We at TukTak, its affiliates,
subsidiaries, successors in interest, (Company, we, our, us ), own, manage and operate the application TukTak (as
defined below and referred to as Application). The
Company provides you with the Application, the associated
customized services which include but are not limited to
providing you with a micro-blogging platform, provision of
content, and access to content which is created and uploaded
by users on the Application (as defined below and referred to
as Content) as sought to be accessed by you
(Services). These Terms of Use (Terms) govern
your access to and use of our Services, which includes the
website, the associated mobile application, SMS, APIs, e-mail
notifications and any Content available on the Services in
whichever form and format capable of communication.
By accessing, downloading, using our Services, you agree to be
bound by these Terms, and you further explicitly consent to
our Privacy Policy
TukTak App - Privacy Policy, the Community Guidelines
. We urge you to access, review and familiarize yourself with
these Terms periodically, for your continued use of the
Services, will constitute in your consent and agreement to
these Terms.
In the event the Terms are not agreeable to you, we request
you to desist from accessing, downloading, using the Services
in any manner, whatsoever.
For ease of reference, we are defining certain terms as below
which will be used throughout the Terms and associated
policies.
Application shall mean and include the software and
mobile application of TukTak accessed through or downloaded from
the app store viz., Android or iOS, and accessible from any
compatible device.
Content means and includes, without limitation, any
information, data, text, pictures, audio, video, GIFs, polls,
user profiles, software, tags, graphics, and interactive
features generated, provided, or otherwise made accessible
either by you or other users or by us or our partners or
sponsors on or through the Service/s.
TukTak shall mean any post by a registered user on the
Application.
You or User shall mean any registered user of
the Application. If you are accepting these Terms and using
the Services on behalf of any juristic entity or any other
person, you represent and warrant that you are authorized to
do so and have the authority to bind such entity or person to
these Terms, in which case the words “you” and “your” as used
in these Terms shall refer to such entity or person
irrevocably. .
1. ACCESS TO AND CONTINUED USE OF SERVICES
1.1. You should have attained the age of majority in
your jurisdiction to be able to use and access our Services.
The Application has the right to terminate your account,
wherein the User is found to be defaulting on this condition,
or where we find that you are barred in law from access to our
Services.
1.2. You are responsible for your use of our Services,
and undertake to comply with the applicable laws, and act in
strict adherence to our Terms, Privacy Policy and Community
Guidelines, as well.
1.3. You may access our Services free of charge, or in
any such manner which is determined by the Company and is
conveyed to you from time to time.
1.4. The Services provided to you are for your
personal and non-commercial purposes only and should not be
shared with individuals in violation of these Terms and allied
policies.
1.5. You are responsible for safeguarding your account
and you agree not to disclose your password to any third
party. You agree that you will be solely responsible for any
activities or actions taken under your password, irrespective
of whether you have authorized such activities or actions. You
will immediately notify the Company of any unauthorized use of
your password or your account, upon becoming aware of any such
discrepancy. .
1.6. The Company further reserves the right to
restrict circulation of any content if the said content
violates the Community Guidelines of the App.
>. The Company may also suspend or terminate your account for
such violation. Please refer to our other policies on how we
moderate content.
1.7. The Company is committed to safeguarding the
efficiency of the Application. For that reason, we reserve the
right to make changes to the Application for maintenance at
any time. If such situations cause an interruption of your
Services for a reasonable duration, we shall not bear any
liability to you and/or to any third parties. We will make
attempts on a best-efforts basis to let you beware of any
scheduled maintenance to such extent as is possible.
1.8. You agree not to: circumvent, remove, degrade,
deactivate, or thwart any of the Contents of our Service; use
any robot, spider, scraper, or other means to access our
Service. You also agree not to decompile, reverse engineer,
and disassemble any software or other products or processes
accessible through our Service. Additionally, you agree not to
upload, post, e-mail or otherwise send or transmit any
material designed to interrupt, destroy, or limit the
functionality of our Service. We may terminate or restrict
your use of our Service if you violate these Terms or are
engaged in any illegal or fraudulent or unethical or
unwarranted or otherwise malicious use of our Service.
1.9. You agree not to use the accounts of other Users,
disparage other accounts, or indulge in any activity which
violates the Community Guidelines.
1.10. We do not claim ownership of your content that
you post on or through the Service. By submitting, posting,
displaying, or communicating Content on or through our
Services, you hereby grant to us a non-exclusive,
royalty-free, transferable, sub-licensable, worldwide license
to host, use, distribute, modify, run, copy, reproduce,
process, such Content across all formats, media now known, or
which may come into existence later. You represent and warrant
that you have, or have obtained, all rights, licenses,
necessary authorizations required to grant the rights granted
herein for any Content that you submit, or post, or display,
or communicate through our Services and such Content is not
subject to copyright or other proprietary rights of third
parties unless you are legally entitled to post such Content
through necessary permission or otherwise..
1.11. We do not undertake any obligation to monitor
user generated content, except to the extent required by law.
We are an intermediary that primarily enables online
interaction between two or more users and allows them to
create, upload, share, disseminate, modify or access
information using TukTak's services. While TukTak supports valid and
legitimate claims of intellectual property ownership, it does
not adjudicate any claims. In the first instance, parties must
resolve any disputes relating to intellectual property amongst
themselves or through legal process, before reporting to TukTak.
If you believe that someone is violating your or anyone else's
intellectual property, you may report it by emailing to [email protected]
>. Please ensure that you submit complete details of the
violation and ownership of the intellectual property in order
for us to process the report. Such reports will typically be
processed within 48 hours. Orders or directions of courts or
legal authorities will be honoured on priority. The contents
of a report (including any attachment) and the reporter's
email address will be provided to the person who posted the
contested content along with a request to respond to the claim
within 36 hours. If no response is received within the
specified time, or, if in the sole discretion of TukTak, either
the report or the response are unsatisfactory, TukTak will take
such action as it deems fit. Please note that TukTak is acting on
a best efforts basis and accepts no responsibility for any
actions taken by it. Any assertion or adjudication of legal
rights must be carried out through legal process. Any abuse of
this process may lead to termination of your user account
and/or other legal consequences. Please do not hesitate to
seek your own legal advice before filing or contesting any
report for intellectual property violation.
1.12. We reserve the right to update, modify, alter,
amend, these Terms at any time, at our sole discretion.
1.13. We do not endorse, support, represent, authorize
the circulation of all Content published on our Application,
and we do not further attest to the accuracy, originality,
reliability, legitimacy, completeness, of such Content, as
available on our Services.
1.14.
All the Content that is available on the Application is the
sole responsibility of the originator of the Content. Your use
or reliance on any Content while availing the Services is
solely at your own risk. As a User, you may come across
Content which you may construe to be offensive, harmful,
misleading, inaccurate, or inappropriate. We impress upon you
that we may not always monitor or control the Content
accessible on the Services, and as an intermediary we cannot
assume responsibility for such Content. Please use the Report
TukTak or Report User button within the TukTak App to record your
reactions or contact the Grievance Officer as stated below. We
may be required to remove Content if such Content is violative
of established and universal legal principles or is spammy or
if such Content is violative of applicable law. In this
connection, we shall abide by binding directions of legal
authorities as and when they are made. If you have obtained a
legal order for removal of any Content please furnish the same
via this
form. While we will endeavor to do so, in complying with legal
directions or in other compelling circumstances, it may not
always be possible to immediately notify you of an action
taken on our part. You may appeal against any action taken to
the Grievance Officer whose details are provided below.
1.15. We give you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software
provided to you as part of the Services.
1.16.
The Services made available to you are protected by copyright,
trademark, and other laws. Nothing in these Terms gives you
the right to use our trademarks, logos, domain names, other
distinctive brand features, and other proprietary rights. All
right, title, and interest in and to the Services (excluding
Content provided by users) are and will remain the exclusive
property of the Company and its licensors.
1.17.
Any feedback, comments, or suggestions you may provide
regarding the Services is entirely voluntary, and we will be
free to use such feedback, comments, or suggestions as we see
fit and without any obligation to you.
2. SERVICES
The Application provides you with the ability to:
2.1. Create and maintain your own profile on the
Application after registration.
2.2. Share your Content; re-share Content shared by
others; connect, follow and communicate with other Users.
2.3. Remove, edit, modify your own posts, and comments
made on your’s or others’ posts.
2.4. Control your own privacy, as per the Privacy
Policy of the Company, right from your own account. This gives
you the ability to determine which other Users can view your
profile and/or any other Content uploaded by you on the
Application. From time to time we may introduce additional
features which will assist you in safeguarding your privacy
3. REGISTRATION AND ACCOUNT INTEGRITY
3.1 We provide you with a free account, however, you
are required to be registered with us, to avail full
functionalities of our Services.
3.2 As part of the registration process for creating
your account, you will need to provide us with your phone
number and/or email address, (which will be verified via a
one-time password verification mechanism). You can then create
an account username/handle and password for yourself. You must
use original and distinct credentials to create an account on
our App, which do not infringe any applicable laws and
third-party rights. Username/handles must not contain
derogatory, demeaning or misleading language or messages or
identity or images.
3.3 You undertake that the information you provide to
us is accurate, secure, and is not misleading. For all intents
and purposes User accounts and handles are the property of the
Company and have been licensed for use to you in accordance
with these Terms. Usernames or handles cannot be sold or
commercially dealt with in any manner.
3.4 Please note that if a username has been used by a
verified user on another platform, in order to avoid risk of
impersonation, the username will not be allotted to anyone
else and, if already allotted, may be cancelled at the
discretion of TukTak without any notice.
3.5 We reserve the right to suspend or terminate any
account, with or without notice, if you are in breach of these
Terms.
3.6 In case of any discrepancy in access to your
account, please reach out to us as per the account terms.
4. THIRD PARTY SERVICES
4.1 You note that during your usage of our Services,
Company can place advertisement or other types of commercial
information on the Application. You also agree to receive
advertisement or other relevant commercial information from us
via e-mail or other authorized means. The Company may provide
its Users with links to, or contact information for,
third-party sites or services. Please note that we do not
control such third-party websites, and their interactions with
you. We have not reviewed, and do not review, all the
material, including goods or services, made available through
third-party sites. We therefore urge you to kindly make an
informed choice in interacting with such third-party sites and
ensure that you are familiar with the policies of such sites
before you proceed with engaging, interacting, with such
third-party sites.
4.2 The Company is not responsible for, and does not
endorse, any third-party content, sites, or services mentioned
on the Application. Third party materials accessed through or
used by means of the third-party sites may also be protected
by copyright and other intellectual property laws.
5. RULES AND CONDUCT
5.1 Without foregoing the responsibilities ascribed to
you under these Terms, and without foregoing the generality of
the Community Guidelines, and allied policies, you are
prohibited from publishing any Content which:
i. may be harmful to minors or children, including any
sexually explicit, abusive content. We have a zero-tolerance
policy against child sexual abuse content; and/ or, ,
ii. threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign states
or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or
is insulting any other nation; and/ or,
iii. iis invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating, or
encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever; and/ or,
iv. infringes on any third party’s rights, including
copyright, trademark, privacy, and publicity rights, and any
other protected subject matter; and/ or,
v. may be deemed as capitalizing on or lacking reasonable
sensitivity towards a natural disaster, atrocity, conflict,
death, or other tragic event; and/ or,
vi. 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/ or,
vii. depicts content, which is sexually explicit (pornographic
or erotic content, including icons, titles, or descriptions),
violent in nature, abusive, and grossly harmful.
viii. is in violation of applicable law.
5.2 The Company shall, upon obtaining knowledge by
itself or having been brought to actual knowledge by an
affected person in writing or through email, about any such
information as mentioned above, be entitled to disable such
information that is in contravention of this clause. We shall
also be entitled to preserve such information and associated
records for at least 180 (one hundred eighty) days for
production to governmental authorities for investigation
purposes.
6. SUPPORT
6.1 The Company offers email based, and online support
tools. You may access support resources or contact our support
by emailing at [email protected]
Under certain exceptional circumstances, we may also request
you to reach out to other authorized, appointed contact
persons for resolution of your queries or support requests.
The Company does not make any promises regarding how quickly
we will respond to your request for support, or that we will
be able to fix any problems you may be having. Any suggestions
by the Company regarding use of the Services shall not be
construed as a warranty.
6.2 We are an intermediary enabling online interaction
between two or more users and allowing them to create, upload,
share, disseminate, modify or access information using our
services. TukTak does not undertake any obligation to monitor
user generated content, except where specifically mandated
under applicable law. Resolution of grievances or disputes or
claims relating to violation of legal or personal or public or
community rights (collectively known as grievances) is solely
within the domain of legal or judicial authorities. We do not
adjudicate any personal grievances.
6.3 If a TukTak or its contents are contested or
disputed, reporters have the option to use the "Report TukTak" or
"Report User" option within the TukTak App. Reporters may also
submit to TukTak, orders from judicial or other authorities to
take down any contested or disputed content at this
. Such
orders will be acted upon on a priority basis. A Grievance
Redressal Process in accordance with applicable law has been
created and is available on the
Compliance page on our website.
7. TERMINATION
7.1. The Company reserves the right to suspend or
terminate your access to the Application and the Services with
or without notice and to exercise any other remedy available
under law, in cases where:
i. You are in breach of any terms and conditions of
these Terms;
ii. The Company is unable to verify or authenticate any
information provided to Company by you;
iii. The Company has reasonable grounds for suspecting
any illegal, fraudulent, or abusive activity on your part;
iv. The Company believes in its sole discretion that
your actions may cause legal liability for you, other Users or
for the Company, or are contrary to the interests of the
Application or the Company; or.
v. directed by law enforcement.
7.2.
Once temporarily or permanently suspended, or terminated, the
User may not continue to use the Application under the same
account, a different account or re-register under a new
account, unless approved by the Company. On termination of an
account due to the reasons mentioned herein, such User shall
no longer have access to Content by such User on the
Application , to the extent permissible in law.
7.3. The User has the provision to appeal the
suspension or termination of the account by contacting [email protected]
7.4. All provisions of these Terms, which by their
nature should survive termination, shall survive termination,
including, without limitation, disclaimers, indemnity, and
limitations of liability.
8. DISCLAIMER
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS
PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF
TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE
SERVICE IS SOLELY AT YOUR OWN RISK. THE COMPANY AND ITS
DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS DO NOT WARRANT
THAT:
(I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; OR,
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR,
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE
SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR,
(IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR
REQUIREMENTS.
9. INDEMNITY
9.1 You shall defend, indemnify, and hold harmless the
Company, its affiliates, subsidiaries, joint venture partners
and each of its, and its affiliates, subsidiaries, join
venture partners’ employees, contractors, directors, suppliers
and representatives from all liabilities, losses, claims, and
expenses, including reasonable attorneys’ fees, that arise
from or relate to:
i. Your use or misuse of, or access to, the Service;
or,
ii. Your violation of the Terms of Use or any
applicable law, contract, policy, regulation or other
obligation. We reserve the right to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by You, in which event You will assist and
cooperate with us in connection therewith.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS,
PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR
RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY,
NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT
TO THE SERVICE:
(I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR
OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
(II) FOR YOUR RELIANCE ON THE SERVICE;
(III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF
THE INR 10,000/- (in case of India) and USD 150 (in case of
countries other than India);
(IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL,
EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF
THE AFOREMENTIONED DAMAGES.
11. GOVERNING LAW
This Agreement shall be governed by and construed in
accordance with the laws of your country provided the
Application is available and operated under a locally
registered legal entity in your country, without regard to the
conflict of laws provisions thereof. All claims, differences
and disputes arising under or in connection with or in
relation hereto the Application or Services, the Terms or any
transactions entered into on or through the Application or
Services shall be subject to the exclusive jurisdiction of the
courts at Bengaluru, India and You hereby accede to and accept
the jurisdiction of such courts.
12. MISCELLANEOUS
12.1 In the event that any provision of these Terms is
held to be invalid or unenforceable, then that provision will
be limited or eliminated to the minimum extent necessary, and
the validity, legality, and enforceability of the remaining
provisions shall remain in full force and effect.
14. REFERENCE
14.1 If you have any questions regarding the Service,
please contact TukTak at [email protected]
Please note that for the purpose of validation, you shall be
required to provide information (including, but not limited to
your email address, contact number, or, registered mobile
number, etc.) for the purpose of sufficient identification,
and authentication, and taking Your service request. Please
refer to our
Privacy Policy on how
we deal with information.
15. CHANGES
15.1. We may from time to time change these Terms of
Use. We may assign or transfer our agreement with you
including our associated rights and obligations at any time
and you agree to cooperate with us in connection with such an
assignment or transfer. We recommend that you periodically
check this page for any revised terms. Your continued use of
the Services will be deemed to constitute your acceptance of
all such revised terms.
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