These Terms of Use govern the use of the website which is owned and operated by TWA Online Services Pvt. Ltd. a company incorporated under the Companies Act, 2013, having its office at F-402, 4th Floor, Plot No. D-1, Ras Vilas, District Centre, Saket, New Delhi - 110 017 (hereinafter referred to as 'KLIKLY', 'WEBSITE', 'Site', 'We' and 'Company') by persons accessing the website and availing the services as offered on the website 'http://www.klikly.in/' (hereinafter referred to as 'User', 'You' and 'Your') and Service Providers who are using the KLIKLY platform to offer their services to Users (hereinafter referred to as 'Service Providers'). The Users and Service Providers acknowledge and agree that KLIKLY provides a platform connecting the Users to service providers as per their requirement.

By accessing the website 'http://www.klikly.in/' you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by KLIKLY at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. You are obligated to consult these Terms Of Use regularly.

If, you do not agree to these Terms of Use, you are not authorized to use the Website provided by KLIKLY.

a) The Use of this Website is available only to individuals who are at least 18 years old and can form legally binding contracts under the applicable Indian law. By your use of this website you acknowledge and agree that you have attained the age of 18 years old and your use of the Website and KLIKLY's services offered through this website do not violate any applicable law or regulation. Your Account is liable to be terminated without any warning if we at our discretion, believe that you are under the age of 18 and are not complying with any applicable laws, rules or regulations.

b) To access the Website, users may be asked to provide registration details such as name, address, email id or other information directly or indirectly through intermediary platforms such as Facebook, Google etc. It is a condition of use of this Site that all the information provided by a user shall be correct, current, and complete. If KLIKLY believes the information provided is not correct, current, or complete KLIKLY has the right to refuse access to this site or any of its resources, and to terminate or suspend access at any time.

c) The User is solely responsible for maintaining the confidentiality of his or her own password and account and for any and all statements made and acts or omissions that occur through the user's account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may also not transfer or share their account with anyone, and upon knowledge of unauthorized transfer or sharing KLIKLY reserves the right to immediately terminate the user account.

d) KLIKLY has established a Privacy Policy that explains to Users how their information is collected and used. The Privacy Policy is to be read along with the Terms of Use set out herein. Your use of this Website is further governed by KLIKLY's Private Policy.

a) Users acknowledge and agree that you shall not
i. Commit to purchasing or using a Service offered by KLIKLY without making any payment.
ii. Agree to use a service when you do not meet the requirements as stated by the Service Provider on the Website or agree to purchase a service with the intention of disrupting the business of the service provider.
iii. Misuse any options made available by KLIKLY on its website in connection with the use and purchase of any Service.
b) You acknowledge and agree that you shall not violate any of the above referenced rules in connection with using a service on KLIKLY's website, KLIKLY shall in its sole discretion take any of the following actions: (a) cancel the Service Provider as requested by you, (b) limit the User's Account privileges and (c) suspend the Account of the User.
c) You acknowledge and agree that you may not post, send submit, publish, or transmit in connection with this site any material that:
includes proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavour (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g. conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers, or sponsors;
includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
d) You acknowledge and agree that you shall not send messages to other users containing (i) any offers to make national or international money transfers for amounts exceeding the asking price of a service, with an intent to request a refund of any portion of the payment or (ii) unsolicited advertising or marketing of a service which is not offered on the Website and is offered by an external website.
e) You acknowledge and agree that while availing services from the KLIKLY website you shall not:
Fail to deliver payment for the services purchased by you
Circumvent or manipulate the fee structure as provided by the service provider or KLIKLY, the billing process or fees owed to KLIKLY
Post false, inaccurate, misleading defamatory or libellous content
Post content or items in any inappropriate category or areas on the Website
Violate any laws, third-party rights, Account Policies or any provision of the Terms of Use, including the prohibitions as have been described above.
Provide a link to a third party website from where the user will obtain the services directly.
f) The service professional / provider agrees and acknowledges that he/she will not provide any information about himself / herself which is wrong and / or misleading with respect to various aspects including but not limited to title, location, qualification, degrees, keywords, etc. Further that no inappropriate words should be used. The service professional additionally agrees that he/she shall not provide a link to a third party website from where the user will obtain the services directly.
g) Users agree and acknowledge that KLIKLY can make any information available to third parties, if required for any purpose at the discretion of KLIKLY. A user may be removed from the portal without notice by KLIKLY in case it is found that the user is doing something fraudulent or misusing the website.

You may use this site for purposes expressly permitted by the website. You may not use this site for any other purpose, including any commercial purpose, without KLIKLY's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this website, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of KLIKLY. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute this site or content accessible within this site. You agree to co-operate with KLIKLY in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

a) The account which the user has created is meant specifically to be used by you and the same is not transferable and it is not allowed that someone else uses the same. If the account is used by someone else, it is presumed that the account concerned is being used by the actual user authorized to use the account. In case of any loss, damage etc. to the actual user is caused by the unauthorized user, "Klikly" is not liable for the same. You will not be allowed to download any material from the website, except with the prior written approval of the company.
b) The company will have the right to take corrective and penal measures if a fault is committed by the user.

Users and Service Providers agree and acknowledge that
a) KLIKLY is not obligated to maintain confidentiality of any and/or all the information submitted by you, including but not limited to profile, offers, suggestions, feedback etc. and shall not be liable for the same including any information given by the user to locate a professional.
b) Any information shared by you is used by the website with your express consent for the purpose fixed. By submitting the personal information about yourself, you expressly consent in unequivocal terms that the same can be used by third parties in the manner deemed fit and proper in the given facts and circumstances.

a) KLIKLY respects the intellectual property rights of others, and we prohibit users of our Site from submitting, uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights.
b) Trademarks, service marks, copyrights, logos etc. (collectively as "IP") appearing on the Site are the property of KLIKLY or the party that provided the respective IP to KLIKLY. Any IP including pictures, videos, logos or any other material that has been uploaded by KLIKLY with a particular listing of a service provider is being done so on a fair use basis to deliver a review of the service so provided. In the event the owner of the said IP does not consent to the continued use of the same, a written request should be sent by the owner of the said IP to KLIKLY and KLIKLY shall process this take down request as per the Complaints and Sanctions Procedure herein below. KLIKLY and any party that provided its IP or consented to its use by KLIKLY retain all rights with respect to any of their respective IP appearing on the Site.
c) KLIKLY owns the Site, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, the User may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and its Content are retained by us.

a) You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray KLIKLY or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. KLIKLY may revoke this limited right at any time. You may not use a KLIKLY logo or other proprietary graphics of KLIKLY to link to the Site without the express written permission of KLIKLY. Further, you may not use, frame or utilize framing techniques to enclose any KLIKLY trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without KLIKLY's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of KLIKLY or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of KLIKLY or any third party without the prior written permission of KLIKLY or such other party that may own such patent, trademark, copyright or other proprietary right(s).
b) The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. KLIKLY does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. KLIKLY provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply KLIKLY's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. KLIKLY accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

a) The company is not responsible for any dispute between the service user and the service provider / professional. Such disclaimer of liability includes but is not limited to quality of service, excess charges by the professional, delay in service etc. etc.
b) The website makes no representations or warranties about the accuracy, reliability, completeness, current status and/or timeliness of any content, information, software, data, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Using the website will be sole discretion and risk of the user. Though adequate precautions are taken, some typographical errors may still have crept in in the contents of the website, "Privacy Policy" or the "Terms And Conditions" or other places in the website, for which the website / company is not liable in any way. The user is advised to check the accuracy of the information provided. Consequently, the website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms and Conditions. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses other items of a destructive nature.
c) You expressly understand and consent to the fact that use of all the services over the website and all figures, rates, information, products, data (including that of third parties) accessible from the service is at your sole risk and responsibility. The information is on "as is" and "as available" basis. The company disclaims all warranties of any kind as to the service and all other all figures, rates, information, products, data (including that of third parties) included or displayed over the website and also whether the all figures, rates, information, products, data (including that of third parties) are for a particular purpose or not.
d) There is no warranty that the service will meet the requirements or expectations (even legitimate), the results and the outcomes will be accurate, perfect and reliable; the service will be timely and error-free, uninterrupted and secure. You are solely and exclusively responsible for any damage caused to the computer resource, computer system, laptop and the gadgets of the like after using the website or downloading something from it. It is also clarified that no information provided by the company, whether through e-mail, oral, written, whatsapp or any other mode of communication will create any warranty until and unless expressly provided for in the terms and conditions.
e) The company would not be liable for any loss or damage etc. even if the service provider / service user has been advised of the possibility of such loss or damage etc. resulting from or a consequence of using the service in any manner whatsoever or relating to the service.
f) The website is not responsible for any illegal, derogatory, defamatory materials posted over its website by any user or person.
g) You are advised to use your judgment and discretion whether to avail the services of a service provider / professional or not, apart from using your discretion whether to use the website or not.
h)The users understand and accept that if any data / information provided by the users is leaked by any third party, whether that third party has tie-ups or links with KLIKLY or not, the leakage or the consequences of leakage is not the responsibility of KLIKLY. Though KLIKLY takes will take all reasonable steps to protect leakage of any data (except to the extent permitted as per the policies), it cannot prevent such leakages of data / information where dissemination of data is beyond KLIKLY’s control..
i)User(s) agree that under no circumstances will he / she / they write or comment any abusive language, defamatory words or things against KLIKLY in any social media or wherever the users are eligible to write. Users also agree that no settlement entered into between Klikly & user will be displayed over the said media spaces or through any mode of communication.
j)Any assurance, representation or warranty made by KLIKLY on behalf of the service providers with respect to quality, time of completion of service or discounts etc. is made on the basis of the assurances, representations or warranties made by the Service Provider to KLIKLY. Non-compliance or non-fulfillment of any of the assurances, representations or warranties is / are not the responsibility of KLIKLY. KLIKLY cannot be held liable in any manner for any such default.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. KLIKLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. KLIKLY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLIKLY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. AND KLIKLY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE USER AND NOT KLIKLY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KLIKLY MAKES NO WARRANTIES THAT THE USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR HACKING & ACCIDENTAL LEAKS, ERRORS OR OMISSIONS IN SUCH CONTENT.
a) You acknowledge and agree that all of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and KLIKLY does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
b) You acknowledge and agree that all KLIKLY disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. KLIKLY may however review, delete or block access to communications that could harm KLIKLY, its customers, users of the website or third parties.
c) You acknowledge and agree that the grounds on which KLIKLY may take such action include, but are not limited to, actual or potential violations of our Terms of Use and/or Privacy Policy.
d) You acknowledge and agree that KLIKLY reserves the right to revise our policies or terms of use at any time. That the notification of all amendments will be displayed publicly on our website and it is your responsibility to check our website periodically to ensure you stay informed of any change.
e) You acknowledge and agree that all logos and/or registered trademarks displayed on any part of the KLIKLY website are the property of their respective copyright owners. If you have reason to believe that any form of Intellectual Property or Copyright infringement has occurred in any part of our website please contact Mr. Siddharth Vig at siddharth.vig@anika.in.

KLIKLY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DELAY, DISRUPTION OR DEFECTS IN THE ONLINE PAYMENT FACILITY OR ANY DAMAGE, LOSS, EXPENSE OR DETRIMENT CAUSED BY A DEFECT IN THE ONLINE PAYMENT FACILITY OR SIMILAR DAMAGES, EVEN IF KLIKLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KLIKLY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO KLIKLY OR ITS SUBSIDIARIES SUCH AS SERVICE PROVIDERS, LICENSORS ETC FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
THE WEBSITE IS NOT RESPONSIBLE FOR ANY DISPUTE BETWEEN THE SERVICE PROVIDERS / PROFESSIONS AND THE SERVICE USERS. THE WEBSITE IS NOT RESPONSIBLE FOR ANY DISPUTE BETWEEN / AMONGST THE SERVICE USERS, NOR AMONGST SERVICE PROVIDERS / PROFESSIONALS WHO ARE USING THE WEBSITE. NO AGENCY, PARTNERSHIP OR EMPLOYMENT ETC. IS CREATED BETWEEN THE USERS AND THE WEBSITE AND THE WEBSITE IS NOT A PRIVY TO ANY CONTRACT FOR / OF SERVICE BETWEEN VARIOUS USERS OF THE WEBSITE, EITHER EXPRESS OR IMPLIED.

You will indemnify and hold KLIKLY, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

KLIKLY may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your KLIKLY account at any time by following the instructions available through the Service. The provisions of these Terms of Use relating to the protection and enforcement of KLIKLY's proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

The effectiveness, construction and enforcement of this Agreement shall be governed by Indian laws. The Parties hereby submit to the exclusive jurisdiction of the courts of New Delhi in respect of any dispute arising in connection herewith.

Any disputes, difference or claim arising between the parties out of or in relation to or in connection with the Terms of Service, or the breach, termination, effect, validity, interpretation or application of this agreement as to their rights, duties or liabilities here under, shall be settled by the parties by mutual negotiations and agreement.
If for any reason, such dispute cannot be resolved amicably by the parties, the same shall be referred to and settled by way of arbitration proceedings, through reference to a sole arbitrator. The Act applicable to any or all of the proceedings arising out of this Agreement shall be the Arbitration and Conciliation Act, 1996 as amended from time to time.

If any term, clause, or provision herein is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.

Neither KLIKLY nor the User may assign this Agreement or the rights and obligations here under to any third party without the prior express written approval of the other party which shall not be unreasonably with held.

The failure of KLIKLY to enforce any provisions of the Agreement or respond to a breach by you or other parties will not in any way waive KLIKLY's right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

Please contact Mr. Siddharth Vig at siddharth@klikly.in for any queries, feedback or complaints you might have or report any breaches of the Terms of Use or our Privacy Policy.