TERMS AND CONDITIONS

Last revised on: 10 May 2020

These Terms and Conditions are a legal and binding Agreement between You (“the User”) and Dexhash Pvt Ltd and its MatchMaking Product (hereinafter referred to as "Muzishq"). Terms and Conditions state the grounds on which the User can use and/ or register with www.muzishq.com, the Muzishq mobile application(“Site”/ “App (android and ios)”/ “Website”/ “Us”/ “We”/ “Our”/ “Muzishq”) or any of the partner applications. Your use of service is also subject to the Privacy policy.

Terms and Conditions are updated from time to time at our sole discretion and the most updated version is available on the Site at all times along with the date of last revision. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, however, you are responsible for regularly checking this page for notice of any changes which may affect your decision of use of our service. Continued use by the User of the Site after any revision indicates the User’s acceptance of the updated/ revised Terms and Conditions. By accessing the Site, and using the Services (as defined below) as offered in this Site, You become the User   and become bound by, the terms and conditions of this Agreement and other Policies of Muzishq for as long as You continue to use/ visit the Site or Services.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR REGISTER WITH MUZISHQ.Your use, registration or participation in any manner with the Site or the Services being provided confirm, agreement to the Terms and Conditions and any applicable Policies.

We at Muzishq provide services to a single adult wherein they can discover their life partner, we do this by using proprietary algorithms which do recommendations and suggestions based on the Users’ requirements (collectively, the "Services"). Muzishq 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 Site are reserved with Muzishq.


YOUR PRIVACY

  1. Your information such as your messages etc are not encrypted and we reserve the right to monitor those messages and other information you upload/provide for compliance with our terms and conditions. To know more about what we do and don't do with your data please check Privacy Policy.

ELIGIBILITY

  1. AGE: User of the Site must be at least 18 years old to use or to register at the site or application for the Services. By using the Services (registering/sign-up, login/sign-in or using in or using), on the Site, the User represents and warrants that he/ she is a minimum 18 years old.
  2. MARITAL STATUS: By using the Services (registering/sign-up, login/sign-in or using), the User represents and warrants that the user is not married. Divorced, annulled and widowed are ALLOWED to use the services.
  3. CRIMINAL HISTORY: By using the Services (registering/sign-up, login/sign-in or using), the User represents and warrants that the User has never been convicted under any law governing us or the User. Muzishq reserves the right to conduct a criminal background check, at any time and using available public records, to confirm the possibility of misrepresentation. By agreeing to these Terms and Conditions, the User consents to and authorizes such a check.
  4. AGREEMENT TO TERMS AND CONDITIONS: You must agree to these Terms & Conditions to use our Services. Any violation of any of the terms and conditions can lead to suspension or deletion of account and all the services.
  5. AGREEMENT TO PRIVACY POLICY: You must agree to our Privacy Policy to use our Services. If you do not agree with any of the policies, you are not entitled to open an account with us or use our services.
  6. YOU AGREE : If you use our services or check a box to indicate your agreement to these terms and conditions or click on registering/sign-up, login/sign-in, we will take this as your acceptance of these terms and conditions and your agreement to the terms and conditions.

ACCOUNTS AND SECURITY

  1. Anyone (fulfilling eligibility criteria) can use the service. To use the service user need to have a valid and active account We may request for some valid identification, in that case, you need to provide a valid identity card.
  2. Users need to protect his account by securing his sign in / sign up credentials. User should not share his credentials with any other users. If you share your credentials with someone else, your account will be terminated.
  3. You are required to contact us in case you think your account is compromised/hacked. If you fail to contact us and if any illegal activity happens during that time, then you are responsible for its outcome.
  4. Muzishq will never send email to ask for username or password, if you come across any such request please inform us immediately
  5. The User will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services

USE OF SITE, APPLICATION AND SERVICES

Each User hereby agrees to act following (in accordance with) below points.

  1. Once you create your account with us you will be the exclusive owner of that account. This account is only for personal use. The account is non-transferable and non-assignable to anyone else (whether the third party of another user).
  2. User acknowledges and confirms that Dexhash and its product Muzishq is not responsible for third party access to the User’s account that results from theft, hacking, misappropriation of user names and passwords or any reason whatsoever.
  3. Users can create an account as a free account or premium account by paying in a subscription fee charged recurrently. Once they stop the subscription, their account will automatically be transferred to free category with limited features.
  4. The Site, application and the Service will operate globally with users coming from different parts of the world. The User agrees to at all times use the Services in a manner consistent with this Terms and Conditions and all applicable local, state, national and international laws and regulations, including, but not limited to, the ones of the 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 can not be provided and who is prohibited from receiving the Services. Registration for, and use of, the Services become void if the same had been prohibited and the User uses or registers with the Site. You are responsible for determining whether the use of the Services is legal in your jurisdiction
  5. User is solely responsible and assumes any liability regarding any information they exchange or upload using the site, application, Services or any third party of Dexhash or any of its product particularly Muzishq.
  6. User takes ownership and liability of all risks when using the Services, Application and the Site, including but not limited to all of the risks associated with any online or offline interactions with others, including meeting other matches remains with the User. The User is expected to use his / her best judgment in experiencing any of the benefits/ requirements of the Services. The User agrees to take all necessary precautions when meeting individuals through the Site and under the Services. Users will be responsible for their security and all the risks while using the application, services and the site. Users will be responsible for their safety and risks while meeting someone by using the application, site or services. In no way, the company shall be responsible for anything.
  7. Refrain from 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.
  8. Refrain from Prostitution which is formally prohibited on our Services.
  9. Refrain from engaging in any illegal activity using our Services.
  10. Refrain from discrimination based on 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, union activities or any information provided by a user.
  11. Refrain from posting any content or making any statement in any form which 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.
  12. Refrain from posting any content or making any statement in any form which violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; promotes illegal or harmful activities or substances; contains a link to any of content associated with the above prohibitions; and is otherwise contrary to applicable laws and regulations.
  13. Refrain from Disseminating or posting any personal or sensitive information of any other User without that User’s consent.
  14. Dexhash and its product Muzishq work our best to provide a suitable match to its users, however, not every user will find a suitable match through our services, site or application. Furthermore, Dexhash and its product Muzishq does not take any responsibility for the frequency of likes or matches a user will get. The User fully understands and accepts that Dexhash and its product Muzishq 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. This policy applies to both free account as well as a premium account.
  15. Dexhash and its product Muzishq reserves the right to remove any content or information from its site, application or service in its sole discretion
  16. The User is prohibited from harassing, annoying, intimidating or threatening any Dexhash or Muzishq employees
  17. Users will be liable to pay Dexhash and its product Muzishq any amount as deemed fit if any of the policy violations cause any damage/harm to the company. Furthermore, Dexhash can take legal action it deems appropriate against such User
  18. If you violate or breach any terms and conditions or privacy policy then we can cancel your membership, in this case, 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. However, If we cancel a Member’s Membership in our sole discretion for reasons other than that Member’s breach of these Terms & Conditions or privacy policy, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.

AUTOMATIC RENEWAL

  1. We automatically renew all paid memberships before the expiry of their term. This is done as per the Google Play Store, Apple App Store policies and government policies. Whenever you first register for a premium or paid membership you acknowledge that your membership will be renewed before its expiry.
  2. If your paid membership or premium membership is not automatically renewed, you can do it manually by following the steps of subscribing to premium.
  3. If your amount is deducted but your premium membership is not renewed, do not worry at all. Write to us and we will help you.
  4. If you do not want to renew the membership you can cancel it as per the policy.

UPDATES AND AMENDMENTS IN TERMS AND CONDITIONS AND PRIVACY POLICY

  1. The company can change its terms and conditions anytime. These changes can be updating and amending the terms and conditions or privacy policy or both.
  2. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions and privacy policy if you use the Services after the updated Terms & Conditions are made available to you.
  3. If you do not agree to the updated terms and conditions or updated privacy policy or both, you may stop using our site and our services and our application.

INTELLECTUAL PROPERTY

  1. All intellectual property rights including the various rights conferred by statute, common law and equity in and concerning(in relation to) patents, copyright, service marks, trademarks, trade names and/or designs including the “look and feel” and other visual or non-literal elements whether registered or unregistered

  2. 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 the Company. You shall not attempt to obtain any title to any such intellectual property rights. All rights are reserved.
  3. None of the material of the service may be reproduced or redistributed or copied. Distributed, republished, displayed, downloaded, 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 the Company. You may not use any of the materials or content on our Services without the express prior written permission of the Company for commercial purposes.
  4. User confirms and agrees that we are the owner of proprietary information such as profile matching algorithm, profile assessment system. The User undertakes to not post, copy, modify, transit, disclose, show in public, create any derivative works, make commercial use of or reproduce in any other way without first obtaining the prior consent from us.
  5. Any material you transmit, post or submit to the Company either through our Services or otherwise shall be considered (and the Company may treat it as) non-confidential (subject to the Company’s obligations under privacy legislation). You grant the Company a royalty-free, perpetual, irrevocable, non-exclusive sublicensable license to use, copy, modify, adapt, translate, publish and distribute world-wide any Material which is set out below.
    1. All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to the Company by you or offered in response to solicitations by the Company regarding our Services (Ideas) shall be deemed to be and shall remain the property of the Company and you hereby assign all existing present and future intellectual property rights in Ideas, to the Company. Company will exclusively own all comments, suggestions, ideas, notes, drawings or concepts of every kind and shall be entitled to the unrestricted use and modify for any purpose anywhere in the world.

PROVISION OF THE SERVICE

  1. User agrees that we may make changes to, or stop providing Services, or restrict your use of Services, at any time without notifying you in advance.
  2. We may do a background check with publically available data and if you fail the background check (under eligibility criteria) we will terminate your account without any prior notice.
  3. Users are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications charges incurred in connection with use of the Services.
  4. We can deny you access for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services.
  5. Abuse, unlawful, harmful, tortious, defamatory, vulgar, obscene, libelous, trolling, harassing, hateful, or racially or ethnically offensive purposes, inappropriate & objectionable content such as (but not limited to) threats, nudity, obscenity, etc. are an immediate violation of the Terms of Use of Muzishq. If any such violation is brought Our attention via a “Report User” mechanism or other mechanisms, We may deny you access to our services.
  6. In the event of account termination, any fees or membership charges is nonrefundable.

LICENSE, RESTRICTIONS AND CONDITIONS OF USE

  1. As long as you agree to terms and conditions of this Agreement and for the sole purpose of using the Services, we hereby grant you a limited worldwideworldwide, non-exclusive, revocable, non-sublicensable, non-transferable license access and use our service trough apps (ios and android) or website for the purpose permitted by this terms.
  2. You agree not to access the Services by any means other than through the Websites or the Apps. You specifically agree not 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).
  3. You agree not to attempt to gain unauthorized access of the service, using but not limited to hacking or phishing or stealing other users credentials
  4. We may terminate your account if we find that your usage of the service is contrary to these restrictions and Terms.

LINKS TO OTHER WEBSITES

  1. The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites or Services or Application and does not accept any responsibility for any loss or damage that may arise from your use of them.
  2. We may also feature advertising by third parties. We in no way whatsoever take any representations, liability or warranty of the product or service advertised by those advertisers.

LIMITATION OF LIABILITY

  1. to the maximum extent permitted by applicable law, in no event will Muzishq be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the services, a result of using the services including, without limitation, damages for the recommendation of the site, failed marriage achieved through the site, the outcome of verification checks, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Muzishq knows or has been advised of the possibility of such damages. to the maximum extent permitted by applicable law, under no circumstances will Muzishq be liable for any liquidated or punitive damages.
  2. to the maximum extent permitted by applicable law, in no event will Muzishq be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, liquidated, punitive arising out of or relating to recommendation of the site, the conduct of user or anyone else in connection with the use of the services, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from communications or meetings with other registered users of the services or as a result of using the services. this includes any claims, losses or damages arising from the conduct of users who have registered under pretenses or who attempt to defraud or harm other users or failed marriages or divorce of weddings caused under the use of the services.

INDEMNIFICATION

  1. The User agrees to indemnify, defend and hold harmless Dexhash and its product Muzishq, its affiliates, subsidiary and related companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) the User’s use of or inability to use the Application or Site or Services, (b) any user postings made by the User, (c) the User’s violation of any terms of this Terms and Conditions or the User’s violation of any rights of a third party, or (d) the User’s violation of any applicable laws, rules or regulations, or (e) the Users providing any false information to Dexhash or its product Muzishq or conspiring and abetting with any third party for seemingly substantiating such false information to appear as true. Dexhash and its product Muzishq reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, the User will cooperate fully in asserting any available defenses in such case.

COMMUNICATION AND PRIVACY

  1. Dexhash and its product Muzishq or any of the related companies can anytime use the email or phone number of the user for any communication purpose.

JURISDICTION OR GOVERNING LAW

  1. You acknowledge and agree that the Company 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 for breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable law governed by the Arbitration and Conciliation act,1996 by a sole arbitrator appointed by Muzishq. The arbitration proceedings shall be held in English language at New Delhi.The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.

Disclaimer and Warranty

  1. Muzishq provides our services on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to our services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Muzishq does not represent or warrant that (a) our services will be uninterrupted, secure, or error-free, (b) any defects or errors in our services will be corrected, or (c) that any content or information you obtain on or through our services will be accurate. nor does it represent or warrant that any match resulting in marriage is of the highest compatibility and shall never result in divorce or separation. furthermore, Muzishq makes no guarantees as to users' ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you meet through the services.
  2. Muzishq takes no responsibility for any content that you or another user or third party posts, sends, or receives through our services nor does Muzishq take any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate through Muzishq. any material downloaded or otherwise obtained through the use of our services is accessed at your discretion and risk. Muzishq is not responsible for any damage to your computer hardware, computer software, mobile hardware, mobile software or other equipment or technology including, but without limitation, damage from any security breach or any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.
  3. You are solely responsible for your interactions with other users. background verification and other tools do not guarantee your safety and are not a substitute for following the safety tips and other sensible safety precautions. always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. communications received through the service, including automatic notifications sent by Muzishq, may result from users engaging with the service for improper purposes, including fraud, abuse, harassment, or other such improper behavior.
  4. We may add or remove any features/points at our discretion.

Force Majeure

  1. Dexhash and its product Muzishq shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of God, fire, wars, sabotage, civil unrest, labor unrest, the action of Statutory Authorities or local or Central Governments, change in Laws, Rules, and Regulations, affecting the performance of Muzishq, Payment Gateways or any other channel partners