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Katie Blomquist

2 months ago

My pivot happened right when quarantine started in March. I had just created Katie Blomquist, LLC to teach people how to start or revamp their nonprofit but I never planned on it happening so quickly or running it mostly full-time for months straight. For the last 3.5yrs, I have been running, full-time the nonprofit, Going Places, where I am the Founder and Executive Director. We provide new, custom bikes to EVERY child at once in the low-income elementary schools in big, surprise bike reveals- so we are giving 400, 600, etc bikes at once! Once the pandemic hit, we came to screeching halt when it came to events and donations. I quickly realized with so much unknown, I didn’t know what the future held for us and if I was going to be able to keep making a salary. I knew I needed a new stream of steady income and fast. I launched my 7 month, online course where I guide people, month by month through video lessons and one-on-one coaching on how to start and grow or revamp their nonprofit. I quickly more than doubled my Going Places salary in the first several months of launching my course, “Start and Grow Your Nonprofit”. https://bit.ly/KatieBlomquistLLCYouTube, https://www.facebook.com/KatieBlomquistLLC, KatieBlomquistLLC@gmail.com, https://bit.ly/StartAndGrowYourNonprofit

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Mission — Vision

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The Infinite Portal

MISSION — The BHUMMI mission is to empower BHUUMI users to be independent entrepreneurs who will prosper, learn and grow. BHUUMI will provide services from around the world via the Infinite Portal.

VISION — BHUUMI is a worldwide phenomenon providing a "Route out of poverty". BHUUMI entrepreneurs will be given access to finances based on the principle of microlending. Individuals with little or no collateral who have unlimited ideas and potential to serve their community will be ideal BHUUMI entrepreneurs. They will be provided with support through education and training.

BHUUMI Drivers

Pay only $1 per ride and keep all the profits!

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Coming Soon

BHUUMI Ride

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BHUUMI Driver

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BHUUMI Ride is designed to empower it’s users to be successful entrepreneurs who are working for themselves and their families while earning a respectful and sustainable livelihood by increasing their standard of living.

  • Only pay $1 to BHUUMI per ride and keep all profits
  • Get paid instantly after the ride is completed
  • Be your own Boss
  • Set your own schedule
  • Use the latest technology
  • Easy sign-up
  • Individual BHUUMI secure ID Card
  • Individual registered/numbered BHUUMI sticker for vehicle.
  • Online support

BHUUMI Ride

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BHUUMI Driver

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Come Join the BHUUMI Team!

About Us

FAQs

What is BHUUMI and how is it different from other businesses?

BHUUMI is the portal for connecting people. BHUUMI is here solely for the betterment of society. We will never sell any products or services ourselves.

How much does it cost to use the BHUUMI website?

The BHUUMI website is free to use for everyone.

Where do BHUUMI profits go?

BHUUMI profits will go back to BHUUMI users and help entrepreneurs start their own businesses.

Will BHUUMI ever give my information away?

Bhuumi users are our strength and your privacy is our utmost priority. All information shared with us will remain highly confidential. User data will not be sold or shared with any entity and will be deleted every six months unless users choose otherwise.

What are some of the advantages of using BHUUMI Ride as a passenger?

BHUUMI Ride will operate like all major ride-share companies. In addition drivers will have a BHUUMI ID. and will be vetted before they can be a BHUUMI Driver. BHUUMI riders will know that profits from each ride will go to drivers and not to a big corporation.

What are the advantages of being a BHUUMI Driver?

BHUUMI Drivers will only pay BHUUMI $1 per trip. All other profits will remain with the BHUUMI Driver to grow and support their business.

What are some of the advantages of using the BHUUMI website?

The website is very user friendly and easy to navigate. Users can communicate via BHUUMI Chat quickly and easily and use the site to navigate the World Wide Web.

How can I find out more information about BHUUMI?

Our business plan and Mission / Vision statement is available on the BHUUMI website.

The website talks about BHUUMI helping create entrepreneurs. How does that work?

Please click on Mission / Vision at the bottom of the website.

How do I contact BHUUMI for support?

Email us at - info@bhuumi.com

Donate / Invest

BHUUMI appreciates your donations and they are acceptable at any time.
"At BHUUMI, funds collected will be dispersed in accordance with our Mission/Vision, and will empower BHUUMI users to be independent entrepreneurs who will prosper, learn and grow.

BHUUMI Rideshare Credits.

BHUUMI Ride Credits can be obtained by donating to BHUUMI in $5 increments. A $1 cost reduction will be given by drivers to riders at the end of each ride.
For every $5 donated, ten BHUUMI Credits will be added to your BHUUMI Rideshare account.
For example - A $50 donation will receive 100 Ride Credits, worth $100 in ride savings. After 10 rides, a total deduction of $10 will have been given.

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Terms and Conditions of Use

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The Infinite Portal

Our mission is to empower BHUUMI users to be independent entrepreneurs who will prosper, learn and grow. BHUUMI will provide services from around the world via the Infinite Portal. BHUUMI is a worldwide phenomenon providing a "Route out of poverty" with support through education and training.

Greetings from BHUUMI

Thanks for using BHUUMI

When you use Services provided by BHUUMI you agree to all of those terms mentioned below (including some additional policies added as and when required):

A. General Terms & Conditions
B. Acceptable Use Policy,
C. Privacy Policy
D. Cookie Statement
E. IP Policy
F. Branding Guidelines
G. API Use Policy, and
H. Dispute Resolution Policy
I. Dispute Resolution and Arbitration Agreement for All users except India
J. Dispute Resolution and Arbitration Agreement for Indian users.

Please read these Terms carefully. By using BHUUMI or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement (“Agreement”) between you and BHUUMI.

General Terms & Conditions

Bhuumi INC. (“Bhuumi,” “our,” “we,” or “us”) provides marketing platform, and other services to users around the world. We builds technologies and services that enable people to connect with each other, build communities, and grow businesses Please read our Terms of Service so you understand what’s up with your use of Bhuumi platform. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

You agree that by clicking “Join Now”, “Join Bhuumi”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Bhuumi (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services

Please read these Terms carefully They include a binding arbitration clause (see Dispute Resolution policy) requiring you and us to arbitrate our claims instead of suing in court.. By using BHUUMI or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement (“Agreement”) between you and BHUUMI as per the provisions of applicable laws.

These Terms are governed by the laws of India for Indian Users and laws of State of Carolina, USA for all other users. You irrevocably consent to the BINDING ARBITRATION PROCEEDINGS for all disputes arising out of or relating to these Terms . PLEASE READ THE “APPLICABLE LAWS & DISPUTE RESOLUTION POLICY, ARBITARTION AGREEMENT FOR ALL USERS (EXCEPT INDIAN USERS) and ARBITARTION AGREEMENT FOR INDIAN USERS” here.

We’ll start with the basics, including a few definitions that should help you understand these Terms.

1. BHUUMI: BHUUMI INC (“BHUUMI,” “we” or “us”) is an online marketing platform (the “App”) that allows you to manage your contacts, and to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, Websites, and mailings (each a “Campaign,” and collectively, “Campaigns”), among other things. The App is offered through our websites, including http://www.BHUUMI.com, and any other website or mobile application owned, operated or controlled by us (we’ll collectively refer to these as the “BHUUMI Site,” and together with the App, the “Service”). BHUUMI is a South Carolina company whose legal name is BHUUMI Inc .

2. TEAM: BHUUMI INC and its affiliates has employees, directors, agents independent contractors, and representatives collectively or severally known as Our Team.

3. MEMBER: As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

4. SERVICE: The facilities provided to you as Member by BHUUMI i.e. to manage your contacts, and to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, Websites, and mailings (each a “Campaign,” and collectively, “Campaigns”), among other things through our websites, including http://www.BHUUMI.com, and any other website or mobile application owned, operated or controlled by us.

5. CONTENT: Any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”)

6. TERMS: These Standard Terms of Use ( including our Acceptable Use Policy, API Use Policy, Privacy Policy, Cookie Statement, IP Policy, Dispute Resolution Policy, and Brand Guidelines) which define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. When you use our Services you agree to comply with these General Terms & conditions alongwith all of those terms mentioned below(including any updates by BHUUMI to these General Terms & Conditions and those terms and policies):

A. Standard Terms of Use
B. Acceptable Use Policy,
C. Privacy Policy
D. Cookie Statement
E. IP Policy
F. Branding Guidelines
G. API Use Policy, and
H. Dispute Resolution Policy
I. Dispute Resolution and Arbitration Agreement for All users except India
J. Dispute Resolution and Arbitration Agreement for Indian users.

If you don’t agree to these Terms, you must immediately discontinue your use of the Service. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.

7. ADD-ONS- Some features of the Service are offered as add-ons to your BHUUMI account (“Add- ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons.

8. ADDITIONAL TERMS: Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”). Additional Terms for Add-ons can be found on our BHUUMI Site at www.BHUUMI.com and Members agree to the applicable Additional Terms at the time they choose to add the corresponding Add-on. Also note that a Member’s account may have access to unique features of the Service based on their historic usage or status.

BHUUMI uses Google Maps to provide certain features of the Service, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Service, you are also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

If you download the App through the Apple App Store, Google Play or other app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the Service, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN DISPUTE RESOLUTION POLICY BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND BHUUMI ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

If you have any questions about our Terms, feel free to contact@BHUUMI.com

Account 

1.     Eligibility 

 

In order to use the Service, you must: 

 

  1. be at least eighteen (18) years old and able to enter into contracts; 
  2. complete the account registration process; 
  3. agree to these Terms; 
  4. provide true, complete, and up-to-date contact information; 
  5. not be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and 
  6. not be listed on any U.S. government list of prohibited or restricted persons. 

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. BHUUMI may refuse service, close accounts of any Members, and change eligibility requirements at any time. 

 

2.     Term 

 

When you sign up for an account and agree to these Terms, the Agreement between you and BHUUMI is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a BHUUMI account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.

 

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN DISPUTE RESOLUTION POLICY BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND BHUUMI ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

 

3.     Closing Your Account 

 

You or BHUUMI may terminate the Agreement at any time and for any reason by terminating your BHUUMI account or giving notice to the other party. You may end your legal agreement with BHUUMI at any time by deactivating your accounts and discontinuing your use of the Services.

 

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the BHUUMI Rules and Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, If you believe your account was terminated in error you can file an appeal with us.

Once your account is terminated and  you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns, Usernames (which are unique and can only be used once), will no longer be available for use on any future accounts and cannot be reclaimed. 

4. Changes 

 

We are constantly changing and improving our Services. We may change any of the Terms by posting revised Terms on our BHUUMI Site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

5. Account and Password 

 

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that BHUUMI is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. 

6. Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report to our team) or contacting our designated our legal counsel:

Attn. Legal Department,

 BHUUMI INC,

 820 Central Ave,

Summerville,

South Calorina 29483,

 

 or any addresses as we may later post on the BHUUMI Site. 

 

7. Using our Services

 

You must follow Acceptable Use Policy or any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not BHUUMI’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow Acceptable Use Policy including these rules:

 

  1. Don’t do anything illegal.
  2. Don’t engage in any activity that exploits, harms, or threatens to harm children.
  3. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
  4. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
  5. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
  6. Don’t circumvent any restrictions on access to or availability of the Services.
  7. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
  8. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
  9. Don’t engage in activity that violates the privacy of others.
  10. Don’t help others break these rules.

 

8.     Permissions You Give to Us

 

As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it.


Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, visit the our help center.

 

  • Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on BHUUMI SERVICES, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Bhuumi. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings.

  • You agree that we can download and install updates to the Service on your device.

 

Additional Rights We Retain

  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
  • You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelinesor with our prior written permission.

You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. To learn more, please read our API Use Policy or visit the our help center.

 

9.     Account Disputes 

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of BHUUMI. 

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved. 

 

10. Audience and Archiving 

 

You may have several types of contacts in your BHUUMI account, i.e. Subscribed, unsubscribed, and non-subscribed contacts count towards your audience. Cleaned, pending, reconfirmed, deleted, and archived contacts do not count towards your audience. You may elect to archive contacts at any time, but any profile changes for an archived contact (whether initiated by you, the contact, or an integration) will automatically unarchive that contact. You cannot engage in any activity through the Service with archived contacts unless and until they are unarchived.

 

 

11. Feedback and Proprietary Rights 

We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service, and you may only use our brand assets according to our Brand Guidelines and IP Policy. 

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to BHUUMI in the course of using the Service or which BHUUMI retrieves or accesses at your direction or with your permission (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, or any other Policy being applicable in the case. 

You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services. 

 

12. Privacy Policy 

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service. By using our Services, you agree that BHUUMI can use such data in accordance with our privacy policies.

 

13. Right to Review Content and Campaigns 

We may view, copy, and internally distribute Content from your Campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts. 

 

14. General Rules regarding use 

By agreeing to these Terms, you promise to follow these rules: 

  1. You won’t send spam! 
  2. You won’t use purchased, rented, or third-party lists of email addresses. 
  3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms. 
  4. If you use our API, you’ll comply with our API Use Policy, which forms part of 

these terms. 

BHUUMI doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following: 

A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm or violence against 

others. 

Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious afiliation, age, disability, disease, or immigration status. 

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either: 

  • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm; 
  • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm. If you violate any of these rules, then we may suspend or terminate your account. 

 

15. Reporting Abuse 

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a BHUUMI Member, please report it to our team at contact@bhuumi.com. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our IP Policy and Branding Guidelines. 

 

16. Bandwidth Abuse/Throttling 

 

You may only use our bandwidth for your Content and Campaigns. We provide image and data hosting only for your use of the Service, so you may not host images on our servers for anything else. We may throttle your sending or connection through our API at our discretion. 

 

17. Compliance with Laws 

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (“EU Data Privacy Laws”), the United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, the Fair Credit Reporting Act, the Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws. 

If you collect any personal information pertaining to a minor and store such information within your BHUUMI account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives. 

If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”), and/or distribute Campaigns or other Content through the Service to, and/or otherwise collect information through the Service from, anyone located in those countries (each such Member an “EEA Member”), you agree, represent and warrant (as applicable) to BHUUMI that: 

  1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable data protection laws, (b) describes your use of the Service, and (c) includes a link to BHUUMI’s Privacy Policy. 
  2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to BHUUMI and to enable such data to be lawfully collected, processed, and shared by BHUUMI for the purposes of providing the Service or as otherwise directed by you. 
  3. You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices. 
  4. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable BHUUMI to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in the Cookie Statement. 
  5. You are subject to BHUUMI’s data processing techniques, which will apply when and to the extent BHUUMI processes Customer Data protected by Data Protection Laws applicable to the EEA (all as defined in the DPA). The DPA sets out our obligations with respect to data protection and security when processing such Customer Data in connection with the Service and forms part of these Terms. 

In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly. 

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 18. 

 

18.Export Controls 

The software that supports the App (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the U.S. government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you will not, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, the officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons. 

It’s important to note that this Section 19 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern BHUUMI, the Service, or the Software. You’re downloading and using the Software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws. 

 

19. Limitation of Liability 

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the BHUUMI Site; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages;

We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation. 

20. No Warranties 

To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranty of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it will meet your specific needs. 

 

21. Indemnity 

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us. 

 

22.Equitable Relief 

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a competent authority order to stop you). Please refer our Dispute Resolution Policy for details.

 

23. Subpoena Fees 

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition. 

 

24. Disclaimers 

 

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration. 

 

25. Notice to U.S. Government End Users 

The Software and the BHUUMI Site, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users: 

  1. only as Commercial Items, 
  2. with the same rights as all other end users, and 
  3. according to the Terms. 

Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is BHUUMI INC, South Carolina.

 

26. Assignments 

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion. This agreement does not give rights to any third parties.

 

27. Governing  Law 

These Terms are governed by the laws of India for Indian Users and laws of State of Carolina, USA for all other users. You  irrevocably consent to the  BINDING ARBITRATION PROCEEDINGS  for all disputes arising out of or relating to these Terms . PLEASE READ THE “APPLICABLE LAWS & DISPUTE RESOLUTION POLICY, ARBITARTION AGREEMENT FOR ALL USERS (EXCEPT INDIAN USERS) and ARBITARTION AGREEMENT FOR INDIAN USERS” here.

 

28.Force Majeure 

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers. 

29. Survivability 

Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement. 

 

30. Severability 

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid. 

 

31. Interpretation 

The headers and sidebar text are provided only to make these Terms easier to read and 

understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted. 

32.Waiver 

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point. 

 

33. No Changes in Terms at the Request of Member 

Because we have so many Members, we can’t change these Terms for any one Member or group. 

 

34. Further Actions 

You’ll provide all information and  documents and take any actions necessary to meet your obligations under these Terms. 

 

35. Notification of Security Incident 

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of BHUUMI for such incident. 

 

36.Notices 

 

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our BHUUMI Site. Any notice to us will be effective when delivered to us: Attn. Legal Department, BHUUMI INC, 820 Central Ave, Summerville, South Calorina 29483, or any addresses as we may later post on the BHUUMI Site. 

37. Entire Agreement 

These Terms and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add- on. 

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict. 

We reserve all rights not expressly granted to you in this agreement.

Congratulations! You’ve reached the end. 

Thanks for taking the time to learn about BHUUMI’s Standard Terms of Use. 

Effective April 1, 2020. 

 

 

 

 

 

 

 

Acceptable Use Policy

 

 Effective on 1st April, 2020


This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by BHUUMI Inc. and its affiliates (the “Services”) and the website located at http://www.bhuumi.com (the “BHUUMI Site”) or its application software i.e. BHUUMI Ride, BHUUMI CHAT, BHUUMI SOCIAL etc. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the BHUUMI Site. By using the Services or accessing the BHUUMI Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.

  1. No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or BHUUMI Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

  • Illegal, Harmful or Fraudulent Activities:Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
  • Infringing Content:Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content:Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  • Harmful Content: Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
  1. No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Unauthorized Access: Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Interception:Monitoring of data or traffic on a System without permission.
  • Falsification of Origin:Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
  1. No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  • Monitoring or Crawling:Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Denial of Service (DoS): Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference:Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Operation of Certain Network Services:Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  • Avoiding System Restrictions:Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
  1. No E-Mail or Other Message Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or BHUUMI Site. We may:

  • investigate violations of this Policy or misuse of the Services or BHUUMI Site; or
  • remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the BHUUMI Site.

 

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Reporting of Violations of this Policy

If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please contact us at contact@bhuumi.com .

 

 

BHUUMI PRIVACY POLICY

 

PRIVACY POLICY

 

INTRODUCTION

 

This Privacy Policy sets out how we, BHUUMI INC, BHUUMI EMPOWERS PRIVATE LIMITED (“BHUUMI”), use and protect your personal data that you provide to us, or that is otherwise obtained or generated by us, in connection with your use of our cloud-based messaging services (the “Services”) or any other services through our platforms i.e. BHUUMI RIDE, BHUUMI CHAT, BHUUMI SOCIAL or BHUUMI Webciste . For the purposes of this Privacy Policy, ‘we’, ‘us’ and ‘our’ refers to Bhuumi, and ‘you’ refers to you, the user of the Services.

BHUUMI INC complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  BHUUMI INC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

OUR COMMITMENT TO YOU

 

At Bhuumi, your privacy is a top priority. Your privacy is at the core of the way we design and build the services and products you know and love, so that you can fully trust them and focus on building meaningful connections.

We appreciate that you put your trust in us when you provide us with your information and we do not take this lightly.

We do not compromise with your privacy. We design all of our products and services with your privacy in mind. We involve experts from various fields, including legal, security, engineering, product design and others to make sure that no decision is taken without respect for your privacy.

We strive to be transparent in the way we process your data. Because we use many of the same online services you do, we know that insufficient information and overly complicated language are common issues in privacy policies. We take the exact opposite approach: we have written our Privacy Policy and related documents in plain language. We actually want you to read our policies and understand our privacy practices!

We work hard to keep your information secure. We have teams dedicated to keeping your data safe and secure. We constantly update our security practices and invest in our security efforts to enhance the safety of your information.

Our Privacy Policy helps explain our information (including message) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building Bhuumi App so delivered messages aren’t stored and giving you control over who you communicate with on our Services.

When we say “Bhuumi,” “our,” “we,” or “us,” we’re talking about Bhuumi INC, Bhuumi Empowers Private Limited, BHUUMI CHAT, BHUUMI RIDE, BHUUMI SOCIAL. This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and website (together, “Services”) unless specified otherwise.

WHO WE ARE

If you live in the United States, the company that is responsible for your information under this Privacy Policy (the “data controller”) is:

Privacy Officer

Mr. Jagdish Hiranandani

BHUUMI INC

Address: 820 Central Ave, Summerville, SC 29483

Email: Contact@bhuumi.com

 

If you live in India , the company responsible for your information is:

Privacy Officer:

Mr. Jagdish Hiranandani
Bhuumi Empowers Private Limited

C-77, Sector-2 , Noida,

Gautam Budhh Nagar-201301,

Uttar Pradesh, India

Email: Contact@bhuumi.com

 

WHERE THIS PRIVACY POLICY APPLIES

This Privacy Policy applies to websites, apps, events and other services operated by Bhuumi. For simplicity, we refer to all of these as our “services” in this Privacy Policy. To make it extra clear, we’ve added links to this Privacy Policy on all applicable services.

Some services may require their own unique privacy policy. If a particular service has its own privacy policy, then that policy – not this Privacy Policy – applies.

This Privacy Policy forms part of our Terms of Service, which describes the terms under which you use our Services and which are available at ____________(link). This Privacy Policy should therefore be read in conjunction with those terms.

INFORMATION WE COLLECT

It goes without saying, we can’t help you develop meaningful connections without some information about you, such as basic profile details and the types of people you’d like to contact. We also collect information generated as you use our services, for example access logs, as well as information from third parties, like when you access our services through a social media account. If you want additional info, we go into more detail below.

Bhuumi has two fundamental principles when it comes to collecting and processing private data:

We don't use your data to show you ads.

We only store the data that Bhuumi needs to function as a secure and feature-rich messaging service

Information you give us

You choose to give us certain information when using our services. This includes:

When you create an account, you provide us with at least your login credentials, as well as some basic details necessary for the service to work, such as your gender and date of birth.

When you complete your profile, you can share with us additional information, such as a profile name, profile picture, and status message and other details about you, as well as content such as photos and videos. To add certain content, like pictures or videos, you may allow us to access your camera or photo album. Some of the information you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation and religious beliefs. By choosing to provide this information, you consent to our processing of that information.

Bhuumi uses phone numbers as unique identifiers so that it is easy for you to switch from SMS and other messaging apps and retain your social graph. We ask your permission before syncing your contacts. We store your up-to-date contacts in order to notify you as soon as one of your contacts signs up for Bhuumi and to properly display names in notifications. We only need the number and name (first and last) for this to work and store no other data about your contacts. Our automatic algorithms can also use anonymized sets of phone numbers to calculate the average number of potential contacts an unregistered phone number may have on Bhuumi. When you open the ‘Invite friends’ interface, we display the resulting statistics next to your contacts to give you an idea of who could benefit most from joining Bhuumi. You can always stop syncing contacts or delete them from our servers in Settings. If you are using Android, Bhuumi will ask you for permission to access your phone call logs (READ_CALL_LOG). If you grant this permission, Bhuumi will be able verify your account by transmitting a one time password by asking you to enter a code. Bhuumi uses this permission only to confirm receipt of the confirmation call by verifying the number in the call log.

We do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. Your messages are stored on your own device. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 30 days as we try to deliver it. If a message is still undelivered after 30 days, we delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for our Services, which is on by default.. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them.

When you subscribe to a paid service or make a purchase directly from us (rather than through a platform such as iOS or Android), you provide us or our payment service provider with information, such as your debit or credit card number or other financial information.

To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.

When you participate in surveys or focus groups, you give us your insights into our products and services, responses to our questions and testimonials.

When you choose to participate in our promotions, events or contests, we collect the information that you use to register or enter.

If you contact our customer care team, we collect the information you give us during the interaction. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service.

If you ask us to communicate with or otherwise process information of other people (for example, if you ask us to send an email on your behalf to one of your friends), we collect the information about others that you give us in order to complete your request.

Of course, we also process your chats with other users as well as the content you publish, as part of the operation of the services.

We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We collect device location information if you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.

We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.

Information we receive from others

In addition to the information you provide us directly, we receive information about you from others, including:

Other Users: Other users may provide information about you as they use our services. For instance, we may collect information about you from other users if they contact us about you.

 

Social Media: You may be able to use your social media login (such asFacebook Login) to create and log into your Bhuumi account. This saves you from having to remember yet another user name and password and allows you to share some information from your social media account with us.

 

Other Partners: We may receive info about you from our partners, for instance where Bhuumi ads are published on a partner’s websites and platforms (in which case they may pass along details on a campaign’s success).

 

Third-Party Providers: We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues. In accordance with the Privacy Shield Principles, BHUUMI is liable for any processing of personal data by such third parties that is inconsistent with the Privacy Shield Principles unless BHUUMI was not responsible for the event giving rise to any alleged damage.

 

Third-Party Services: We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the Bhuumi share button on a news service to share a news article with your Bhuumi contacts, groups, or broadcast lists on our Services, or if you choose to access our Services through a mobile carrier’s or device provider’s promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

 

Information collected when you use our services

When you use our services, we collect information about which features you’ve used, how you’ve used them and the devices you use to access our services. See below for more details:

Usage Information: We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges, number of messages you send and receive).

 

Device information: We collect information from and about the device(s) you use to access our services, including: hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple’s IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address);

information on your wireless and mobile network connection, like your service provider and signal strength;

information on device sensors such as accelerometers, gyroscopes and compasses.

Other information with your consent. If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it.

 

Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming on the services).

 

COOKIES AND OTHER SIMILAR DATA COLLECTION TECHNOLOGIES

 

We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide Bhuumi for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you. 

The only cookies we use are those to operate and provide our Services on the web. We do not use cookies for profiling or advertising. The cookies we use are small text files that allow us to provide and customize our Services, and in doing so provide you with an enhanced user experience. Your browser should allow you to control these cookies, including whether or not to accept them and how to remove them. You may choose to block cookies with your web browser, however, if you do disable these cookies you will not be able to log in to Bhuumi Web. Please read our Cookie Statement here.

HOW WE USE INFORMATION

 

The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe and to provide you with advertising that may be of interest to you. Read on for a more detailed explanation of the various reasons we use your information, together with practical examples.

To administer your account and provide our services to you

Create and manage your account

Provide you with customer support and respond to your requests

Complete your transactions

Communicate with you about our services, including order management and billing

To help you connect with other users

Analyze your profile and that of other users to recommend meaningful connections

Show users’ profiles to one another

To ensure a consistent experience across your devices

Link the various devices you use so that you can enjoy a consistent experience of our services on all of them. We do this by linking devices and browser data, such as when you log into your account on different devices or by using partial or full IP address, browser version and similar data about your devices to help identify and link them.

To serve you relevant offers and ads

Administer sweepstakes, contests, discounts or other offers

Develop, display and track content and advertising tailored to your interests on our services and other sites

Communicate with you by email, phone, social media or mobile device about products or services that we think may interest you

To improve our services and develop new ones

Administer focus groups and surveys

Conduct research and analysis of users’ behavior to improve our services and content (for instance, we may decide to change the look and feel or even substantially modify a given feature based on users’ behavior)

Develop new features and services (for example, we may decide to build a new interests-based feature further to requests received from users).

To prevent, detect and fight fraud or other illegal or unauthorized activities

Address ongoing or alleged misbehavior on and off-platform

Perform data analysis to better understand and design countermeasures against these activities

Retain data related to fraudulent activities to prevent against recurrences

To improve the security of your account, as well as to prevent spam, abuse, and other violations of our Terms of Service, we may collect metadata such as your IP address, devices and Bhuumi apps you've used, history of username changes, etc. If collected, this metadata can be kept for 12 months maximum.

To prevent phishing, spam and other kinds of abuse and violations of Bhuumi’s Terms of Service, our moderators may check messages that were reported to them by their recipients. If a spam report on a message you sent is confirmed by our moderators, your account may be limited from contacting strangers – temporarily or permanently. You can send an appeal using contact@bhuumi.com. In case of more serious violations, your account may be banned. We may also use automated algorithms to analyze messages in cloud chats to stop spam and phishing.

No Third-Party Banner Ads

We do not allow third-party banner ads on Bhuumi. We have no intention to introduce them, but if we ever do, we will update this policy.

To ensure Commercial Messaging.

We will allow you and third parties, like businesses, to communicate with each other using Bhuumi, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive flight status information for upcoming travel, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make.

To ensure legal compliance

Comply with legal requirements

Assist law enforcement

Enforce or exercise our rights, for example our Terms

To process your information as described above, we rely on the following legal bases:

Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users and recommend other users to you.

 

Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes.

 

Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.

HOW WE SHARE INFORMATION

 

We do share some users’ information with service providers and partners who assist us in operating the services, with other Match Group companies and, in some cases, legal authorities. Read on for more details about how your information is shared with others.

With other users: You share information with other users when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being publicly viewable since neither you nor we can control what others do with your information once you share it.If you choose to limit the audience for all or part of your profile or for certain content or information about you, then it will be visible according to your settings.

 

With our service providers and partners: We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations.We may also share information with partners who distribute and assist us in advertising our services. For instance, we may share limited information on you in hashed, non-human readable form to advertising partners. We follow a strict vetting process prior to engaging any service provider or working with any partner. All of our service providers and partners must agree to strict confidentiality obligations.

 

For corporate transactions: We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control. In accordance with the Privacy Shield Principles, BHUUMI is liable for any processing of personal data by such third parties that is inconsistent with the Privacy Shield Principles unless BHUUMI was not responsible for the event giving rise to any alleged damage.

 

When required by law: We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.

 

To enforce legal rights: We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

 

With your consent or at your request: We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information and will do that in accordance to the Privacy Shield Principles.

 

We may use and share non-personal information (meaning information that, by itself, does not identify who you are such as device information, general demographics, general behavioral data, geolocation in de-identified form), as well as personal information in hashed, non-human readable form, under any of the above circumstances. We may also share this information with other Group companies and third parties (notably advertisers) to develop and deliver targeted advertising on our services and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine this information with additional non-personal information or personal information in hashed, non-human readable form collected from other sources. More information on our use of cookies and similar technologies can be found in our Cookie Policy.

YOUR RIGHTS

We want you to be in control of your information, so we have provided you with the following tools:

Access / Update tools in the service: Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any question on those tools and settings, please contact our customer care team for help here.

Device permissions: Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.

Deletion: You can delete your account by using the corresponding functionality directly on the service.

We want you to be aware of your privacy rights. Here are a few key points to remember:

Reviewing your information: Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information by putting in such a request here.

Updating your information: If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us here.

For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.

Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released.

Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth.

Uninstall: You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.

Accountability: In certain countries, including in the United States, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.  Please contact us with any questions or concerns relating to our Privacy Shield certification. You have the option to resolve any applicable disputes you have with us in connection with our certification through ICDR/AAA, an alternative dispute resolution provider based in the United States. You can contact ICDR/AAA through their website http://go.adr.org/privacyshield.html. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.

HOW WE PROTECT YOUR INFORMATION

 

We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure.

We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures.

We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately here.

In order to ensure that our systems and your information are protected against unauthorized access, theft and loss, we implemented a bug bounty program. For more information about our bug bounty program, please contact us.

 

HOW LONG WE RETAIN YOUR INFORMATION

 

We keep your personal information only as long as we need it for legitimate business purposes (as laid out above  and as permitted by applicable law). To protect the safety and security of our users on and off our services, we implement a one-year safety retention window following account deletion. During this period, account information will be retained although the account will of course not be visible on the services anymore.

In practice, we delete or anonymize your information upon deletion of your account (following the safety retention window) or after two years of continuous inactivity, unless:

We must keep it to evidence our compliance with applicable law (for instance, records of consents to our Terms, Privacy Policy and other similar consents are kept for five years);

there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or

the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.

Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific time frame due to technical constraints.

ASSIGNMENT, CHANGE OF CONTROL, AND TRANSFER

 

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner

 

LAW ENFORCEMENT

 

We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, Bhuumi App, the Bhuumi family of companies, or others. BHUUMI's compliance with the Privacy Shield Principles is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

 

OUR GLOBAL OPERATIONS

 

You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States, India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

 CHILDREN’S PRIVACY

 

Our services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platform and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please use the reporting mechanism available through the service.

 

PRIVACY POLICY CHANGES       

 

Because we’re always looking for new and innovative ways to help you build meaningful connections, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.

HOW TO CONTACT US

 

If you have questions about this Privacy Policy, here’s how you can reach us:

If you live in the United States :

By post:

Privacy Officer: Mr. Jagdish Hiranandani

BHUUMI INC

Address: 820 Central Ave, Summerville, SC 29483

Email: Contact@bhuumi.com

 

If you live in India , the company responsible for your information is:

By post:

Privacy Officer:Mr. Jagdish Hiranandani
Bhuumi Empowers Private Limited

C-77, Sector-2 , Noida,

Gautam Budhh Nagar-201301,

Uttar Pradesh, India

Email: Contact@bhuumi.com

 


COOKIE STATEMENT

BHUUMI website and application softwares uses cookies. By using the website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

ABOUT COOKIES

Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server.

Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.

Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

COOKIES ON THE WEBSITE

We use both session cookies and persistent cookies on the website.

HOW WE USE COOKIES

Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. The cookies used on the website include those which are strictly necessary cookies for access and navigation, cookies that track usage (performance cookies), remember your choices (functionality cookies), and cookies that provide you with targeted content or advertising

We may use the information we obtain from your use of our cookies for the following purposes:

  1. to recognise your computer when you visit the website

 

  1. to track you as you navigate the website, and to enable the use of any e-commerce facilities

 

  1. to improve the website’s usability

 

  1. to analyse the use of the website

 

  1. in the administration of the website

 

  1. to personalise the website for you, including targeting advertisements which may be of particular interest to you.

THIRD PARTY COOKIES

When you use the website, you may also be sent third party cookies.

Our advertisers and service providers may send you cookies. They may use the information they obtain from your use of their cookies:

  1. to track your browser across multiple websites
    2. to build a profile of your web surfing
    3. to target advertisements which may be of particular interest to you.

In addition to the information we provide in this Cookie Policy, you can find out more information about your online choices at http://www.youronlinechoices.co.uk

BLOCKING COOKIES

Most browsers allow you to refuse to accept cookies. For example:

  1. in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector;
  2. in Firefox you can block all cookies by clicking “Tools”, “Options”, and un-checking “Accept cookies from sites” in the “Privacy” box.
  3. in Google Chrome you can adjust your cookie permissions by clicking “Options”, “Under the hood”, Content Settings in the “Privacy” section. Click on the Cookies tab in the Content Settings.
  4. in Safari you can block cookies by clicking “Preferences”, selecting the “Privacy” tab and “Block cookies”.

Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use certain features on the website (log on, access content, use search functions).

DELETING COOKIES

You can also delete cookies already stored on your computer:

  1. in Internet Explorer, you must manually delete cookie files;

 

  1. in Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you “clear private data” (this setting can be changed by clicking “Tools”, “Options” and “Settings” in the “Private Data” box) and then clicking “Clear private data” in the “Tools” menu.

 

  1. in Google Chrome you can adjust your cookie permissions by clicking “Options”, “Under the hood”, Content Settings in the “Privacy” section. Click on the Cookies tab in the Content Settings.

 

  1. in Safari you can delete cookies by clicking “Preferences”, selecting the “Privacy” tab and “Remove All Website Data”.

Obviously, doing this may have a negative impact on the usability of many websites.

CONTACT US

The website is owned and operated by BHUUMI INC, a company registered in South Calorina.

If you have any questions or comments about this Notice, or if you would like us to update information we have about you or your preferences, please send us an email.

You can also write to us at: contact@bhuumi.com .

 

 

INTELLECTUAL PROPERTY POLICY

  Copyrights and Trademarks

BHUUMI Inc. ("BHUUMI," "our," "we," or "us") is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service ("Terms") by installing, accessing, or using our apps, services, features, software, or website (together, "Services"). Our Terms do not allow our users to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks.

As explained in more detail in our Privacy Policy, we do not retain our users' messages in the ordinary course of providing our Services. We do, however, host our users' account information, including our users' profile picture, profile name, or status message, if they decide to include them as part of their account information.

Copyright

To report copyright infringement and request that BHUUMI remove any infringing content it is hosting (such as a BHUUMI user's profile picture, profile name, or status message), please email a completed copyright infringement claim to contact@bhuumi.com (including all of the information listed below).

Before you report a claim of copyright infringement, you may want to send a message to the relevant BHUUMI user you believe may be infringing your copyright. You may be able to resolve the issue without contacting BHUUMI.

Trademark

To report trademark infringement and request that BHUUMI remove any infringing content it is hosting, please email a complete trademark infringement claim to contact@bhuumi.com  (including all of the information listed below).

Before you report a claim of trademark infringement, you may want to send a message to the relevant BHUUMI user you believe may be infringing your trademark. You may be able to resolve the issue without contacting BHUUMI.

What to include in your copyright or trademark infringement claim to BHUUMI

Please include all of the following information when reporting a copyright or trademark infringement claim to BHUUMI:

  • Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.
  • A description of the copyrighted work or trademark that you claim has been infringed.
  • A description of the content hosted on our Services that you claim infringes your copyright or trademark.
  • Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
  • A declaration that:
    • You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
    • The information in your claim is accurate; and
    • You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
    • Your electronic signature or physical signature.

 

 

BHUUMI BRANDING POLICIES

Bhuumi permits its members, third party developers, partners and the media (“you”) to use its name, trademarks, logos, web pages, screenshots and other brand features (the LinkedIn “Brand Features”, “Marks” or “logos”) only in limited circumstances and as specified in these Policies. By using Bhuumi’s Marks, you agree to adhere to these Policies and specifically to the Use Requirements and Terms below. If you have a separate agreement with Bhuumi that addresses use of the Bhuumi brand, that agreement shall govern your use of the Bhuumi Marks.

  1. Our trademarks


BHUUMI, the BHUUMI logo, the BHUUMI RIDE logo and BHUUMI Chat are registered trademarks or trademarks of BHUUMI INC. and its affiliates in the United States and/or other countries.

Our logos

  1. Bhuumi-

logo

logo

logo

  1. Bhuumi Ride

logo

logo

  1. Bhuumi Chat

logo


You should include this attribution, as applicable, with your other trademark and copyright notices.

  1. Use of the “BHUUMI” name in text


When referring to our company, the full name is Bhuumi INC. When referring to our services, the Bhuumi name should be written as one word and used as an adjective followed by a description of our services .The Bhuumi name should always be accompanied by either the ® or ™ symbol.

  • BHUUMI logos


Logos for use by Bhuumi Members

As a Bhuumi member, you may use the downloadable logos to provide or designate a link to your personal profile on the Bhuumi website, or to a Group or Company page on the Bhuumi website, or to Bhuumi’s home page.

If you want to use  words in connection with the any of the Bhuumi  logo to indicate the link to your profile, company or group, you have to take prior written  permission form BHUUMI, please submit your request using this Request for Permission Form .

 

Logos For Use By Partners

If you have a current agreement with Bhuumi, you may download logos for use in accordance with the terms of your agreement with Bhuumi and these Guidelines.


Logos For Use By the Media

Logos may be downloaded for use in reporting on Bhuumi’s business.  These logos may not be altered, combined with other marks or used in a misleading manner. Your use of these logos is subject to your compliance with these Guidelines.

Specific Logo Requests

If you are a member of the media and have any specific requirements, please contact us at contact@bhuumi.com.

  1. Screenshots

 
You may use a standard Bhuumi screenshot (an image of our homepage or company page or products pages) in either print (book, magazine, journal, newspaper) or digital (web page, DVD, CD) formats for an instructive, educational or illustrative purpose. You may not superimpose graphics, photos, or ad copy on the screenshot or otherwise change the look of the screen-captured image.

You may also not use a screenshot of BHUUMI’s personal profile pages or groups pages, nor may you use a screenshot which discloses an image or personal information about individual BHUUMI users unless: (i) the screenshot includes only your personally identifiable information; (ii) all images and/or personal information of individual BHUUMI users (including member identification numbers) is obfuscated and such user(s) cannot be identified; or (iii) you have obtained written permission from all identified users to have their personally identifiable information displayed on the screenshot and to use such screenshot in the manner you intend. The treatment of personal information of BHUUMI users is covered by BHUUMI’s Privacy Policy.

  1. Books or printed materials


BHHUMI does not allow the use of its logos or the name “BHUUMI” in the title or otherwise on the cover of books or other publications without prior written permission of BHUUMI. If you are interested in using the BHUUMI name or logos in a publication, please submit your request using this Request for Permission Form.

For use of screenshots in a book or other printed materials, see “Screenshots” above.

  1. Film and TV


If you would like to use BHUUMI’s logos in a television or film or video production, please submit your request using this Request for Permission Form.

 

 

  • Blogs


BHUUMI does not allow the use of the name BHUUMI in the title of blogs or otherwise in the blog except as a descriptive reference to BHUUMI or its services. BHUUMI does not allow use of its logos in blogs except as permitted for BHUUMI members as permitted in these Guidelines.

  • Manufactured items


Generally, BHUUMI does not permit the use of its Marks on manufactured products (T-shirts, packaging, other memorabilia). If you wish to use BHUUMI’s Marks on manufactured items, please submit your request using the Request for Permission Form and we will consider the request.

  1. Use requirements and terms


All permitted uses of the Bhuumi Marks must conform to the following guidelines:

  • Logo Display:The Bhuumi logo must stand alone. You must maintain a minimum amount of space between the Bhuumi logo and other graphic or textual elements. To preserve the integrity and clarity of the logo, a standard area of “clear space” should be maintained around the logo in all uses. The minimum clear space is defined as “2x” where “x” is measured by the width of the type stroke of the letter “I” in the logo.
  • Logo and Background Color:The Bhuumi logo should always be used in color for online use. The Bhuumi logo should also be used in color for print applications unless the color version is not practical, in which case the logo can be reproduced in solid black. The preferred background color for the logo is solid white. When a solid white color is not practical, it may be used on a solid, light background color. The high resolution logo must be used for all print applications. High resolution logos can be downloaded here. If you are a member of the media and have any specific requirements, please contact us at contact@bhuumi.com.
  • Logo Size:The BHUUMI logos may be provided in different sizes/resolutions in transparent PNG format. To ensure the logo resolution and quality are not degraded, these logos may not be enlarged beyond their native/maximum size. Vector EPS logos may be enlarged beyond their native size. The minimum size is 21px tall on screen, or 0.25” tall (6.35mm) in print applications, measured by the height of the “in” box.
  • No Modification:The Bhuumi Marks must be used as provided by Bhuumi  with no modifications. Don’t remove, distort or alter any element of the Marks, including changing any colors. Do not shorten, abbreviate, or create acronyms out of the Marks.
  • No Confusingly Similar Marks:Don’t use the Marks in a manner that might create potential confusion as to the owner of the Bhuumi Marks or imply that LinkedIn is the source of your products or services.
  • No Incorporation:Don’t incorporate the Bhuumi Marks into your own product name, service names, trademarks, logos, company names, domain names, website title, publication title, application icon, favicon, or the like. Don’t incorporate or use the Bhuumi logo as part of a word.
  • No Generic Use:Don’t use the Bhuumi Marks in a way that suggests a common, descriptive, or generic meaning.
  • No Plural or Possessive Use:Never use the Bhuumi Marks in the plural or possessive form.
  • Domain Names:Don’t register the Bhuumi Marks as domain names or as any part of a domain name.
  • Trade Dress:Don’t copy or imitate Bhuumi’s website design, typefaces, distinctive color, graphics designs or imagery.
  • Endorsement:Don’t display the Bhuumi  Marks in any manner that might imply a relationship or affiliation with, sponsorship, or endorsement by Bhuumi, or that can be reasonably interpreted to suggest that any content has been authorized by or represents the views or opinions of Bhuumi or Bhuumi personnel.
  • Prominence:Don’t display the Bhuumi Marks as the primary or most prominent feature on your web page or in any non-Bhuumi materials.
  • Disparagement:Do not use the Bhuumi Marks in a manner that would disparage Bhuumi INC or its products or services.
  • Violation of Law:Don’t display the Bhuumi Marks on any web site that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under twenty-one years of age, or otherwise violates any law or regulation.
  • Objectionable Use:Don’t display the Bhuumi Marks in a manner that is in Bhuumi’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Bhuumi.
  • Attribution:The Bhuumi Marks must be accompanied by the appropriate ® or ™ symbol. If you use the Marks outside the United States, please see Use Outside the US below.
  • Use Outside the US:Trademark rights vary from country to country. Some countries have penalties for improper use of the registration symbol ®. If using the Marks on sites based outside the United States, use the ™ symbol unless otherwise noted in these Guidelines.
  • Reservation of Rights:Bhuumi INC is the owner of all rights in the Marks and reserves all rights save the limited license granted here. Your use of the Marks pursuant to this license shall not be construed as limiting any of Bhuumi’s rights in the Marks.
  • Termination:Bhuumi may ask you to stop using the Marks at any time. You agree to stop using the Marks within a reasonable period of Bhuumi’s request, but in no situation, more than seven (7) days after Bhuumi’s request.


BHUUMI DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE BHUUMI MARKS (TO THE EXTENT PERMITTED BY LAW), INCLUDING WARRANTIES AGAINST INFRINGEMENT.

  1. Additional information


Bhuumi requires that you conform to these Guidelines in your use of any Brand Features.  We may modify these Guidelines at any time and your continued use of the Brand Features will constitute your consent to such modifications. Bhuumi has complete discretion in determining if your use violates any of the Guidelines.


If you would like to make use of the Brand Features in a manner not within the following Guidelines, you must seek our prior written permission by submitting the Request for Permission Form.


For assistance in understanding these Guidelines, contact us.

 

 

API Use Policy

 

We’re excited that you’ve chosen to use and develop on the Bhuumi platform. When you use the Bhuumi platform you are agreeing to be bound by the following terms, so please take a few minutes to review the Bhuumi API Use Policy below.

1)    Introduction

 

When you use our platform you are entering into a legal agreement and you agree to all of these terms. As a member of Bhuumi, you also have agreed to our Standards terms of Use, Privacy Policy and Cookie Statement, etc- these terms are additional agreements with Bhuumi relating specifically to your use of our APIs.

 

As used in these Terms, "APIs" means programmatic web APIs, software and other functionality and their associated tools and documentation and  other web services offered by BHUUMI Inc. and its affiliates (the “Services”) and the website located at http://www.bhuumi.com (the “BHUUMI Site”) or its application software i.e. BHUUMI Ride, BHUUMI CHAT, BHUUMI SOCIAL etc.

 

2)    Eligibility

 

By registering at the Bhuumi site (the “Developer Site”), you acknowledge that you are currently a member of Bhuumi in good standing and have understood and agree to be bound by these Bhuumi API Use Policy (the “Terms”) alongwith our Standards terms of Use, Privacy Policy and Cookie Statement, Branding Guidelines including any updates by BHUUMI to these Standard Terms of Use and those terms and policies .

If you are using our platform on behalf of a company or other entity, you represent and warrant that you have full legal authority to register an Application on behalf of that entity and bind it to these Terms. If you are not authorized, you may not accept the Terms or register an Application for someone else.

You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Bhuumi, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs. Please refer our Acceptable Use Policy here for detailed information.

 

 

 

 

3)    Restriction / Prohibitions

 

You can use the Bhuumi Website or application software  on following terms:

 

  1. Users undertake not to duplicate, download publish, modify and distribute material on the Platform unless specifically authorized by the Company in writing. Users undertake not to establish any deep link or other connection to any specific page of the Platform without obtaining prior written consent of the Company.

 

  1. Users undertake to use the Platform for their personal purposes. Using content from the Platform for creating derivative works with a commercial motive without prior written consent from the Company is strictly prohibited. Users are expressly prohibited from using or exploiting the Platform and/or any content or data provided therein for any commercial purposes such as creating alternate databases, extending access to the Platform to third parties without prior written consent of the Company; and/or
  2. Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Platform;

 

  1. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to:

 

(a) any portion or feature of the Platform or any of the services or products offered on or through the Platform which are not intended for you;

 

(b) any server, website, program or computer systems of the Company or any other third parties and/or Users;

 

  1. Modifying the services provided through the Platform or their appearance using any technology or overlay any additional offering on top of such services or simulate the Platform’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approaching us at contact@bhuumi.com .

 

  1. Accessing the Platform through interfaces other than those expressly provided by Company;

 

  1. Attempting to breach or breaching any security or authentication measures set up by the Company in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Company’s system or network;

 

  1. Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Platform (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the Company;

 

  1. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;

 

  1. Circumventing or attempting to circumvent any technological protections used or employed by the Company or by any third party in order to protect the content on the Platform and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Platform.

 

  1. Bypassing or Circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers.

 

  1. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Platform or any computer networks connected to the Platform, by any other User;

 

  1. Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify  in any manner, any data or content from the Platform without explicit consent obtained in writing by approaching us at Contact@Bhuumi.com ;

 

  1. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform (or any part thereof) and providing deeplinks into this Platform (or any part thereof) without prior permission of Company;

 

  1. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Platform, or any other computer system or resource;

 

  1. The Company takes measures including technological means on the Platform to exclude robots, scripts, programs etc. from crawling or scraping content on the Platform. Users undertake not to circumvent these methods.

 

 

4)    Permitted Access to the APIs

 

In order to access APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs and to get approval from Bhuumi. Any registration information you give to Bhuumi will always be accurate and up to date and you'll inform us promptly of any updates.

Bhuumi makes APIs available to developers as Vetted API Program(s)" where you can develop Applications using APIs that are available only to developers that meet the applicable Vetted API Program eligibility criteria and have agreed to these Terms and any additional Vetted API Program terms and conditions ("Additional Terms"), which are incorporated by reference into the Terms.

You will only access (or attempt to access) an API by the means described in the documentation of that API. If Bhuumi assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.

5)    API Limitations

Bhuumi sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Bhuumi's express consent (and Bhuumi may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant Bhuumi API team for information at contact@bhuumi.com .

6)    Using our APIs

 

In case, if Bhuumi allows you to use its API, you will comply below mentioned terms alongwith the terms set forth in the permission/sanctioned letter issued by Bhuumi :

 

  1. You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
  2. You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Bhuumi (or its affiliates).

 

 

7)    Open Source Software License

 

Some of the software required by or included in or used by our APIs may be offered under an open source license, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Service, you are also bound by those terms & conditions.

 

These Terms shall apply to any use of our APIs unless you have executed a separate signed partnership agreement, in which case that agreement shall apply ("Partner Program").  

 

 

DISPUTE RESOLUTION POLICY

 

Subject to the applicable laws and regulations in your jurisdiction, these Terms sets out the entire agreement between you (i.e USER) and us i.e. (BHUUMI LLC. And BHUUMI Empowers Private Limited in relation to BHUUMI Chat, BHUUMI RIDE, BHUUMI SOCIAL   including BHUUMI Affiliates & subsidiaries, etc, hereinafter referred as BHUUMI)– you agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

No person other than you and us will have any right to enforce these Terms, whether pursuant to the Contracts (Rights of Third Parties) Ordinance or otherwise, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you. We may freely sub-contract any part of our performance of these Terms at any time, without your prior consent or prior notice to you.

 

Except to the extent that:

(a) any applicable additional terms incorporated into these Terms provide differently, or

(b) the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):

 

  • these Terms and any dispute or claim arising out of or in connection with these Terms will be governed as follows:

 

If you live in the Designated Countries:

  • Notwithstanding the "Governing Law and Dispute Resolution" section of these Terms, if you are a "User", any dispute, controversy or claim (whether in contract, tort or otherwise) between us and you, arising out of, relating to, or in connection with these Terms will be referred to and finally resolved by the court of your place or residence or domicile if you live in designated Countries by BHUUMI in the manner as listed in this policy.

 

If you live outside  the Designated Countries:

  • You and BHUUMI agree that the laws of the State of South Carolina, U.S.A., and any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") (with such arbitration to be conducted under the AAA's Commercial Arbitration Rules), and not to sue in court in front of a judge or jury if you live outside the Designated countries by BHUUMI in the manner as listed in this policy. The Arbitration Agreement for all Users (Except Indian Users) will be applicable to users who live outside the designated countries. You can find the details provisions of ARBITARTION AGREEMENT FOR ALL USERS (EXCEPT INDIAN USERS)

 

 

Designated Countries By BHUUMI:

 

  1. USA:If you are a user of BHUUMI in the United States of America, the below Additional Terms: (a) are incorporated into these Terms; (b) apply to your use of BHUUMI; and (c) override the head terms of these Terms to the extent of any inconsistency.

If you are a user of BHUUMI in the United States of America, the following terms expressly replaces the above "Governing law and dispute resolution" section of these Terms.

If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of California, for all disputes arising out of or relating to these Terms that are heard in court (excluding arbitration).

 

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

In the event of a dispute, you and we agree to try for sixty (60) days to resolve it informally. If you and we are unable to come to informal resolution within sixty (60) days, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") (with such arbitration to be conducted under the AAA's Commercial Arbitration Rules), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, and nor is combining individual proceedings without the consent of all parties. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. You and we must file in arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of these provisions regarding arbitration is found to be illegal or unenforceable, that provision will be severed but the rest of these provisions regarding arbitration still apply.

If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”.

 You can find the details provisions of ARBITARTION AGREEMENT FOR ALL USERS (EXCEPT INDIAN USERS) here.

 

  1. India:These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of BHUUMI as BHUUMI may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by BHUUMI and You. The place of the arbitration shall be Noida, Uttar Pradesh, unless otherwise mutually agreed by BHUUMI and You in writing. Subject to the above, any Dispute or appeal to arbitration award will be subject to the exclusive jurisdiction of courts in Noida, India. You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein. You can find the details provisions of ARBITARTION AGREEMENT FOR INDIAN USERS

 

 

 


 

ARBITRATION AGREEMENT for ALL USERS (EXCEPT INDIAN USERS)

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration Between User and BHUUMI.

you (i.e USER) and bhuumi (i.e. BHUUMI LLC. And BHUUMI Empowers Private Limited in relation to BHUUMI Chat, BHUUMI RIDE, BHUUMI SOCIAL   including BHUUMI Affiliates & subsidiaries, etc, hereinafter referred as BHUUMI) , MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with BHUUMI ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.  Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and BHUUMI, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and BHUUMI’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND BHUUMI. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the BHUUMI Platform, the Services, any other goods or services made available through the BHUUMI Platform, your relationship with BHUUMI, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on BHUUMI’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by BHUUMI, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by BHUUMI and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND BHUUMI ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND BHUUMI MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND BHUUMI BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST BHUUMI, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

 

(c) Mandatory Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and BHUUMI may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and BHUUMI. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

 

(d) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law you and BHUUMI agree not to bring a representative action for any claim on a private attorney general basis, and both you and BHUUMI agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(e) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.

As part of the arbitration, both you and BHUUMI will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users  but is bound by rulings in prior arbitrations involving the same Users to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(f) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (k) below and are otherwise required to pay a filing fee under the relevant AAA Rules, BHUUMI agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to BHUUMI, BHUUMI will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
  2. If BHUUMI initiates arbitration under this Arbitration Agreement, BHUUMI will pay all AAA filing and arbitration fees.
  3. With respect to any Claims brought by BHUUMI against a User, or for Claims brought by a User against BHUUMI that: (A) are based on an alleged employment relationship between BHUUMI and a user; (B) arise out of, or relate to, BHUUMI’s actual deactivation of a User’s User account or a threat by BHUUMI to deactivate a User account; (C) arise out of, or relate to, BHUUMI’s actual termination of a User’s Agreement with BHUUMI under the termination provisions of this Agreement, or a threat by BHUUMI to terminate a User’s Agreement; (D) arise out of, or relate to, disputes relating to referral bonuses, other BHUUMI promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a user (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “USER Claims”), BHUUMI shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by BHUUMI pursuant to the fee provisions above). However, if you are the party initiating the User Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you resides, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
  4. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
  5. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
  6. Although under some laws BHUUMI may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, BHUUMI agrees that it will not seek such an award.
  7. If the arbitrator issues you an award that is greater than the value of BHUUMI’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then BHUUMI will pay you the amount of the award or U.S. $1,000, whichever is greater.

(g) Location and Manner of Arbitration.

Unless you and BHUUMI agree otherwise, any arbitration hearings between BHUUMI and a User will take place solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or video conference, or by an in-person hearing at a location to be determined by BHUUMI.

(h) Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA and (2) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(i) Severability.

In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.

(j) AMENDMENT OR TERMINATION OF AGREEMENT:

BHUUMI  reserves the right to amend, modify or discontinue this Agreement at any time in its sole discretion to the extent permitted by applicable law. Such amendments may be made by publishing them on the BHUUMI platform, intranet or by separate notification to users and shall be effective 30 calendar days after such amendments are provided to Users and will apply on a going-forward basis only. Amendment, modification or discontinuation of the Agreement will not affect pending arbitration proceedings. Continuation of usage of BHUUMI by user after receiving such amendments or modifications will be considered user acceptance of the amended terms.

 

 

ARBITRATION AGREEMENT for INDIAN USERS

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

 

1.     AMICABLE SETTLEMENT

you (i.e USER) and bhuumi (i.e. BHUUMI INC. And BHUUMI Empowers Private Limited in relation to BHUUMI Chat, BHUUMI RIDE, BHUUMI SOCIAL  including BHUUMI Affiliates & subsidiaries, etc, hereinafter referred as BHUUMI), shall use their best efforts to settle amicably all disputes arising out of or in connection with BHUUMI Chat, BHUUMI RIDE, BHUUMI SOCIAL thereof. Before initiating any arbitration or proceeding, you and BHUUMI may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and BHUUMI. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

2.     DISPUTE SETTLEMENT through ARBITRATION

Any dispute between you (i.e USER) and BHUUMI in relation to BHUUMI service or platform, which cannot be settled amicably within thirty (30) days after receipt of notice by  one party of other party’s request for such amicable settlement may be submitted by either party for settlement in accordance with the provisions specified hereinafter:

 

  1. All disputes between the Parties in relation to or arising under this Agreement, which the Parties are unable to resolve amicably through negotiation, shall be submitted to arbitration by a single arbitrator appointed upon the agreement of the Parties.
  2. If the Parties do not agree upon a single arbitrator within thirty (30) days of the first attempt to select an agreeable arbitrator, each Party shall, within fifteen (15) days of the end of such thirty (30) day period, appoint one (1) independent arbitrator and the two (2) arbitrators so appointed shall select an independent arbitrator to chair the arbitration panel.
  3. If one or more of the Parties does not so appoint an arbitrator to such panel within the fifteen (15) days period noted, such party shall be deemed to have agreed to the resolution of such dispute by the arbitrator of arbitrators appointed by the other party.
  4. Any arbitration shall be conducted in accordance with the Rules of procedure as laid down under “Arbitration and Conciliation act 1996” and held in Noida, India unless otherwise agreed upon by both Parties. The award and determination of such arbitrators shall be final and binding upon the parties and their respective successors and permitted assigns.
  5. The arbitrators shall not have any authority to alter or change any provision of this Agreement or to substitute any new provision in lieu thereof or to make any award contrary to the terms of the provisions of this Agreement

3.     Rules Governing the Arbitration.

(a)     Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and BHUUMI.

(b)      Pre-Arbitration Dispute Resolution. BHUUMI is always interested in resolving disputes amicably and efficiently. So before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us online or at contact@BHUUMI.com .

(c )    Notices.  All notices, demands or requests required or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given when delivered online through email contact@bhuumi.com or personally or when deposited in the Indian Mail, postage prepaid, by registered or certified mail, with return receipt requested, addressed as follows:

           If to BHUUMI LLC, to:

By post:

Privacy Officer: Mr. Jagdish Hiranandani

BHUUMI INC

Address: 820 Central Ave, Summerville, SC 29483

Email: Contact@bhuumi.com

 

If to BHUUMI EMPOWERS PRVATE LIMITED, to:

By post:

Privacy Officer: Mr. Jagdish Hiranandani
Bhuumi Empowers Private Limited

C-77, Sector-2 , Noida,

Gautam Budhh Nagar-201301,

Uttar Pradesh, India

Email: Contact@bhuumi.com

 

           or at such other address as BHUUMI may have furnished users by notification;

(d)     Amendment.  This Agreement may  be amended by BHUUMI anytime BHUUMI  reserves the right to amend, modify or discontinue this Agreement at any time in its sole discretion to the extent permitted by applicable law. Such amendments may be made by publishing them on the BHUUMI platform, intranet or by separate notification to users and shall be effective 30 calendar days after such amendments are provided to Users and will apply on a going-forward basis only. Amendment, modification or discontinuation of the Agreement will not affect pending arbitration proceedings. Continuation of usage of BHUUMI  by user after receiving such amendments or modifications will be considered user acceptance of the amended terms.

 

(e)     Applicable Law.  This Agreement and the performance of the Parties hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of India and no presumption shall be deemed to exist in favor of or against either Party as a result of the preparation and/or negotiation of hereof.

(f)      Entire Agreement.  This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and there are not other understandings, representations or warranties, oral or written, relating to the subject matter of this Agreement, which shall be deemed to exist or to bind any of the parties hereto, their respective successors or assigns except as referred to herein.

(g)     Arbitrator. The arbitrator who will hear and decide the dispute will be appointed as Sole Arbitrator shall be an international or national legal expert  with extensive experience of more than 10 Years and knowledgeable in both commercial transactions and the Internet services businesses generally or in relation to the matter of the dispute, in accordance with the applicable/governing Indian Arbitration Act. 

(h)     Third Parties.  No person not a party to this Agreement  shall have or acquire any rights by reason of this Agreement nor shall any party hereto have any obligations or liabilities to such other person by reason of this Agreement. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

(i)      Language: The English Language shall be the official language for all the purposes of Arbitration. Any document or evidence which is in any other language than English, a duly translated copy in English of that  said document or evidence from a certified translator shall be accompanied with the said document or evidence.

(j)      Severability.  If any provisions of this Agreement or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of the Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

(k)     Binding Agreement.  Subject to the restrictions on transfers and other guidelines set forth herein, this Agreement shall inure to the benefit of and be binding upon the users and their respective successors and assigns.

(l)      Headings.  The headings of Sections in this Agreement are for convenience only and are not a part of this Agreement.

(m)    Fees. If User initiated arbitration proceedings, User will be  responsible for paying  his portion i.e. 50% of the fees of the arbitrator which is set forth by BHUUMI  form time to time irrespective of the fact whether the arbitrator is appointment by BHUUMI or USER . BHUUMI will pay all remaining costs of arbitration. If your claim against BHUUMI  is for less than $5,000, and you succeed on the merits, we will pay all fees. If BHUUMI initiates arbitration under this Arbitration Agreement, BHUUMI will pay all  filing and arbitration fees.

(n)     Additional claims: No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defense thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

(o) Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 21 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

(p) Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

(q) Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

(r) Arbitration Hearing. The Parties agree to waive an oral or personal Hearing and submit the dispute to the Arbitrator for an Award through online medium such as email or intranet, skype or other electronic mediums based on written submissions and other evidence as the Parties may agree, unless a party requests an oral or personal Hearing in writing within 10 days after the arbitrator’s appointment.

 (s) Arbitration Award. The arbitrator will render a written decision within 30 days after the hearing or, if no hearing was held, within 14 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The decision of sole arbitrator  or of a majority of the arbitrators shall be final and binding  and shall be enforceable in any court of competent Jurisdiction, and the parties hereby waive any objections to or claims of immunity in respect of such enforcement.

4. Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND BHUUMI MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND BHUUMI BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST BHUUMI, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the Arbitration and conciliation  Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.