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Dal Khichdi TERMS OF SERVICE

Last Updated: [Aug 03, 2020]

IMPORTANT – please read these Terms of Service (these "Terms") carefully before using the Dal Khichdi mobile application, as they form a legally binding contract between you and Dalkhichdi (the "Company" or "we" or "us"). In order to use Dal Khichdi or any other products or services that link to these Terms (collectively, the "Service"), you must have accepted our Terms as well as the terms of our privacy policy, both of which are presented to you (i) when you first open our app and (ii) when we make any material changes thereto. If you do not accept these Terms or our Privacy Policy, do not use the Service and contact us to terminate your account immediately, whether as a guest or a registered user. In order to use the Service, you must agree to the following:

  • General Terms & Conditions
  • Changes to These Terms. We may change these Terms at any time, and if we do, we will try to notify you beforehand of any material changes that may apply to you, although this may not always be possible. If we should revise these Terms, your continued use of the Service after such revision will constitute your agreement to such revised Terms. If you do not agree to any of these Terms, as they may be revised then your sole remedy is to delete your account which will terminate these Terms.
  • Additional Agreements & Terms. Your access to and use of the Service is also subject to our Privacy Policy which can be found directly on the App and on the Dal Khichdi website ( www.dalkichdi.in).
  • User Eligibility. The Service is restricted for use by any persons under the age of 13 or for any users previously removed or banned from the Service by us, whether as a guest or a registered user. By using the Service, you state that:
    (i) you can form a binding contract with dalkhichdi.in;
    (ii) you are not a person who is barred from receiving the Service under the laws of the India, United States, the United Kingdom, or any other applicable jurisdiction;
    (iii) you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Service on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.

Children’s Privacy

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the contentThis Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services., privacy policies, or practices of any third-party sites or services.

  • Mobile Services. The Service is accessible via mobile phone, tablet or other wireless device (collectively, "Mobile Services") and your use of the Mobile Services constitutes your acknowledgement and acceptance of your mobile carrier’s normal messaging, data, and other rates and fees, which may apply. You are solely responsible for verifying with your mobile carrier as to whether the Mobile Services are available for your mobile device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
  • Licence. The Company grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Service. This licence has the sole purpose of enabling you to use and enjoy the benefit of the Service in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions, or you have our written permission to do so.
  • Company Trademarks; Copyrights. You must respect the rights of the Company and its affiliates. These Terms do not grant you any right (or to enable anyone else) to do any of the following:
    (i) use branding, logos, designs, photographs, videos, or any other materials used in our Service;
    (ii) copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorized in these Terms;
    (iii) use the Service, any tools provided by the Service, or any content on the Service for any commercial purposes without our consent.
  • No Transfer or Assignment. You may not transfer or assign the Service, these Terms, and/or any rights or obligations hereunder without our prior written consent.
  • Termination for Breach. If you breach any of your material obligations under these Terms and any Additional Agreements, we may terminate your account. For clarity, if we determine (i) any of your Post in violation of the applicable laws, regulations, Dal Khichdi policies or Terms of Use (e.g. racist, xenophobic, revisionist, obscene, pornographic, paedophile, offensive, abusive, libellous, slanderous or of prejudice in any way to the honour or reputation of any third party, incite people to discrimination, hatred, violence, to commit a crime or offence or to consume illegal substances) or denigrate the reputation of Dal Khichdi brands or staff, we may ban your account or device ID immediately with or without notice. We reserve the right to pursue civil and criminal charges and penalties in such cases.
  • Reservation of Rights. The Company reserves all rights not expressly granted to you. Accordingly, nothing in these Terms or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional licence rights in and to the Service or any Company Content (defined below) or trademarks located or displayed therein.

Dal Khichdi User Accounts.

  • Account Creation. In order to access the full benefits of the Service, you will have to create a Dal Khichdi account. You may never use another account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, including safeguarding your password and/or credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. You are responsible for the security of your account. If you suspect or know of any unauthorised use of your log-in credentials or any other breach of security with respect to your Account, please notify the Company immediately at: support@dalkhidi.in.
  • Terms of Service; Users. All users of the Service who view and/or transmit User Content (defined below) are referred to herein collectively as "Users."
  • Public Accounts. The Service enables Users to create, transmit, and view short video audiovisual content ("Short Video Content"). All User activity on the Service, including the posting of and commenting on any Short Video Content is publicly available on the Service. Notwithstanding the guidelines and restrictions set forth in our Terms of Service any other Guidelines, User discretion on the Service is advised.

User Content

  • Definitions. As used in these Terms, "User Content" means any content that Users upload, post, or transmit (collectively, "Post") to or through the Service, including, without limitation, any short videos, photos, comments or other text, photographs, and sound recordings, and excludes any and all "Company Content," which is defined as content that the Company provides to Users on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features.
  • No User Content Screening. Users have the ability to Post User Content to, or transmit through, the Service. While we endeavor for all User Content to comply with our Community Guidelines (available for viewing on the App), we do not pre-screen any User Content submitted or publicly Posted by any User. We do however have the right, to delete, disallow, or temporarily block any User Content that (i) we consider to be in violation of these Terms, our Community Guidelines, or any applicable law, or (ii) in response to any complaint(s) from other Users, with or without notice. The Company does not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any User Content, and any use or reliance by you on any User Content is at your own risk and Company shall not be held liable for any such User Content under any circumstances.
  • User Content Ownership; License. You are the owner and retain the rights to the User Content Posted and displayed on and through the Service by you, but you grant us a worldwide, assignable, sublicensable, royalty-free licence to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit and use all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting the Company and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by these Terms. If you terminate your account or remove any of your User Content from the Service after it has been Posted, then your licence grant with respect to your User Content is perpetual and irrevocable. You further grant us and our affiliates and business partners an unrestricted, worldwide, royalty-free licence and right to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to us any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or otherwise transmitted to us will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by the Company in accordance with these Terms without notice to you and without any liability to the Company. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce your User Content on a royalty-free basis. This means that you are granting the Company the right to Use your User Content without the obligation to pay royalties to you or any third party involved in the creation of your User Content.
  • Advertisements. The Service may also contain advertisements. In consideration for us letting you access and use the Service, you agree that we, Dal Khichdi, our affiliates, and our third-party partners may place advertising on the Service, including personalised advertising based upon the information you provide us, or we collect or obtain about you. Because the Service contain content that you and other Users provide us, advertising may sometimes appear near, between, over, or in your User Content.
  • User Content Restrictions. By Posting User Content to the Service, you must abide by the following restrictions:
    (i) you must own the User Content Posted by you on or through the Service or otherwise have the right to grant the licence set forth in these Terms;
    (ii) the Posting and Use of your User Content on or through the Service must not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person;
    (iii) the Posting of your User Content on the Service must not require us to obtain any further licences from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
    (iv) the Posting of your User Content on the Service must not result in a breach of contract between you and a third party, nor will it be in violation of any applicable law or regulation.
  • Waiver of Rights to Inspect or Review User Content. By Posting User Content to or through the Service, 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 Post to or through the Service.
  • User Comments. If you submit or Post your User Content on or through the Service, such content may be distributed, viewed and accessed and commented by other Users and we will not be held liable for any unauthorised use of User Content or comment thereon by any User, under any circumstance.
  • Prohibited Content. You are prohibited from Posting, any User Content to the Service considered to be "Prohibited Content" as determined solely by us, which includes, without limitation:
  • Sexually Explicit Material (i.e. pornographic or erotic content, including icons, titles, or descriptions). We have a zero-tolerance policy against child sexual abuse imagery. If we become aware of any User Content containing any child sexual abuse imagery, we will report it to the appropriate authorities immediately and delete the submitting User Accounts; and
  • Violence and Bullying (i.e. User Content may not contain materials that threaten, harass or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide); and
  • Hate Speech (i.e. User Content may not promote bigotry, discrimination, hatred, intolerance, or racism, or target against any person or groups of persons based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity); and
  • Sensitive Events (i.e. User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not permitted); and
  • Unlawful Activity (i.e. use of the Service for any illegal or unlawful purpose, including, without limitation, stalking and sexually exploiting any User); and
  • IP Infringement (i.e. User Content which infringes on any third party’s rights, including copyright, trademark, privacy and publicity rights).
  • Company Action. We have the right to remove and/or refuse to post or exhibit publicly any User Content, which we determine to be Prohibited Content. We also have the right to take any action(s) we deem necessary and/or appropriate against any User who Posts Prohibited Content on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content Posted on the Service and/or reporting the User to law enforcement authorities. We also have the right to access, read, preserve, and disclose any information or take any other legal action that we reasonably believe is necessary to
    (i) satisfy any applicable law, regulation, legal process or governmental request,
    (ii) enforce these Terms,
    (iii) detect, prevent, or otherwise address fraud, security or technical issues,
    (iv) respond to user support requests, or
    (v) protect the rights, property or safety of the Users and the public. Notwithstanding the foregoing, we do not disclose personally identifying information to third parties except in accordance with our Privacy Policy (as further described below). If you Post any Prohibited Content, you are responsible for defending any third party claims which may be raised against you arising from your Posting of such Prohibited Content.

Privacy

  • Our Privacy Policy details how we handle your information when you use the Service and can be found at:. Please read our Privacy Policy carefully because, by accepting it, you agree that your information may be collected and processed in India, the UK and the United States, as well as their affiliates, and transferred outside of the country in which you reside, including to countries that may not have the same data-protection laws as your country.

Copyright Infringement

  • We respect copyright law, and we expect that our community of Users will do the same. We therefore take reasonable steps to expeditiously remove from our Service any infringing material that we become aware of. Furthermore, if we become aware that a User has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate that User’s account. If you believe that anything on the Service infringes a copyright that you own or control, you can report the suspected infringement by filing a notice with our designated Copyright Agent at:andheri west mumbai
    Attn:customer
    Email:privacy@dalkhidi.in
    If you file a notice with our Copyright Agent, it must:
  • Contain a physical or electronic signature of a person authorized to act on behalf of the owner;
  • Identify the copyrighted work claimed to have been infringed;
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Provide your contact information including your address, telephone number, and if available, an email address;
  • Provide a personal statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
  • Provide a statement, made under penalty of perjury, that the above information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

General Use of the Service

  • Our Service is constantly evolving and improving, which means that we may add or remove features, products, or functionalities, and we may also permanently or temporarily suspend or stop providing the Service or any features within the Service altogether, at any time. While we will try to notify you before we take any of these actions, this won’t always be possible.
  • By using the Service, you agree that:
  • you will not distribute in any medium any part of the Service or the Company Content without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Service; and
  • you will not alter or modify any part of the Service; and
  • you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access; and
  • you will not use the Service for any of the following commercial uses unless you obtain our prior written approval: (a) the sale of or access to the Service; or (b) the sale of advertising, sponsorships, or promotions placed on or within the Service, User Content, or Company Content.

Sharing on Dal Khichdi Content Network

  • The Services may simultaneously share your short video Content, any content created by you and all your personal information on Dal Khichdi application to applications under Dal Khichdi content Network. The applications are owned and operated by us, our associated entities or our third party partners. You may deactivate this feature at any time by contacting us. The use of sharing feature shall be done entirely at your own risk and neither the Company, nor our affiliates, officers, directors, employees, agents, suppliers and licensors shall have any liability whatsoever in connection with your activities on such third party platforms. You understand that your activity is at all times subject to, and you hereby consent to all Standard Terms and Policies of such application(s) other than Dal Khichdi app, including, without limitation, its Terms & Condition and Privacy Policy . Please read their Standard Terms and Policies to learn more about their practices.
  • If you do not contact us to deactivate the sharing feature, we deem you understand and agree that:
  • you have read and understand the details of their Standard Terms and Policies including, without limitation, its Terms & Condition and Privacy Policy ;
  • you are voluntarily activating the Sharing Feature and participating on these third-party platforms is at your own discretion, and you understand and assume all risks associated with such activity; and
  • the Company, and our affiliates, officers, directors, employees, agents, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Sharing Feature or inability to use the Sharing Feature; (b) your access to or inability to access the Sharing Feature, or any features contained therein; (c) the conduct or content of other users or third parties on or through such third party platforms; or (d) unauthorized access, use or alteration of your Content due to your use of the Sharing Feature.
  • If we terminate your account for fraud, any outstanding Virtual Items remaining in your account at the time of termination may be irrevocably confiscated, accordance with our Account Termination Policy specified below.

Term and Termination of These Terms

  • Term. As between you and the Company, the Term of these Terms of Service, as it may be amended, commences as of the date of your first use of the Service and continues until the termination of these Terms by either you or the Company.
  • Termination. You may terminate these Terms by terminating your account, deleting your account and the app from any mobile devices in which it is installed, and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the app, but the removal or deletion of such User Content will not terminate these Terms. We have the right to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or our Privacy Policy, or violate the rights of any third party copyright owner. We will make reasonable efforts to notify you of such termination via the email address associated with your account or the next time you attempt to access your account, depending on the circumstances, however this may not always be possible.
  • By your use of the Service, you agree that if we terminate your account for cause, all of or your User Content and Virtual Items stored on the Service will be confiscated. In other words, play by the rules and adhere to these Terms of Service, and the Dal Khichdi Privacy Policy; failure to do so will result in the loss of your account and all of its assets.
  • Appeals. If we terminate your account or confiscates any Virtual Items for cause, you will have an opportunity to appeal such decision. All information regarding the appeals process will be provided to you via the app at the time of any termination or confiscation of Virtual Items.
    Survival. A section by its terms is intended to survive the expiration or termination of this Agreement, will remain in full force and effect.

Consent to Electronic Communications

  • By using the Service, you hereby consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Dispute resolution, Exclusive venue & Choice of law

  • To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and the Company agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of Mumbai.
  • The laws of India govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter.

Disclaimers; Limitation of Liability

  • The Service is provided "as is" and "as available" and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while the Company attempts to provide a good user experience, we do not represent or warrant that: (a) the Service will always be secure, error-free or timely; (b) the Service will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Service will be timely or accurate. IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY, and its affiliates takes no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Service. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which, nor its affiliates will be responsible for. Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
  • The Company, and our affiliates, officers, directors, employees, agents, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Service or inability to use the Service, or any features contained therein; (b) your access to or inability to access the Service, or any features contained therein; (c) the conduct or content of other users or third parties on or through the Service; or (d) unauthorised access, use or alteration of your Content. In no event will the Company or their affiliates’ aggregate liability for all claims relating to the Service exceed the amount you paid the Company in the last 2 months in connection with paid features of the Service. IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY

Indemnification

  • By your use of the Service, you agree, to the extent permitted by law, to indemnify, defend and hold harmless and its affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your User Content; and (c) your breach of these Terms.

Third Party Disputes

  • To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, 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 agree to release the Company 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.

Miscellaneous

  • Miscellaneous
  • These Terms constitute the entire agreement between you and the Company and supersede all prior agreements.
  • These Terms will inure to the benefit of our successors and assigns and we reserve all rights not expressly granted to you. You may not assign these Terms or any of the rights or licences granted hereunder, directly or indirectly, without our prior written consent. We may assign these Terms or any of the rights or obligations hereunder, to any third party without the need to provide notice to you. If we do not enforce a provision in these Terms, it will not be considered a waiver. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
  • You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service.
  • Contact: If you have any questions or comments about these Terms or your use of the Service, please contact us at support@dalkhidi.in