These Terms of Use (these “Terms”) were last updated on: 12 OCT 2024. When we say “our”, “us”, “we” or “Company” in these Terms, we mean Hoodlive Internet Private Limited or its subsidiaries. When we say “the Knot.dating Platform” or “Platform” we mean the website –www.knot.dating (“Website”). The terms “user”, “you”, “your” or “yours” refer to any user of the Platform.
These Terms govern your access and use of the Platform Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us.
1. Acceptance of terms
1.1 Accessing, browsing or otherwise using the Platform, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance of these Terms. It means that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information set out in our Privacy Policy and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Policies”). The Policies are incorporated by reference into these Terms. If the contents of any of our other Policies conflict with these Terms, these Terms shall prevail over the Policies.
1.2 We may revise these Terms and update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as acceptance of the modified Terms. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately. We will also share with you periodic reminders to comply with these Terms and the Privacy Policy, including any updates (wherever applicable).
2. Eligibility
2.1 To use or access the Platform, you must be competent to enter into a contract under applicable laws. Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws. The Platform is only meant to be used by individuals in their personal capacity. You cannot use the services on behalf of a company, organization, government, or other legal entity.
3. Limited license
3.1 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Platform.
3.2 You do not have any permission to download, copy, install, reverse-engineer or use the Platform, or information made available on the Platform for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Platform and prevent your future access to the Platform.
4. Privacy of data
4.1 Knot dating Privacy Policy provides the manner in which we store, process, collect, use and share the data that is collected from you. Please read it so you know your rights in this regard.
5. Third-party data and advertising
5.1 Third-Party Data: We may use various third-party data, software and/or services to host the Platform. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software or services.
5.2 Third Party Advertising: We may display advertisements or promotional material of third- party websites, products, services and contents on our Platform, in consideration of us providing you with our services through our Platform. We are not responsible for the content of any third-party advertisements and sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to follow the link to any such third-party websites, you do so entirely at your own risk. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such third party websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third-party website pages and other websites that you visit via the Platform.
6. Disclaimers
6.1 The information made available on the Platform is for purely informational purposes only. The information shall not constitute and is not intended to be professional advice or services. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness or usefulness of any information posted on the Platform. Any reliance placed on the information provided on our Platform is solely at your own risk. Under no circumstances will we, our directors, investors, shareholders, employees, representatives or affiliates be liable for such information or any consequences thereof.
6.2 You understand that usage of Platform will require an active internet connection, which can be either Wi-Fi or provided by your mobile network provider. We will not be responsible for any loss in functionality if you don't have an active internet connection or for any charges you may incur for the usage of mobile data. Further, you need to ensure that your computer or mobile device has adequate charge as we will not be responsible if you run out of battery and consequently fail to access the Platform.
6.3 You agree to use the Platform at your own risk. The Platform, including any content, and any other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. You understand that by using the Platform, you may be exposed to content that might be offensive, harmful, deceptive, inaccurate, inappropriate or the like. All User Content is the sole responsibility of the respective person(s) who originated such content. We strive to monitor harmful content however, that may not always be possible or prompt. At times, we may not be able to monitor or control the User Content posted on the Platform and, we cannot take responsibility for such User Content.
6.4 We do not warrant the quality of the Platform, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Platform will be accurate, error-free, reliable, free of trojans, viruses, malware or other harmful components.
6.5 We are committed to ensuring that none of the information or content on the Platform violates the law or infringes third-party intellectual property rights. We are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will take action within 2 (two) working days of making such a determination unless required to act sooner under any applicable law in which case we will take down such content as required under applicable law. Please note that we do not review every post and content being posted on the Platform, and will review posts only when posts are brought to our attention by you.
7. Intellectual property
7.1 Our Intellectual Property: All rights, interest and title in the Platform, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), created by us vests with us unconditionally and constitutes our exclusive Intellectual Property.
7.2 Prohibited use of Intellectual Property: You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Platform, translate the Platform, information and content thereof, or commercially exploit our Intellectual Property directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.
8. Limitation of liability
8.1 In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Platform or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Platform or any content or information thereof, even if advised of their possibility. Our total aggregate monetary liability arising under these Terms shall be limited to the charges or amounts paid to us for use of the Platform or the services in the month preceding the date of the claim (if any) and in all other cases, INR 1,000 (Rupees One Thousand only).
9. Indemnification
- your use and access to Platform;
- your violation of these Terms;
- your violation of any third party right;
- your breach of applicable laws; and
- any unauthorized, improper, illegal or wrongful use of your knot dating Account by any person, including by a third party, whether or not authorized or permitted by you.
10. Term and termination
- discontinue or modify any aspect of the Platform; and/or
- terminate these Terms and your use of the Platform with or without cause.
10.2 Post-termination obligations: Upon termination of these Terms, you shall stop using and destroy or remove all copies of the Platform, including content and information, from all websites, applications, computers, hard drives, networks, and other storage media, and certify to us that such actions have occurred. We reserve the right to inspect or audit to confirm the foregoing.
10.3 Termination by us: We may remove your knot dating Account as well as blacklist you from the Platform immediately if you use the Platform in contravention of these Terms or our Privacy Policy.
11. Electronic communication
11.1 You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements and other communications related to our Platform, information and other content and services. We will communicate with you by text messages, e-mail, through push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.
12. Survival
12.1 Sections 10 (Disclaimers), 11 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), 14 (Term and Termination), 16 (Grievance Officer), 17 (Survival), and 18 (General Provisions) shall survive the efflux of time and the termination of these Terms.
13. General provisions
13.1 Disputes: These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms and/or Platform (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Delhi. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast track arbitration provided under the Arbitration and Conciliation Act 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings unless otherwise stated in the award.
13.2 Assignment: You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favor, without any restriction.
13.3 Waiver: Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.
13.4 Severability: If any of these Terms is held to be illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.
13.5 Force Majeure: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control such as pandemics, epidemics, acts of God, civil war, embargoes, strikes, and events of similar nature which by their nature, scope and extent ought to be treated as ‘Force Majeure’ events etc. This condition does not affect your statutory rights.