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This ‘Terms of Use’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Use and Privacy Policy for access or usage of a website. This Terms of Use agreement (the “Agreement“) governs your use of this the Taken app https://www.taken.today/ (the “App“). The App is owned and operated by Taken App Private Limited, a limited liability company incorporated under the [Indian] Companies Act, 2013 and having its registered office at 5th Cross, 30th Main, HSR Layout, 1st Sector, Bangalore, Karnataka 560 102 (the “Company”). The Company reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the App.
The modified Agreement would be effective from the date of modification that is posted by the Company on the App. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the App.
1. TERMS
Terms of Offer. The App operates a platform for users (the “Users”) to combat loneliness, and connect and interact with other Users by sharing their mutual interests. The App also enables Users to connect with other Users after a mutual, two-way consent (“a catch”) for dating (the “Services”).
Proprietary Rights. The Company has proprietary rights in the App and you may not copy or reproduce the App or any of its components in any manner. The Company also has rights to all trademarks and trade dress and specific layouts of every page of the App, including calls to action, text placement, images, proprietary algorithm, logic and community feedback and other information.
License to Company. By using the Services, you grant the Company a limited, worldwide, non-transferable, non-exclusive, non-sub licensable, royalty-free license to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of your data solely in order to enable you to use the Services. The Company shall have no right to use your data for any other purpose other than as specifically disclosed in these Terms or the Privacy Policy.
The Company grants you a limited sub-license to access and make personal use of the App, but not to download (other than page caching or mobile app but from Apple Store and Play Store only) or modify it, or any portion of it, except with express written consent of the Company.
Taxes. You shall be responsible for the payment of any tax that accrues to you under applicable law as a result of your use of the App.
2. THE SERVICES
This Agreement and the Services provided by the App are available to any person over the age of eighteen (18) years who registers on the App in the manner provided herein. Persons below the age of eighteen (18) shall not be entitled to use the App or the Services.
All Users have to register and login for using the App. You must keep your account and registration details current and correct for communications related to you using the App. By agreeing to the Terms of Use, the User agrees to receive promotional communication and newsletters from the Company and its partners. The User can opt out from such communication and/or newsletters either by unsubscribing on the App itself, or by writing to [support@taken.today].
3. PAYMENTS AND REFUNDS
The App follows a freemium model with Users who make purchases getting access to some exclusive features over and above the various features and possibilities Users can experience on the free, universal version too.
As a general rule, all payments made for the use of the Service is not refundable. We may make an exception on a case to case basis, if we believe that a genuine grievance exists.
4. PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE
The User shall read and understand the Privacy Policy available at [https://www.taken.today/privacy-policy/], so as to ensure that he or she has the knowledge of, (i) certain information that may be collected by the App; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information etc.
Safety; Your Interaction with other Users.
Though we do our best to ensure respectful conduct amongst the Users of the App through features like photo, email id and phone number verification, by allowing members to share pictures and chats only after they have matched with each other, moderation of content, grievance redressal procedure etc. we are not responsible for the conduct of any User either on or off the App. You agree to use caution in all interactions with other Users, particularly if you decide to connect off the App or meet in person.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF OUR USERS.
The Company is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the App. The User shall be responsible for maintaining the confidentiality of his/her account access information and password, and the User shall be held solely liable for all usage of his/her user account and password, whether or not authorized by him/her. The User shall be obligated to intimate the Company regarding any misuse or suspected misuse of his/her user Account information.
Where a User provides information that is not authentic or is incomplete, the Company may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.
Each User represents and warrants to the Company that the content uploaded by them on the App shall not infringe the intellectual property rights of any person.
5. HOUSE RULES FOR USE OF THE SERVICE
While using the Service, you agree that you will not:
We have the right to investigate and/or terminate your account without a refund of any payments made purchases if you have violated these Terms, misused the Service or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on or off the App. We also reserve the rights to report to the appropriate authorities any criminal activity that a User may engage with another User, in on or off the App.
6. DATING SAFETY GUIDELINES
We would encourage you to comply with these basic safety guidelines while using the Services.
7. REPORTING
We encourage you to speak up and speak out. If someone is causing you harm, making you feel uncomfortable, or is violating our guidelines for the use of the App–report it to us at [lsupport@taken.today]. Your report is always confidential. By reporting, you can help us stop harmful behavior and protect others.
You can (and should) report harmful users and behaviour inside the app! That way, we
8. THE WEBSITE AND THE SERVICES
Content; Intellectual Property; Third Party Links. In addition to providing the Services as stated above, the App may also offer other information related to the Services either directly or through indirectly through links to third-party websites. The Company may not be the sole owner of all the information that is made available on the App. The proprietary rights to all information that is created by the Company and made available on the App shall belong to the Company alone. Unauthorized use of any content or material that is available on the App may violate intellectual property rights of other parties. You shall use the content on this App only for personal, non-commercial use. Any links to third-party websites that are provided on the App are for convenience and does not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.
The App shall not be used by you for any illegal or unlawful purpose. Your use of the App shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the App by other Users or Users, and you shall not engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.
By using this App, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the App in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).
Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the App. The Company does not have the ability to control User/User-generated content on the App. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the App that it considers objectionable or inappropriate.
9. RESTRICTIONS ON USE
You not host, display, upload, modify, publish, transmit, update or share any information that:
The Company retains the right to remove from the App any content that contravenes any of the above conditions.
10. DISCLAIMER OF WARRANTIES
Other than as expressly set forth herein, the Services are provided “AS IS” and “AS AVAILABLE” and without warranty of any kind. You agree that your use of the Services is at your risk. THE COMPANY MAKES NO WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY OR NONINFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY COMPANY AND WAIVED BY YOU. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE OPERATION OF THE SERVICES, THE OUTPUT OF THE SERVICES, OR THE RESULTS FROM THE SERVICES.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AGENTS OR EMPLOYEES, HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY OR CLAIMS OF THIRD PARTIES) RELATING TO THE SERVICES, HOWEVER CAUSED, INCLUDING DUE TO THE CONDUCT OF OR CONTENT POSTED BY OTHER USERS OF THE APP, WHETHER BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The aggregate liability of the Company to a User with respect to the App content and for the services and/or for any breach of this Agreement is limited to a value of [Rupees One Thousand Only (INR 1,000/-)].
Further, the Company makes no warranty:
12. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the App or otherwise disclosed, submitted or offered in connection with use of the App (collectively, the “Comments”) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the User in any way.
The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the App will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the App will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the App. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the App from a third party shall be at your sole risk and expense.
13. INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the App content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the App.
If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third party claim related to your use of any of the App. You shall notify the Company of any third party legal proceeding that is initiated in relation to the App or the Services, to which legal proceeding you are a party.
14. PRIVACY
Please refer to the App Privacy Policy at [https://www.taken.today/privacy-policy/], incorporated by reference herein, for information on the policy of the Company with respect to personal and sensitive information that is provided by the Users to the App.
15. REDRESSAL OF GRIEVANCES
If you have any questions or grievances regarding the App, or the contents thereof, you may reach out to the Company’s customer support at [support@taken.today] (the “Grievance Officer”). The Grievance Officer shall acknowledge a complaint or grievance that is raised by a User within 24 hours from its receipt, and address such complaint or grievance within a period of one 15 days from when it is raised.
16. USE OUTSIDE INDIA
Although the App may be accessible worldwide, the Company makes no representation that materials on the App are appropriate or available for use in locations outside India or that the App complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the App from territories where the content of the App and/or the provision of the Services is deemed illegal is prohibited. Users accessing the App from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the App is void where prohibited.
17. MISCELLANEOUS PROVISIONS
Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, pandemic, labor strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the App.
Entire Agreement. This Agreement along with the Privacy Policy comprises the entire agreement between you and the Company with respect to the use of the App.
No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:
Notice to the Company:
support@taken.today
Notice to User:
At the email address provided by you at the time of registration on the App.
Governing Laws and Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:
This App originates from the State of Karnataka in India. This Agreement will be governed by the laws that are applicable in the State of Karnataka. By using this App, you consent to the jurisdiction and venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Termination
The Company may terminate your access to the App without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Besides termination, the Company may also take any one or more of the following actions against Users who act in breach of their obligations hereof:
