Updated in September 2022
Kick Terms of Service
Welcome to Kick, which is provided by Kick, having its registered office address at H174, Sector 63, Noida 201301, Uttar Pradesh, India. ("Kick", “We”,” Our”, “Us” or ''Kick”). Kick is our brand for providing and promoting the services. You must carefully read and understand these terms and conditions before downloading, installing and using the mobile application or desktop version or any version available on any mode or medium in the future (together with the “Services” or “Platform”). For the purpose of these terms and conditions, any reference to Kick shall include its subsidiaries, affiliates, parent company, and sister concerns. These Terms of Service, the Privacy Policy as well as Community Guidelines and all other applicable laws and regulations, (together “Legal Terms” or “Terms”) govern Your access and use of the Platform, irrespective of whether you are a registered user or a visitor (which means that you simply browse the platform without limitation, through mobile or other devices like computer, or otherwise use the Platform without being registered).
You are reading these terms of Agreement (“Terms”), is published in accordance with the provisions of the Information Technology Act of 2000 read along with its relevant rules including Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and amendments if any hereby governs the relationship and serve as an agreement between you and us and set forth in the Terms by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, “Services”).
By using or accessing or downloading the Platform to view content by You, You agree to be bound by these terms.
1. General
a. Kick is a unique mobile and desktop application or software technology that allows You to view, create and share content (“Content”).
b. For the purpose of this Agreement any reference to Kick shall include its affiliates, subsidiaries, parent company, and sister concerns.
c. The terminologies "You", "Your", "User" and "Users" shall be read in context and shall refer to you.
d. This Terms of Service, as well as the Privacy Policy, Community Guidelines and other applicable laws and regulations, govern Your access and use of the Platform, irrespective of whether you are a registered User or a visitor (which means that you simply browse the Platform without limitation, through a computer device or mobile or other device, or otherwise use the Platform without being registered).
e. Kick hereby grants You a non-exclusive, non-transferable and limited license to access and use the Platform on computer, mobile phones, tablets, portable internet devices, or any other technology/modes/media that may be developed in future.
f. By accessing and/or using the Platform and/or creating a User profile account on the Platform (an “Account”), you are deemed to have read, accepted, executed and be bound by these terms of this Legal Terms.
2. Definitions
a. “Confidential Information” shall mean any information, including but not limited to processes, methods, systems, business information, technological information, and sales information, client information, which is deemed confidential by Kick, and is disclosed to the User in any manner.
b. “Intellectual Property” refers to any invention, creation, work, algorithm, source code, object code or other code, design, confidential information, product and so on which have been acquired, or is in the process of being acquired, or is capable of being acquired as patent, copyright, trademark, trade secret, or any other type of Intellectual Property.
c. "Content" refers to any and all material/works displayed, including but not limited to videos, images, comments and advertisements.
3. Acceptance of Terms & Eligibility
3.1 Acceptance of Terms
a. By registering for and/or using the Service in any manner, including but not limited to downloading, installing, visiting or browsing the Platform, You agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Platform by Kick, each of which is incorporated by reference and each of which may be updated by Kick from time to time without notice to You in accordance with the terms set out under Clause 22 “Modification of Terms” below.
b. In case of an organization, company or branch of government, You represent and warrant that You have the authority to legally bind Your company or organization and Your company or organization will be bound by the obligations and restrictions of these terms. Any and all references herein to 'You' or 'Your' will include Your company or organization.
c. This Agreement applies to all users of the Platform, including, without limitation, Users who are contributors of content, information, and other materials or Services on the Platform, individual Users of the Platform, venues that access the Platform, and Users that have a page on the Platform.
d. In addition, some Services offered through the Platform may be subject to additional terms and conditions specified by Kick from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
3.2 Eligibility
a. Use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor, i.e., under the age of 18 years, You shall not register as a User of the Platform and shall not access or use the Platform. As a minor if You wish to access or use the Platform, such access or use may be made by Your legal guardian or parents.
b. Kick reserves the right to terminate such use and/ or refuse to provide You with access to the Platform if it is brought to Kick's notice or if it is discovered that You are under the age of 18 years.
c. Your account has not been previously disabled for breach of our Terms or Policies or Standards; and
d. You will comply with these Terms and all applicable domestic and international laws and regulations.
4. Your Account, User Information and Paid Subscription User Charges
4.1 Your Account & User Information: You understand that You will be able to create Content on the Platform only after completing the required login process and that You will not get access to the editing tools by only downloading the Platform. You agree that the information provided by You to create an account on the Platform is legal, valid, accurate, up-to-date and belongs solely to You and can be authenticated by Kick. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
You agree that you are solely responsible for the activity that occurs under your account. Please keep your account password confidential and use such an account for strictly personal purposes only.
We reserve the right to disable your user account, and remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. Contact us at [email protected] with your truthful, clear and valid reason for such appeal.
4.2 Paid Subscription: We may offer certain optional subscription Services based on the User’s acceptance of these and other appropriate terms and conditions. Upon User acceptance, We reserve the right to charge subscription and /or membership fees based on the specific optional Service selected by the User. When you purchase a subscription, you must provide us with complete and accurate payment and other information required by the payment gateway provider/ payment system processor. By submitting payment details, you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription-based Service on the Platform. We use third party payment gateway and payment system providers services for receiving payment from Users for its subscription-based Services and for Kick Jems rewards program.
5. Kick Jems and Rewards
Kick reward Program (the “Program”) is provided by Kick (“Platform”) for users to avail the Program. It is open to users of the Services who are registered and are eligible in accordance with Platform terms as mentioned in clause 3 of these Terms. Users below 18 must have parents or legal guardian’s permission to avail use of the Program.
Kick offers its users loyalty points in various forms for their regular and continuous use of the Kick Platform. These loyalty points are provided for performing various actions/ activities on the Kick Platform. Each user who completes his/ her profile, like content, referring a friend and spending time on the Platform as specified by Kick, earns loyalty points (“Kick Jems”). Users are issued Kick Jems against every activity performed on the Platform. The value of Kick Jems depends on the configurable and dynamic factors as per the policies of the Program. The Kick Jems are rewarded purely for the regular use of the Platform and Kick Jems can only be purchased on the Kick Platform and all the payments shall be process by third party payment aggregator in accordance with the applicable laws.
Kick reserves the right, at its sole discretion, to change the mode of the accrual of one or any of these types of Kick Jems, including the number of such points received in proportion to the User’s activities. Further, Kick reserves the right to disqualify any User, who does not meet the offer requirements or for any other reason including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations, from receiving any points. Kick also reserves the right to discontinue or change or issue any new form of points offered at any time, at its sole discretion. Kick may also at its discretion specify an expiry period for the Kick Jems
Kick Jems
Who can earn and buy Kick Jems?
Users of our Services who are aged 18 or older may purchase virtual “Kick Jems” (“Jems”) from us using authorised payment methods and through payment providers made available and authorized by us.
Who can avail the Program?
Users, aged 18 or above may avail the use of the Program.
Users can only earn Kick Jems and gift Jems to others users, receive Jems as a gift with monetary value, earn Jems and withdraw Jems if they are aged 18 or older.
We may make the following products and incentives available to you on our Platform from time to time.
Earning and Purchasing Jems
The price of the Kick Jems will be displayed at the point of purchase. All charges and payments for Kick Jems will be made in the Indian rupees specified at the point of purchase through the relevant payment methods and options available with the payment aggregation service provider.
You will be responsible for the payment of any Kick Jems purchased by you. Once your purchase has been completed, your user account will be credited with Kick Jems and no refund request shall be entertained.
If you wish to make changes to your purchase, please contact us at the email address set out below. We will let you know if this change is possible. Please note that changes may impact price as well as other aspects of your purchase. However, if you purchase Jems, you acknowledge and agree that we start supplying the Jems to you as soon as the purchase is complete and therefore, your right to cancel or withdraw from the agreement to purchase is lost at this point.
How you can use Jems
Jems can be used to purchase vouchers/ discount coupons. Jems cannot be exchanged for cash, or legal tender, or currency, region, or any political entity, or any other form of credit.
Jems can only be used on our Platform and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.
No Jems may be assigned or transferred to any other user of the Services or third party except as expressly permitted by us in writing. The sale, barter, assignment or other disposal of any Jems, other than by us, is expressly prohibited.
Accrued Jems do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
Any Jems assigned, sold, or otherwise transferred without the express written consent of us are void. Any user of the Services who violates this restriction may have his or her account terminated by us, forfeit Jems from his or her account, and/or be subject to liability for damages and litigation and transaction costs.
All Jems of a user will expire automatically upon termination of the user’s account for any reason.
You agree that we have the right to manage, regulate, control, modify and/or eliminate such Jems, where we have a valid reason to do so such as where we reasonably believe you have violated this policy, you are in breach of any applicable law or regulation or for legal, security or technical reasons and that we will have no liability to you based on our exercise of such right. If we decide to eliminate Jems from our services completely, we will do so by providing reasonable notice to you.
In relation to a Content available, you may use Jems to rate or show your appreciation for an item of User Content that is uploaded or streamed by another user (“Content Provider '').
When this functionality is available on the Services, you can contribute Jems to User Content by clicking the “Give Jems” button below the relevant User Content.
When you have contributed a Jems to an item of User Content, this Jems will be removed from your account, and converted into Content Provider Jems in the Content Provider’s account.
Please note that when you give Jems to another user you do so publicly so other users of the Services (including the recipient of the Jems) can see your name, user ID and the details of the Jems that you gave.
No refund or charge back is allowed on the purchased Kick Jems by the User.
Coupons
Who can buy Coupons?
Users of our Services who are aged 18 or older may purchase coupons (“Coupons'” ) by exchanging Jems for discount Coupons from our authorised vendors.
Purchasing Coupons
Published prices include taxes where required under applicable laws of your. If any Coupons are subject to Goods and Services Tax( “GST”) and you have not paid the applicable GST to the vendor, then you will be responsible for the payment of such GST and any related penalties or interest to the relevant tax authority.
You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such exchange rate as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right.
If you wish to make changes to your purchase of Coupons, the company sharing Coupons codes policy shall be applicable.
Except as otherwise set out in these Terms, all sales of Coupons are final, and we do not offer refunds for any purchased Coupons. When you have exchanged your Jems for Coupons, such Jems will be deducted from your user account and credited with Coupons.
Coupons cannot be converted into or exchanged for Jems or cash, or be refunded or reimbursed by us for any reason.
Coupons exchanged or received by any user do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
We may replace previously exchanged copies of Coupons, if we determine in our sole discretion that the Coupons exchanged or received by a user are corrupted or otherwise damaged.
We reserve the right to terminate or take other appropriate action against the account of any User that is deemed to be abusing the Program or in breach of these Terms.
Withdrawing Jems
At any point, a Content Provider/ User can see how many Jems he/she has accrued on a real-time basis by checking their his or her account.
A Content Provider/ User can choose, by selecting the relevant options in their user account, to withdraw Jems in exchange for monetary compensation (to be denominated in Indian National Rupee). The applicable monetary compensation will be calculated by us based on various factors including the number of Jems a user has accrued.
The withdrawal of Jems will be subject to the following terms and any additional information provided in the withdrawal instructions that are provided to you at the time of such withdrawal, including the applicable daily limits on withdrawal amounts: the rate of withdrawal will be displayed at the point of withdrawal.
You agree that we have the right to manage, regulate, control, modify and/or eliminate such withdrawal feature where we have a valid reason to do so such as where we reasonably believe you have violated this Terms, you are in breach of any applicable law or regulation or for legal, security or technical reasons, and that we will have no liability to you based on our exercise of such right.
The applicable cash payment will be made directly into your nominated bank account/ UPI ID or other third-party payment channel account (if applicable).
Your first and last name needs to be an exact match to your bank account and it needs to be verified. It is your responsibility to ensure that you provide your account information correctly. You are responsible for any losses caused by incorrect details of your bank account/ UPI ID information provided by you. Payment will not be sent to a designated bank account/ UPI ID with an email address, a first and last name different from what appears on your account, and an account that has not been verified; we may, at our sole discretion, request you to provide information to verify your identity (including your first and last name and your state ID number).
We reserve the right to verify your identity, age (by requesting a photocopy of your state ID card, or other proof as we may require) and eligibility qualifications to our satisfaction prior to making any payment as Know your customer documents.
Although we aim to fulfil all withdrawal requests in a timely manner, we do not guarantee fulfilment within a specific period of time (including any estimated timings set out at the time of withdrawal) and we will not be liable to you or any third party for any failure to fulfil a withdrawal request within such time.
If you are subject to any taxes imposed under applicable laws on these payments, you will be responsible for the payment of such taxes (including any related penalties or interest) to the relevant tax authority. We reserve the right to deduct any applicable taxes prior to making such payment if we determine that we are required to do so by applicable law. We also reserve the right to request certifications from you in relation to taxes and to report to tax authorities amounts paid and/or withheld from payments to you.
We reserve the right to deduct Jems from your account if you are in breach of these terms.
We may cancel Jems incentive at any time. If we cancel the Jems incentive, we shall make reasonable efforts to provide you with prior notice to enable you to transfer your Jems value into your bank account/ UPI ID. Where we have a valid reason (such as where we reasonably believe you have violated these Terms, you are in breach of any applicable law or regulation or for legal, security or technical reasons), we may cancel the Jems operation incentive without notice. In either case, you shall have no right or entitlement to any financial compensation in respect of any Jems accrued prior to the date of cancellation of the incentive that has not been converted into cash using the mechanism set out in these Terms.
5. Our Ownership and Rights
5.1 You hereby agree, undertake and confirm that all rights, title and interests in the Platform are retained by Kick and that this Agreement only licenses Your use of the Platform subject to the terms and conditions of this Agreement. You hereby confirm that this Agreement does not amount to the transfer of any proprietary property by Kick to You, and that all right, title, and interest in the property continues to vest with Kick.
5.2 Kick provides you with the Platform license for free for your personal enjoyment, self-expression, and the possibility of public exposure. In return for the Platform license granted to you herein, you acknowledge and agree that Kick may generate revenues, increase goodwill, or otherwise increase its value, from your use of the Platform and any User Content you upload thereto, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, marketing including content marketing and promotional partnerships off the Platform on any other media and usage data, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any User Content that you upload onto the Platform, or the use thereof by Kick and/or other Users as described herein, and that you are prohibited from exercising any rights to monetize or obtain consideration from (i) any User Content uploaded by you or any other User onto the Platform or (ii) any User Content that you upload onto a third-party service via the Platform (e.g., you cannot claim any UGC created and uploaded onto other short video applications via the Platform for monetization).
6. Your License and Use of the Platform/Services
6.1. Subject to the Terms Kick hereby grants You only a limited, non-transferable, non-exclusive, revocable license to make personal and non-commercial use of the Platform.
6.2. Services offered by Kick through the Platform, may require prior registration by the User. To gain access to the Services, You will be required to create an account by completing the registration process. As part of such a registration process, You will be required to provide Us with current, complete and accurate information pertaining to such details as prompted by the applicable registration form. You will also be required to choose a unique password and a username, which shall be entered by You every time You wish to gain access to the said Services. You shall not be entitled to gain, and shall not facilitate, access to the Platform through a single account and password, by multiple users on a network. You agree and understand that We do not permit any part of the Platform being cached in proxy servers. You are entirely responsible for maintaining the confidentiality of Your password and account. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. When creating an account, you must provide accurate information about yourself and create only one account for strictly personal purposes.
6.3 You shall not share your account information and password with others or use anyone else’s account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security. In such an event, we shall do Our best to help you recover your account; however, we cannot guarantee that Your account will be restored or the content contained therein will be recovered. We will not be liable for any loss that You may incur as a result of unauthorized use of Your password or account. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
6.4 Registration through Facebook: You may also register for the Services by using your Facebook username and password (“Facebook Connect”). If, however, you are under 18 years of age, you may log in to the Services using Facebook Connect and utilize the Services only under the supervision of your parent or legal guardian. Using Facebook Connect allows us to personalize and enhance your experience while using the Services, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Services. You may control the information being shared through Facebook Connect by changing your account / privacy settings. You shall be solely responsible for using this feature and any related compliances with the terms of your Facebook account. By registering through Facebook, you agree to the terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Platform. Each registration is for a single individual user only.
6.5 Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
6.5 Removal of Content By Kick / Imposition of Ban on a User Profile:
In addition to the above, your access to and use of the Services must, at all times, be compliant with Our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users. Our automated systems analyse your content to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
Your usage of our Platform is governed by the Terms and Community Guidelines. If any of our users report your content which violates the Terms and Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the Terms and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at [email protected]
6.6 The Platform is licensed, not sold, to You, even after installation on Your devices. Kick may assign this License Agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
7. Content: Our Content & User-Generated Content
7.1 Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ( collectively “User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, and other elements provided by Service onto this User Content and transmit this User Content through the Services. The views expressed by other users on the Services do not represent our views or values.
7.2 You understand that you are the owner and responsible for User Content that you post, upload, transmit, share or otherwise make available on, through or in connection with the Services. You agree not to use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any applicable law. You warrant that the User Content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any third party or individual and does not contain any obscene or offensive material. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. For use of any third party's intellectual property, You may need to get permission directly from the owner of the intellectual property.
7.3 Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.
7.4 If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
7.5 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user-generated Content or endorse any opinions expressed thereof. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content.
7.6 You shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation, or use the Platform for any illegal or unauthorized purpose.
7.7 You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.
7.8 By accepting the terms and conditions, you accept that you provide us with content, or view content provided by others, you are doing so at your own discretion and risk including accuracy, completeness of this content. Kick possesses all the rights to action takedown or ban the content that violates our Terms.
7.9 We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
7.10 Kick LIVE FEATURE OR APP:
(a) The Platform may enable Users to live stream audio and/or audio-visual content via the Platform on a “real-time” basis (“Kick Live Content” or “Live Content”). In certain cases, Live Content may only be made available via the Platform during the “real-time” period in which the live stream is actually taking place or may be available on the Platform or be available to other Users following this Live session for a limited time period. In other cases, Live Content may be made available via the Platform during the “real-time” period in which the live stream is taking place, as well as following the initial “real-time” live stream (as a stored and recorded version of such Live Content) until the applicable User who has created the Live Content removes it from the Platform. Users who “live-stream”/upload Content on the Platform will be solely responsible for providing such Content in accordance with these Terms and for resolving any disputes with other Users regarding the performance and/or the quality of such Content. For the avoidance of doubt, Live Content shall be deemed “User Content” and “UGC” as such terms are defined herein and each User who streams, uploads and otherwise makes available Live Content to Users on the Platform agrees that such content will be subject to the User Content License granted, and all other terms and conditions (including, without limitation, the Community Guidelines, and all other representations and warranties) applicable to User Content, herein. Finally, you acknowledge and agree that Live Content may have additional features and functionalities (e.g., sharing, commenting, interactivity features, etc.) that Company may also restrict some of the features and functionalities for Live Content that are otherwise available for other types of User Content uploaded on the Platform.
(b) You agree to comply with all applicable laws, rules and regulations regarding the Live Content. The Live Content and the Archived Content, if any, will constitute User Generated Content as applicable, pursuant to your acceptance of these Terms. Further, You warrant and represents that you have satisfied all regulatory requirements in the Live streaming Territory, including without limitation all approvals, permits, licensing, registration or notification requirements, and will maintain such licenses (including any broadcast licenses if applicable), registrations, consents, notifications or approvals for the duration of the Live Content.
(c) These Terms governs Your use of: (i) the Kick Camera feature or app, and any other software and tools marked in an accompanying file as being subject to this Agreement (collectively, the “Kick Camera Software”); and (ii) certain documentation relating to the Kick Camera Software, including, video tutorials and other information made available to the user on the Platform, apps, or by any other means (collectively, the “Documentation”), of the Term or as otherwise specified by Kick in writing. Kick may make the Kick Camera Software and Documentation (collectively, “Kick Camera”) available via download or by any other means at Kick’s sole discretion. These Terms are effective as of the date You download, install, access, or use Kick Camera (the “Effective Date”).
8. Intellectual Property Rights and License
8.1. Your use of the Platform is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret and use of intellectual property. You shall abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the Platform through Your device. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. For use of any third party's intellectual property, You may need to get permission directly from the owner of the intellectual property.
8.2 Our IP: All trademarks, brands and service marks of the Platform are the property of or licensed to Kick. Kick owns all of the copyrights and databases in relation to the Platform. The content included on this website, including, but not limited to the Kick reports, text, graphics, logos, icons, and images is the exclusive property of Kick and other respective owners that have granted Kick the right and license to use such property and is protected by Indian copyright laws. All trademarks, service marks, and trade names are proprietary to Kick or other respective owners that have granted Kick the right and license to use such marks. The Platform and any underlying technology or software used in connection with the Platform may contain rights of Kick or its business associates, affiliates or any third party. The Platform is licensed, not sold, to You, even after installation on Your devices. Kick may assign this license agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
8.3 Any intellectual property which is not specifically mentioned to be owned by Kick is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off. You shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner/exclusive licensee of the Intellectual Property. In the event of infringement, Kick may at its own discretion or as required by law take necessary steps to remedy the same.
8.4 You continue to own your Content and grant us license of the Content which You may upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, videos, sound recordings. You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, adapt, of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third parties to view, access, use, download, adapt, of, publish and/or transmit your User Content in any format and on any platform.
8.5 You hereby grant Kick a worldwide, royalty-free, perpetual, non-exclusive, irrevocable, non-transferable, assignable, sublicensable, right and license to access, make personal use of the Content and unlimited license to make copies of, reproduce, adapt, make derivative works of, commercially exploit, communicate to the public, broadcast, and make available Your Content and the Content made available by You on the Platform. You understand and agree that Kick may exercise these rights on the Content on the Platform or on other platforms, applications, social media pages or any other device or display/communication means under its control. You further, agree and accept that we may use Your Content, on any third-party platform in any manner not expressly permitted hereunder, we need no explicit permission or consent from You, for sharing and broadcasting Your Content and other materials on various third-party platforms including but not limited to social media channels and other third-party sites and services, including, for example, Instagram, Facebook, YouTube, Twitter any third-party Platform such as media channels etc. We are also not responsible for putting you in touch with any third-party owner for the above-mentioned purposes. You represent that You are authorized to grant these rights to Kick in accordance with this Agreement and policies of this Platform, and all applicable laws and regulations. You acknowledge, confirm and agree that all Intellectual Property rights in the Content You post vests with You or You have a valid license to post, display, reproduce, make copies, broadcast, communicate to the public such Content on the Platform.
8.6 Content Distribution: You understand and agree that Kick has an exclusive, worldwide, royalty-free, perpetual, unlimited and unrestricted license to make copies of, communicate to the public, broadcast, and make available your Content and the Content made available by You on the Platform and off the Platform (via third party platforms/media) for both commercial and non-commercial purposes. You understand and agree that the licensing rights granted to Kick extend to the intellectual property rights (including but not limited to copyright, trademark, designs and patent) subsisting in the content created by You on the Platform.
8.7 Your content remains yours, which means that you retain any intellectual property rights that you have in your content.
8.8 You understand and agree that Kick reserves the right to distribute the User Content to its business associates, affiliates, third parties and to any other entity(ies) that it deems necessary at its own discretion.
8.9 By posting Content on the Platform, You confirm that You are the owner of all Content and underlying works contained therein, or are authorised by the owner to make the Content available through the Platform.
9. Confidentiality
9.1 You hereby agree that You shall not disclose any confidential information to any third party about the Platform or Kick which You have come into possession of by virtue of downloading, installing, accessing or using the Platform, or in any other manner. You also agree that in any event, if such confidential information is disclosed by You in violation of this Agreement, Kick may, on its own sole discretion, terminate this Agreement by deleting Your Account(s), without any notice to You, or to take any other legal measure which is considered reasonable and legitimate.
9.2 In the event You are aware that the confidential information is passed to any third party, You shall immediately inform Kick regarding the same.
10. User’s Obligations/Rules and Regulations
The Platform, Platform content and any User Content belonging to another User may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, or without the express prior written consent of Kick, the applicable User, and/or the applicable third-party owner thereof, in each instance.
10.1 As a condition of use, You promise not to use the Platform for any purpose that is prohibited by this Agreement. You are responsible for all of Your activity in connection with the Platform.
10.2 You agree, undertake and confirm that You are only permitted to use the Platform for accessing Content and for sharing Content created by You or Content which You are authorised to post on the Platform.
10.3 You hereby acknowledge and concede that the use, access and availing the facilities of the Platform shall be governed by the Terms of Service, Privacy Policy and Community Guidelines of Kick and You shall act in accordance with the said documents.
10.4 Additionally, You shall abide by all applicable laws and regulations and if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
10.5 You will not host, display, upload, modify, publish, transmit, store, update or share any content that:
i. belongs to another person and to which the user does not have any right;
ii. is defamatory, obscene, pornographic, podophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
iii. is harmful to children ;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
vii. impersonates another person;
viii. threatens the unity, integrity, defense, 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 other nation;
ix. contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
x. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
xi. is in any manner, likely to adKickly affect Kick’s business interests;
xii. in any manner damages or degrades the Platform or cause impairment of the performance, availability or accessibility of the Platform;
xiii. depicts advertisement, promotions or solicitations of business or solicits Users or any other form of solicitation;
xiv. posts or transmits any communication or solicitation designed or intended to obtain the password, account, sensitive personal information or any other personal information from any other User;
xv. hack or interfere with the Platform, its servers or any connected networks
xvi. posts or transmits spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements and; and
xvii. displays news/current affairs content.
10.6 You shall not indulge in any of the following prohibited activities –
i. You shall not illegally download/save the content accessed through the Platform at any given time, or circumvent any technological measures employed by Kick to prevent unauthorized access to or copying of content or any part of the Platform.
ii. You shall not alter or modify any part of the Platform and/or use the Platform for any illegal purpose.
iii. You shall not reformat or frame any portion of any web page that is part of the Platform.
iv. You shall not collect or harvest or attempt to collect sensitive personal data, personal information or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
V. You shall not deliberately impersonate another person, whether real or imaginary or otherwise misrepresent Your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person or impersonating other Users or otherwise faking Your identity.
vi. You shall not rent, sell or transfer or lease or offer to sell or transfer access to the Platform and/or any Kick account or permit any third parties to use Your name and password, or any Content on the Platform.
vii. You shall not resell or commercially use the Platform or any of its content or download or copy account information for the benefit of Yourself or any third-party. The Platform is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
viii. You shall not authorize any third party to use Your account.
ix. You shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation; or use the Platform for any illegal or unauthorized purpose; You agree to comply with all local laws applicable to Your conduct and the content and information, including hyperlinks, that You upload, store, share or transmit using the Platform.
x. You shall not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on the Platform or on any Content appearing on the Platform. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of Kick and Our affiliates or other Users. You may not use any meta-tags or any other "hidden text" utilizing Kick's name or trademarks without the express written consent of Kick. You may not use any Kick logo or other proprietary graphic or trademark as part of the link without Kick's advance express written permission. Any unauthorized use terminates the permission or license granted by Kick.
xi. You shall not employ scraping or similar techniques to aggregate, repurpose, adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit the content except via the features provided in the Platform.
xii. You shall not permit any third party to copy or adapt the object code of the Platform, or reKick engineer, reKick assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the content or Platform.
xiii. You shall not transmit any viruses, worms, defects, Trojan horse, cancelbots, spyware, other items of a contaminating or destructive nature, adware, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, harmful code, flood pings, malware, bot, time bomb, worm, or another harmful or malicious component, which might overburden, impair or disrupt the Platform or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform.
xiv. You shall not stalk, exploit, threaten, abuse or otherwise harass another User, or any Kick employees and/or affiliates.
xv. You shall not violate, circumvent or attempt to violate or circumvent any data security measures employed by Kick; access or attempt to access data or materials which are not intended for Your use; log into, or attempt to log into an account which You are not authorized to access; attempt to scan or test the vulnerability of Kick's server, system or network or attempt to breach Kick's data security or authentication procedures and;
xvi. You shall not use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the Platform, with the exception of public search engines; use any robot, spider, scraper or other automated means to access, analyze or copy the Platform and/or information (whether Our information or other User's information).
10.7 You shall strictly abide by the Community Guidelines and the Privacy Policy.
11. Representations and Warranties
11.1 OTHER THAN AS EXPRESSLY STATED IN THIS TERMS OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND Kick DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
11.2 The content accessible by You through Your use of the Platform includes materials that belong to third parties. You acknowledge that Kick assumes no responsibility for such Content. You understand that You may encounter offensive, indecent, or other objectionable content while using the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. Kick does not approve of such unauthorized use, but by using the Platform You acknowledge and agree that Kick is not responsible for any such illegitimate use of any personal information so obtained by others.
11.3 Kick makes no representations or guarantee that the Platform will be free from loss, destruction, damage, any unauthorized access to or use of Kick's secure servers and/or any and all personal information and/or financial information stored therein, corruption, attack, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any of the Content accessible via the Platform.
11.4 Kick makes no guarantees, representations, or warranties that Content accessible through the Platform by the User or the links provided by third parties will be free of viruses or similar contamination or destructive features. You agree that You assume all risk as to the quality and performance of the Platform and the accuracy and completeness of the Content.
11.5 Kick does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the use of the Platform or any hyperlinked services or featured in any banner or other advertising, and Kick will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from the access to and use of the Platform, hacking, or other security intrusion by You, and Kick disclaims any liability relating thereto.
11.6 Kick makes no guarantees, representations, or warranties that use or results of the Platform will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, Kick may modify, suspend, or discontinue any part or all of the Platform or Your use of the Platform. In such an event, Kick will not be liable to You or any third party.
12. Advertisements & Third-Party Content
12.1 The Platform may provide access to third-party content and/or websites that are not owned or controlled by Kick.
12.2. You hereby agree, undertake and confirm to receive advertisements through use of this Platform.
12.3.The Platform may provide access to third-party games, quizzes, and other such activities requiring skill, for which prizes may be awarded by the concerned third-party. Kick does not own or control these third-party games or other activities, and does not control or undertake any liability for declaring results or awarding prizes.
12.4 Kick is not responsible for any third-party content, including but not limited to texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork or applications, services, advertisements, and/or links that may be contained in the Platform.
12.5 If You have any complaints or concerns regarding third-party content or third-party activities on the Platform, You agree to report your complaints through the Grievance redressal mechanism mentioned in the Mechanism for filing Complaints(insert link).You further agree and acknowledge that Kick will handle Your complaints in accordance with its grievance redressal mechanism and the applicable law.
12.6 You shall not copy reproduce, republish, upload, post, publicly display, encode, translate, transmit, download or distribute the Platform or any Content in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. Kick shall have all the rights to take necessary action and claim damages in case of any violation. Such action may also involve terminating Your permission to use the Platform by deleting Your Account.
12.7 You may use general information about the Platform expressly permitted, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such Content only for Your personal, non-commercial informational purpose unless agreed otherwise through an agreement and do not copy or post such Content on any networked computer or broadcast it in any media, (3) make no modifications to any such Content, and (4) do not make any additional representations or warranties relating to such documents.
13. Use of Platform
You agree and acknowledge that Kick and the Platform is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be strictly directly only between You and the sellers/ merchants on the Platform.
You may not use any products available on the Platform for any illegal or unauthorized purpose;
Any fraudulent use of this Platform or applicable payment method to purchase the products from the Platform, which causes any monetary loss to Kick as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, Kick reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform and/ or the Platform or for any other unlawful act or omission in breach of these Terms;
That images and pictorial representations on the Platform may be enhanced for advertising purposes;
That You shall be responsible for checking the Content, product description and other related information; and
Your contract is with sellers/ merchants on the Platform and you confirm that the product(s) ordered by you are purchased for your internal/personal purpose and not for resale or business purposes. You authorize Kick to declare and provide a declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
PROHIBITED USES:
Kick has built systems wherein we restrict merchants from offering to sell any prohibited items on the Platform. However, You understand and acknowledge that as a buyer it is also Your responsibility to ensure that at no point You purchase the following products on the Platform in the unlikely event that they are listed by the merchant:
Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);
Alcohol;
Animals and wildlife products – examples include live animals, mounted specimens, and ivory;
Artifacts;
Counterfeit goods and services infringing the IP (as defined below);
Crude oil;
Electronic surveillance equipment prohibited by law;
Embargoed goods from prohibited countries;
Endangered species of animals and plants, whether alive or dead;
Event tickets which are exempted from resale by law;
Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;
Any financial services;
Food and healthcare items without holding requisite permits;
Grey market products;
Government-related items/ equipment (like wireless equipment with the frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)
Government-issued documents like passports etc.;
Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;
Human remains and body parts;
IP in any form (including but not limited to music, movies, books, designs) for which the merchant does not hold the distribution rights;
Invoices and receipts (including blank and pre-filled);
Liquefied petroleum gas cylinder;
Lottery tickets;
Mailing lists and personal information;
Maps and literature where Indian external boundaries have been shown incorrectly;
Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;
Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;
Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;
Radioactive materials;
Reptile skins;
Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;
Stocks and securities;
Real estate;
Radioactive materials;
Stolen property;
Tobacco;
Any other sanctioned or prohibited items or services as per applicable laws; and
Any other item deemed unfit by Kick.
14. Products
14.1. The Platform operates as a marketplace and merely provides an online platform to various Sellers to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Platform (“Products”). The Platform merely facilitates the engagement of the Users and various Sellers and provides such other services as are incidental and ancillary thereto. Additionally, the Platform reserves the right to terminate the services offered at any time to the Users without any notice.
14.2. All Products exhibited on the Platform are on an “as is” and “as available” basis. Images of products are for and by reference only and the actual Product may vary from the corresponding image exhibited. The Platform disclaims any liabilities arising out of any discrepancies to this end. Kick does not warrant that the quality of any products, information or other material purchased or obtained by You from the Platform will meet Your expectations, or that any errors in the services will be corrected. The merchants will be solely responsible for the same.
14.3. The Platform hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. The quality of any products, Services, information, or other material purchased or obtained by you through the Platform is not endorsed or supported by Kick and is the sole liability of the respective Seller. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
14.4. Kick reserves the right, but not the obligation, to limit the provision of the Platform and/or Platform to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Platform is void where prohibited.
14.5. All prices are inclusive of Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses etc.
14.6. Kick reserves the right at any time to modify or discontinue the services, the Platform and /or any part or content thereof without notice at any time. Kick shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the services, the Platform.
15. Payment, Return & Exchange, Delivery
Prices for Products are described on our Platform and are incorporated into these Terms by reference. All prices are in Indian Rupees. Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Platform.
All the payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and the payment facility provided by the Platform is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.
The return and exchange of the Products is between You and the Seller. The return and exchange policy of the seller shall be applicable for the defective and wrongly delivered Products by the Seller. Kick shall not be liable to You or any third- party for any defective and wrongly delivered Product.
All Products purchased from the Platform shall be delivered to the User by standard courier services by the Seller through a logistics partner or by the Sellers themselves. All deliveries where applicable shall be made on a best-efforts basis, and while the Seller will endeavour to deliver the Products on the dates intimated, the Platform disclaims any claims or liabilities arising from any delay in this regard.
The Platform/ Kick shall not be responsible for any delay in the delivery of the Products. the Platform shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
16. Privacy
Kick may collect some of Your personal information and data while accessing, availing and/or using the Platform. Such information collected is only attributed to the functionality of the Platform. You understand and accept that all the User information collected by Kick may be shared and distributed with Kick’s business associates (including but not limited to partners, advertisers, contractors, etc.) and affiliates. You may read Kick's Privacy Policy by visiting the following link: Privacy Policy
We take the protection of your privacy very seriously, and hence we accord all information related to your account with the high standards of data protection and security measures as mandated under the Information Technology Act 2000 and the rules thereunder. Our current Privacy Policy is available here.
17. Indemnity
You hereby agree to indemnify, defend and hold Kick and its affiliates and their officers, directors and employees, harmless from and against any and all damages, liabilities, costs and expenses, including attorney’s fees and expenses, arising out of, incident to, or resulting directly or indirectly from Your use of the Platform. Notwithstanding its reasonable efforts, Kick takes no responsibility or control for the Content accessed by You through the Platform.
18. No Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kick OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PLATFORM AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF Kick OR ITS AFFILIATES.
Kick OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE USER OR ANY VIOLATION OF THIRD-PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE PLATFORM.
In no event shall Kick's aggregate liability for all claims relating to the platform exceed ₹5000/-(rupees five thousand only). This limitation of liability is part of the basis of the relationship between You and Kick and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Kick or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
19. Severability
If any provision in this Agreement becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from this Agreement and the remaining provisions of this Agreement shall not, so far as possible, be affected by the severance.
20. Waiver
The failure of Kick to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to this Agreement nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to Kick at law or in equity.
21. Force Majeure And Act of Third Parties
The performance of any part of this Terms of Service or other Policies by Kick and its affiliates shall be excused on account of Force Majeure events (including but not limited to act of God, public enemy, epidemic, pandemic, revolt, strikes, riot, terrorist attack, fire, flood, war, typhoon and any regulation of the government or order of any competent statutory or judicial authority or of any government), or any other cause beyond the reasonable control of Kick, or act of any third party beyond the control of Kick including but not limited to hacking, data theft, unauthorized access to User account, impersonation, fraud, misrepresentation and so on.
22. Modification of This Agreement
You hereby agree, undertake and confirm that Kick reserves the right to update, modify or suspend any part of this Agreement and/or Privacy Policy from time to time. Such revised Agreement and/or Privacy Policy shall be effective from the date of such update or modification or suspension. If You disagree with any of the changes to the Agreement, You can refrain from accessing or using the Platform by uninstalling the Platform. Your continued access or use or availing of the Platform following the changes in the Agreement and/ or the Policies (including Privacy Policy, Community guidelines) will indicate Your acceptance and acknowledgment of the changes and You hereby agree, undertake and confirm that You shall be bound by the revised Agreement and/or the Policies.
23. Governing Law
23.1 The Agreement shall be governed by the laws for the time being in force in the territory of India and the Courts in Bangalore alone shall have exclusive jurisdiction on the matters concerning this Agreement.
23.2 All disputes arising under or in relation to this Agreement may be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Indian Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the sole arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rule framed thereunder and the place/seat of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English.
24. Notice
Notice is specifically given that Kick is not responsible for the Content or Advertisements accessible through the Platform. Kick reserves the right in its sole discretion to remove and/or disable access to Content claimed to infringe third-party rights and/or terminate the accounts of the Users of the Platform who may infringe upon the intellectual property or other rights of Kick and/or other third parties.
25. Grievance Redressal Mechanism
Kick has implemented the following mechanism for dealing with grievances:
Grievances or concerns regarding violations of Terms of Service, Privacy Policy, and Community Guidelines must be addressed to the “Resident Grievance Officer”. The Resident Grievance Officer can be reached by email at [email protected] or by mail as per detailed in below 26. The complaint must contain such information as is necessary in order for Kick to dispose-off the complaint.
Kick has a Grievance Officer to address your concerns regarding data safety, privacy, and other Platform usage concerns.
You may contact
|
Scope |
Name/ Title |
Email-Id |
|
For Grievance redressal |
Grievance Officer Mr. Nagraj |
|
|
For Law Enforcement Coordination |
Nodal Officer Mr. Sunil Kumar D |
|
|
For Regulatory Compliance |
Compliance Officer |
Any person/entity who is aggrieved by the content or advertisement published on the Platform may file a complaint against such content or advertisement. The legal heir, agent or attorney of the aggrieved person/entity may also file a complaint against such content or article. If the complaint does not fall under the ambit of a crime, then an unrelated person/entity, who has no interest in or is not aggrieved by the content or the advertisement cannot file a valid complaint against the content or the advertisement. If you are an agent or attorney of the aggrieved party, then you are required to submit documentary proof, establishing your right to file a complaint on behalf of the aggrieved party.
26. Complaint and Takedown Process
26.1 If you are filing a complaint against content, you are required to provide the following information:
All notices to Kick hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the following Address or emailed to the following email id: [email protected]
Kick Entertainment Pvt Ltd
H174, Sector 63,
Noida, 201301, Uttar Pradesh, India
26.2 Takedown Process
This Platform operated by Kick’ Innovation Private Limited (“Kick”), and all rights related to the Platform vest in Kick. These Guidelines deal with the reporting, investigation and resolution of any complaint or grievance against the user generated content or any other content displayed or broadcasted on the Platform. These Guidelines also provide instructions regarding the filing of the complaint. These Guidelines are provided to help the person filing the complaint (“you”) understand how to file a complaint against any Content or advertisement displayed on the Platform, how your complaint will be dealt with by Kick and the legal requirements related to the content and advertisement displayed on the Platform. For the purpose of these Guidelines, any reference to Kick includes its subsidiaries, parent entities and sister concerns.
You may send an email with all the necessary information to [email protected] , with the subject “Takedown Request”. You may also send complaints/notices by post with all the necessary information to the following address:
Ms. Nagraj
Grievance Officer,
Kick Entertainment Private Limited
H174, Sector 63, Noida 201301, Uttar Pradesh India
Mechanism :
For a compliant or any other issue faced by a user may be submitted through email at the below address. The compliant should provide: (i) username of the relevant account holder from our platform (ii) specific content/video number or url or link that is of concern and (iii) reason(s) for such a takedown request
In accordance with Information Technology Act 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 rules made there under, the contact details of the Grievance Mechanism is as under :
Mr. Nagaraj
Email: [email protected]
Any and all complaints launched by you, either via complaint form, email or post, are investigated and dealt with in accordance with these Guidelines. Any legal notice or any other legal action initiated against Kick or against any content displayed/broadcast on the Platform is not subject to any terms of these Guidelines.
For the purpose of these Guidelines, Content ‘’ shall mean any and all s, news, videos, images, user generated content, sponsored content or any other content displayed, broadcast or communicated to public on the Platform or any part thereof.
For the purpose of these Guidelines, ‘advertisement’ shall mean any endorsement, advertisement or promotional material displayed or broadcast on the Platform or any part thereof.
Kick reserves the right to amend these Guidelines at any time at its own discretion and hence, you are requested to read these Guidelines very carefully each time before filing/sending any complaint against any content or advertisement to Kick.
Who can file a complaint?
Any person/entity who is aggrieved by the Content or advertisement published on the Platform may file a complaint against such content or advertisement. The legal heir, agent or attorney of the aggrieved person/entity may also file a complaint against such content or . If the complaint does not fall under the ambit of a crime, then an unrelated person/entity, who has no interest in or is not aggrieved by the content or the advertisement cannot file a valid complaint against the content or the advertisement.
If you are an agent or attorney of the aggrieved party, then you are required to submit documentary proof, establishing your right to file a complaint on behalf of the aggrieved party.
What information needs to be provided in the complaint?
If you are filing a complaint against content, you are required to provide the following information:
Irrespective of whether you file a complaint via complaint form or via email, you must ensure that all the information, as stated above, is contained in the complaint. If any of the required information is missing from the complaint, the complaint will be treated as incomplete and Kick may not consider or take any action based on the complaint.
What does ‘nature of the complaint’ mean and why it is relevant?
Information regarding the ‘Nature of the complaint’ helps Kick categorize the complaint based on the legal provisions governing the subject matter of the complaint. Based on your grievance against any content or advertisement published on the Platform, Kick has provided various options which might specify nature of the complaint. Following is the brief description of each of the category provided in the form:
Copyright infringement: Any Content/advertisement violates copyright, performer’s rights or publicity rights of the aggrieved party. This includes display of content created/owned by the aggrieved party without its permission.
Trademark infringement: Any Content/advertisement violates aggrieved party’s trademark rights or illegally uses/displays any word, logo or any other representation which is protected under trademark laws.
Invasion of Privacy: Any Content/advertisement contains any information, image, text or any other content which is private or otherwise violates privacy rights of any third party.
Defamation: Any Content/advertisement contains any information which is false and 1) harms the reputation or public image of the aggrieved party or 2) otherwise has an adKick effect on how the aggrieved party is perceived by people in general.
False/misleading: Any Content/advertisement is false or incomplete and misleads people into believing something incorrect, or wrongfully changes the perspective of people about an entity, event or thing.
Obscene/scandalous content: Any content/advertisement contains any image, text, video, audio or any other representation is repulsive, offensive to modesty, indecent, lewd or immoral and is likely to deprave or corrupt the mind of the viewer.
Content hurts religious sentiment or incites violence: Any Content advertisement contains any image, text or any other content hurts religious beliefs or sentiments of aggrieved party or directly incites or induces violent behaviour among people. Content/advertisement containing hate speech, content inciting rebellion against the government or any religion or religious organisation can also be reported under this category.
Apart from all these categories, there is an open category, by the title “Otherwise illegal”, provided in the complaint form. If the issue raised in the complaint does not fit under any of the above mentioned categories then you may select this as the nature of the complaint and can separately specify the issue raised in brief.
You can select only one of the categories. If the grievance falls under more than one of the abovementioned categories then you may raise a separate complaint for each category of the grievance and provide specific description of the facts and grievance, along with all the necessary documents required for proving the grievance. If you raise more than one complaint against a single content/advertisement, you are required to mention the complaint ID of all your previous complaints in all subsequent complaints regarding the same content, in order to enable effective handling of the grievance.
What documentary evidence is required along with the complaint?
Depending on the nature of the complaint and grievance, documentary proof may vary. Following are some illustrations of the documentary proof which may be relevant for different nature of the complaint:
Copyright infringement: Proof of rights of the aggrieved party and proof of infringement.
Trademark infringement: Trademark registration certificate, proof of infringement.
Violation of Privacy: Proof that the content or the advertisement is private or otherwise violates privacy rights.
If you are the agent or attorney of the aggrieved party, then you are required to attach a power of attorney or authorisation letter, establishing your right to file a complaint on behalf of the aggrieved party, along with the complaint.
What happens if the information provided in the complaint is incomplete or untrue?
Being a law-abiding entity, Kick considers and investigates each complaint filed against any content or advertisement published on the Platform. Although Kick also conducts an internal investigation if required, its primary source of information while dealing with any grievance is the information provided in the complaint. Based on the information provided in the complaint, Kick determines the nature of the complaint, the rights/laws violated by the Content/advertisement in question, the parties involved in the matter and other relevant information required for addressing the issue raised in the compliant.
How can Kick help in addressing the grievance?
Being a mere technology provider and an intermediary under Information Technology Act, 2000, Kick is obligated to take down the Content or advertisement from the Platform, if 1) it receives a complaint, along with all the necessary documents, prima facie and clearly establishing that the content or advertisement on the Platform is violating the rights of any third party or 2) it receives an order directing takedown from the appropriate authority under law.
In accordance with the law, Kick may also provide you with details of the of the content which might help you communicate with the directly and settle your grievance.
Kick’s process of investigating and addressing the complaints against any Content or advertisement is in accordance with Information Technology Act, 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and all other laws in force in India. Nothing under any law imposes an obligation on Kick to investigate the matter beyond what is provided in the complaint and any investigation conducted or action taken by Kick, is at its sole discretion, and Kick is not required to communicate the same to you or to any other party.
Is Kick responsible for publication of content on its Platform?
No, Kick is merely an intermediary, which provides a platform to various third-party content providers for publication of their content to end users, including you. Kick is not at all involved in authoring or publishing any content or advertisement on the Platform.
According to Section 79 of Information Technology Act, 2000, Kick is not responsible for any content or any part thereof published on the Platform. Kick’s liability toward any content published on the Platform is limited to taking down the content from the Platform if 1) it receives a complaint, along with all the necessary proof, prima facie and clearly establishing that the content is violating rights of third party or 2) it receives an order of takedown from the appropriate authority under law.
As Kick is not involved in authoring or publishing any content on the Platform, it is not obligated to pay any damages or costs to any aggrieved party for any Content or part thereof violating their rights. Being an intermediary, Kick is not subject to any civil suit for violation of any rights by any content or part thereof infringing rights of any third party.
How does Kick ensure the legality of the content and advertisements on the Platform?
As explained above, Kick is merely an intermediary which provides a platform to various third-parties to display their content. Kick has agreements with these third-party content providers who upload the Content which is displayed on the Platform. In their agreements with Kick, these content providers have represented that their content or any part thereof uploaded on the Platform does not violate any law or any third-party rights. More specifically, the content providers have represented the following:
They are authorised to upload the Content on the Platform,
The Content does not violate any third-party rights, including copyright, trademark rights, privacy rights, publicity rights or other legal rights,
The Content is not in manner defamatory, obscene, libellous, vulgar, unethical or otherwise illegal,
The Content does not in any manner promote or incite violence, rebellion against the government, or hatred; or hurt any religious sentiments or endorse the use or distribution of any banned substance, product or services.
Kick also has its own policies and agreements which govern the use of its Platform. These agreements and policies are binding on users, and have been formulated to ensure that the use of the Platform does not violate any law. By using the Platform, users agree to not upload any content (including text, images, videos, comments, etc) which violate any law or Kick’s terms of use.
Being an intermediary, Kick is not required to monitor the content on its Platform. Kick is only required to take action against any Content only when it receives an order from the appropriate authority or a complete complaint establishing a prima facie case. However, Kick reserves the right to take down any content if it determines, at its sole discretion, that such content violates any law or the terms of its platform.
How does Kick deal with the complaint filed against any content?
Kick has competent legal which deal with all the complaints filed against any Content on the Platform. These teams investigate the matter on both factual and legal grounds based on their internal research and the content and evidence provided by you. Based in the Content of the complaint, evidence provided, internal research, legal provisions and response from the , these teams evaluate the complaint and grievance, and decide which remedies can be provided to you or the aggrieved party.
Does Kick provide the details of the steps undertaken by it while dealing with the complaint?
The complaint goes through a complicated scrutinization process, which is strictly confidential in nature. Unless required by law or appropriate judicial/quasi-judicial authority, Kick may not disclose the steps undertaken by Kick while dealing with a particular complaint.
Is Kick obligated to respond to all the complaints filed?
Kick considers all the complaints filed against any/all the Content on the Platform based on various facts, including, but not limited to, information provided in the complaint, nature of the complaint, documentary proofs provided, legal validity of the complaint and grievance in the complaint. Based on these factors, Kick may or may not send a response to you or take any action based on the complaint. Kick is not obligated to respond to or take action based on every complaint filed against the content on the Platform.
What happens if you file a false or frivolous complaint?
If you provide false information in the complaint, then Kick will be unable to gather all the necessary information or address your complaint. If you try to mislead Kick by providing false or misleading information in the complaint, Kick may take strict legal action against you in order to safeguard its legal rights and integrity of the Platform. Please note that you may be liable for damages (including costs and attorneys’ fees) if you file false and frivolous complaints, as Kick expends considerable resources in reviewing complaints.
Are these Guidelines binding on you?
These guidelines have been created to help you file a complaint with Kick against any content on the Platform. These Guidelines elaborate on the legal provisions dealing with or relevant to the complaint filed. Nothing mentioned in these Guidelines falls outside the scope of the law and hence, irrespective of whether these Guidelines are binding, you will be bound by the relevant legal provisions.
What action can Kick take against content regarding which you have filed a complaint?
As an intermediary, Kick cannot edit or alter the content or any part thereof on its own or pursuant to a complaint received by it. However, Kick is permitted to take down the content entirely, in certain situations.
Kick is required to take down the content in the following cases:
Kick has received an order to this effect from the appropriate judicial or quasi-judicial authority,
There is a legal provision requiring Kick to remove certain content,
The of the content in question takes down the content from its own platform and communicates the same to Kick, either on its own or following the receipt of a complaint.
Kick may take down the content in the following cases:
It receives a complete and properly substantiated complaint with a prima facie case,
Kick, at its sole discretion, determines that the content violates any law or the terms of its platform.
27. Termination
27.1. You may terminate these Terms at any time by deleting your Account and ceasing all use of the Platform. Please note that, deleting the Platform from your computer or mobile device will not delete your Account, and any User Content that you have previously uploaded will remain on the Platform. If you wish to delete your Account, please login to your Account on the Site or click the Account profile icon in the App, and once inside your Account profile, select "Delete Account". Please note that if you delete your Account, all User Content will automatically be deleted. Additionally, if you wish to delete any particular item of User Content that you have uploaded to the Platform, you can do so using the User Content deletion functionalities within the Platform; provided, deleting your User Content will not delete your Account or terminate these terms of Agreement. This Terms, and any posted revision, shall remain in full force and effect while You use the Platform and certain provisions may continue to apply even after termination.
27.2 You may terminate this Agreement by uninstalling or deleting the Platform at any time, for any reason. If you no longer want to use our Services again, and would like your account deleted, contact us at [email protected] We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
27.3 We reserve the right to disable or terminate your user account, remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provision of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. Upon such termination or suspension, you may not access or use the Platform, and you agree that you will not attempt to re-register with or access the Platform through the use of a different member name or otherwise.
27.4 Effect of Termination. Termination of the Agreement, your account, or your access to or use of the Platform may include removal of access and barring further use of the Platform. Termination of this Agreement or your account also includes disassociation of your username, your password and, all related information, files and user content associated with or inside your account (or any part thereof), including your user content. On termination of this Agreement, all of Your profile Content and other information may be deleted. However, certain details are maintained with us for archival and legal purposes. Irrespective of your termination, the Content liability shall continue with the User at all times. Upon termination of the Agreement, your right to use the Platform, including mobile software will automatically terminate. Kick will not have any liability whatsoever to you for any suspension or termination, including for deletion of your user content. Kick will hold and use the content/data as long as required and/or permissible under local laws. All provisions of the Agreement which by their nature should survive shall survive termination of this Agreement, including without limitation, warranty disclaimers, governing law, and limitations of liability.
27.5. Kick the right to change these Terms from time to time. If You do not agree to any such changes, You have the discretion to discontinue from accessing, availing or using the Platform. Continued access or use of the Platform following notice of any such changes will indicate Your acknowledgement of such changes and You will be bound by such revised Terms.
27.6. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
28. Monthly disclosure of information by Intermediary, Kick shares monthly disclosure of information as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021. For these disclosures, please visit:
Disclosure of Grievance: Grievance Data
In accordance with the Code of Ethics, Kick demonstrates its commitment to comply with such extant rules.
