This website www.uniquesikhbabynames.com as well as the mobile application Unique Sikh Baby Names is owned by Dukantastic Retail apps Pvt Ltd, operating in the name and style of UniqueSikhBabyNames. Please read these Terms of Service carefully before accessing or using our website or mobile application. You can review the most current version of the Terms of Service at any time on this page.
Please note that the website is being made available for informational purposes alone, and all Services, including without limitation, the ones pertaining to the Product shall be available solely through the Application, unless expressly stated otherwise.
For the purposes of these Terms, as amended, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the services provided by Unique Sikh baby Names, or who browses or accesses this mobile application.
"Application" shall mean the mobile application.
"Agreement" shall mean and refer to this Terms, including any amendments that may be incorporated into it and other Policies available on our Application.
"Fees" shall mean consideration payable for Subscription.
"Intellectual Property Rights" shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property of the rights concerned including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
"Malicious Code" shall mean code, files, scripts, or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses. Additionally, any file, script, program, browser plug-in, browser helper or extension, or any robot or application designed to scrape and collect data or automate the entry of data shall also be deemed Malicious Code.
"Product" shall mean and refer to then current compilation of most liked and unique names being made available through the Application.
"Services" shall mean all services being made available by and through the Application, including without limitation, Subscription to the Product.
"Subscribe / Subscription" shall mean the access being granted to the Product and the Application.
"Third Party" shall mean and refer to any natural or legal persons apart from the User and Dukantastic Retail apps Pvt Ltd.
"Use" shall mean directly or indirectly load, execute access the Product, or display information resulting from such capabilities, including but not limited to employing the proprietary information made available to the customer.
"We", "Us", "Our" shall mean Dukantastic Retail apps Pvt Ltd.
We may change these Terms at any time, as we reasonably deem appropriate. Upon any change in these Terms, we will post the amended agreement on the website / Application with notice of the changes. Your continued use of the Application and/or the Services following such change shall constitute your affirmative acknowledgement of the Terms, the modification and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following receipt of notification of any modifications hereto, then do not use the Application.
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Application, and the users of new services will be governed by these Terms. You agree that Dukantastic Retail Apps Pvt Ltd will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
Subject to Terms, the User is hereby granted a non-exclusive, non-transferable license to use the Application and other proprietary information till such time as allowed in accordance with validity of the Subscription Plan. ("Licensor") may modify the Terms at any time. Your continued use of the Application, the Product and/or data derived therefrom shall constitute your acceptance of such revised Terms.
The Licensor may at any time assign, transfer or novate all or any part of the Terms (including its rights and obligations) to any other person without the consent of the licensee.
The Licensee/User acknowledges the proprietary nature of the Application and the Product, its architecture, logic, data sources and processes and shall do everything within its control to protect its confidentiality.
Licensee shall not have the right to change, alter, copy, amend, reverse engineer, decompile, disassemble, publish, disclose, display or make available, in whole or in part, or otherwise use the Product in any manner whatsoever, except as specified herein, and as per the terms of the Subscription.
Dukantastic Retail apps Pvt Ltd, its affiliates, and licensors shall retain all right, title, know-how, and other proprietary and intellectual property rights in the Application and the Product. The Licensee does not acquire any rights in the Product, except as specified and granted in the Terms, and shall not remove any proprietary, copyright, patent, trademark, design right, trade secret or any other proprietary rights legends from the Product.
Licensee shall not modify, resell, distribute, or create derivative works based on the Product or any part thereof.
No other rights are granted except as expressly set forth in the Terms. Subscription shall not amount to sale and does not convey any rights or ownership in, or to, the Product or the contents thereof, save, where the Subscription package includes the ‘Name Lock’ feature of the Product. We own all right, title, and interest, including all intellectual property rights, in and to the Services and the underlying Product and the Application, and any and all updates, upgrades, modifications, enhancements, content, improvements or derivative works thereof, and in any idea, know-how, and programs developed by us.
In the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘consent’ as per the Information Technology Rules, 2011, you are not eligible to register for, use or avail the Services.
Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this website / Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other or no reason. You may access your account from only one platform at a time.
To access certain features or areas of the Application, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Application are only available to our registered users, and to access those areas you will be required to log in using your username and email password.
During registration, You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, (b) maintain and promptly update your data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Application, the Product, or any portion thereof.
You retain sole responsibility for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and ensure that you exit from your account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of (mis)use of your account, username or password, by a third party, with your knowledge or otherwise. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.
You shall not transfer your account to another person, and you may not use anyone else’s account, at any time without the permission of the account holder.
In the event you forget your password, you must reset the same through the Application alone. We shall not be under any obligation to reset your password.
By using this Application, it is deemed that you have consented to receiving communications through, without limitation, telephonic calls, SMSs, mobile application notifications, and/or emails. Such communications shall be sent to you on the telephone number and/or email id provided by you for the use of this Application / for the Subscription. Such communication may be for purposes that inter alia include clarification calls, marketing calls and promotional calls.
Unique Sikh Baby Names App allows you to post content. Any content that you post / share or otherwise make available on or through the Application, including all content related to software codes is "User Generated Content". You retain all rights in, and are solely responsible for, any and all User Generated Content you post to Unique Sikh Baby Names App, subject to the Terms. It is hereby clarified that we play no role in User Generated Content.
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data and content that You submit for Your use of the Services; (ii) use efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify Us promptly of any unauthorized use or security breach; (iii) comply with all applicable local, state, central, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services; (iv) to the extent applicable, comply with all applicable rules of credit card associations (including American Express, MasterCard and Visa); and (v) obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges (e.g., ISP fees) incurred by You in connection with Your use of the Services.
You grant Dukantastic Retail Apps Pvt Ltd, its affiliates and concerns, a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to store, display, reproduce, and distribute your User Generated Content on Unique Sikh Baby Names App for the purposes of operating, developing, providing Unique Sikh Baby Names App services and for our internal purposes. Nothing in these Terms shall restrict other legal rights Dukantastic Retail Apps Pvt Ltd may have to User Generated Content under other licenses. We reserve the right to remove User Generated Content for any reason, including a violation or an apparent violation of these Terms, as we may solely determine. However, we do not retain the right to modify any User Generated Content, and shall not access the User Generated Content, in the event such access is not required for the purposes of the Services rendered.
Our Use of Anonymous Data. You agree that Dukantastic Retail Apps Pvt Ltd may use the data generated by and stored on Our servers anonymously, for Our own internal business purposes, including but not limited to the development of anonymous marketing and sales collateral materials, statistical analysis of data, and publication solely in an aggregated form of operating data in industry benchmark reports. You shall at all times retain ownership of Your data.
Following termination or deactivation of your account, or your removal of any User Generated Content from Unique Sikh Baby Names App and its servers, we may, but shall not be bound to, retain such Content for a commercially reasonable period of time for backup, archival, or audit purposes. It is specified that Dukantastic Retail Apps Pvt Ltd shall have the right to remove all User Generated Content following termination or deactivation of your account.
All information, content, Product, Services displayed on, transmitted through, or used in connection with the Application, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), save third-party or user generated content, is owned or licensed by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use, and solely in accordance with the Terms, and the Subscription.
You may not republish any portion of the Content on any internet, intranet or extranet website or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy the Content without permission. You agree not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
The website and the Application may contain advertisements or other promotion content pertaining to third-parties, including text, photographs, images, illustrations, audio clips, video clips, or any combination thereof.
You shall pay all applicable Fees for the Services, in accordance with the Subscription package availed by you, subject to the services/subscription specific terms, as applicable. Please note that Dukantastic Retail Apps Pvt Ltd does not have a GSTIN and we will not add goods and services tax to any invoice generated by us for the Services. However, should a user have GSTIN, and desires to ensure that details of such GSTIN are made available in the relevant invoice(s), such an invoice shall be provided, subject to the user paying goods and services tax by way of the reverse charge mechanism. It is hereby specified that at no point shall we be under an obligation to pay goods and services tax as a result of the User availing the Services.
Please note that payment of all Fees towards the Services shall be solely through the payment options made available on the Application. We reserve all rights to alter, at any time, the payment options available.
It is hereby specified that we shall be under no obligation to refund, in whole, or in part, any subscription amount paid by the User to avail Services. It is specified that we retain all rights to alter the subscription amounts payable by the User, at all points in time. It is clarified that this right shall be exercisable solely at the discretion of Dukantastic Retail Apps Pvt Ltd.
You are responsible for all activities that occur under your use of the services.
The User undertakes to fulfill the following obligations, the failure to satisfy any of which gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us or incurred by us.
You may not, and You shall ensure Your authorized users do not,
Cut, copy, recreate, reverse engineer, or create derivative works from, transfer, or sell Content.
Access (or attempt to access) the Application and/or the materials on any network by any means other than through the interface that is provided. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited.
use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise Unique Sikh Baby Names App’s Services.
use the modules, features, or information made available through Unique Sikh Baby Names App to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
use the modules, features, or information made available through Unique Sikh Baby Names App to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
engage in any activity that interferes with or disrupts access to the Application, the Product, or the Services (or the servers and networks which are connected to the Application);
probe, scan or test the vulnerability of the Application or any network connected to it, nor breach the security or authentication measures on the Application or any network connected. You may not reverse look-up, trace or seek to trace any information on any other user of the Application, the Product, or our Services, or exploit the information made available or offered by or through the website / Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as required;
disrupt or interfere with the security of, or otherwise cause harm to, the systems resources, servers or networks connected to or accessible through the Application or any affiliated or linked applications;
violate any applicable laws or regulations for the time being in force within or outside India;
license, sub-license, sell, rent, assign, distribute, time share transfer, lease, loan, resell, distribute or otherwise commercially exploit, grant rights in or make the Services available to any third party;
threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence or investigation of any offence or is insulting any other nation;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; or
use the Services to transmit infringing, libelous, obscene, threatening, Malicious Code, or otherwise unlawful, unsafe, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW :
We do not guarantee, represent or warrant that your use/access of Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Application will be accurate or reliable. You agree that from time to time we may remove the website / Application for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk.
The Services, Application, and the Product delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, originality, fitness for a particular purpose, durability, title, and non-infringement.
WE MAKE NO REPRESENTATION THAT :
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE APPLICATION IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE APPLICATION. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
In no event shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensor be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, the Product, or for any other claim related in any way to your use of the Application, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Application, Service or any Content or Product, posted, transmitted, or otherwise made available, even if We have been advised of such possibility.
You agree to indemnify, defend and hold harmless Dukantastic Retail Apps Pvt Ltd and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
All names and the Services shall be made available on the Application alone, and no requests shall be entertained to grant access to the services or the Product in a manner not designed by us.
The display of names as a result of a particular Subscription to the Product is based on the choices made by you, such as, without limitation, the choice pertaining to alphabets and gender. These choices are irreversible and will affect the type of names displayed to you. Kindly choose with caution. There shall, however, be no restriction on the number of subscriptions you choose to avail. Thus, in the event you desire, you may avail names pertaining to multiple alphabets, or both genders, upon payment of the requisite Fees for each alphabet and gender.
The name lock feature is available to select users and shall be at the discretion of the Company. Should you desire to avail this feature, you may contact us at [email protected] Please note that the feature is available to users subscribing to specific plans.
The display of the meaning of any particular name in a given language shall be based on the manner in which the name is written in that language, as per commonly used meanings, phrases, expressions. As with linguistics, it is possible that any meaning ascribed to a particular name on the Application is different from the one ascribed by a third-party. It is hereby specified and clarified that all representations and warranties pertaining to the names, the Product, and the Services, are based on the inference drawn by us, which shall be binding over inferences drawn by the user or third parties, in the event of a dispute, or otherwise.
The unique name check feature offered on the Product or as part of the Services is based on the results of a google or other third-party internet search, and the inferences drawn therefrom by us. If a particular name, ascribed as unique, is displayed to the User, it does not mean that such a name has not been displayed to other users. The extent of representation made with respect to the unique name feature is that, on the day the name ascribed as unique is displayed to the user, the results of a Google or third-party internet search lead us to believe that the name does not relate to any social media or other online presence generally present in the event the name in question has been used to refer natural persons alive at the time of the search.
However, as these names are displayed to other users as well, we cannot guarantee, and a user should not expect, that the name shall remain unused (as afore-stated).
Your access to the Application, the Product, and the Services may be subject to delays, interruptions, and errors.
Upon download and installation of the Application, You grant the following permissions to the Applications to perform the following actions on the device You have installed the Application on :
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. The Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Termination, either by you or by Us, shall not entail a refund of the fees paid towards a Subscription.
Without limitation to the foregoing, it is hereby specified that your access to the Application, the Product and the Services shall terminate at the end of the validity period of the Subscription availed. It is hereby specified that we shall be under no obligation to extend the validity of the Subscription availed by you. However, we may remind you of the imminent expiration of validity of your Subscription.
The Product includes confidential information that is secret and valuable to Dukantastic Retail Apps Pvt Ltd]. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of these Terms.
Our Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation (ii) was known to the User prior to its disclosure by Us without breach of any obligation owed to Us, (iii) is received from a third party without breach of any obligation owed to Us, or (iv) was independently developed by the User.
The User will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) (i) not to use any Confidential Information of Dukantastic Retail Apps Pvt Ltd for any purpose outside the scope of these Terms, and (ii) except as otherwise authorized by Us in writing, to limit access to Our Confidential Information to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the User containing protections no less stringent than those herein.
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of Dukantastic Retail Apps Pvt Ltd services. Use of Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Dukantastic Retail Apps Pvt Ltd , its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on Unique Sikh Baby Names App.
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Application or in respect of the Service constitutes the entire agreement and understanding between You and Us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.