These Terms and Conditions are a legal and binding Agreement between You (“the User”) and Amicale Application Private Limited (hereinafter referred to as “Delta”). Terms and Conditions state the grounds on which the User can use and/ or register with this www.thedeltaapp.com (“App”/ “Us”/ “We”/ “Our”/ “Delta”).
Terms and Conditions are updated from time to time at Our sole discretion and the most updated version is available on the App at all times along with the date of last revision. Continued use by the User of the App after any revision indicates the User’s acceptance of the updated/ revised Terms and Conditions.
By accessing the App, and using the Services (as defined below) as offered in this App, You become the User and become bound by, the terms and conditions of this Agreement and other Policies of Delta for as long as You continue to use/ visit the App or Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR REGISTER WITH THE APP OR FOR THE SERVICES. Your use, registration or participation in any manner with the App or the Services being provided confirm, agreement to the Terms and Conditions and any applicable Policies.
We at Delta provides services through the App which has [features to help people connect with likeminded individuals, participate in forums, discussions, host & attend events & access to support services] (collectively, the “Services”). Delta may offer additional services or revise any of the Services, at its discretion at any future date in which case these Terms and Conditions shall apply to all additional services or revised Services. All rights to cease offering any of the Services on the App are reserved with Delta.
Minimum Age. User of the App must be at least 18 years old to use or to register at the App for the Services. By using the Services on the App, the User represents and warrants that he/ she is a minimum 18 years old. It is possible that certain Services may have other age requirements and such other age requirements are stated at the relevant places.
Criminal History. By requesting to use, registering to use, and/or using the Service, the User represents and warrants that the User has never been convicted under any law governing us or the User. Delta reserves the right to conduct a criminal background check, at any time and using available public records, to confirm possibility of misrepresentation. By agreeing to these Terms and Conditions, the User consents to and authorises such check.
Verification. By agreeing to the Terms and Conditions, User hereby authorises Delta (and its third party authentication agency) to conduct verification checks on the User/ You. The verification process is critical/ important for receiving the complete set of Services offered at the App by Delta. The verification process is initiated and performed if:
(i.) Specifically asked by You to receive the defined set of Services offered at the App. (ii). Delta, at its sole discretion decides to conduct a Verification check whenever deemed necessary. In either case, the User will be appropriately notified and requested to provide the required documents and fill up the necessary Consent Forms for initiating and completing the Verification process. User agrees and confirms that non-abidance of Verification requests made by Delta will render the Registered Account at the App terminable at the instance of Delta without any recourse, whatsoever. Delta is authorised and justified in taking any action necessary on such refusal by the User. User agrees and understands that Delta or its third party expert service provider and their associates are not the author or creator of the information coming forth in the Verification Checks. Under this premise and limitations, Delta or its third party expert service provider or their associates do not warrant accuracy, validity or completeness of the content of the Verification checks. Delta, expressly disclaims that the Verification checks will meet the User’s aspirations or expectations and shall be performed in an uninterrupted manner. Verification check verifies the existence of the facts and information provided by the User, it does not verify the authenticity of the facts itself.
2. USE OF APP AND SERVICE
As a User of the App or a User registered to use any of the Services (a “Registered User”), the User agrees to the following:
Exclusive Use. The User may not authorize others to use the account. The account with the App is non assignable and non-transferable to any third party whether a person or an entity. The User acknowledges and confirms that Delta is not responsible for third party access to the User’s account that results from theft, hacking or misappropriation of user names and passwords.
Geographic Limitations. The App and Services are currently intended for Users within India & will be rolled out periodically in different locations, within India as well. The Services and the App at some time may be made open to other geographical locations as well and the same will be made known to the Users through notifications/ intimation on the App. The User agrees to at all times use the Services in a manner consistent with this Terms and Conditions and any and all applicable local, state, national and international laws and regulations, including, but not limited to, the one’s location where the User is located or is a national of. By using the Services, as a User You represent that you have not been designated by any applicable law or regulation as a person / entity to whom the provisions of the Services cannot be provided and who is prohibited from receiving the Services. Registration for, and use of, the Services become void if the same have been prohibited and the User uses or registers with the App. You are responsible for determining whether the user of the Services is legal in your jurisdiction.
Information Submitted. The User is solely responsible for, and assume all liability regarding, (i) the information and content provided at the App for the Service; (ii) the information and content the User posts, transmits, publishes, shares or otherwise makes available (hereinafter “Post”) to Delta for the Services; (iii) User interactions with other Registered Users through the Services; and (iv) the information provided in the Personality Assessment. The App shares User information with the specific User’s matches.
Risk Assumption and Precautions. All risks when using the Services and the App, including but not limited to all of the risks associated with any online or offline interactions with others, including meeting other matches remain with the User. The User is expected to use his / her best judgement in experiencing any of the benefits/ requirements of the Services. The User agrees to take all necessary precautions when meeting individuals through the App and under the Services. In addition, the User agrees and confirms to review and follow the recommendations set forth in the App as pointers to Safety and/ or mailed to User from time to time. The User undertakes to adhere to the Safety pointers and shall all times be responsible for all outcomes of meeting/ sharing information and/ or being in a short or a long term relationship through the Services/ App. It is accepted and understood by the User that at all times the User shall use his/ her judgement and discretion in receiving the Services through the App.
No Guarantees. Delta through the App and its specific systems attempts to provide matches on a best effort basis, however, every User may not find ideal matches through the Services. Furthermore, Delta does not make any representations or guarantees regarding the number or frequency of matches through the Service, or the ability, desire or criteria of such proposed matches to communicate with the User. The User fully understands and accepts that Delta makes no guarantees, either express or implied, direct or indirect, regarding User’s ultimate compatibility with matches’/ individuals the User meets through the Service or as to the conduct of such individuals.
Background and Verification Checks. Delta engages with third party experts for conducting basic background verification checks and does not take any guarantees for the same other than as offered, represented, warranted and undertaken by such third party experts providing these services to Delta. By accepting the Terms and Conditions and having a Registered Account with the App, the User has agreed to get the Self Verification Process completed. User agrees and accepts that if the User refuses/ fails to get the Verification check completed then, Delta at its sole discretion, without any recourse from the User, have the right to terminate the Account. The set of Services offered at the App are linked to completion of the Verification process and the User may receive corresponding permits based on the Verification.
3. PROPERTY RIGHTS
Ownership of Proprietary Information. The User confirms and agrees that Delta is the owner of highly valuable proprietary information, including without limitation, compatibility matching system, compatibility profiles, and Personality Assessment being shared on the App (collectively, “Confidential Information”). Delta owns and hereby retains all proprietary rights in the Services, the information provided in the App and the App, including but not limited to, all Confidential Information.
No Use of Confidential Information. The User undertakes to not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential information or (ii) other copyrighted or copyrightable material, trademarks, or other proprietary information accessible via the Services, App or the information on the App without first obtaining the prior written consent of Delta, who is the owner of such proprietary rights.
Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. The User undertakes not to copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Confidential Information of Delta or any information copyrighted or copyrightable or not of third party proprietary information available via the Services or the App.
License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to Delta by linking the User account with the App to any social network accounts (e.g. via Facebook, twitter etc.), the User grants unconditionally and in perpetuity, and represents and warrants that the User has the right to grant, to Delta and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, Delta may create, test or implement new features or programs on the App in which the User may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, the User grants and unconditional and perpetual right to Delta and consents to terms and conditions (if any) of such features or programs.
Disclosure By Law. The User is aware and agrees and consents unconditionally to disclosures of information on the App required to be made: (i) under law by Delta; (ii) at the request of a third party under various consent forms; iii) any investigative requirement, or if Delta, in its sole discretion, believes that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Delta ‘s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened; or (4) in support of a fraud/ legal investigation/ verification checks.
Use of Anonymous Information for Research. By using the Services, the User permits Delta to anonymously use the information from the User and User experiences through the Services to continue / contribute to Delta’s research into successful relationships and to improve the experience and quality of the Services. Such research is conducted by psychologists and behavior research scientists on the panel of Delta, and may be published in academic journals. However, all of User responses will be anonymous, and nothing containing User’s personal identifying information shall be published.