Effective Date: February 17, 2016
Welcome to KlickInvite (“KlickInvite,” “We,” “Us” or “Our”), a brand fully owned, developed and representative of M/s Shobha Cards & Arts, Delhi). KlickInvite provides a fast, beautiful and fun way for you to create your digital invitation through our platform. “We do not deal in physical but help you with everything digital”.Just enter your details, account information and start creating invites to send to your guests!
● Our Policy applies to all visitors, users, and others who access the Service (“Users“).
1. INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
● E-mail address, Mobile number, password when you register for a KlickInvite account.
● Profile information that you provide for your user profile (e.g., first and last name, your bride or groom’s information, picture(s), location, time and date etc). This information allows us to help you or others on KlickInvite.
● User Content (e.g., photos, guest list, comments and other materials) that you post to the Service.
● Communications between you and KlickInvite. For example, we may send you Service-related emails/SMS (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails/SMS.
● If you choose to open an account you understand and agree that you are responsible for any charges that apply to communications sent from your device.
Your guest list on KlickInvite:
● If you choose, you can use/send your invitation for your friends and guests in order to use the guest list feature in KlickInvite accounts either through (i) your contacts list, (ii) third-party social media sites or (iii) through a search of names and usernames on a 3rd
party search engine.
● If you choose to open an account at KlickInvite your guest list, will be accessible to KlickInvite.
● We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service.
Cookies and similar technologies:
Log file information:
● Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
● When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service,
domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
● When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by KlickInvite.
● A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
● Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
● Users may have Metadata added to their User Content. This makes your User Content more searchable by others and more interactive.
2. HOW WE USE YOUR INFORMATION
● help you efficiently access your information after you sign in
● remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
● provide personalized content and information to you and others, which could include online ads or other forms of marketing
● provide, improve, test, and monitor the effectiveness of our Service
● develop and test new products and features
● monitor metrics such as total number of visitors, traffic, and demographic patterns
● diagnose or fix technology problems
3. SHARING OF YOUR INFORMATION
We may rent or sell your information to third parties outside KlickInvite (or the group of entities of which KlickInvite itself is a part) without your consent. Parties with whom we may share your information:
● We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data, guest list) with a third-party. Third-parties may use this information for marketing purposes.
● We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
● We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
● We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties with whom you may choose to share your User Content:
● Any information or content that you voluntarily disclose by using the Service, such as User Content, becomes available to the public. Once you have created an account, User Content may be shared and viewed by others.
● Any User Content that you enter is searchable by others.
● If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties have copied or saved that information.
What happens in the event of a change of control:
● If we sell or otherwise transfer part or the whole of KlickInvite or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content.
Responding to legal requests and preventing harm:
● We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the India where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. HOW WE STORE YOUR INFORMATION
Storage and Processing:
● Your information collected through the Service may be stored and processed in India or any other country in which KlickInvite, its Affiliates or Service Providers maintain facilities.
● KlickInvite, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from Indian law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
● We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps to verify your identity before granting you access to your account. However, KlickInvite cannot ensure the security of any information you transmit to KlickInvite or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
● Please do your part to help us. You are responsible for maintaining the secrecy of your password and account information, and for controlling access to emails between you and KlickInvite, at all times. Your privacy settings may also be affected by changes the social media services you connect to KlickInvite make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
5. YOUR CHOICES ABOUT YOUR INFORMATION
Your account information and profile/privacy settings:
● Update your account at any time by logging in and changing your profile settings.
● Unsubscribe from email communications from us by clicking on the “unsubscribe link”
provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
● If you have any questions about reviewing or modifying your account information, please contact us directly at firstname.lastname@example.org.
How long we keep your User Content:
● Following termination or deactivation of your account, KlickInvite, its Affiliates, its third-party partners, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, marketing, and/or audit purposes.
● If you have any questions about termination or deactivation of your account, please contact us directly at email@example.com.
6. CHILDREN’S PRIVACY
KlickInvite does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under the age of 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
7. OTHER WEB SITES AND SERVICES
8. HOW TO CONTACT US ABOUT A DECEASED USER
In the event of the death of an KlickInvite User, please send us an email to the following email address: email@example.com. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.
9. HOW TO CONTACT US
What are cookies?
● To identify you
● To customize our site for you
● To help improve navigation
Most browsers are initially set up to accept cookies. If you prefer, you can set your browser to reject cookies. However, you will not be able to take full advantage of our web site if you do so.
1. You must be at least 13 years old to use the Service.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, KlickInvite prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to KlickInvite upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. You agree that you will not solicit, collect or use the login credentials of other KlickInvite users.
5. You are responsible for keeping your password secret and secure.
6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, central, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, artist and song information, works of authorship, applications, links and other content or materials (collectively, “Content”) that you or your friends submit, post or display on or via the Service.
9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or KlickInvite.
10. You must not access KlickInvite’s source files.
11. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any KlickInvite users.
12. You must not use domain names or web URLs in your username without prior written consent from KlickInvite.
13. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any KlickInvite page is rendered or displayed in a user’s browser or device.
14. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can ask us to deactivate your KlickInvite account by sending an email to firstname.lastname@example.org. If we terminate your access to the Service or you used the method detailed above, your photos, comments, information, guest information, invitations, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your invite url and view your invitation), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. We reserve the right to force forfeiture of any account for any reason.
7. You are solely responsible for your interaction with other users in the Service, whether online or offline. You agree that KlickInvite is not responsible or liable for the conduct of any user. KlickInvite reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or any other data within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. KlickInvite does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that KlickInvite is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if KlickInvite has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the KlickInvite Parties (defined below) harmless for activity related to the Application.
9. You agree that you are responsible for all data charges you incur through use of the Service.
10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with KlickInvite’s express consent).
1. KlickInvite does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to KlickInvite a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.
2. Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display information, email address, metadata, and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, email address, url, guest list, and/or photos (along with any associated metadata)) on your behalf.
3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
5. The Service contains content owned or licensed by KlickInvite (“KlickInvite Content”). KlickInvite Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and KlickInvite, KlickInvite owns and retains all rights in the KlickInvite Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the KlickInvite Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the KlickInvite Content.
6. The KlickInvite name and logo are trademarks of KlickInvite, and may not be copied, imitated or used, in whole or in part, without the prior written permission of KlickInvite. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of KlickInvite, and may not be copied, imitated or used, in whole or in part, without prior written permission from KlickInvite.
7. Although it is KlickInvite’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, KlickInvite reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by KlickInvite, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, KlickInvite encourages you to maintain your own backup of your Content. In other words, KlickInvite is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. KlickInvite will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
10. It is KlickInvite’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, KlickInvite does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that KlickInvite is free to use any such content, information,ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
1. We respect other people’s rights, and expect you to do the same.
2. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE KlickInvite PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE KlickInvite CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE KlickInvite PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE KlickInvite PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE KlickInvite PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE KlickInvite PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED INDIAN RUPEES (INR 100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KlickInvite’s ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE KlickInvite PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE KlickInvite PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” KlickInvite IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR REPRESENTATIVES, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Dispute Resolution – Arbitration
YOU AGREE THAT DISPUTES BETWEEN YOU AND KlickInvite WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH PROVISIONS OF INDIAN ARBITRATION AND CONCILIATION ACT, 1996 AS AMENDED FROM TIME TO TIME AND RULES FRAMED THEREUNDER. THE PLACE OF ARBITRATION SHALL BE NEW DELHI, INDIA AND PROCEEDINGS SHALL BE CONDUCTED IN ENGLISH. THE SOLE ARBITRATOR SHALL BE APPOINTED BY SHOBHA CARDS AND ARTS, DELHI. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES. AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with KlickInvite must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject KlickInvite to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that KlickInvite provides.