Terms and Conditions

Loktantra Mediatech Private Limited (“Khul Ke” “us”, “we” “our” and “Company”) is the author and publisher of the website/mobile application of the Company i.e. Khul Ke. For the purposes of this Privacy Policy, “user(s)” or “you” refers to the viewer/ user of the Services.

Please read the Terms, and the privacy policy available at Privacy Policy(“Privacy Policy”) carefully and in full before, you decide to use or access the website or the applications to avail the Services made available by us.

Who We Are

The Company is involved in providing and facilitating the usage of various digital services including but not limited to use of the Company’s website, email notifications, mobile application, social / professional media platforms, widgets, ads and other covered services (collectively, the “Services”). Availing these Services will enable you to share any information in the form of text, messages (except messages that are end to end encrypted (i.e. data translated into another form, or code, so that only people with access to a secret key (formally called a decryption key) or password can read it)), links, graphics, photos, audio, videos and documents (including but not limited to doc, pdf, txt, xls, ppts)or host live events, discussions, sessions, meetings by using the Company’s platforms or mobile application (collectively referred to as “Content”).

By using these Services, you agree to be bound by these terms of use (“Terms”).

If you are accepting these Terms and using these Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. Khul Ke reserves the right to seek additional documentation should the need arise.

This information provided under the Services is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation of that jurisdiction. The Services shall not be considered as communicating any invitation or inducement to engage in any activity outside any jurisdiction where the Company is not licensed or authorized to perform such activities and the User acknowledges and understands the same.

You are responsible for your use of the Services and for any Content you provide, including compliances with applicable laws, rules and regulations. You should only provide such Content that you are comfortable sharing with others

Eligibility

You (“you” or “User”) may use these Services only if you confirm that you are not a person barred from receiving Services under the laws of the applicable jurisdiction. The information provided under the website/mobile applications is available to you solely for the purposes of information and not for any commercial usage, unless otherwise agreed between the concerned persons.

Your Account

(a) You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use

(b) For creating an account, please provide accurate data in relation to your first and last name, username, password and an email address or phone number. If you change any of the above information, please update it using our in-app change number and email ID feature. By agreeing to these Terms, you agree to receive emails, text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

(c) You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

Minors

Some of our Content and Services are not suitable for children under the age of 18 or such greater age required in your country. You must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). If parent or guardian discover that a minor in their family (according to applicable laws) has provided the Company with personal information without parental or guardian consent, the parent or guardian should contact us to remove the relevant personal information and unsubscribe the minor. If we become aware that personal information has been collected from a person under the age of 18 without parental or guardian consent, we will delete this personal information and, terminate the minor’s account.

Software Updates

You must provide certain devices, software, and data in connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Address Book

You may consent to providing us the phone numbers in your mobile phone address book if you wish to allow our Services to connect with your friends / contacts or to invite them to use our Services. You may enable / disable this access by turning on/ off the phone address book access button under Settings of your device. If you wish to share such information with us, you confirm you are authorized to provide us such numbers to allow us to provide our Services.

General Usage and Storage

You agree that the Company may establish general practices and limits regarding use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Company's servers on your behalf. You acknowledge that the Company has no responsibility or liability for any data or other information maintained or uploaded by the Service being deleted or not being stored. You understand that the Company maintains the right to close accounts that have been inactive for a long time.

Security of the User Account

You are solely responsible for any and all activities that occur under your passcode or account, if any, and for preserving the confidentiality of your passcode and account. You are also responsible for keeping your device safe and secure. You undertake to immediately alert us of any unauthorized use of your passcode or account, as well as any other security breach, and to ensure that you exit from your account at the conclusion of each session when using the Service on devices that you do not trust. The Company will not be held liable for any loss or damage incurred as a result of your failure to comply with this term.

Availability of Our Services

(a) not all the Services are available in all geographical locations served by the Company.

(b) we may modify or discontinue any Services, any information or features that form a part of the Services, at any time, with or without giving any notice to you, and there shall lie no liability on the Company for doing the same.

(c) the Company reserves the right to terminate any Service or Content for any suspected violation of the rules, regulations, orders, directions, notifications issued by any statutory authority from time to time or for any violation of the Terms mentioned herein applicable in that relevant jurisdiction.

What is expected of you?

Khul Ke encourages you to express yourself freely and safely on our platform. However, we recognise that the internet creates new and increased opportunities for abuse. For this reason, we limit any expression that incites / amounts to a threat, violence, child abuse, terrorism, sexual exploitation, harassment, hateful conduct, suicide/ self harm, graphic violence, adult content, illegal goods and services, non-consensual private information or nudity, spam, impersonation, content infringing intellectual property of another. You may read more about appropriate use and our community guidelines at Community Guidelines.

Restricted Usage

You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our Users, or others, including that you must not directly or through automated means:

(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;

(b) send, store, or transmit viruses or other harmful computer code through or onto our Services;

(d) interfere with or disrupt the integrity or performance of our Services;

(e) create accounts for our Services through unauthorized or automated means;

(f) collect the information of or about our users in any impermissible or unauthorized manner;

(g) sell, resell, rent, or charge for our Services; or

(h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Personal Information and Privacy Policy

You hereby consent, express and agree that you have read and fully understand the Privacy Policy available at Privacy Policy. You further state that the terms and contents of such Privacy Policy are acceptable to you. By submitting data to us or our employees or our agent(s) or by using the Services, you consent to our use of such data, in the manner set out under the Privacy Policy and agree to be communicated by us to facilitate your usage of our Services. You further understand and agree that:

(a) Personal information provided by you while using our Services is provided voluntarily.

(b) The personal information, if any, provided by you will be used as prescribed under the Privacy Policy.

(c) You are completely informed that Company accesses your personal information collected from you in order to process, analyze, compile and exploit such data, within the framework of the Privacy Policy.

(d) You permit us to disclose your information to service providers, with whom we have a contractual relationship, who help with our business operations and Services.

(e) If required, we may transmit such data at the legal request of a duly recognized Indian law enforcement and Indian governmental agencies.

Disclaimers

(a) Any usage or reliance on any Content or material posted via the usage of the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

(b) We do not represent or warrant that (i) the Services available meet your requirements, (ii) access to the Services will not be interrupted, (iii) there will be no delays, failures, errors or omissions or loss of transmitted information, (iv) no viruses or other contaminating or destructive properties will be transmitted or (v) no damage will occur to your computer system or mobile phone or tablet or any other system. You have sole responsibility for adequate protection and back up of your data and/or equipment and for undertaking reasonable and appropriate precautions to scan for system viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used in connection with the Website.

(c) You further confirm that you have read, understood and agree to be bound by the Disclaimers available at Disclaimers, before using our Services.

Intellectual Property

Trademarks

(a) The User has no right to use or copy any of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of the Company or any other person as displayed on this website / mobile application.

(b) The Content and information delivered to you in connection with your use of our Services is the property of Company and any other third party (where applicable). The trademark, tradenames and logos (the "Trademarks") that are used and displayed on our website / mobile application include registered and unregistered Trademarks belonging to the Company and other third parties.

(c) Nothing on our Services should be construed as granting any license or right to use any Trademark displayed during usage of our Services. We retain all proprietary rights of the Trademarks on our website/mobile application. Users are prohibited from using the same without written permission of the Company or such other parties.

(d) The Company gives you a personal, worldwide, royalty-free, non-assignable and nonexclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.

(e) The materials on the website/mobile application are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the Company’s prior written consent.

(f) The User hereby grants the Company a non-exclusive right and license to use User’s name and such of User’s trade names, trademarks, service marks and logos (“User’s Marks”) for the purposes of publishing advertisements on the website/mobile application in relation to the Services provided by the Company.

(a) You retain ownership rights in your Content. However, by using our Services, you grant certain rights to us and other users of the Service, as described below.

(b) License to the Company: By providing Content to the Service, you grant us worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). We may only use that Content in connection with the Service and our (and our successors’ and affiliates’) business, including for the purpose of promoting, advertising and redistributing part or all of the Service, either directly or through third parties.

(c) License to Other Users: You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service including for commercial purpose

(d) Duration of License: The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted.

(e) Right to Monetize: You grant us the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). These Terms or your use of our Service does not automatically entitle you to any payments.

User’s Voluntary Suggestions

(a) Some of the features of the Services found on the website / mobile application may allow the User to view, post, publish, share ideas, opinions, recommendations, feedback or advice (“User Feedback”). By providing User Feedback to the Company via any method, User hereby grants the Company the right to use and disclose any User Feedback on the Website for lawful purposes.

(b) In no event shall the User or anyone else be entitled to any compensation or acknowledgement for Company’s use of any User Feedback. User’s provision of User Feedback is entirely voluntary and will not create any obligation on part of the Company.

Service interruptions

(a) Due to the nature of the internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. The Company is not liable for malfunctions in communications facilities which are not under its control that may affect the accuracy or timeliness of messages and transactions you send; and

(b) E-mail messages sent to Company over the internet cannot be guaranteed to be completely secure. The Company is not responsible for any damages incurred by Users if they send a message to the Company or its affiliates, or if the Company or its affiliates send a message to them at their request, over the internet. The Company is not responsible in any way for direct, indirect, special or consequential damages arising out of the use of the Website

Third Parties: Distribution and Hyperlinks

(a) The website / mobile application may provide hyperlinks to other locations or websites on the internet. These hyperlinks may lead to websites / mobile application published or operated by third parties, who are not affiliated with or in any way related to the Company. They have been included on our websites / mobile application to enhance your user experience and are presented for information purposes only. We endeavor to select reputable websites and sources of information for your convenience. Please be mindful that when you click on a link and leave our websites / mobile application you will be subject to the terms of use and privacy policies of the other websites that you are going to visit.

(b) The display on the websites/mobile application of any products or services offered by third parties does not in any way suggest that the Company approves, endorses, recommends, guarantees or introduces any of these third parties or products or extends any advice to the User about these third parties or their products.

(c) We are not in any way responsible for the content of any externally linked website or webpage. You use or follow these links at your own risk and the Company is not responsible for any damages or losses incurred or suffered by you arising out of or in connection with your use of the links. The Company is not a party to any contractual arrangements entered into between you and the provider of the external website unless otherwise expressly specified or agreed to by Company.

(d) Company reserves the right to object to or disable any external links shared by you on any of our platforms.

(e) The Company provides software programs through the Apple App Store, Google Play Store, and other distribution channels (collectively, "Distribution Channels"). If you receive the Software through a Distribution Channel, you may be subject to the Distribution Channel's additional terms. The Distribution Channel is not a party to these Terms of Service; they are solely between you and us. If you use any other third-party products or services in conjunction with your use of our Services, you agree to abide by the applicable terms of any agreement for those third-party products and services.

Liability

(a) All Content on our Services is a resource for information purposes only. Company makes no endorsement of, is not responsible for and makes no representations or warranties with respect to the Content, other information, websites or entities. Service is intended, but not warranted, promised or guaranteed, to be correct, complete, and up-to-date. The Company expressly disclaims and will not be liable for any act or omission or any consequence of any act or omission by the User relying on material / information provided in the websites/mobile application or any Service provided by the Company.

(b) Whilst every care has been taken in preparing the information materials contained in the websites/mobile application, such information and materials are provided "as is" without warranty of any kind, either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials. The Company assumes no liability for the interpretation and/or use of the information contained or referred to on the websites/mobile application or any Service provided by the Company.

(c) User agrees that the content they access on websites / mobile application or any Service provided by the Company does not in any way constitute any advice and the User agrees that the responsibility for any act or omission by the User arising from the User’s interpretation of the said content, is solely attributable to the User. The User agrees to absolve the Company from and indemnify Company against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of the content on the websites / mobile application or any Service provided by the Company.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim.

Take Down Policy and Suspension of Account

(a) If we reasonably believe that any Content is in breach of these Terms or may cause harm to us, our users, or third parties, we may remove or take down that Content in our discretion.

(b) If you believe that any Content is in breach of these Terms or may cause harm to us, our users, or third parties, you may report the same to us. To read more about our Take Down Policy, please click here.

(c) The Company reserves the right at any time and without notice to suspend, terminate or restrict the User's access to the entire or to any section of the websites/mobile application or any Service provided by the Company. The Company may terminate your rights under the Terms, at its sole and absolute discretion. Further your rights under these Terms, terminate automatically, without notice to you, if you are in breach of any of these Terms.

(d) In the event of violation of any applicable laws by the User, necessary legal action will be taken against such User, in accordance with applicable laws.

Variation