These website terms and conditions of use and service (“Terms”) contained herein on
this
webpage is a legal agreement between you (“you”, “User”) and Dukka Inc. (“Dukka App”
“we”, “our” or “us”). These Terms shall govern your access to and use of our
services
which include the use of our Platform and other products and services (collectively
referred to as the “Services”).
These Terms apply in full force and effect to your use of the Services and by using
any
of the Services, you expressly accept all terms and conditions contained herein in
full
and without limitation or qualification, including our Data Protection and Privacy
Policy. We oblige you therefore to thoroughly read these Terms carefully before
agreeing
to be bound by it. You must not use any of the Services, if you have any objection
to
any of these Terms.
By signing on to use our Services, you are warranting that you are not a person barred from receiving services under the laws of the applicable jurisdiction.
Our Services are directed to people from the ages of 18 and above. You are only permitted to use the Services if you are aged 18 or older. We do not knowingly engage people younger than the age of 18. If as a parent or guardian, you become aware that your child or ward child has provided us with any information without your consent, please contact us through the details provided in these Terms.
You also agree to maintain the security of your details and account and promptly notify us if you discover or suspect that someone has accessed your account without your authorization. Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your details or otherwise under your account
Unless otherwise stated, we own the intellectual property rights and
materials our Site. All text, formatting (including without limitation the
arrangement of materials on our website and the graphics, animation, tools,
commercials, music, video, articles, sound, copy, trade names, logos and
other materials and information on the website are subject to our and/or our
licensors and licensee’s intellectual property rights. We do not grant you
any right, license, title or interest to any of our intellectual property
rights which you may or may not have access to.
This content may not be copied, reverse engineered, decompiled,
disassembles, modified or reposted to other websites. Nothing on our Site
should be construed as granting by implication or otherwise, any license or
right to use any trademark displayed on our website without our written
permission or that of such third party that may own the trademark. You agree
to take such actions including executing all documents that may be needed to
further affirm our intellectual property rights.
WE TRY TO KEEP OUR WEBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE AND
SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. WE PROVIDE THE WEBSITE AND THE
CONTENT “AS IS'' WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND
(INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS).
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE MAKE NO WARRANTY THAT OUR WEBSITE, PLATFORM, PRODUCTS AND
SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE 100% FRAUD
OR FAIL PROOF, REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND
ERROR FREE. YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL
BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR
COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED
BY YOU FROM OUR WEBSITE, PLATFORM OR OUR SERVICES WILL CREATE ANY WARRANTY
OR CONDITION NOT EXPRESSLY STATED. WE WARRANT THAT WE SHALL USE OUR BEST
ENDEAVOURS TO ENSURE THAT THE SERVICE OPERATES OPTIMALLY AT ALL TIMES IN
ACCORDANCE WITH BEST INDUSTRY STANDARD.
UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING
DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL ,
BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER OR NOT WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH) ARISING OUT OF OUR WEBSITE OR
SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM
THE RESULT OF USE OF OUR WEBSITE, PLATFORM OR SERVICES) WHETHER SUCH DAMAGES
ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR
LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE
DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY BUT SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You hereby indemnify us and undertake to keep us, our staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms. You hereby undertake to indemnify and hold us harmless from and against any claim, suit or proceedings brought against us arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.
Under no circumstances shall we be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Without prejudice to other rights accruable to us under these Terms, any breach of these Terms will warrant our institution of such measures that we deem appropriate to deal with the breach, which may include but shall not be limited to suspending or prohibiting your access to and/or use of the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We reserve the right to update, modify, change or revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms which will always be on this page will continue to govern our relationship with you. We advise that you check this page often, referring to the date of the last modification on the page. We will also try to notify you of any material changes which could be done via email associated with your account or service notification. By continuing to use our Services after the changes become effective, you agree to be bound by the revised Terms.
All legal notices or demands to or upon us shall be made in writing and sent to us personally, by courier, certified mail, to our registered address on our site and our contact e-mail in the “Contact Us” clause below. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, or email to the last-known correspondence, fax or email address provided by the User. You agree that all agreements, notices, demands, disclosures and other communications that we send to you electronically satisfy the legal requirement that such communication should be in writing.
These Terms of Use shall be interpreted and governed by the laws currently in force in Delaware, United States of America. We shall try to settle all disputes amicably. Any dispute arising out of these Terms which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred exclusive jurisdiction of courts of the State of Delaware.
If you have any complaints, feedback and/or questions about us, our Services and/or these Terms, you may contact us at hello@dukka.com