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These Terms & Conditions are between LAVAAN LTD (the “Company,” “we,” “us,” or “our”) and you (“you,” “your,” or “yourself”). We are proud to provide online personals services for single Sikh adults to meet each other. These Terms & Conditions, combined with our Privacy Policy, form a legally binding Agreement between you and us (“Agreement”).
We are responsible for the content of this website. Our details are:
Lavaan Limited
167-169 Great Portland Street, 5th Floor
London, W1W 5PF
The Agreement, as it may be amended from time to time, applies to all users of any of our Services. If you become a Member, you will be able to access the Services associated with the Company product(s) for which you hold a Membership. If you meet certain requirements, the Company may, at its discretion, make your profile visible to Users of other Websites and Apps operated by the Company or group companies for which you do not have a Membership.
The Agreement also applies to your use of all features, widgets, plug-ins, applications, content, downloads, and/or other services that:
You are reminded to abide by all applicable laws. You also undertake not to use our Services for unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically offensive purposes (or for purposes which are otherwise objectionable). If you violate these Terms & Conditions, we may terminate your access to our Services.
In these Terms & Conditions:
i. “Apps” refers, individually and collectively, to each and all of the Mobile Apps, Desktop Apps, and Web Apps.
ii. “Desktop Apps” means the desktop applications published by the Company and which may be offered from time to time.
iii. “Member” means any person whose Membership has been accepted by the Company and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.
iv. “Membership” means your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership (and the relevant Company product for which you have a Membership).
v. “Mobile Apps” means the iOS application and the Android application or any other mobile/tablet device software applications published by the Company and which may be offered from time to time.
vi. “Privacy Policy” means the privacy policy available here, which combined with the Terms & Conditions represent the Agreement between you and the Company.
vii. “Services” means any and all of the services provided by the Company by any means (including, but not limited to, the Websites, the Apps, or any other technology).
viii. “Terms & Conditions” means these terms and conditions which, together with the Privacy Policy, represent the Agreement between you and the Company, as varied and as amended by the Company at its full discretion at any time and published on the Websites.
ix. “User” means any Member and/or Visitor.
x. “Visitor” means any person who browses the Services.
xi. “Web Apps” means the web applications published by the Company and which may be offered from time to time.
xii. “Website(s)” means, individually or collectively, the websites operated by the Company.
As the context may require, words in the singular may be read as the plural and the plural as the singular.
We explain what we do and don’t do with your data in our Privacy Policy. We do not encrypt your messages and chat logs; and we reserve the right to monitor those messages and other content for compliance with our Terms & Conditions (for example, where the content of your messages is reported for breaching our Terms & Conditions).
To access the Services, you must have an account. You must maintain, and are responsible for, the confidentiality of your login and password. You must provide us with a form of identification to verify your identity. The Services are only available to those who have passed our ID check and profile check. The Company requires all Users to undertake to abide by the Privacy Policy and these Terms & Conditions, including, in particular, by agreeing to the Code of Conduct at Section 6 below.
You may not use our Services if:
You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services. If you do not accept the Privacy Policy and these Terms & Conditions, you are not entitled to access our Services. If you:
We will take this as your acceptance of these Terms & Conditions and your agreement to their content. The Company reserves the right to offer admission to its Services in its full discretion. By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
Open Profile Visibility:
As part of our new business model, if your profile is migrated from the web app to the mobile app, your profile will be visible to all users under the free membership tier. If you do not wish for your profile to be shown openly, you must not accept these Terms & Conditions. Instead, you should cancel your subscription and delete your profile.
Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions. Each User irrevocably undertakes to refrain from:
Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users. We conduct regular inspections of the use of our Services, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publicly or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations or these Terms & Conditions. We may exclude or remove any User from its Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases.
You will sign up with your personal email address which becomes your username to log in; you will also receive email notifications to this email address. When you sign up, you will become a Member of the particular brand of the Services for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member without specific registration.
Your username and the password shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing. All Users undertake not to use another Member’s username or password, or any other personal information of another User. Any breach of these provisions may lead to the cancellation of a Member’s Membership, without prejudice to the liability incurred by the relevant Member due to the use of the username and/or password by another Member or third party. Each Member shall take care not to disclose strictly personal information. We will take any necessary measures to halt fraudulent behavior, including to prevent the prohibited sharing of usernames or passwords.
We reserve the option of removing:
Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software applications, etc.
You may purchase a paid Membership for one or more of the products offered by the Company. Your paid Membership will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member of those other Services without registering for it specifically. The price and payment procedures are permanently accessible on the website. All prices stated include all relevant local taxes. We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t canceled your contract according to these Terms & Conditions. If you do not pay any amount due pursuant to these Terms & Conditions, we reserve the right to suspend your access until such time as the outstanding payment is received or to terminate the contract without prior notice. The contract period shall remain unaffected by the temporary closure. We may, in accordance with applicable law, forward any debt in arrears for a reasonable period to an external collection agency for recovery. Debt recovery fees will be charged by the external collection agency on the overdue account balance. In accordance with applicable law, you may be charged 10% of the overdue account balance as an expense for debt recovery. You are entitled to prove that the account balance is not in fact outstanding or that the account balance is lower than alleged. This clause shall not affect the assertion of damages caused by the overdue account balance.
We may, from time to time, offer paid features (such as subscriptions, micropayments, etc.) through other service providers, such as the Apple app store or the Android market (each, an “App Store”). Such paid features may be subject to other payment conditions and other conditions than those in these Terms & Conditions. The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store.
We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires, it will automatically renew for the duration and at the cost indicated to you at your initial purchase. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE THE RENEW DATE, YOU WILL NOT BE REFUNDED. THIS IS THE SOLE RESPONSIBILITY OF THE USER.
Cancellation must take place according to the relevant Cancellation methods below:
If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered. If we cancel a Member’s Membership in our sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.
The technology you use to access our Services may be required to meet minimum specifications provided by us. We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites, and/or the Services) at any time in our sole discretion. You acknowledge and agree that we have no obligation to:
You acknowledge that your access to the Apps, the Websites, and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Websites, and/or the Services at any time.
The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.
You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Websites, and/or the Services, or restrict your use of the Apps, the Websites, and/or the Services, at any time without notifying you in advance. You are solely responsible for all data, SMS, mobile carrier, Internet, and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites, and/or the Services. You acknowledge and agree that the Company can disable or deny you access to the Apps, the Websites, and/or the Services, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details, or any materials contained in your account.
Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:
You agree not to access, or attempt to access, the Services by any means other than through the Websites or the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third-party apps, spiders, or web crawlers).
You agree that you will not, in connection with your use of the Apps, the Websites, and/or the Services, violate any applicable law, ordinance, rule, regulation, or treaty. You shall not connect to or use the Apps, the Websites, and/or the Services in any way that is not expressly permitted by these Terms & Conditions.
You may not:
Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:
Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users. We conduct regular reviews of the use of our Services from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used, or circulated publicly or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions. We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions. The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section 15 or any other terms of these Terms & Conditions. We may exclude any User from, or terminate any User’s access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.
Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience. The Company has no control over, does not accept, and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them. If you choose to access Other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Sites. Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, the Company does not make any representations or warranties in respect of or endorse the products or services advertised.
All intellectual property rights (including the various rights conferred by statute, common law, and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:
None of the material listed in clause 17.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, sold, rented, or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Company. You may, however, retrieve and display the content of our Services on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on our Services without the express prior written permission of the Company.
Title, ownership rights, and intellectual property rights in and to content accessed using our Services are the property of the applicable content owner or supplier and may be protected by applicable copyright, trademark, or other law. Subject to the limited rights described in clause 17.2, this Agreement gives you no rights to such content.
The authors of the literary and artistic works in the pages in our Services have asserted their moral rights to be identified as the author of those works. Any material you transmit, post or submit to the Company either through our Services or otherwise (Material) shall be considered (and the Company may treat it as) non-confidential (subject to the Company’s obligations under privacy legislation). You grant the Company a royalty-free, perpetual, irrevocable, non-exclusive sublicensable license to use, copy, modify, adapt, translate, publish and distribute worldwide any Material which is set out below. All comments, suggestions, ideas, notes, drawings, or concepts in which intellectual property rights subsist which are disclosed or offered to the Company by you or offered in response to solicitations by the Company regarding our Services (Ideas) shall be deemed to be and shall remain the property of the Company and you hereby assign all existing present and future intellectual property rights in Ideas, to the Company. You must do all things reasonably requested by the Company to further assure the assignment of such rights. You understand and acknowledge that the Company has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that the Company is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and the Company assumes no obligation, express or implied, by considering it. Without limitation, the Company will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
You understand and agree that your use of the Apps, the Websites, and/or the Services is at your sole risk. The Apps, the Websites, and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law). To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade. The Company makes no warranty as to the accuracy, completeness, or reliability of any materials, information, or data available through, or the performance of, the Apps, the Websites, and/or the Services. The Company does not represent or warrant that:
You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites, and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone, or other device or any loss of data resulting from downloading or obtaining such material. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, the Company, its subsidiaries or holding company, any subsidiary of any such holding company, affiliates, successors, assigns, and their respective employees, agents, directors, officers, and shareholders, whether individually or collectively (the “Related Parties”) shall not be liable to you, under any contract, tort (including negligence), strict liability, or other legal or equitable theory, amongst other things:
Without limiting the foregoing, in no case shall the total liability of the Company and/or any or all of the Related Parties exceed one hundred pounds (£100). Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such jurisdictions, the liability of the Related Parties shall be limited to the fullest extent permitted by law. In all cases, the Related Parties will not be liable to you for any loss or damage that is not reasonably foreseeable.
Nothing in these Terms & Conditions limits or excludes the liability of the Company for:
You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:
You will cooperate as fully required by Related Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Related Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Related Party.
The laws applicable to the interpretation of these Terms & Conditions shall be the laws of England and Wales, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding principles of conflict of laws. Save as set out below, you irrevocably submit to the exclusion jurisdiction of the English courts. The governing law does not impact your rights as a consumer according to the consumer protection laws and regulations of your country of residence. You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
These Terms & Conditions and the Privacy Policy contain the entire Agreement between you and the Company. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. The Agreement is not intended to create a partnership, joint venture, or relationship of principal and agent between the parties. No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision. The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void. Clauses 17 to 24 inclusive will survive termination or expiration of this Agreement.
For the purposes of this clause 23, “Force Majeure Event” means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. The Company will not be liable for any failure to perform or any delay in the performance of any of its obligations under these Terms & Conditions caused by a Force Majeure Event. In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other, and neither party will have the right to claim compensation from the other.
