Terms of Use 

Effective Date: 25/04/2021

Site Covered: https://dhakdhak.world/ & DhakDhak Application


ALLOW US TO INTRODUCE OURSELVES!

Welcome to DhakDhak, a web-based hosting, communications, and content creation/sharing platform owned and operated by DhakDhak Entertainment Pvt Ltd., whose address is at Office no. 202 B, Town square Shopping Centre S. No. 230/A/3/1, Viman Nagar, Pune, Maharashtra - 411014 ("Company", "we", "us", or "our"). These terms of service and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Policy (collectively, the "Terms of Service"), constitute a legally binding agreement between the Company and each registered or unregistered end-user(each, a "User", "you" or "your") of the Dhak Dhak website, https://www.DhakDhak.world/ (the "Site"), and/or the Dhak Dhak mobile application (the "App", and collectively with the Site and all services provided therein, the "Platform"). By accessing and using the Platform and/or creating a User profile account on the Platform (an "Account"), you are deemed to have read, accepted, executed and be bound by these Terms of Service.

CHILDREN POLICY

You must be at least thirteen (13) years to access and use the platform; provided, if you are between the ages of thirteen (13) and eighteen (18) years old (or any greater age required to be deemed to have reached the age of majority under the applicable laws of India) you may only access and use the platform with the prior permission of your parent or legal guardian, and you represent and warrant to us that you have such permission and that your parent or legal guardian has reviewed and discussed these terms of service with you. since certain content made available on the platform may not be suitable for minors, we recommend that parents or legal guardians who permit their child to access and use the platform to supervise such child’s activity, including, without limitation, any engagement with any other user thereon.

KEEPING UP WITH THE CHANGES

Company may change or amend these Terms of Service at any time at its sole and absolute discretion. We encourage you to review these Terms of Service carefully and to check these Terms of Service periodically for any updates or changes. If Company makes a material change or amendment to these Terms of Service it will provide notification of such changes or amendments on the Platform, which changes or amendments will be effective automatically upon the posting of such notification. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding the terms of this paragraph, please note that no revisions to the Terms of Service will apply to any dispute between you and Company that arose prior to the effective date of such revision.

Company may, from time to time, release new versions of the Platform, or release/introduce new tools, products, services, functionalities, and/or features for the Platform, which will be subject to these Terms of Service, and any additional terms of service as may apply to such additional versions, tools, products, services, functionalities, or features.

If any provision of these terms of service or any future changes are unacceptable to you, do not use or continue to use the platform and do not create an account. your continued use of the platform following the posting of any notice of any change to these terms of service shall constitute your acceptance and agreement to such change.

PLATFORM LICENSE

Company hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Platform, the Platform Content (defined below), and User Content (defined below), solely as permitted by the tools, products, services, functionalities and/or features made available to Users of the Platform, subject in all respects to these Terms of Service, and not for redistribution of any kind (the "Platform License"). This Platform License does not include any resale or commercial use of:

As between any User and Company, Company retains all right, title and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation,

The Company trademarks, service marks and logos (the "Company Trademarks") used and displayed on the Platform are Company’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with the Company Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage Company or the applicable third-party, Company’s or a third- party’s products or services (including, without limitation, the Platform), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Platform without the Company’s prior express written consent. All goodwill generated from the use of any Trademark will inure solely to the benefit of Company or the applicable third-party owner thereof.

Violation of this Platform License may result in infringement of intellectual property and contractual rights of Company, other Users of the Platform, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

ADDITIONAL PLATFORM LICENSE RULES

Company provides you with the Platform License for free for your personal enjoyment, self-expression, and the possibility of public exposure. In return for the Platform License granted to you herein, you acknowledge and agree that Company may generate revenues, increase goodwill, or otherwise increase the value of Company, from your use of the Platform and any User Content you upload thereto, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and you will have no right to share in any such revenue, goodwill or value whatsoever.

Among other services and functionalities offered via the Platform, the Platform currently enables a User to create a User-generated video clip embodying a sound recording, and may in the future enable a User to create other types of User-generatedcontent (a.k.a, "UGC"). You acknowledge and agree that no UGC will be considered a separate copyrightable work and that all rights to UGC will remain with the applicable owners of any Platform Content or User Content used to create such UGC. For the avoidance of doubt, UGC shall be deemed “User Content” as such term is defined herein. The Platform also enables Users to save certain UGC locally to such User’s device, to upload certain UGC to various third-party social media channels and other third-party sites and services, including, but not limited to, Instagram, Facebook, YouTube, Twitter (known as, an “SM Channel”), and/or to communicate certain UGC to other third parties via different messaging services available on such User’s device. If the Platform does not permit you to post certain UGC directly to one or more SM Channels, then you are not authorized by Company to post your UGC on such SM Channels, and you are solely and separately responsible for obtaining any necessary rights, clearances, permissions or authorizations for such posting, and may be subject to liability for your failure to do so. Additionally, you acknowledge and agree that any UGC uploaded to an SM Channel or shared via any third-party messaging service shall be subject to the terms and conditions of use and/or the privacy policies and other rules applicable to such SM Channel and/or third-party messaging service, and you represent and warrant to Company that you shall at all times be and remain in compliance with such terms, policies and rules.

Notwithstanding anything to the contrary contained herein, you acknowledge and agree that:

Nothing in the Terms of Service or the Platform License provided hereunder grants you a license to do the following any violation of the following will be deemed copyright infringement absent any defense(s) available under applicable law:

To use any third-party User Content in any manner not expressly permitted hereunder, you will need permission from the applicable User in addition to the owner of any content and other materials incorporated therein. Company is not responsible for putting you in touch with any other User or third-party owner for purposes of obtaining such permission.

USER ACCOUNT REGISTRATION

While you may always browse the public-facing portions of the Platform without registering with us, in order to enjoy the full benefits of the Platform, each User must register for and create an Account.

You agree to create only one unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, birthday, profile name, picture, etc., and to create an Account login password (collectively, “Registration Data”). Alternatively, you may register for an Account using your Facebook, Instagram, or other available and integrated social media plug-in credentials. You agree and represent that all Registration Data you provide to the Company will be and remain at all times true, accurate, current and complete. Company may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Company. In some cases, you will also need to update your Account and/or operating system settings to allow us to access your address book/contacts and enable the geolocation and camera/microphone functions. You must make sure that your Account profile name complies with these Terms of Service. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration or activate your Account.

Company will have the right to use your Registration Data in connection with servicing and operating the Platform and in other manners as set forth in more detail in our Privacy Policy. You agree

You agree to notify the Company of any breach of security by promptly sending Company an e-mail to contactus@dhakdhak.world

USER CONTENT LICENSE

Users can upload certain User Content to the Platform, including, but not limited, to UGC, sound recordings, images, quotes, messages, comments and memes. You acknowledge and agree that your User Content can be made publicly available to other Users on the Platform (in certain cases automatically upon upload and in certain cases following your selection of such uploaded User Content to become public as described in more detail in the terms below), and that your Account profile name or login identifier will be linked to, or appear alongside, all such publicly available User Content (as well as all private User Content). All User Content (whether made publicly available to other Users on the Platform or kept private) will be considered non-confidential and non-proprietary and you must not upload any User Content on or through the Platform or transmit any User Content to us that you consider being confidential or proprietary. All User Content uploaded to the Platform shall be subject to our Privacy Policy.

Subject to any third-party right in any preexisting content or materials included in your User Content, including, without limitation, any Platform Content, you retain all right, title and interest in and to any User Content (including all copyrights and other intellectual property rights related thereto or contained therein) that you upload onto the Platform; provided, that you hereby grant to Company and its affiliates, successors, licensees, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit:

For the avoidance of doubt, the User Content License granted to us hereunder covers our ability to sublicense to, and permit, other Users of the Platform to use your User Content in connection with all tools, products, services, functionalities and/or features made available in connection with the Platform from time to time, subject to the Terms of Service. Moreover, the User Content License granted hereunder includes the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis; which means that you are granting Company the right to Use your User Content without the obligation to pay royalties to any third-party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., IPRS) (a “PRO”), a sound recording PRO , any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms of Service to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms of Service or have such music publisher enter into these Terms of Service with us. Users should not presume that since you authored a musical work (e.g., wrote a song) that you have all the rights necessary to grant us the licenses in these Terms of Service.

By submitting User Content to the Platform, you acknowledge and agree that the Company may create or obtain license from third parties, Platform Content, or obtain User Content from other Users, that may be similar or identical to your User Content. You agree that you shall have no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to Company. You acknowledge and agree that your submission of User Content to the Platform does not create any new or alter any existing relationship between you and Company.

You hereby represent and warrant to Company that:

You acknowledge that the User Content License granted to us hereunder is provided on a through-to-the-audience basis, meaning the owners or operators of SM Channels or third-party messaging platforms will not have any separate liability to you or any other third-party for User Content Posted or Used on such External Sites via the Service.

By uploading any User Content to the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload on or through the Platform.

You acknowledge and agree that Company may establish general practices and limits concerning use of the Platform, including without limitation the maximum number of days that User Content posted to the Platform will be retained by, or made available through, the Platform, and the maximum storage space that will be allotted on Company’s servers on your behalf. You agree that the Company has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Platform. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without intimating through a notice to you.

You acknowledge and agree that Company is merely a passive conduit and hosting service for User Content and that it plays no active role in the distribution or presentation of User Content on the Platform, nor is it under any obligation to monitor User Content posted on the Platform (subject to the Copyright policy set forth below) and cannot and does not take any responsibility for such User Content. Further, Company does not endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Platform or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Platform or obtained by you through the Platform is at your own risk. For the avoidance of doubt, Company will not be liable for any unauthorized use of User Content by any User.

USAGE LIMITATIONS OF THE PLATFORM

The Platform, Platform Content and any User Content belonging to another User may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, or without the express prior written consent of Company, the applicable User, and/or the applicable third-party owner thereof, in each instance.

With limiting the foregoing, while using the Platform, you may not conduct any of the following activities:

The License granted to you in these Terms of Service terminates automatically upon any unauthorized use of the Platform and Company will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms of Service may be raised as a defense against any third-party claims arising from any such violation.

If you encounter any User Content that violates, or learn of any User who has violated, these Terms of Service and any of the Platform usage restrictions set forth above, please email Company at contactus@dhakdhak.world or inform us through the applicable reporting functionality offered via the Platform. Company may, but is not obligated to, take any of the actions set forth below against Users who violate any of the above restrictions.

REPRESENTATIONS AND WARRANTIES

The Platform is available only to persons

BY ACCESSING AND USING THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE CREATION OF AN ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE:

You represent and warrant that that you have the right, authority and capacity to enter into, and to be bound by, these Terms of Service and to abide by the terms and conditions of these Terms of Service, and that you will so abide.

You represent and warrant that:

You represent and warrant that any User Content, Registration Data, and other information that you upload to the Platform:

SUSPENSION AND/OR TERMINATION OF PLATFORM ACCESS

We reserve the right to investigate complaints or reported violations of the Terms of Service and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ Account, profile name, e-mail addresses, usage history, uploaded User Content, IP addresses, and traffic information.

We further reserve the right, in our sole discretion and without notice or liability to you, to disable your Account, suspend or terminate your use of, or access to, the Platform (either in whole or in part), or remove, block, hide or otherwise delete any User Content that you upload to the Platform, at any time for any reason with any conditions, including, but not limited to, if we believe that you have violated or acted inconsistently with these Terms of Service or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable in our sole discretion, including, without limitation, any violation of the restrictions set forth in Section 8 hereof. We may also disable your Account, suspend or terminate your access to the Platform, or remove, block, hide or otherwise delete any User Content you upload to the Platform, if you file any claim against Company or file any claim that involves the Platform. We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Service or any other act or omission by you that gives rise to a claim by Company, and our disabling of your Account, our suspension or termination of your use of, or access to, the Platform, or our removal, blocking, hiding, or deletion of any of your User Content, shall be without prejudice to, and shall not be deemed a waiver of, the foregoing. If we terminate, limit, or suspend your right to use the Platform, you are prohibited, without Company’s prior written consent, 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 the event your right to use the Platform terminated, limited, or suspended, these Terms of Service will remain in effect and enforceable against you.

You may terminate these Terms of Service at any time by deleting your Account and ceasing all use of the Platform. Please note that, deleting the Platform from your computer or mobile device will not delete your Account, and any User Content that you have previously uploaded will remain on the Platform. If you wish to delete your Account, please login to your Account on the Site or click the Account profile icon in the App, and once inside your Account profile, select "Delete Account". Please note that if you delete your Account, all User Content will automatically be deleted. Additionally, if you wish to delete any particular item of User Content that you have uploaded to the Platform, you can do so using the User Content deletion functionalities within the Platform; provided, deleting your User Content will not delete your Account or terminate these Terms of Service.

Notwithstanding the foregoing, all sections of these Terms of Service which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Service.

COMPLIANCE WITH INTELLECTUAL PROPERTY RIGHTS

Company reserves the right to remove any Platform Content or User Content that allegedly infringes another party’s copyright. Company will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s copyright. Notices to Company regarding any alleged copyright infringement should be directed to Company via email at contactus@dhakdhak.world.

Notification of Alleged Copyright Infringement: Company respects the intellectual property rights of others and expects all Users to do the same. If you believe in good faith that your work is being used on the Platform in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:

Please note that Section 63 of India Conpyright Act, 1957, the law imposes substantial penalties for falsely submitting a notice of copyright infringement.


Counternotice to Restore User Content Removed for Alleged Copyright Infringement:

INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

You agree not to display or use in any manner any

Company reserves the right to remove any Platform Content or User Content that allegedly infringes another party’s trademark, service mark or other intellectual property right. Company will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s trademark or service mark. Notices to Company regarding any such alleged infringement should be directed to Company via email at contactus@dhakdhak.world and shall include all the same information required to be included in any copyright infringement notice as set forth above.

If we remove your User Content because of an infringement report provided to us pursuant to this Section, you will receive a notification from us that includes the name and email address of the rights holder who made the report and/or the details of the report. If you believe such User Content should not have been removed, you can follow up with the rights holder directly to try to resolve the issue. Company does not provide a counter-notice or appeal mechanisms for claims of trademark infringement and disclaims any liability for claims you might make regarding mistaken or misidentified trademark infringement notice and takedown requests.

REPORTING NON PERMITTED MINOR CONTENT

We understand parental concerns about child safety, particularly when it comes to the types of websites and mobile applications that children access and use, as well as the type of content that children view, and the types of third-party interactions that children have, through such websites and mobile applications. We share these same concerns and therefore recommend that all parents/legal guardians oversee the internet and mobile device use by their children, and we encourage parents to have conversations with their children about safe internet practices and to exercise discretion when sharing pictures and videos, communicating with others, and consuming content online.

In connection with the foregoing, if any parent/legal guardian:

such parent/legal guardian can send us an email at contactus@dhakdhak.world to request that we remove and disable such child’s Account, and if applicable, delete all data collected in connection with such child’s Account and use of the Platform, and we will work with such parent/legal guardian to comply with such request as promptly as practicable.

Any parent/legal guardian is welcome to send us an email at contactus@dhakdhak.world with respect to any other questions/concerns that he/she may have regarding the Platform and we will do our best to answer as promptly as practicable.

ADVERTISING/SPONSORSHIPS

The Platform may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws, including, without limitation, Labor Commission and Telecom Commission in India, regulations and guidelines, with respect to product/service endorsements and paid sponsorships/advertisements. Company will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

PROMOTIONAL ACTIVITIES

Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification and the liability of any of Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Terms of Service.

DISCLAIMER OF WARRANTIES

To the extent applicable, your use of the platform is entirely at your own risk. the platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. company makes no warranties or representations about the accuracy, currentess, completeness or reliability of any platform content or user content provided through the platform or third-party content linked to the platform and assumes no liability or responsibility for any:

Without limiting the foregoing, neither company nor its affiliates or licensors warrant that access to the platform will be uninterrupted or that the platform will be error-free, or that defects will be corrected or that it will always be accessible; nor do they make any warranty as to the results that may be obtained from the use of the platform, or as to the timeliness, accuracy, reliability, completeness or content of any content, information or materials provided through or in connection with the use of the platform. neither company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user. neither company nor its affiliates or licensors warrant that the platform is free from viruses, worms, trojan horses, or other harmful components. company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

LIMITATIONS OF LIABILITY

You acknowledge and agree that company is only willing to provide the platform if you agree to certain limitations of our liability to you and third parties. therefore, you agree not to hold company, its parents, subsidiaries, affiliates, licensors, and partners in promotions, sweepstakes or contests, or any of such parties’ respective agents, employees, officers, directors, managers, members, vendors, third-party licensors, corporate partners, participants, successors, and assigns (collectively, “company parties”) liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by company or its affiliates or licensors and any destruction of your information.

Under no circumstances will any company parties be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the platform, even if advised of the possibility of the same. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. if, notwithstanding the foregoing exclusions, it is determined that any company party is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed minimum prescribed limit as per Indian Laws.

Any dispute you have with any third-party arising out of your use of the platform, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third-party, and you irrevocably release the company parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Any dispute you have with any third-party arising out of your use of the platform, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third-party, and you irrevocably release the company parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless, the Company Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on:

UPDATES, MAINTAINENCE AND ACCESS REQUIREMENTS

Access to and use of the Platform requires a compatible mobile device/web browser and internet connection. It also requires that we have access to your device identifier and location information. Although we are working to ensure that the Platform is compatible across various devices, we cannot guarantee that the Platform will work with all devices.

It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Platform may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and Company accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).

It is your responsibility to pay for all costs and expenses that you may incur while using the Platform (including, but not limited to, all telephone call or line charges or Internet data service access charges).

Your access to the Platform may be interfered with by numerous factors outside of Company’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Platform. In addition, perfect security does not exist on the Internet; Company cannot and does not guarantee that any Registration Data or other personally identifiable information submitted to the Platform and selected by you to remain private (as applicable) will not become public under any circumstances.

Company may in the future update the Platform for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). Company shall not be liable to any User in any way as a result of any temporary or permanent suspension of the Platform or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, Company is under no obligation to undergo an Update of the Platform to the extent any Platform Content, User Content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Platform until you have downloaded the latest version and accepted any new terms.

PRIVACY POLICY

Your privacy is of utmost importance to us. Therefore, in order to understand our practices, please review our Privacy Policy, which is incorporated by reference into these Terms of Service and also governs your use of the Platform. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.

GOVERNING LAW AND JURISDICTION

The Terms of Service are governed by and construed in accordance with the laws of India, without reference to principles of conflicts of laws, and any action arising out of or relating to these Terms of Service shall be filed only in the local courts of Pune, Maharashtra and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such action.

You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.

ASSIGNMENTS

Company may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Terms of Service to any company, firm or person. You may not transfer your rights or obligations under these Terms of Service to anyone else.

ENTIRE AGREEMENT

Failure by Company to enforce any provision(s) of these Terms of Service will not be construed as a waiver of any provision or right. If any provision of these Terms of Service is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Service incorporate by reference any notices contained on the Platform and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Platform, Platform Content, and User Content.

CONTACT INFORMATION

General questions or comments about the Platform or these Terms of Service should be sent either by mail to Office no. 202 B, Town square Shopping Centre S. No. 230/A/3/1, Viman Nagar, Pune, Maharashtra - 411014, or email to contactus@dhakdhak.world.

THANK YOU!