listed in your profile.
c. You may also receive direct alerts, account updates and changes to HollyBolly features.
d. At any stage you’re able to unsubscribe from any of our emails, either by using the 'unsubscribe' link provided in a received HollyBolly email, changing your email settings on your profile or by contacting us directly at firstname.lastname@example.org.
6. INDEPENDENT SERVICES
a. Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by HollyBolly.
7. ADVERTISEMENT RIGHTS
a. HollyBolly reserves the rights to display sponsored ads on the Website/Mobile/Tablet Application. These ads would be marked as ‘Sponsored Listings’.
b. Without prejudice to the status of other content, HollyBolly will not be liable for the accuracy of information or the claims made in the Sponsored Listings.
c. HollyBolly does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. HollyBolly will not be liable for the services of the providers of the Sponsored Listings.
d. You represent and warrant that you will use these Services in accordance with the applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and HollyBolly accepts no liability for the same.
8. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
1) As mandated by applicable laws and/or any regulation, HollyBolly hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
a. Belongs to another person and to which the User does not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
2) Users are also prohibited from:
a. Violating or attempting to violate the integrity or security of the Application Content;
b. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by HollyBolly;
c. intentionally submitting on the Application any incomplete, false or inaccurate information;
d. making any unsolicited communications to other Users;
e. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
f. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
g. copying or duplicating in any manner any of the Application’s Content or other information available from the Website/Application;
h. framing or hot linking or deep linking any of the Application’s Content;
i. violating or attempting to violate the integrity or security of the Application or any of the Application’s Content;
j. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by HollyBolly;
k. intentionally submitting on the Application any incomplete, false or inaccurate information;
l. making any unsolicited communications to other Users;
m. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
n. attempting to decipher, recompile, disassemble or reverse engineer any part of the Application;
o. copying or duplicating in any manner any of the Application’s Content or other information available from the Application;
p. framing or hot linking or deep linking any of the Application’s Content.
q. Sending any communication that can be classified as ‘spam’ defined as under, including but not limited to:
1. Irrelevant or unsolicited messages sent over the Internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware, etc.
2. Unwanted or intrusive advertising on the Application:
3. Send the same or similar message indiscriminately;
4. Any content that is reported as spam by its receiver.
3) HollyBolly upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Application is being used by the User to commit any unlawful act and/or is being used in violation of this Clause 8, shall be entitled to remove or disable access to the material or information that is in contravention of this Clause 8. HollyBolly shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
b. HollyBolly may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. HollyBolly will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
c. HollyBolly may use the content as and when required for debugging or rectifying the application or resolve any issues.
a. HollyBolly reserves the right to suspend or terminate a User’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
1. Such User breaches any terms and conditions of this Agreement;
2. A third party reports violation of any of its right as a result of your use of the Services;
3. HollyBolly has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
4. HollyBolly believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for HollyBolly or are contrary to the interests of the Application.
b. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same Account or under a different Account or re-register under a new Account. On termination of an Account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User.
c. In the event of termination of this Agreement as provided in these presents, the User shall neither be entitled to any refund of the Subscription Fees paid for use of any Services as provided under the Application nor be entitled to any kind of adjustment thereof and the same shall be treated forfeited as on the date of termination of this Agreement. HollyBolly shall not be liable for any such forfeiture.
10. LIMITATION OF LIABILITY
a. In no event, including but not limited to negligence, shall HollyBolly or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the use of, or the inability to use the Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
1. Provision of or failure to provide all or any service to End-Users contacted or managed through the Application;
2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Application;
3. Any unauthorized access to or alteration of your transmissions or data; or
4. Any other matter relating to the Website, Application or the Service.
5. StillFrill shall not be held responsible for any act, including but not limited to, loss of data, unavailability or service and/ or user discomfort which might follow on account of maintenance of Application, upgradation of the Application, viruses and hacking attacks or any act which might occur by Force Majeure.
a. User agrees to indemnify and hold harmless HollyBolly, its affiliates, officers, directors, employees, consultants, licencors, agents, and representatives from and against claims (including any third party claim), losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation/breach of this Agreement or any provision hereof, or infringement, or infringement by any other User of his/her/its Account, of any intellectual property or other right of any person or entity. HollyBolly will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. APPLICABLE LAW AND DISPUTE SETTLEMENT
a. You agree that this Agreement and any contractual obligation between HollyBolly and User will be governed by the laws of India and Australia.
b. Subject to the above Clause 11, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.
c. In accordance, to any legislation in Australia with/without jurisdiction.
13. CONTACT INFORMATION GRIEVANCE OFFICER
a. If a User has any questions concerning the Application, this Agreement, the Services, or anything related to any of the foregoing, HollyBolly’s customer support can be reached at the following email address email@example.com via the contact information available from the following hyperlink: www.hollybolly.com.au
b. In accordance with the Acts in both Indian and Australian Jurisdiction and the rules made there under, if you have any grievance with respect to the Website/Application or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Grievance Officerr: firstname.lastname@example.org.
a. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
a. No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by HollyBolly. Any consent by HollyBolly to, or a waiver by HollyBolly of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.