Legal Document

Terms of Use

Effective: January 1, 2024 Last Updated: May 16, 2025 Version: 3.2 ↓  Jump to sections
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Please read these Terms carefully. By accessing or using Tophawks.com, you confirm that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, please discontinue use immediately.

01Agreement

Acceptance of Terms

These Terms of Use ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," "your") and Tophawks Technologies Private Limited, operating the website located at https://www.tophawks.com ("Tophawks," "we," "us," "our").

Your access to and use of the Platform — including any content, features, functionality, mobile applications, APIs, newsletters, or services offered through or in connection with Tophawks — is conditioned on your acceptance of and compliance with these Terms.

These Terms apply to all visitors, registered users, contributors, and others who access or use the Service. If you are using the Platform on behalf of an organization, you represent and warrant that you are authorized to bind such organization to these Terms.

ImportantBy clicking "I Agree," creating an account, or otherwise accessing the Platform, you acknowledge having read these Terms in their entirety and agree to be legally bound by them.

02Glossary

Definitions

The following defined terms apply throughout this Agreement:

"Platform"The Tophawks website, mobile applications, APIs, and all associated services and sub-domains operated by us.
"Content"All text, graphics, images, video, audio, data, software, and other material available on or through the Platform.
"User Content"Any content — including reviews, listings, media, or communications — that a User submits, posts, or transmits on the Platform.
"Account"A registered profile created by a User to access certain features of the Platform.
"Tophawks IP"All trademarks, service marks, logos, trade names, and proprietary information owned by or licensed to Tophawks.
"Third-Party Services"Websites, applications, or services not owned or operated by Tophawks that may be linked from or integrated into the Platform.

03Who Can Use

Eligibility

The Platform is intended for users who are at least 18 years of age. By using the Platform, you represent and warrant that you meet all of the following criteria:

✓You are at least 18 years old, or the age of majority in your jurisdiction, whichever is greater.
✓You have the legal capacity and authority to enter into this Agreement.
✓Your use of the Platform does not violate any applicable law or regulation in your jurisdiction.
✗You have not been previously suspended or removed from the Platform by Tophawks.
✗You are not located in a country subject to a government embargo or designated as a "terrorist supporting" country.

We reserve the right to verify eligibility and to refuse service to anyone at our sole discretion.

04Registration

Account Registration & Security

Certain features of the Platform require you to register for an Account. When creating an Account, you agree to provide accurate, current, and complete information and to update such information as necessary.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You agree to notify us immediately at security@tophawks.com of any unauthorized use or suspected security breach.

Security ReminderTophawks staff will never ask for your password. Enable two-factor authentication where available for enhanced account protection.

We reserve the right to reclaim, suspend, or terminate any Account that violates these Terms, impersonates another person, or uses offensive or misleading usernames or information.

05Allowed Uses

Permitted Use

Subject to your compliance with these Terms, Tophawks grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial purposes, or as specifically authorized under a separate written agreement with Tophawks.

This license does not include the right to sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make available to any third party the Platform or its Content in any way.

Commercial UseIf you wish to use the Platform or its Content for commercial purposes, you must obtain prior written authorization from Tophawks. Please contact partnerships@tophawks.com.

06Restrictions

Prohibited Conduct

You agree not to engage in any of the following activities while using the Platform:

✗Violate any applicable local, state, national, or international law or regulation.
✗Transmit unsolicited commercial communications (spam), chain letters, or other unauthorized solicitations.
✗Use automated tools, bots, scrapers, or data mining software to extract data from the Platform without prior written consent.
✗Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code of the Platform.
✗Upload, post, or transmit any content that is defamatory, obscene, fraudulent, hateful, or infringes upon any third party's rights.
✗Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
✗Interfere with or disrupt the integrity or performance of the Platform or the servers and networks connected to the Platform.
✗Attempt to gain unauthorized access to any portion of the Platform or any systems connected to it.
✗Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property rights of Tophawks or any third party.
✗Collect or harvest any personally identifiable information from the Platform without authorization.
EnforcementViolation of these prohibitions may result in immediate account termination, legal action, and reporting to appropriate law enforcement authorities. Tophawks reserves all legal and equitable remedies available.

07Ownership

Intellectual Property Rights

The Platform and all of its original Content, features, and functionality are and will remain the exclusive property of Tophawks and its licensors. The Platform is protected by copyright, trademark, and other laws of India and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tophawks. Nothing in these Terms grants you any right, title, or interest in any Tophawks IP except the limited license expressly set forth above.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Tophawks as a result of these Terms or use of the Platform.

08Your Content

User-Generated Content

By submitting, posting, or displaying User Content on or through the Platform, you grant Tophawks a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display such content in connection with providing and promoting the Platform.

You represent and warrant that: (i) you own the User Content or have the necessary rights to grant the license above; (ii) the User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity; and (iii) the User Content does not contain any material that is defamatory, obscene, or otherwise unlawful.

Tophawks reserves the right to remove any User Content at any time, for any reason, without notice, at our sole discretion.

09Data

Privacy & Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the practices described in the Privacy Policy.

We comply with applicable data protection laws, including the Information Technology Act, 2000 and its rules, and (where applicable) the Digital Personal Data Protection Act, 2023 (India). Our practices around cookie usage are explained in our Cookie Policy.

10Warranties

Disclaimers & Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Tophawks does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) the results obtained from use of the Platform will be accurate or reliable; (c) any errors or defects will be corrected; or (d) the Platform or the servers that make it available are free of viruses or other harmful components.

Third-Party LinksThe Platform may contain links to third-party websites. Tophawks has no control over, and assumes no responsibility for, the content or practices of any third-party websites. Inclusion of any link does not imply endorsement.

11Liability

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPHAWKS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

iYour access to or use of (or inability to access or use) the Platform;
iiAny conduct or content of any third party on the Platform;
iiiAny content obtained from the Platform; or
ivUnauthorized access, use, or alteration of your transmissions or content.

In no event shall Tophawks's total liability to you for all claims arising out of or related to the use of the Platform exceed the greater of (a) the amount paid by you to Tophawks in the twelve (12) months preceding the claim, or (b) INR 1,000 (Indian Rupees one thousand).

12Indemnity

Indemnification

You agree to defend, indemnify, and hold harmless Tophawks and its licensors, service providers, employees, agents, officers, directors, and shareholders from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

→Your violation of these Terms;
→Your User Content;
→Your use of the Platform in violation of applicable law; or
→Your infringement of any third party's rights.

13Termination

Account Termination

Tophawks may terminate or suspend your Account and access to the Platform immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Platform will cease immediately.

You may terminate your Account at any time by contacting us at support@tophawks.com. Note that certain information may be retained as required by law or for legitimate business purposes following termination.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14Disputes

Governing Law & Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good faith negotiation. If not resolved within thirty (30) days, disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), with proceedings conducted in New Delhi, India, in the English language.

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, without prejudice to any rights or remedies under arbitration.

Class Action WaiverYou agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15Updates

Changes to These Terms

Tophawks reserves the right to modify or replace these Terms at any time at our sole discretion. We will provide at least 30 days' notice prior to material changes taking effect by posting the new Terms on this page and updating the "Last Updated" date, and/or by sending an email notification to your registered email address.

What constitutes a material change will be determined by us in good faith. By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree with the new Terms, please discontinue use of the Platform.

16Get in Touch

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Use, please contact our Legal Team:

Emaillegal@tophawks.com
General Supportsupport@tophawks.com
Websitewww.tophawks.com
JurisdictionIndia — New Delhi

Have a legal question?

Our legal team typically responds within 2–3 business days. For urgent matters, mark your subject line [URGENT].

✉ Email Legal Team