Terms & Conditions
For information on how to use the service or for a simple cancellation of your membership, please see our help section. If you have any questions, please contact our customer care team.
1 INTRODUCTION
a. These Terms & Conditions are between Piyah app (“Piyah”, “we”, “us”, or “our”) and you (“you”, “your”, or “yourself”).
b. We are proud to provide online personals services for matrimonial matchmaking.
c. These Terms & Conditions, combined with our Privacy Policy, form a legally binding Agreement between you and us (“Agreement”).
d. Piyah app is responsible for the content of this website/app.
e. The Agreement, as it may be amended from time to time, applies to all users of any our Services.
f. If you become a member, you will be able to access the Services associated with the Piyah product(s) for which you hold a Membership.
g. The Agreement also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that:
• we own and control and make available to you; or
• also post a link to this Agreement.
h. You are reminded to abide by all applicable laws. You also undertake not to use our Services for unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically offensive purposes (or for purposes which are otherwise objectionable).
i. If you violate these Terms & Conditions, we may terminate your access to our Services.
2 DEFINITIONS
a. In these Terms & Conditions:
i. “Apps” refers, individually and collectively, to each and all of the Mobile Apps, Desktop Apps, and Web Apps.
ii. “Member” means any person whose Membership has been accepted by the Piyah App and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.
iii. “Membership” means your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a free Membership or a paid Membership (and the relevant Piyah product for which you have a Membership).
iv. “Mobile Apps” means the Android application and the iOS application or any other mobile/tablet device software applications published by the Piyah and which may be offered from time to time.
v. “Privacy Policy” means the privacy policy available here, which combined with the Terms & Conditions represent the Agreement between you and the Piyah.
vi. “Services” means any and all of the services provided by the Piyah by any means (including, but not limited to, the Websites, the Apps, or any other technology).
vii. “Terms & Conditions” means these terms and conditions which, together with the Privacy Policy (within), represent the Agreement between you and the Piyah, as varied and as amended by the Piyah at its full discretion at any time and published on the Websites.
viii. “User” means any Member and/or Visitor.
ix. “Visitor” means any person who browses the Services.
x. “Web Apps” means the web applications published by the Piyah and which may be offered from time to time.
xi. “Website(s)” means, individually or collectively, the websites operated by the Piyah.
As the context may require, words in the singular may be read as the plural and the plural as the singular.
3 YOUR PRIVACY – COLLECTION AND RETENTION OF PERSONAL INFORMATION
a. We explain what we do and don’t do with your data in our Privacy Policy.
b. We do not always encrypt your messages, and we reserve the right to monitor those messages and other content for compliance with our Terms & Conditions (for example, where the content of your messages is reported for breaching our Terms & Conditions).
4 ACCOUNTS AND SECURITY
a. To access the Services, you must have an account.
b. You must maintain, and are responsible for, the confidentiality of your logon and password.
c. If requested, you must provide us with a form of identification to verify your identity.
d. The Services are open to everyone – subject to approval of an application by the Piyah according to these Terms & Conditions.
e. The Piyah requires all Users to undertake to abide by the Privacy Policy and these Terms & Conditions, including, in particular, by agreeing to the Code of Conduct at Section 6 below.
f. You may not use our Services if:
i. You are under the age of 18. Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information;
ii. You have ever been convicted of a violent or sexually related criminal offence. We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Piyah cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with Person/ Family members. For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place.
iii. You have previously been banned from using our Services or similar services. The Piyah cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organized by the Piyah or by others using the Services.
5 CONDITIONS OF ADMISSION
a. You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services. b. If you do not accept the Privacy Policy and these Terms & Conditions, you are not entitled to access our Services. c. If you:
i. use our Services;
ii. click to join and/or sign in; and/or
iii. check a box to indicate you agree to these Terms & Conditions, (as may be the case),
iv. we will take this as your acceptance of these Terms & Conditions and your agreement to their content.
d. The Piyah reserves the right to offer admission to its Services in its full discretion.
e. By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
6 CODE OF CONDUCT
a. Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions.
b. Each User irrevocably undertakes to refrain from:
i. Discrimination on the basis of a User’s real or supposed: age, race, color, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;
ii. Using the Services for any professional or commercial purposes, whether directly or indirectly, including offering, soliciting, or promoting chargeable goods or services or financial compensation.
iii. Engaging in any illegal activity whatsoever using our Services;
iv. Posting any content or making any statement in any form which:
1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
3. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
4. is defamatory, obscene, pornographic, vulgar or offensive;
5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6. is violent or threatening or promotes violence or actions that are threatening to any other person;
7. promotes illegal or harmful activities or substances;
8. contains a link to any of content associated with the above prohibitions;
9. is otherwise contrary to applicable laws and regulations; and
v. Disseminating any personal information of any other User, including any contact details or similar, without that User’s consent.
c. Each User undertakes to report any abuses to the Piyah, as well as any improper comments or conduct by other Users.
d. We conduct regular inspections of the use of our Services, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publicly or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
e. We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
f. We may exclude or remove any User from its Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases.
7 CONDITIONS OF ACCESS
a. You shall/may select a username when signing up to our Services.
b. When you sign up, you become a Member of the particular brand of the Services for which you have registered.
c. Your username and the password shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing.
d. All Users undertake not to use another Member’s username or password, or any other personal information of another User.
e. Any breach of these provisions may lead to the cancellation of a Member’s Membership, without prejudice to the liability incurred by the relevant Member due to the use of the username and/or password by another Member or third party.
f. Each Member shall/may take care not to disclose strictly personal information.
g. We will take any necessary measures to stop fraudulent behavior, including to prevent the sharing of usernames or passwords.
h. We reserve the option of removing:
i. information published or present on the Websites/app for more than 12 months;
ii. the account of a Member which has not been used for more than 12 months after the end of a subscription or has never been used after admission to Membership, after verification that no subscription is in progress;
iii. accounts that we consider are duplicate to another on our network.
i. Each User undertakes not to carry out any action that is likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software applications, etc.
8 PAID FEATURES
You may purchase a paid Membership for one or more of the products offered by the Piyah App. Your paid Membership will only give you access to the particular Piyah product for which you have registered. The price and payment procedures are permanently accessible on the Mobile apps. All prices stated include all relevant local taxes.
We reserve the right to change/alter the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures).
There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to the Terms & Conditions.
If you do not pay any amount due pursuant to these Terms & Conditions: We reserve the right to suspend your access until such time as the outstanding payment is received or to terminate the contract without prior notice.
We may, from time to time, offer paid features through other service providers, such as the Apple app store or the Android market (each, an “App Store”). Such paid features may be subject to other payment conditions and other conditions than those in these Terms & Conditions. The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store.
9 AUTOMATIC RENEWAL
We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law) as per the Google Play Store and Apple App Store policies. When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, CHOOSE THE APPROPRIATE OPTION AT THE TIME OF PAYMENT OR CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.
10 CANCELLATION AND WITHDRAWAL
a. Cancellation must take place according to the relevant Cancellation methods employed by the Google Play, Apple App Stores, Stripe and/or any other relevant applicable carrier and/or payment gateway.
11 CANCELLATION OF YOUR MEMBERSHIP BY THE PIYAH
a. If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.
b. If we cancel a Member’s Membership in our sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall/may be entitled to a refund for the period remaining to elapse until the expiry of the account.
12 TECHNOLOGY REQUIREMENTS
a. The technology you use to access our Services may be required to meet minimum specifications provided by us.
b. We may/shall require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites and/or the Services) at any time in our sole discretion.
c. You acknowledge and agree that we have no obligation to:
i. make any subsequent versions of the Apps available to you;
ii. make the Apps, the Websites and/or the Services available to you; and
iii. continue to support the Apps, the Websites and/or the Services in any way. You acknowledge that your access to the Apps, the Websites and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Websites and/or the Services at any time.
13 TERMS AND CONDITIONS – UPDATES AND AMENDMENTS
a. The Piyah may/can update and amend these Terms & Conditions at any time and the Piyah will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions for the further usage of Services If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.
14 PROVISION OF THE SERVICE
a. You acknowledge and agree that the Piyah can make changes to, or stop providing, the Apps, the Websites and/or the Services, or restrict your use of the Apps, the Websites and/or the Services, at any time without notifying you in advance.
b. You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites and/or the Services.
c. You acknowledge and agree that the Piyah can disable or deny you access to the Apps, the Websites and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Piyah suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Piyah disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.
15 LICENSE, RESTRICTIONS AND CONDITIONS OF USE
a. Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, Piyah hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to: install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Piyah’s minimum specifications; install any or all of the Desktop Apps on one or more computers which are owned by you, are under your control and which meet the Piyah’s minimum specifications; and view, review and utilize the Apps and any related information provided to you by Piyah.
b. You agree not to access, or attempt to access, the Services by any means other than through the Websites or the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).
c. You agree that you will not, in connection with your use of the Apps, the Websites and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.
d. You shall not connect to or use the Apps, the Websites and/or the Services in any way that is not expressly permitted by these Terms & Conditions.
e. You may not:
i. remove any proprietary notices from the Services or any copy of software provided to you by the Piyah (“Software”);
ii. cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, the Services or any Software;
iii. sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Services or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Piyah; or
iv. make any false, misleading or deceptive statement or representation regarding the Piyah and/or the Apps, the Websites or the Services.
f. Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:
i. engage in any activity that:
1. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
2. is defamatory, obscene, pornographic, vulgar or offensive;
3. is violent or threatening or promotes violence or actions that are threatening to any other person; d. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; e. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
4. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
5. constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or
6. is otherwise contrary to applicable laws and regulations;
ii. disseminate any personal information of any other User, including any contact details or similar, without that User’s consent;
iii. institute, assist, or become involved in any type of attack, including, without limitation, denial of service attacks, upon the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);
iv. attempt to obstruct, disrupt or interfere with the operation of the Apps, the Websites and/or the Services or any other person’s or entity’s use of the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);
v. attempt to gain unauthorized access to the Apps, the Websites, the Services, accounts registered to other Users, or any servers, systems or networks connected to the Apps, the Websites and/or the Services;
vi. use the Apps, the Websites and/or the Services to
1. develop, generate, transmit or store information that is unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offence; or
2. perform any unsolicited commercial communication not permitted by applicable law.
g. Each User undertakes to report any abuses to Piyah, as well as any improper comments or conduct by other Users.
h. We conduct regular reviews of the use of our Services from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publicly or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
i. We can contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
j. Piyah may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section 15 or any other terms of these Terms & Conditions.
k. We may exclude any User from, or terminate any User’s access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and Piyah has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.
16 LINKS TO OTHER WEBSITES
a. Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience.
b. Piyah has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.
c. If you choose to access Other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Sites.
d. Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, Piyah does not make any representations or warranties in respect of or endorse the products or services advertised.
17 INTELLECTUAL PROPERTY
a. All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered)) in:
i. our Services;
ii. Subject to clause 17(c), information content on our Services; and
iii. All the design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of our Services, are owned by or licensed to Piyah. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
b. None of the material listed in clause 17(a) may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of Piyah. You may, however, retrieve and display the content of our Services on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the materials or content on our Services without the express prior written permission of Piyah.
c. Title, ownership rights and intellectual property rights in and to content accessed using our Services is the property of the applicable content owner or supplier and may be protected by applicable copyright, trademark or other law. Subject to the limited rights described in clause 17(b), this Agreement gives you no rights to such content.
d. The authors of the literary and artistic works in the pages in our Services have asserted their moral rights to be identified as the author of those works.
e. Any material you transmit, post or submit to the Piyah either through our Services or otherwise (Material) shall be considered (and the Piyah may treat it as) non-confidential (subject to the Piyah’s obligations under privacy legislation). You grant the Piyah a royalty-free, perpetual, irrevocable, non-exclusive sublicensable license to use, copy, modify, adapt, translate, publish and distribute world-wide any Material which are set out below.
f. All comments, suggestions, ideas, notes, drawings, or concepts in which intellectual property rights subsist which are disclosed or offered to the Piyah by you or offered in response to solicitations by the Piyah regarding our Services (Ideas) shall be deemed to be and shall remain the property of Piyah and you hereby assign all existing present and future intellectual property rights in ideas, to the Piyah. You must do all things reasonably requested by the Piyah to assure further the assignment of such rights. You understand and acknowledge that the Piyah has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that the Piyah is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and the Piyah assumes no obligation, express or implied by considering it. Without limitation, the Piyah will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial, or otherwise without compensation to the provider of the Ideas.
18 DISCLAIMER OF WARRANTIES
a. You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk.
b. The Apps, the Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).
c. To the maximum extent permitted by applicable law, Piyah expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.
d. Piyah makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Websites and/or the Services.
e. Piyah does not represent or warrant that:
i. you will be able to access or use the Apps, the Websites and/or the Services at the times or locations of your choosing;
ii. that operation of the Apps, the Websites and/or the Services will be uninterrupted, timely, error-free;
iii. your use of the Apps, the Websites and/or the Services will meet your requirements;
iv. defects in the operation of the Apps, the Websites and/or the Services will be corrected; or
v. the Apps, the Websites and/or the Services is free of viruses or other harmful components.
f. You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.
g. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, Piyah expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.
19 LIMITATION OF LIABILITY
a. To the maximum extent permitted by applicable law, Piyah, its subsidiaries or holding Piyah, any subsidiary of any such holding Piyah, affiliates, successors, assigns, and their respective employees, agents, directors, officers and shareholders, whether individually or collectively (the “Related Parties”) shall not be liable to you, under any contract, tort (including negligence), strict liability or other legal or equitable theory, amongst other things:
i. Any direct, indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the Apps, the Websites and/or the Services, or affiliated services, even if Piyah and/or the Related Parties have been advised or should have been aware of the possibility of any such losses or damages
ii. The cost of procurement of substitute goods, services or technology; or
iii. The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Apps, the Websites and/or the Services.
b. Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such jurisdictions, the liability of the Related Parties shall be limited to the fullest extent permitted by law.
c. In all cases, the Related Parties will not be liable to you for any loss or damage that is not reasonably foreseeable.
e. Nothing in these Terms & Conditions limits or excludes the liability of the Piyah for:
i. any death or personal injury caused by its negligence;
ii. any form of fraud or deceit performed by the Piyah;
iii. any damages caused wilfully;
iv. any form of liability which cannot be limited or excluded by law.
20 INDEMNIFICATION
a. You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:
i. any of your data posted or otherwise provided on the Services;
ii. your Material;
iii. your use of the Services and your activities in connection with the Services, including your communications and meetings with Members you meet through the Services;
iv. your breach or alleged breach of this Agreement or any additional terms;
v. your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services;
vi. information or material transmitted through your computer or other devices, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;
vii. any misrepresentation made by you; and
viii. the Related Parties’ use of the information that you submit to us (including your Material) (all of the foregoing, “Claims and Losses”).
b. You will cooperate as fully required by Related Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Related Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Related Party.
21 GOVERNING LAW; JURISDICTION
a. The laws applicable to the interpretation of these Terms & Conditions shall be the laws of Pakistan and excluding principles of conflict of laws. Our services are exclusively in Pakistan unless changed later on.
b. Save as set out below, you irrevocably submit to the exclusion jurisdiction of the Pakistan courts.
c. The governing law does not impact your rights as a consumer according to the consumer protection laws and regulations of your country of residence.
d. You acknowledge and agree that Piyah would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
22 GENERAL
a. These Terms & Conditions and the Privacy Policy contain the entire Agreement between you and Piyah. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
b. The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.
c. No waiver by the Piyah of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
d. The Piyah may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Piyah’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
e. Clauses 17 to 24 inclusive will survive termination or expiration of this Agreement.
22 Force Majeure
i. For the purposes of this clause 24.6, “Force Majeure Event” means any act or event beyond the reasonable control of Piyah, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
ii. Piyah will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.
iii. In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.
23 SMS CAMPAIGNS
Piyah sms campaign allows members to confirm their phone number during the signup process; Message frequency varies; Message and data rates may apply; Reply HELP for help; Reply STOP to cancel; Carriers are not liable for any delays or undelivered messages.
24 Information Collection and Use
For a better experience, while using our different Services, we may require you to provide us with certain personally identifiable information. The information that we request will be retained by us and used as described in this privacy policy.
The website and apps do use third-party services that may collect information used to identify you. Privacy policy of third-party service providers used by our website and apps may be accessed from their respective websites. These third-party service providers are:
• Apple App Store Services
• Google Play Services
• Google Analytics for Firebase
• Firebase Crashlytics
• Log Data
We want to inform you that whenever you use our Services, in a case of an error in the apps we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
25 Security
We value your trust in providing us with your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
26 Children’s Privacy
Our Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.
27 Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at marriage@piyahapp.com.
