Terms and Conditions

Last Updated 23 Oct  2022
1. Agreement to Terms
1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Onely Life Pvt. Ltd., doing business as  Ruhgu, located at 513, 5TH FLR, WEST WING, TULSIANI CHAMBERS , FREE PRESS JOURNAL MARG, NARIMAN POINT, MUMBAI, INDIA, MAHARASHTRA 400021 India (“we“, “us“), concerning your access to and use of the Ruhgu (https://www.ruhgu.com) website as well as all it’s mobile applications and official WhatsApp channel (the Site). 
 
The Site provides personalized services with social and interactive features for playing music, audio and other content as well as other products and services that may be developed from time to time (the “Services“). You agree that by accessing and/or signing up for the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
 
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference. 
 
1.2  The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference. 
 
1.3  We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes. 
 
1.4  We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities. 
 
1.5 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  
 
1.6  The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
 
1.7  Additional policies which also apply to your use of the Site include:  
● Our Privacy Policy https://www.ruhgu.com/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.  
● Our Acceptable Use Policy https://www.ruhgu.com/acceptable-use-policy/, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.  
● Our Cookie Policy https://www.ruhgu.com/cookie-policy/, which sets out information about the cookies on the Site.  
 
2.   Acceptable Use 
 
2.1  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 
2.2  Please view our full Acceptable Use Policy here – https://www.ruhgu.com/acceptable-use-policy/
3.   Information you provide to us
3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site. 
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at care@ruhgu.com.
3.2  If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.  
3.3  As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account“) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. 
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. 
3.4  By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content“) so that it is available on and through the Site via your account, including without limitation any friend lists;  and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.  
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site. 
You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.  We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content. 
You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to care@ruhgu.com or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.
4.Content you provide to us  
4.1  There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.  
4.2  You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
4.3  In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy https://www.ruhgu.com/acceptable-use-policy/.
4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.5  We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy. 
4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
4.7  If you wish to complain about User Content uploaded by other users please contact us at care@ruhgu.com.  
5.   Our content 
5.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws. 
5.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3  Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.  
5.4  You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5  We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses. 
5.6  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site. 
5.7  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6.   Trials, Payments, Billing & Cancellations 

6.1 Service Options
You can find a brief description of our Services on our Site, and we will explain which Services options are available to you when you create a Ruhgu account. The Services that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Services. Please note that we are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms and Conditions.

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of us for access to a Paid Subscription (the “Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with all such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service.

6.2 Trials
From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. Please note that it is your own responsibility to cancel the applicable Paid Subscription before the end of the trial through our Site or if you have received your Trial through a third party, you must cancel the applicable subscription through the third party. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize us to automatically charge you the agreed price each month until you cancel the Paid Subscription. We will not be liable for any refund monetary or otherwise.

6.3 Billing
You may purchase a Paid Subscription directly from Ruhgu or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Services for a specific time period (“Pre-Paid Period”)

We may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to access the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

The current pricing as of 24-05-2022 is as follows

Country Monthly Annual
India INR 99 INR 990

 

7. Site Management  
7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2  We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
8. Modifications to and availability of the Site  
8.1  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.   
8.2  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability  
9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law. 
In no event will Onely Life Pvt. Ltd., its officer, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:  (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party; and/or (5) for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. 
● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services. 
If you are a consumer user:
 
● Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
 
● If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. 
 
● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the amount paid, if any, by you to us for the Services/Site during the twelve (12) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply https://www.ruhgu.com/terms-and-conditions/.
10. Term and Termination  
10.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at care@ruhgu.com. 
10.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. 
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion. 
10.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. Mobile Application  
11.1  If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
11.2  The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services: 
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service; 
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 
(d) You represent and warrant that (i) you are not located in a country 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and 
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

12. Services on WhatsApp

12.1 Any Services that we may provide through the WhatsApp platform is at our
discretion and/or basis your eligibility criteria.

12.2 You agrees and confirm to have accepted (a) the WhatsApp Terms and Conditions https://www.whatsapp.com/legal/terms-of-service/?lang=en applicable to you for availing the Services mentioned herein; (b) Our Privacy Policy https://www.ruhgu.com/privacy-policy/ for availing the Services mentioned herein; (c) any
other Account/product/Service/offer related specific terms and conditions as applicable and
(d) WhatsApp Guidelines and other applicable terms and conditions prescribed by WhatsApp for using its platform (including the privacy policy of WhatsApp https://www.whatsapp.com/legal/privacy-policy).

12.3 You may choose/request for de-registration/un-subscription of the services at any point of
time by following the process as may be prescribed by us from time to time. Currently
we provide the following option for un-subscription:

  • Send ‘PAUSE’ keyword on the WhatsApp platform
  • Send ‘Menu’ keyword and select option to ‘Delete Data’ and follow the instructions

12.4

  • We may, at our sole discretion, utilize the services of external service
    provider/s or agent/s and on such terms as required or necessary, in relation to our products/services provided.
  • WhatsApp or any other service provider through which we are providing the
    Services on WhatsApp can/may review and monitor, store the contents (includingtext, images, videos or other materials) shared/communicated through the WhatsApp platform or other service provider(s) and may share/disclose the same with third parties.
  • We shall not be involved in or in any way liable to the you for any
    dispute between you and a cellular service provider or any third party
    service provider or WhatsApp (whether appointed by us for such purpose or
    otherwise) while availing these services. You agree to directly take up any claim/dispute with respect to the usage of WhatsApp platform directly with WhatsApp.
13. General  
13.1 Visiting the Site, sending us emails, sending messages on Whastapp and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. 
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 
13.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.  
13.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  
13.4  We may assign any or all of our rights and obligations to others at any time.
13.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.  
13.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. 
13.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
13.8  These terms and conditions are governed by Indian Laws. All disputes arising out of this offer shall be subject to the jurisdiction of courts at Mumbai, Maharashtra.
13.9  The following are trade marks of Onely Life Pvt. Ltd., You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.
13.10  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at care@ruhgu.com or by post to:
Onely Life Pvt. Ltd. 
513, 5TH FLR, WEST WING, TULSIANI CHAMBERS  
FREE PRESS JOURNAL MARG, NARIMAN POINT  
MUMBAI, INDIA,  MAHARASHTRA 400021  
India