Terms and conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and Rule 3 of the
Information Technology (Intermediaries guidelines) Rules, 2011 and the provisions pertaining to electronic
records in various statutes as amended by the Information technology, 2000. This electronic record is
generated by a computer system and does not require any physical or digital signatures.
This MISFITS USER Agreement (“T&C”) applies to anyone’s use and access of our websites
(Misfits.net.in)/ webpages, mobile applications, emails, and other online products and services offered by
MISFITS (collectively, the “Services”) provided by 028 Community India Private Limited and our
affiliates. (“MISFITS,” “we,” “us,” or “our”).
We are thrilled to welcome you to MISFITS, an innovative community-building space designed to bring
individuals with shared interests together. Before you embark on this exciting journey of connection and
collaboration, we invite you to familiarize yourself with our Terms and Conditions of Use.
Acceptance of Terms:
By installing, downloading or accessing (or even merely visiting) any part of the the MISFITS
application and website, you signify your agreement to comply with and be bound by these Terms and
Conditions and other policies of the Company as posted on the application or website from time to time. If
you do not agree with any part of these terms, we kindly request that you refrain from using our platform.
References to the user in these T&C must be construed in the context in which the term is used.
Community Values:
MISFITS is dedicated to fostering a positive and inclusive environment. We encourage users to engage
respectfully, promote diversity, and contribute to the overall well-being of the community. Any content that
goes against these values may result in appropriate action, including account suspension.
Privacy Matters:
Your privacy is paramount to us. Our Privacy Policy outlines the collection, use, and protection of your
personal information. Please take a moment to review this document and our privacy policy in
______Here____ to understand how your data is handled within the MISFITS community.
User Responsibilities:
As a member of the MISFITS community, you are responsible for the content you share, ensuring it
complies with our guidelines. Any misuse, abuse/ harassment of others, or violation of intellectual property
rights is strictly prohibited.
The Users shall at all times ensure full compliance with the applicable provisions, as amended from time
to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all
applicable domestic laws, rules and regulations (including the provisions of any applicable exchange
control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances
and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in
the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase,
and sale of products or Services. The Users shall not engage in any transaction which is prohibited by the
provisions of any applicable law including exchange control laws or regulations for the time being in force.
The Users release and fully indemnify the Company and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the actions of the Users of the Application and
specifically waive any claims that the Users may have in this behalf under any applicable laws of India.
Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the
information provided by other Users which is made available on the Application.
In order to allow the Company to use the information supplied by the Users, without violating any rights or
any laws, the Users agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-
free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any
other rights. The Company will only use the information in accordance with these Terms of Service and
Privacy Policy available at [], applicable to use of the Application.
Account Security:
Protecting your account is a shared responsibility. Ensure that your login credentials are secure, and
promptly report any unauthorized access to our support team. We will never request your password through
unsolicited communication. Please note that MISFITS will never ask for your login credentials and any
other personal details on call/ SMS or email.
Termination of Services:
These T&C and the Policies take effect on the date on which application is downloaded and/or website is
used or the date on which they are updated, creating a legally binding arrangement between the user and
the Company.
MISFITS reserves the right to terminate or suspend user accounts for violations of these Terms and
Conditions. We are committed to maintaining a safe and enjoyable space for everyone in the community.
Accuracy, Completeness and Timeliness of Information
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available
on the Application, either provided by the Users. The material on the Application is provided for general
information only and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information. The Users agree
that, the Company does not own any responsibility or obligation whatsoever towards either ensuring the
accuracy of the information provided by the Users. Any reliance on the material on the Application is at
the Users’ own risk.
The Application may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. The Company reserves the right to modify the contents of
the Application at any time, but has no obligation to update any information on the Application. The Users
agree that it is their responsibility to monitor changes to the Application.
Occasionally there may be information on the Application that contains typographical errors, inaccuracies
or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping
charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies
or omissions, and to change or update information if any information on the Application is inaccurate at
any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Application,
including without limitation, pricing information, except as required by law. No specified update or refresh
date applied to the Application, should be taken to indicate that all information on the Application or
pertaining to the Services have been modified or updated.
Updates and Modifications:
To enhance user experience and adapt to changing needs, MISFITS may periodically update these Terms
and Conditions. We encourage you to review them regularly to stay informed about any changes.
By using MISFITS, you are not just joining a community; you are becoming part of a collective effort to
create meaningful connections. We appreciate your commitment to making MISFITS a space where
everyone feels welcome and valued.
Thank you for choosing MISFITS. Now, let's embark on this exciting journey together! Please see below
our detailed conditions for use:
Your Access to the Services
No one under 18 years is allowed to use or access the Services. Please read all notices and any Additional
Terms carefully when you access the Services.
By using the Services, you state that:
You are at least 18 years old and are over the minimum age required by the laws of your country
of residence to access and use the Services;
You are not barred from using the Services under all applicable laws; and
You have not been permanently suspended or removed from the Services.
If you are accepting these Terms on behalf of another legal entity, you represent that you have full legal
authority to bind such entity to these Terms.
Privacy
MISFITS’s Privacy Policy explains how and why we collect, use, and share information about you when
you access or use our Services. You understand that through your use of the Services, you consent to the
collection and use of this information as set forth in the Privacy Policy.
The Users agree that information about their use of the Platform through their mobile telecommunication
device may be communicated to the Company, and the Company may obtain information from the Users’
mobile carrier or mobile device. In addition, use of the Platform through a mobile telecommunication device
may cause data to be displayed on and through the Users’ mobile device. By accessing the Platform using
a mobile telecommunication device, the Users represent that to the extent they import any of their data to
their mobile telecommunication device they have authority to share the transferred data with their mobile
carrier or other access provider.
The Users agree to promptly update their account information in the event of change or deactivation of their
mobile account to ensure that the messages intended for them are not sent to another person. Failure to do
so is the sole responsibility of the Users. The Users acknowledge that they are responsible for all charges
and necessary permissions related to accessing the Platform through their mobile access provider. The
Company urges the Users to check with their providers to find out if the Platform is available on their
mobile devices.
Your Use of the Services
Subject to your complete and ongoing compliance with these Terms, MISFITS grants you a personal, non-
transferable, non-exclusive, revocable, limited license to: (a) install and use a version of our mobile
application associated with the Services that is obtained from a legitimate marketplace on a mobile device
owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted
to you by these Terms.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not,
without our written agreement:
license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or
Content (as defined below);
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the
Services or Content; or
access the Services or content in order to build a similar or competitive website, product, or service.
We are always improving our Services. This means we may add or remove features, products, or
functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right
to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to
you. Any future release, update, or other addition to functionality of the Services will be subject to these
Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third
party for any modification, suspension, or discontinuation of the Services or any part thereof.
Your MISFITS Account and Account Security
To use certain features of our Services, you may be required to create a MISFITS account (an “Account”)
and provide us with certain other information about yourself as set forth in the Privacy Policy. You are
solely responsible for the information associated with your Account and anything that happens related to
your Account. You must maintain the security of your Account and immediately notify MISFITS if you
discover or suspect that someone has accessed your Account without your permission. We recommend that
you use a strong password that is used only with your Account and enable two-factor authentication. You
will not license, sell, or transfer your Account without our prior written approval.
Your Content
The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools,
or other materials (“Content”), including Content created with or submitted to the Services by you or
through your Account (“Your Content”). We take no responsibility for and we do not expressly or
implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of
any of Your Content. By submitting Your Content to the Services, you represent and warrant that you
have all rights, power, and authority necessary to grant the rights to Your Content contained within these
Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you
post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant MISFITS the following license
to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-
free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy,
modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content
and any name, username, voice, or likeness provided in connection with Your Content in all media
formats and channels now known or later developed anywhere in the world. This license includes
the right for us to make Your Content available for syndication, broadcast, distribution, or
publication by other companies, organizations, or individuals who partner with MISFITS. You also
agree that we may remove metadata associated with Your Content, and you irrevocably waive any
claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about MISFITS or our Services that you provide to us are
entirely voluntary, and you agree that MISFITS may use such ideas, suggestions, and feedback
without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion,
delete or remove Your Content at any time and for any reason, including for violating these Terms, violating
our Content Policy, or if you otherwise create or are likely to create liability for us.
Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by
advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not
under our control, and we are not responsible for any third party’s websites, products, or services. Your use
of Third-Party Content is at your own risk and you should make any investigation you feel necessary before
proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and
targeting of advertisements are subject to change, and you acknowledge and agree that we may place
advertisements in connection with the display of any Content or information on the Services, including
Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes
(“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable
laws and regulations, including creating official rules, offer terms, eligibility requirements, and compliance
with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations,
bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by,
endorsed by, or associated with MISFITS, and the rules for your Promotion must require each entrant or
participant to release MISFITS from any liability related to the Promotion. You acknowledge and agree
that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at
your own risk.
Chats and its content
During the use of Services, you will also have access to our chat feature to be able to communicate with
other users on the Platform. We are not responsible for any liability or issues arising out of these chats and
communications. If you may any plans, exchange any phone numbers, addresses and other personal
information, you do so at your own risk and we are not responsible or liable for any loss or injury that arise
to you due to such communications or independent plans. Remember while chatting or communicating:
1. share limited information,
2. Be respectful;
3. Do not harass or abuse;
4. Follow our code of conduct, these terms and conditions and our policy;
5. Do not discriminate and / or make the other user uncomfortable;
6. Do not force anyone to meet/ share personal data / financial information;
7. Do not commit any fraud;
8. Do not impersonate any person and use your correct name and identity; and
9. Know that you are responsible for any plans you make with any other user through our Platform.
Things You Cannot Do
When using or accessing the Services, you must comply with these Terms and all applicable laws, rules,
and regulations. Please review the Content Policy, which is incorporated by this reference into, and made
a part of, these Terms and contain MISFITS’s rules about prohibited content and conduct. In addition to
what is prohibited in the Content Policy, you may not do any of the following:
Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise
impair the Services;
Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of
the Services, including the computer systems or networks connected to or used together with the
Services;
Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or
other software intended to interfere with the Services, including its security-related features;
Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property
rights or any other proprietary rights;
Access, search, or collect data from the Services by any means (automated or otherwise) except as
permitted in these Terms or in a separate agreement with MISFITS (we conditionally grant
permission to crawl the Services in accordance with the parameters set forth in our robots.txt file,
but scraping the Services without MISFITS’s prior written consent is prohibited); or
Abuse, harass or stalk others on our Platform including during any communications and chats with
other users;
Unnecessary contact and / or post content not relevant to MISFITS communities; and / or
Use the Services in any manner that we reasonably believe to be an abuse of or fraud on MISFITS
or any payment system.
We encourage you to report content or conduct that you believe violates these Terms or our Content Policy.
We also support the responsible reporting of security vulnerabilities. To report a security issue, please email
business@misfits.net.in.
Paid Services
There are no fees for the use of many aspects of the Services. However, some services, features, and
products may be available for purchase (“Paid Services”). In addition to these Terms, by purchasing or
using Paid Services, you further agree to the below conditions:
You may submit your debit card, credit card, or other payment information (your “Payment Information”)
via our Services to purchase Paid Services. MISFIT accepts certain payment methods that may vary by
depending on services. We use third-party payment processors to process your Payment Information (our
“Payment Partners”).
If you submit your Payment Information, you agree that:
Your Payment Information is true and correct;
You are authorized to use your Payment Information;
You will pay for the Paid Services (including any applicable taxes, fees, and costs) by the payment
due date;
You give us and our Payment Partners permission to charge you for the Paid Services, using your
Payment Information, when payment is due for the full amount of the purchase (including any
applicable taxes, fees, and costs);
We may retain and share your Payment Information with our Payment Partners in order to process
your purchase of Paid Services; and
We may retain and use your Payment Information (including any information about you and your
Payment Information provided to us by our Payment Partners) to provide you with notices and
disclosures relating to renewals, recurring charges, and changes affecting your purchase.
If you purchase any Paid Services via our Payment Partners, then that purchase may be further
subject to the legal terms and privacy policies of the applicable Payment Partners. For purchases
via our Payment Partners, your billing relationship will be directly with the applicable Payment
Partner. Any fees charged for Paid Services will be billed by the applicable Payment Partner using
the payment method you have provided that Payment Partner.
Payment are subject to applicable taxes.
We can change the fees and other commissions as applied to services and goods. All purchases are final,
non-refundable, and non-returnable to the furthest extent permitted by law. MISFITS does not have an
obligation to refund or credit for partially used billing periods.
Intellectual Property
MISFITS respects the intellectual property of others and requires that users of our Services do the same.
We have a policy that includes the removal of any infringing material from the Services and for the
termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe
that anything on our Services infringes a copyright or a trademark that you own or control, you may notify
MISFITS’s at business@misfits.net.in
If we remove Your Content in response to a copyright or trademark notice, we will notify you. If you believe
Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can
send a counter notification. However, MISFIT’s decision in such matter shall be final and binding.
Further, the Services are owned and operated by MISFITS. The visual interfaces, graphics, design,
compilation, information, data, computer code, products, services, trademarks, and all other elements of the
Services (“Materials”) provided by MISFITS are protected by intellectual property and other laws. All
Materials included in the Services are the property of MISFITS or its third-party licensors. You
acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading
Materials or by purchasing Paid Services. Except as expressly authorized by MISFITS, you shall not make
use of the Materials. MISFITS reserves all rights to the Materials not granted expressly in these Terms.
Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold MISFITS, its affiliates,
and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service
providers, and licensors (the “MISFITS Entities”) harmless from and against any claim or demand made
by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees)
due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms;
(c) your violation of applicable laws or regulations; or (d) Your Content. We reserve the right to control the
defense of any matter for which you are required to indemnify us, and you agree to cooperate with our
defense of these claims.
Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. THE MISFITS ENTITIES DO NOT WARRANT THAT THE SERVICES ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. MISFITS DOES NOT
CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR
LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING
MODERATORS. WHILE MISFITS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR
SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL ANY OF THE MISFITS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST
PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING
THOSE ARISING FROM OR RELATING TO ANY COMMUNITY EVENT, ANY CONTENT MADE
AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR
ILLEGAL AND / OR ANY PLANS YOU MAKE INDEPENDENTOF MISFITS INVOLVEMENT WITH
OTHER USERS ON THE PLATFORM. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOU, ANY LOSS, LIABLITY, INJURY, ANY DAMAGE TO YOUR DEVICE OR COMPUTER
SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY
OF THE MISFITS ENTITIES EXCEED THE GREATER OF INR 5,000 OR ANY AMOUNT YOU PAID
MISFITS IN THE PREVIOUS 1 MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM. THE
LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING
THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF THE MISFITS ENTITIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE
TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Governing Law and Venue
We want you to enjoy MISFITS, so if you have an issue or dispute, you agree to raise it and try to resolve
it with us informally. You can contact us with feedback and concerns here.
To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the
Services will be governed by the laws of India, without regard to its conflict of laws rules; all disputes
related to these Terms or the Services will be brought solely in the federal or state courts located in Gurgaon,
Haryana, India, and you and MISFITS consent to personal jurisdiction in these courts.
Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised
Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also
notify you by sending an email to the address associated with your Account (if you have chosen to provide
an email address) or by otherwise providing you with notice through our Services. By continuing to access
or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised
Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the
changes become effective.
Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines,
or rules before using a specific product or service offered by MISFITS (collectively, “Additional Terms”).
All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the
extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your
use of the corresponding Services. Explicitly, you are also subject to our: (i) code of conduct available at
___here____________; (ii) our policies available at __here___
Termination
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing
use of all Services. If you stop using the Services without deactivating your Account, your Account may
be deactivated due to prolonged inactivity.
To the fullest extent permitted by applicable law, we may suspend or terminate your Account or ability to
access or use the Services at any time for any or no reason, including for violating these Terms or our
Content Policy.
The following sections will survive any termination of these Terms or of your Account: Your Content,
Things You Cannot Do, Indemnity, Disclaimers and Limitation of Liability, Governing Law and Venue,
Termination, and Miscellaneous.
Miscellaneous
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by
reference into these Terms, constitute the entire agreement between you and us regarding your access to
and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not
operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or
unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining
parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations
under these Terms without our consent. We may freely assign any of our rights and obligations under these
Terms.
Headings are used in these Terms for reference only and will not be considered when interpreting them.
For purposes of these Terms: (a) the words “include,” “includes,” and “including” will be deemed to be
followed by the words “without limitation;” (b) the words “such as,” “for example,” “e.g.,” and any
derivatives of those words will mean by way of example and the items that follow these words will not be
deemed an exhaustive list; and (c) the word “or” is used in the inclusive sense of “and/or” and the terms
“or,” “any,” and “either” are not exclusive. No ambiguity will be construed against any party based on a
claim that the party drafted the language.
These Terms are a legally-binding agreement between you and MISFITS. If you have any questions about
these Terms, please contact us at business@misfits.net.in.
The MISFITS application and website (“Platform”) are made available to you by 028 Community India
Private Limited (hereinafter may be referred to as the “Company”, “we”, “us”, and “our”) respect your
privacy and is committed to protecting it through its compliance with its privacy policy. This policy
amongst other things describes: (i) the type of information that the Company may collect from you when
you access or use its websites [Misfits.net.in], mobile applications and other online services (hereinafter
collectively referred to as the “Services”); and (ii) the Company’s practices for collecting, using,
maintaining, protecting and disclosing that information.
This Privacy Policy is published in accordance with the (Indian) Information Technology Act, 2000 and
the rules/regulations framed thereunder, including the (Indian) Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
Please do not avail our Services if you do not agree to our Privacy Policy.
We encourage you to read this policy carefully while accessing or using our Services to understand the
Company's policies and practices regarding your information. By accessing or using its Services or its
Platform, registering an account with the Company, becoming a user, community leader, venue provider or
customer on the Platform, or by attempting to become a user, community leader, venue provider or
customer, you expressly agree to be bound by the terms and conditions of this privacy policy and you are
consenting to the Company's collection, use, disclosure and retention of your Personal Information as
described here.
This policy may change from time to time, your continued use of the Company's Services after it makes
any change is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Application of our privacy policy
This policy specifically addresses the information collected through the company's services, including
email, text, and other electronic communications associated with those services. However, the policy does
not extend to the information provided to or collected by third parties that users may use in connection with
the company's services.
Collection of the information
For the purposes of this privacy policy:
“Personal Information ” means any information that relates to a natural person, which, either directly or
indirectly, in combination with other information available with the Company, is capable of identifying the
person concerned.
“Sensitive Personal Data or Information” means Personal Information of any individual relating to
password; financial information such as bank account or credit card or debit card or other payment
instrument details; physical, physiological and mental health condition; sexual orientation; medical records
and history; biometric information; any detail relating to the above as provided to or received by the
Company for processing or storage. However, any data/information relating to an individual that is freely
available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other
law shall not qualify as Sensitive Personal Data or Information.
Some of our Services may be used without revealing any Personal Information , and for other Services,
Personal Information is required. We may also collect ‘Non-Personal Information ’ (i.e., information that
cannot be used to identify you). Non-Personal Information includes information like the web pages that
you have viewed. In order to access certain features and benefits on our Services, you may need to submit
‘Personally Identifiable Information’ i.e., information that can be used to identify you (as described below).
Inaccurate information may affect your ability to use the Services, the information you receive when using
the Services, and our ability to contact you. For example, your email address and contact number should be
kept valid because these may be the primary channels through which we communicate with you. You are
responsible for ensuring the accuracy of the Personally Identifiable Information you submit to the
Company.
The Company collects several types of information from and about users of our Services, including: (i)
Your Personally Identifiable Information- Personally Identifiable Information is the information that can
be associated with a specific person and could be used to identify that specific person whether from that
data, or from the data and other information that we have, or is likely to have access to. We do not consider
Personally Identifiable Information to include information that has been made anonymous or aggregated so
that it can no longer be used to identify a specific person, whether in combination with other information
or otherwise. Personally Identifiable Information can include, but not be limited to, information such as
your name, email address, contact number (cellular and landline), educational qualification(s), occupation,
date of birth, marital status, monthly income, city and state of residence, marital status, number of children,
employer details, Aadhaar number, PAN, other KYC documents and tax identification number such as
TAN and GSTIN, and gender, login password, account information and post-qualification or work
experience among other things; and/or (ii) Information about your internet connection, the equipment you
use to access our Services and your usage details.
We may collect this information either (i) directly from you when you provide it to us; (ii) automatically as
you navigate through our Services (information collected automatically may include usage details, IP
addresses and information collected through cookies, web beacons and other tracking technologies); and/or
(iii) from any other source of information including from other third party sources, such as updated delivery
and address information from our carriers, which we use to correct our records and deliver your next
purchase more easily.
What information you provide to us.
● Your account information: Your full name, email address, postal code, password and other
information you may provide with your account, such as your gender, mobile phone number and
website. Your profile picture (if any) that will be publicly displayed as part of your account profile.
You may optionally provide us with this information through third-party sign-in services such as
Facebook and Google sign in. In such cases, we fetch and store whatever information is made
available to us by you through these sign-in services.
● Your preferences: Your preferences and settings such as time zone and language.
● Your content: Information you provide through our Services, including your reviews, photographs,
comments, lists, followers, the users you follow, ordering details and history, favourite categories,
special requests, contact information of people you add to, or notify of, your orders through our
Services, names, and other information you provide on our Services, and other information in your
account profile.
● Your searches and other activities: The search terms you have looked up and results you selected.
● Your browsing information: How long you used our Services and which features you used; the ads
you clicked on.
● Your communications: Communications between you and other users, community leaders and
customers through our Services; your participation in a survey, poll, sweepstakes, contest or
promotion scheme; your request for certain features (e.g., newsletters, updates or other products);
your communication with us about employment opportunities posted to the Services.
● Your transactional information: If you make use of our Services, we may collect and store
information about you to process your requests and automatically complete forms for future
transactions, including (but not limited to) your name, phone number, gender, transaction details,
PAN number, device type, Platform usage details, address, email, billing information and credit or
payment card information or other payment related details. This information may be shared with
third parties which assist in processing and fulfilling your requests. If you write reviews about
businesses with which you conduct transactions through our Services, we may publicly display
information that you transacted with those businesses.
● Your Public Posts on our Platform / mobile app/ website: You also may provide information (such
as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists other data of similar
nature in the form of posts on our Platform, etc.) to be published or displayed (hereinafter,
“posted”) on publicly accessible areas of our Services or transmitted to other users of our Services
or third parties (hereinafter collectively referred to as “User Contributions”). Your User
Contributions are posted on and transmitted to others at your own risk. Please be aware that no
security measures are perfect or impenetrable (see the "Security" section below). Additionally, we
cannot control the actions of other users of our Services with whom you may choose to share your
User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will
not be viewed by unauthorized persons. We may display this information on the Services, share it
with businesses, and further distribute it to a wider audience through third party sites and services.
You should be careful about revealing any sensitive details about yourself in such postings.
● We use the information you provide to us to analyse and enhance the functionality and improve the
quality of our Services, and to personalize your experience while using our Services. We also use
this information to display relevant advertising, provide services to you, provide support to you,
communicate with you, and comply with our legal obligations.
● Your phone number and name: You will share your name and telephone number with us and the
same will be visible on our Platform to other users, community leaders and venue providers.
Information we may automatically collect include but may not be limited to the following.
● We may automatically collect certain information about the computer or devices (including mobile
devices) you use to access the Services, and about your use of the Services, even if you use the
Services without registering or logging in.
● Usage information: Details of your use of our Services, including traffic data, location data, logs
and other communication data and the resources that you access and use on or through our Services.
● Computer and device information: Information about your computer, Internet connection and
mobile device, including your IP address, operating systems, platforms, browser type, other
browsing information (connection, speed, connection type etc.), device type, device's unique device
identifier, mobile network information and the device's telephone number.
● Stored information and files: Our Services also may access metadata and other information
associated with other files stored on your mobile device. This may include, for example,
photographs, audio and video clips, personal contacts and address book information.
● Location information: Our applications collect real-time information about the location of your
device, as permitted by you.
● Last URL visited: The URL of the last web page you visited before visiting our websites.
● Mobile device IDs: Unique mobile device identifier (e.g. IDFA, GAID or other device IDs on
Apple devices like the iPhone and iPad), if you're using our Services on a mobile device, we may
use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of
cookies, to recognize you. We may do this to store your preferences and track your use of our
applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use
device IDs to track your use of our applications, track the number of advertisements displayed,
measure advertising performance and display advertisements that are more relevant to you.
Analytics companies may use mobile device IDs to track your usage of our applications.
● Your preferences: Your preferences and settings such as time zone and language.
● Your activity on the Services: Information about your activity on the Services, such as your search
queries, comments, domain names, search results selected, number of clicks, pages viewed and the
order of those pages, how long you visited our Services, the date and time you used the Services,
error logs, and other similar information.
● Mobile status: For mobile application users, the online or offline status of your application.
● Applications: If you use the Company’s application, the Company may collect information about
the presence and/ or absence and/or details pertaining to other applications on your mobile phone.
The applications we gather information for, may vary across communities. This will help us
understand you and your preferences better and enable the Company to provide you with a
personalized experience.
● You may withdraw the consent provided to us to collect and use your Personal Information by
writing to the designated Grievance Officer as provided in Section 14 of this Privacy Policy.
However, in case of withdrawal of such consent, we may not undertake the activities for which the
information was sought.
How do we use the information
We use the information we collect from and about you for a variety of purposes, including:
● For purchase and delivery of products and services. We use your Personal Information to take,
handle and fulfil orders, deliver products and services, process payments, and communicate with
you about orders, products and services, and promotional offers.
● To provide, troubleshoot, and improve the Services. We use your Personal Information to provide
functionality, analyze performance, fix errors, and improve the usability and effectiveness of the
Services.
● For recommendations and personalization. We use your Personal Information to recommend
features, events, communities, leaders, any products, and services that might be of interest to you,
identify your preferences, and personalize your experience with the Services. We may also share
your preferences, or the Services availed by you with your network followers on the Company for
marketing and other promotional activities of our Services.
● To comply with legal obligations. In certain cases, we collect and use your Personal Information
to comply with laws. For instance, we collect from venue providers, information regarding place
of establishment and bank account information for identity verification and other purposes.
● To Communicate with you. We use your Personal Information to communicate with you in
relation to the Services via different channels (e.g., by phone, e-mail, chat).
● For advertising. We use your Personal Information to display interest-based ads for features,
products, and services that might be of interest to you. We do not use information that personally
identifies you to display interest-based ads.
● For Fraud Prevention and Credit Risks. We use Personal Information to prevent and detect
possibility of non-payments, non-payments against community fees and other fees owed to
MISFITS, fraud, and abuse in order to protect the security of our users, the Company, and others.
● To administer contests and sweepstakes.
● To carry out Company’s obligations and enforcing rights arising from any contracts entered into
between you and the Company, including for billing and collection.
● Research. Generating and reviewing reports and data, and to conduct research on the Company’s
user base and service usage patterns. To conduct research following internal review protocols to
ensure the balancing of privacy and to use anonymized data for research. Use for internal purposes
such as auditing. understand our users (what they do on our Services, what features they like, how
they use them, etc.), improve the content and features of our Services (such as by personalizing
content to your interests), process and complete your transactions, and make special offers
● To fulfil any other purpose for which you provide us the information and/or for any other purpose
with your consent.
● To check your eligibility for certain communities, events, products/services.
● Your phone number and name is visible to other users/ community leaders/ venue providers and
can be used by these users for contacting you in course of any services and / or goods obtained on
the Platform.
How do we share any information
We may disclose Personal Information that we collect, or you provide, as described in this privacy policy,
in the following ways:
General Information Disclosures
● To our shareholders, investors and any entities under common ownership or control of the
Company.
● To contractors, advertisers/service providers, credit information agencies, analytics and research
partners, other banks or financial institutions, insurers or intermediaries and other third parties
whom we use to support our business (e.g. logistics and delivery, to collect payments), or to
improve your experience on our Platform and who are bound by contractual obligations to keep
Personal Information confidential and use it only for the purposes for which we disclose it to them.
● To third parties to market their products or services to you which we feel may be of interest or
beneficial to you. We contractually require these third parties to keep Personal Information
confidential and use it only for the purposes for which we disclose it to them.
● Internally to employees and representatives to be able to provide services to you on strictly need to
know basis.
Specific Disclosures
● Service Providers. We may share your information with outside vendors that we use for a variety
of purposes, such as to send you communications via emails, messages or tele-call to inform you
about the services and/or products that may be of interest to you, push notifications to your mobile
device on our behalf, provide voice recognition services to process your spoken queries and
questions, help us analyze use of our Services, process and collect payments, help us diversify the
payment processing and collection methods available, and offer you special offers and services
where available. Some of our products, services and databases are hosted by third party hosting
services providers. We also may use vendors for other projects, such as conducting surveys,
organizing sweepstakes for us, advertising, marketing and advertisement measuring purposes. We
may share information about you with these vendors only to enable them to perform their services.
● Legal Purposes. We may share your information when we believe in good faith that such sharing
is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal
activities or to comply with legal process. We may also share your information to investigate and
address threats or potential threats to the physical safety of any person, to investigate and address
violations of this Privacy Policy or the Company’s Terms of Service, or to investigate and address
violations of the rights of third parties and/or to protect the rights, property and safety of the
Company, our employees, users, or the public. This may involve the sharing of your information
with law enforcement, government agencies, courts, and/or other organizations on account of legal
requests such as subpoena, court order or government demand to comply with the law. Thus, we
may share our information with Government institutions/authorities to the extent required:
a) Under the laws, rules, and regulations and/or under orders of any relevant judicial or
quasi-judicial authority;
b) To protect and defend the rights or property of the Company;
c) To fight fraud and credit risk;
d) To enforce the Company's Terms of Use (to which this Privacy Policy is also a part); or
e) When the Company, in its sole discretion, deems it necessary in order to protect its rights
or the rights of others.
● To enforce or apply our Terms of Use available at ___here_________ and other agreements,
including for billing and collection purposes.
● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the
Company, our users or others. This includes exchanging information with other companies and
organizations for the purposes of fraud protection and credit risk reduction of the Company, our
users, our service providers, our payment processing partners etc.
● Consent. We may share your information in any other circumstances where we have your consent.
● We may also disclose or transfer the User Information, to another third party as part of
reorganization or a sale of the assets or business of Company. Any third party to which the
Company transfers or sells its assets will have the right to continue to use the Personal Information
and/or other information that a User provides to Us.
5. Third Party links and services
The Services may contain links to third-party websites. Your use of these features may result in the
collection, processing or sharing of information about you, depending on the feature. Please be aware that
we are not responsible for the content or privacy practices of other websites or services which may be linked
on the Company’s Services. We do not endorse or make any representations about third-party websites or
services. Our Privacy Policy does not cover the information you choose to provide to or that is collected by
these third parties. We strongly encourage you to read such third parties' privacy policies.
6. Anonymous or de-identified data
We may anonymize and/or de-identify information collected from you through the Services or via other
means, including via the use of third-party web analytic tools as described below. As a result, our use and
disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy, and it may
be used and disclosed to others without limitation.
7. Cookies
Cookies are alphanumeric identifiers with a small amount of data that is stored on the user’s device hard-
drive containing information about the user, commonly used as an anonymous unique identifier. We may
offer certain features only through ‘cookies’ and may also collect information about you using these
cookies. Please note, a cookie in no way gives the Company access to your device. Other websites may
place their own cookies or other files on your device, collect data or solicit Personal Information from
you, for which the Company shall not be held responsible or liable. We encourage you to read the privacy
policies of all external sites. We also use cookies from third party partners for marketing and promotional
purposes. Please note that most web browsers are set to accept cookies by default. We strive to provide you
with choices regarding the Personal Information you provide to us.
8. Security Precautions
We ensure to maintain reasonable physical, electronic, and managerial procedures to safeguard and help
prevent unauthorized access to your information and to maintain data security. These safeguards take into
account the sensitivity of the information that we collect, process and store and the current state of
technology. We follow generally accepted industry standards to protect the Personal Information submitted
to us, both during transmission and once we receive it. The access to the Services is offered through the use
of a secure server and adhere to our security guidelines to protect it against unauthorized access. However,
by using the Services, the users accept the inherent security implications of data transmission over the
internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore,
there would always remain certain inherent risks regarding use of the Services.
We assume no liability or responsibility for disclosure of your information due to errors in transmission,
unauthorized third-party access, or other causes beyond our control. You play an important role in keeping
your Personal Information secure. You should not share your username, password, or other security
information for your account with anyone. If we receive instructions using your username and password,
we will consider that you have authorized the instructions for such use.
9. Permissible Age
The Services are not intended for users under the age of 18 (eighteen), unless permitted under applicable
local laws (Permissible Age). We do not knowingly collect any Personal Information from users or market
to or solicit information from anyone under the age of 18 and use of our Services is available only to persons
who can form a legally binding contract under the Indian Contract Act, 1872. If you are under the age of
18 years then you must use the Services under the supervision of your parent, or legal guardian. If we
become aware that a person submitting Personal Information is under the age of 18 years, we will delete
the account and any related information as soon as possible.
10. Data Retention
A user can close an account by visiting the profile settings page on our website. A user may request for
deletion of its Personal Information by raising a request with the Grievance Officer as per the provisions
of Section 14 of this Privacy Policy. Notwithstanding the foregoing, we reserve the right to: (i) delete your
account by ourselves based on any violation of our polices, terms and code of conduct; and (ii) retain your
Personal Information in accordance with applicable laws, for a period no longer than is required for the
purpose for which it was collected or as required under any applicable law. We may retain information
about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we
will either delete your Personal Information or de-identify it so that it is anonymous and not attributed to
your identity. We may archive information to prevent, investigate, or identify possible wrongdoing in
connection with the Service or to comply with legal obligations. We may also continue to retain your data
in anonymised form for analytical and research purposes.
11. Job Applicants
If your information is submitted to us through our Service when applying for a position with the Company
such as for a prospective corporate employee, community leader, etc, the information will be used to
consider your application. We may retain your information for any period of time. This information may
be shared with other companies for the purpose of evaluating your qualifications for the particular position
or other available positions, as well as with third-party service providers retained by us to collect, maintain
and analyze candidate submissions for job postings.
12. Your Consent
By accessing or using the Services or by providing your information, you consent to the collection, use,
storage, disclosure and otherwise processing of your information (including sensitive Personal Information
) on the Services in accordance with this Privacy Policy. If you disclose to us any Personal Information
relating to other people, you represent that you have the authority to do so and to permit us to use the
information in accordance with this Privacy Policy.
You, while providing your Personal Information in relation to the Services or any partner platforms or
establishments, consent to us to contact you through SMS, instant messaging apps, call and/or e-mail for
the purposes specified in this Privacy Policy. All the information provided to the Company by a User,
including Sensitive Personal Data or Information, is voluntary. User has the right to withdraw his/her/its
consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please
note that withdrawal of consent will not be retrospective.
Users can access, modify, correct and delete the Personal Information provided by them which has been
voluntarily given by the User and collected by the Company in accordance with this Privacy Policy and
Terms of Use. However, if the User updates his/her information, the Company may keep a copy of the
information which User originally provided to the Company in its archives for User documented herein. In
case the User seeks to update or correct, his/her Personal Information , the User may exercise these rights
by emailing the Company at [Shashwat@misfits.net.in ] communicate the change(s) for updating the
Company’s records.
In case the User does not provide his/her information or consent for usage of Personal Information or
subsequently withdraws his/her consent for usage of the Personal Information so collected, the Company
reserves the right to discontinue the services for which the said information was sought.
13. Changes to this Privacy policy
We reserve the right to amend this Privacy Policy from time to time to reflect changes in the law, our data
collection and use practices, the features of our services, or advances in technology. Please check this page
periodically for changes. Use of information we collect is subject to the Privacy Policy in effect at the time
such information is used. If we make any material changes to this Privacy Policy, we will post the changes
here. Please review the changes carefully. Your continued use of the Services following the posting of
changes to this Privacy Policy will constitute your consent and acceptance of those changes.
14. Grievance Officer
In accordance with Information Technology Act, 2000 and the Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the name and
contact details of the Grievance Officer are provided below:
Name – Shashwat Narhatiyar _
Address - O28 G round Floor, O Block, South City 1, Sector 40, Gurugram- 122001, Haryana, India
Email id: Shashwat@misfits.net.in
15. Contact us
If you have any queries relating to the processing/ usage of information provided by you or the Company's
Privacy Policy or if you would like to raise any other inquiries, you may email us at the contact information
provided above under section 14 of this privacy policy.
Last Updated as of April 15, 2024
© 2024 O28 Community India Private Limited.
© 2024 O28 Community India Private Limited.
© 2024 O28 Community India Private Limited.