Explore Our Legal Notices
This privacy policy contains information about a Mobile Application called NTik and an online website called www.NTik.in . The creator of this Privacy Policy ensure our steady commitment to Your privacy with regard to the protection of your invaluable information. Wetreat data as an asset that must be protected against loss and unauthorised access. In order to provide You with Our uninterrupted use of services, We may collect and, in some circumstances, disclose information about you. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used.
NTik is a mobile app that enables Users to record and upload Music Clips, Sounds, Song clips and Movie Dialogues to our server. The User can discover sounds by browsing through the various categories or the user can search specific sounds by using our search function. Uploaded content is available for other Users to access for free. The Users can select sounds by browsing through different language dialogues from Bollywood, Tollywood, Kollywood, Sandalwood and Mollywood and more movie industries. The Users can record their videos by lip-syncing to the selected sound and if the user is happy with the recorded video, then he/she can save the video on their device or share it with friends via various social media platforms. Each and every sound uploaded on the App, will be displayed against the name of the person who has uploaded that sound to the server. Access to and use of the Service requires a compatible device and internet connection
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
1. DEFINITIONS:
(a) “We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy.
(b) “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website.
(c) “Website”, “App” shall mean and refer to www.ntik.in and NTik created by NTik Live Private Limited.
(d) “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. For removal of any doubts, please refer to Clause 2.
(e) “Third Parties” refer to any Website, website, company or individual apart from the User and the creator of the Website.
2. INFORMATION COLLECTED: We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information: (a) Personal data of the User such as, but not limited to, Name, User Name, Password, Email ID, Mobile Number etc. (b) Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet.
3. EXTERNAL LINKS ON THE WEBSITE: The Website may include advertisements hyperlinks to other websites, Websites, content or resources. We have no control over such external links present in the Website, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of your Personal Information by any external sites, Websites, companies or persons, nor do We endorse any advertising, products or other material on or available from such external Website, websites or resources. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your personal information by external Websites, sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from such Websites, websites or resources. This external Website, websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that You enter the external Website or website and review their privacy policy. We allow third parties/individuals to display advertisements when you use the Website.
4. OUR USE OF YOUR INFORMATION: The information provided by You at the time of registration shall be used to contact You when necessary. For more details about the nature of such communications, please refer to our Terms of Service. Further, Your personal data and Sensitive Personal data may be collected and stored by Us for internal record. We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information. In case We are acquired by or merged with another company, We shall transfer information disclosed by You and information about You to the company we are acquired by or merged with. In the event of a merger or acquisition, We shall notify You by email/by putting a prominent notice on the Website before Your Personal Information is transferred and becomes subject to a different privacy policy.
5. CONFIDENTIALITY: Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Website. We shall not sell, share, or rent your personal information to any marketing agencies or any other such companies that indulge in unsolicited communications. Any communication by Us to You shall be undertaken in accordance with Our Terms of Service and Privacy Policy.
6. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES: Due to the existing regulatory environment, We cannot ensure that all of your Personal Information shall never be disclosed in ways other than those described in this Privacy Policy. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. 6.1 External Service Providers: There may be a number of services offered by external service providers that help You use our Website. If You choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/ or grant them permission to collect information about You, then their use of Your information is governed by their privacy policy. 6.2 Other Corporate Entities: We share much of our data, including Your Personal Information, with Our parent and/ or subsidiaries that are committed to serving Your needs through use of Our Website and related services, throughout the world. Such data shall be shared for the sole purpose of enhancing Your experience of using the Website. To the extent that these entities have access to your information, they shall treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You shall receive notice of such event (to the extent it occurs). 6.3 Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorise Us, disclose Your Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us/ Us or You to any legal liability.
Any information that you make publically available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties. The user at his own discretion uploads content which will be accessed by others, stored in a cloud and transmitted We do not control or restrict an user from uploading content and the user does it as his own discretion.
ACCESSING, REVIEWING AND CHANGING YOUR PROFILE: Following registration, You can review and change the information You submitted at the stage of registration, except Your display name/ user name. An option for facilitating such change shall be present on the home screen of the Website and such change can be facilitated by emailing us at support@ntik.in .If You change any information, We may keep track of Your old information. If you believe that any information we are holding on you is incorrect or incomplete,or to remove Your profile so that others cannot view it, please write to or email us as soon as possible, at support@ntik.in . We shall promptly correct any information found to be incorrect. We shall retain in Our files, content You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your personally identifiable information shall be completely removed from our databases in response to Your requests.
7. SECURITY: We employ many different security techniques to protect such data from unauthorised access by members inside and outside NTik Live Private Limited. We, NTik Live Private Limited, a Private limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at #311, Poddar arcade, Opp khand bazar, varachha, Surat , Gujarat - 395006 represented by its Partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that we have accessed. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of Our standard security procedures are at Your sole risk and discretion.
8. INDEMNITY: You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Website or otherwise and Your use and access of websites, Websites and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which You may have disclosed to such Third Parties.
9. SEVERABILITY: Each paragraph of this privacy policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy.
10. AMENDMENT: Our Privacy Policy may change from time to time. Hence we shall post any privacy policy changes on the homepage of the Website/ notify You by email.
This privacy policy contains information about a Mobile Application called NTik and an online website called www.NTik.in . The creator of this Privacy Policy ensure our steady commitment to Your privacy with regard to the protection of your invaluable information. Wetreat data as an asset that must be protected against loss and unauthorised access. In order to provide You with Our uninterrupted use of services, We may collect and, in some circumstances, disclose information about you. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used.
NTik is a mobile app that enables Users to record and upload Music Clips, Sounds, Song clips and Movie Dialogues to our server. The User can discover sounds by browsing through the various categories or the user can search specific sounds by using our search function. Uploaded content is available for other Users to access for free. The Users can select sounds by browsing through different language dialogues from Bollywood, Tollywood, Kollywood, Sandalwood and Mollywood and more movie industries. The Users can record their videos by lip-syncing to the selected sound and if the user is happy with the recorded video, then he/she can save the video on their device or share it with friends via various social media platforms. Each and every sound uploaded on the App, will be displayed against the name of the person who has uploaded that sound to the server. Access to and use of the Service requires a compatible device and internet connection
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
1. DEFINITIONS:
(a) “We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy.
(b) “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website.
(c) “Website”, “App” shall mean and refer to www.ntik.in and NTik created by NTik Live Private Limited.
(d) “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. For removal of any doubts, please refer to Clause 2.
(e) “Third Parties” refer to any Website, website, company or individual apart from the User and the creator of the Website.
2. INFORMATION COLLECTED: We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information: (a) Personal data of the User such as, but not limited to, Name, User Name, Password, Email ID, Mobile Number etc. (b) Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet.
3. EXTERNAL LINKS ON THE WEBSITE: The Website may include advertisements hyperlinks to other websites, Websites, content or resources. We have no control over such external links present in the Website, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of your Personal Information by any external sites, Websites, companies or persons, nor do We endorse any advertising, products or other material on or available from such external Website, websites or resources. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your personal information by external Websites, sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from such Websites, websites or resources. This external Website, websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that You enter the external Website or website and review their privacy policy. We allow third parties/individuals to display advertisements when you use the Website.
4. OUR USE OF YOUR INFORMATION: The information provided by You at the time of registration shall be used to contact You when necessary. For more details about the nature of such communications, please refer to our Terms of Service. Further, Your personal data and Sensitive Personal data may be collected and stored by Us for internal record. We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information. In case We are acquired by or merged with another company, We shall transfer information disclosed by You and information about You to the company we are acquired by or merged with. In the event of a merger or acquisition, We shall notify You by email/by putting a prominent notice on the Website before Your Personal Information is transferred and becomes subject to a different privacy policy.
5. CONFIDENTIALITY: Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Website. We shall not sell, share, or rent your personal information to any marketing agencies or any other such companies that indulge in unsolicited communications. Any communication by Us to You shall be undertaken in accordance with Our Terms of Service and Privacy Policy.
6. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES: Due to the existing regulatory environment, We cannot ensure that all of your Personal Information shall never be disclosed in ways other than those described in this Privacy Policy. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. 6.1 External Service Providers: There may be a number of services offered by external service providers that help You use our Website. If You choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/ or grant them permission to collect information about You, then their use of Your information is governed by their privacy policy. 6.2 Other Corporate Entities: We share much of our data, including Your Personal Information, with Our parent and/ or subsidiaries that are committed to serving Your needs through use of Our Website and related services, throughout the world. Such data shall be shared for the sole purpose of enhancing Your experience of using the Website. To the extent that these entities have access to your information, they shall treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You shall receive notice of such event (to the extent it occurs). 6.3 Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorise Us, disclose Your Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us/ Us or You to any legal liability.
Any information that you make publically available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties. The user at his own discretion uploads content which will be accessed by others, stored in a cloud and transmitted We do not control or restrict an user from uploading content and the user does it as his own discretion.
ACCESSING, REVIEWING AND CHANGING YOUR PROFILE: Following registration, You can review and change the information You submitted at the stage of registration, except Your display name/ user name. An option for facilitating such change shall be present on the home screen of the Website and such change can be facilitated by emailing us at support@ntik.in .If You change any information, We may keep track of Your old information. If you believe that any information we are holding on you is incorrect or incomplete,or to remove Your profile so that others cannot view it, please write to or email us as soon as possible, at support@ntik.in . We shall promptly correct any information found to be incorrect. We shall retain in Our files, content You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your personally identifiable information shall be completely removed from our databases in response to Your requests.
7. SECURITY: We employ many different security techniques to protect such data from unauthorised access by members inside and outside NTik Live Private Limited. We, NTik Live Private Limited, a Private limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at #311, Poddar arcade, Opp khand bazar, varachha, Surat , Gujarat - 395006 represented by its Partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that we have accessed. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of Our standard security procedures are at Your sole risk and discretion.
8. INDEMNITY: You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Website or otherwise and Your use and access of websites, Websites and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which You may have disclosed to such Third Parties.
9. SEVERABILITY: Each paragraph of this privacy policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy.
10. AMENDMENT: Our Privacy Policy may change from time to time. Hence we shall post any privacy policy changes on the homepage of the Website/ notify You by email.
Last Update: June 2020
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.NTik.in , and its Mobile Application for Android® and Apple® IOS:
(a) For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Application by installing the Application. The Application also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. The term "We", "Us", "Our" shall mean NTik Live Private Limited or Company. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and NTik Live Private Limited. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
(b) By using the App, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Application, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Application is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Application by You is governed by this policy and any policy so mentioned by terms of reference. If you do not agree with any of these terms, please discontinue using the Application.
(c) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2.1. The Service or App is a hosting service which allows registered users to upload, post and share sound recordings, and to create audio-visual content combining self-created videos and own or third party sound recordings, which will be stored by us at the direction of registered users, and may be shared and made publicly available by registered users. As part of the Service, we may regularly update you on new content, features as well as to provide you with certain service announcements and administrative messages. We will further give you the possibility to connect with and message your friends who are also using the Service. We will also alert you to local content which is connected to the area where you currently are situated when you have logged in the Service. Although We are working to ensure that the Service is compatible across various devices, We cannot guarantee that the Service will work with all devices.
2.2. We reserve the right to suspend, discontinue, withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments, temporarily or permanently. Any changes will take into account your reasonable interests, and we shall use our reasonable endeavours to notify you thereof in advance. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
3.1. To use the service you must be eighteen (18) years old or older. By signing up for the Service you promise to us that you accept these Terms and that: (a) you are 18 years of age or over, or (b) you are 13 years of age or over and have permission to use the Service from your parent or legal guardian. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend your use of the Service until you have provided us with acceptable age proof.
3.2. The content made available on the Service is user generated and may not be suitable for children. We advise parents who permit their children to use the Service to be aware that the Service is not intended for children under 18.
3.3. To access the major featires of Service, you must register with us. To register, you must provide us with certain information about yourself, such as your email address, a username and password of your choosing. In some cases (e.g. for some operating systems), you also need to allow us to access the geolocation function in order for us to provide the service. Your username will appear alongside any content you upload to the Service. You must make sure that your username complies with these Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration, or activate your account.
3.4 You must inform us of any changes to the details you provided when registering with us. Your account is personal for your own, non-commercial use. You must not sell or transfer, or offer to sell or transfer, your account to any third party.You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorised by you.
3.5 In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
3.6 It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Application. You may terminate your use of the Service at any time by ceasing to use the Service and/or deleting the App from your Device. We may terminate these Terms and close your account at any time without notice, if we cease to provide the Services. We may suspend or terminate your use of and access to the Application at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
By using this Application, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from Us at any time we deem fit. We shall reach out to communicate with you and enhance your experience while using the appliaction. From time to time, the Company may display server advertisements within the Application and also during the use of the Application. These advertisements shall also inform you about the new products and services released by us. These communications include, but are not limited to contacting you through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. These communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Application which are subject to our Privacy Policy. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls with regard to any communication received from Us. You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.
The downloading and installing of the Application is free of cost and shall be governed by their terms of service and privacy policy. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the free Application. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
7.1 You are solely responsible for your use of the Service and any sound recordings (“Sound Recordings”), dubs, videos, words, information, messages and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available (together, “User Content”). Any User Content is owned and controlled solely by you.
7.2 When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Services. You warrant that your User Content is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or illegal. You warrant that your User Content does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You or the owner of your User Content still own the copyright in the content sent to us, but by submitting content to us, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and to authorise others user of the Services and other third-parties to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
7.3 You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in the distribution or presentation of User Content.
7.4 We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
7.5 We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
8.1 NTik Live respects the intellectual property rights of others and expects users of the Service to do the same.
8.2 If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information:
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
8.3 You could send a notice to us or our designated copy right agent by email to support@NTik.in or by Physical mail to the following address.
NTik Live Private Limited, #311, Poddar Arcade, Opp. Khand Bazar, Varachha, Surat Gujarat, India - 395006.
8.4 Please ensure that your notice is in compliance with the requirements stated above without which we would not be in a position to act upon your notice.
From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). 10 ACTIONS UNDERTAKEN BY THE APPLICATION ON YOUR DEVICE:
Upon download and installation of the Application, You grant the following permissions to NTik Live Private Limited to perform the following actions on the device You have installed the Application in. (a) To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage; (b) To access information about networks, access networks including wi-fi networks, receive and send data through the network; (c) To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks; (d) To determine Your exact location from sources such as, but not limited to GPS; (e) To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device; (f) To retrieve information about other application running on the device the Application has been installed on and open them; (g) To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
(a) All information, content, services and software displayed on, transmitted through, or used in connection with the Application, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use. (b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site 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 our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, 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.
(a) The Application can be used in all countries worldwide. We make no representation that materials or Content available through our Application is appropriate or available for use outside any of these countries. (b) If You access or use the Application from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Application.
(a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add and change for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement. (b) NTik has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed. (c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to: (a) Your use or any Third Party’s use via Your account of the Service provided by the Application and its Content; (b) Your disclosure of information to any Third Party, either through the Application or otherwise. (Please refer to our Privacy Policy for more details in this regard); (c) Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
YOUR USE OF THE APPLICATION IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE APPLICATION. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. YOU UNDERSTAND THAT ALL CONTENT AVAILABLE ON THE APPLICATION IS PROVIDED BY USERS, NOT US, AND WE ARE NOT RESPONSIBLE OR LIABILE TO YOU FOR THIS CONTENT ON THE APPLICATION. WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE APPLICATION, INCLUDING LOSS OF PROFITS; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF NTIK. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. 16.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. 16.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Surat, Gujarat, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Surat. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Surat, India and You hereby submit to the personal jurisdiction of such courts.
We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which You provide on the Application are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Application. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or support@NTik.in
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto. Ownership: The Android/IOS application NTik and the website www.NTik.in , (referred to as "Application"or “App” ), owned by NTik Live Private Limited, a Private limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at #311, Poddar Arcade, Opp. Khand Bazar, Varachha, Surat Gujarat – 395006 represented by its partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns; Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement. Liability: The Mobile App and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. We are not responsible for any copyright damage cost of Copyright owners. All rights, titles and interests in and to the Service (excluding content uploaded or otherwise provided by users) are and will remain the exclusive property of NTik Live Private Limited and its licensors.
This privacy policy contains information about a Mobile Application called NTik and an online website called www.NTik.in . The creator of this Privacy Policy ensure our steady commitment to Your privacy with regard to the protection of your invaluable information. Wetreat data as an asset that must be protected against loss and unauthorised access. In order to provide You with Our uninterrupted use of services, We may collect and, in some circumstances, disclose information about you. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used.
NTik is a mobile app that enables Users to record and upload Music Clips, Sounds, Song clips and Movie Dialogues to our server. The User can discover sounds by browsing through the various categories or the user can search specific sounds by using our search function. Uploaded content is available for other Users to access for free. The Users can select sounds by browsing through different language dialogues from Bollywood, Tollywood, Kollywood, Sandalwood and Mollywood and more movie industries. The Users can record their videos by lip-syncing to the selected sound and if the user is happy with the recorded video, then he/she can save the video on their device or share it with friends via various social media platforms. Each and every sound uploaded on the App, will be displayed against the name of the person who has uploaded that sound to the server. Access to and use of the Service requires a compatible device and internet connection
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
1. DEFINITIONS:
(a) “We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy.
(b) “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website.
(c) “Website”, “App” shall mean and refer to www.ntik.in and NTik created by NTik Live Private Limited.
(d) “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. For removal of any doubts, please refer to Clause 2.
(e) “Third Parties” refer to any Website, website, company or individual apart from the User and the creator of the Website.
2. INFORMATION COLLECTED: We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information: (a) Personal data of the User such as, but not limited to, Name, User Name, Password, Email ID, Mobile Number etc. (b) Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet.
3. EXTERNAL LINKS ON THE WEBSITE: The Website may include advertisements hyperlinks to other websites, Websites, content or resources. We have no control over such external links present in the Website, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of your Personal Information by any external sites, Websites, companies or persons, nor do We endorse any advertising, products or other material on or available from such external Website, websites or resources. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your personal information by external Websites, sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from such Websites, websites or resources. This external Website, websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that You enter the external Website or website and review their privacy policy. We allow third parties/individuals to display advertisements when you use the Website.
4. OUR USE OF YOUR INFORMATION: The information provided by You at the time of registration shall be used to contact You when necessary. For more details about the nature of such communications, please refer to our Terms of Service. Further, Your personal data and Sensitive Personal data may be collected and stored by Us for internal record. We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information. In case We are acquired by or merged with another company, We shall transfer information disclosed by You and information about You to the company we are acquired by or merged with. In the event of a merger or acquisition, We shall notify You by email/by putting a prominent notice on the Website before Your Personal Information is transferred and becomes subject to a different privacy policy.
5. CONFIDENTIALITY: Your information is regarded as confidential and therefore shall not be divulged to any third party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the services of the Website. We shall not sell, share, or rent your personal information to any marketing agencies or any other such companies that indulge in unsolicited communications. Any communication by Us to You shall be undertaken in accordance with Our Terms of Service and Privacy Policy.
6. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES: Due to the existing regulatory environment, We cannot ensure that all of your Personal Information shall never be disclosed in ways other than those described in this Privacy Policy. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. 6.1 External Service Providers: There may be a number of services offered by external service providers that help You use our Website. If You choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/ or grant them permission to collect information about You, then their use of Your information is governed by their privacy policy. 6.2 Other Corporate Entities: We share much of our data, including Your Personal Information, with Our parent and/ or subsidiaries that are committed to serving Your needs through use of Our Website and related services, throughout the world. Such data shall be shared for the sole purpose of enhancing Your experience of using the Website. To the extent that these entities have access to your information, they shall treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You shall receive notice of such event (to the extent it occurs). 6.3 Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorise Us, disclose Your Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us/ Us or You to any legal liability.
Any information that you make publically available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties. The user at his own discretion uploads content which will be accessed by others, stored in a cloud and transmitted We do not control or restrict an user from uploading content and the user does it as his own discretion.
ACCESSING, REVIEWING AND CHANGING YOUR PROFILE: Following registration, You can review and change the information You submitted at the stage of registration, except Your display name/ user name. An option for facilitating such change shall be present on the home screen of the Website and such change can be facilitated by emailing us at support@ntik.in .If You change any information, We may keep track of Your old information. If you believe that any information we are holding on you is incorrect or incomplete,or to remove Your profile so that others cannot view it, please write to or email us as soon as possible, at support@ntik.in . We shall promptly correct any information found to be incorrect. We shall retain in Our files, content You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your personally identifiable information shall be completely removed from our databases in response to Your requests.
7. SECURITY: We employ many different security techniques to protect such data from unauthorised access by members inside and outside NTik Live Private Limited. We, NTik Live Private Limited, a Private limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at #311, Poddar arcade, Opp khand bazar, varachha, Surat , Gujarat - 395006 represented by its Partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that we have accessed. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of Our standard security procedures are at Your sole risk and discretion.
8. INDEMNITY: You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Website or otherwise and Your use and access of websites, Websites and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which You may have disclosed to such Third Parties.
9. SEVERABILITY: Each paragraph of this privacy policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy.
10. AMENDMENT: Our Privacy Policy may change from time to time. Hence we shall post any privacy policy changes on the homepage of the Website/ notify You by email.
Last Update: June 2020
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.NTik.in , and its Mobile Application for Android® and Apple® IOS:
(a) For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Application by installing the Application. The Application also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. The term "We", "Us", "Our" shall mean NTik Live Private Limited or Company. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and NTik Live Private Limited. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
(b) By using the App, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Application, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Application is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Application by You is governed by this policy and any policy so mentioned by terms of reference. If you do not agree with any of these terms, please discontinue using the Application.
(c) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2.1. The Service or App is a hosting service which allows registered users to upload, post and share sound recordings, and to create audio-visual content combining self-created videos and own or third party sound recordings, which will be stored by us at the direction of registered users, and may be shared and made publicly available by registered users. As part of the Service, we may regularly update you on new content, features as well as to provide you with certain service announcements and administrative messages. We will further give you the possibility to connect with and message your friends who are also using the Service. We will also alert you to local content which is connected to the area where you currently are situated when you have logged in the Service. Although We are working to ensure that the Service is compatible across various devices, We cannot guarantee that the Service will work with all devices.
2.2. We reserve the right to suspend, discontinue, withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments, temporarily or permanently. Any changes will take into account your reasonable interests, and we shall use our reasonable endeavours to notify you thereof in advance. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
3.1. To use the service you must be eighteen (18) years old or older. By signing up for the Service you promise to us that you accept these Terms and that: (a) you are 18 years of age or over, or (b) you are 13 years of age or over and have permission to use the Service from your parent or legal guardian. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend your use of the Service until you have provided us with acceptable age proof.
3.2. The content made available on the Service is user generated and may not be suitable for children. We advise parents who permit their children to use the Service to be aware that the Service is not intended for children under 18.
3.3. To access the major featires of Service, you must register with us. To register, you must provide us with certain information about yourself, such as your email address, a username and password of your choosing. In some cases (e.g. for some operating systems), you also need to allow us to access the geolocation function in order for us to provide the service. Your username will appear alongside any content you upload to the Service. You must make sure that your username complies with these Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration, or activate your account.
3.4 You must inform us of any changes to the details you provided when registering with us. Your account is personal for your own, non-commercial use. You must not sell or transfer, or offer to sell or transfer, your account to any third party.You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorised by you.
3.5 In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
3.6 It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Application. You may terminate your use of the Service at any time by ceasing to use the Service and/or deleting the App from your Device. We may terminate these Terms and close your account at any time without notice, if we cease to provide the Services. We may suspend or terminate your use of and access to the Application at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
By using this Application, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from Us at any time we deem fit. We shall reach out to communicate with you and enhance your experience while using the appliaction. From time to time, the Company may display server advertisements within the Application and also during the use of the Application. These advertisements shall also inform you about the new products and services released by us. These communications include, but are not limited to contacting you through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. These communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Application which are subject to our Privacy Policy. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls with regard to any communication received from Us. You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.
The downloading and installing of the Application is free of cost and shall be governed by their terms of service and privacy policy. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the free Application. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
7.1 You are solely responsible for your use of the Service and any sound recordings (“Sound Recordings”), dubs, videos, words, information, messages and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available (together, “User Content”). Any User Content is owned and controlled solely by you.
7.2 When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Services. You warrant that your User Content is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or illegal. You warrant that your User Content does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You or the owner of your User Content still own the copyright in the content sent to us, but by submitting content to us, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and to authorise others user of the Services and other third-parties to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
7.3 You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in the distribution or presentation of User Content.
7.4 We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
7.5 We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
8.1 NTik Live respects the intellectual property rights of others and expects users of the Service to do the same.
8.2 If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information:
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
8.3 You could send a notice to us or our designated copy right agent by email to support@NTik.in or by Physical mail to the following address.
NTik Live Private Limited, #311, Poddar Arcade, Opp. Khand Bazar, Varachha, Surat Gujarat, India - 395006.
8.4 Please ensure that your notice is in compliance with the requirements stated above without which we would not be in a position to act upon your notice.
From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). 10 ACTIONS UNDERTAKEN BY THE APPLICATION ON YOUR DEVICE:
Upon download and installation of the Application, You grant the following permissions to NTik Live Private Limited to perform the following actions on the device You have installed the Application in. (a) To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage; (b) To access information about networks, access networks including wi-fi networks, receive and send data through the network; (c) To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks; (d) To determine Your exact location from sources such as, but not limited to GPS; (e) To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device; (f) To retrieve information about other application running on the device the Application has been installed on and open them; (g) To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
(a) All information, content, services and software displayed on, transmitted through, or used in connection with the Application, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use. (b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site 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 our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, 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.
(a) The Application can be used in all countries worldwide. We make no representation that materials or Content available through our Application is appropriate or available for use outside any of these countries. (b) If You access or use the Application from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Application.
(a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add and change for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement. (b) NTik has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed. (c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to: (a) Your use or any Third Party’s use via Your account of the Service provided by the Application and its Content; (b) Your disclosure of information to any Third Party, either through the Application or otherwise. (Please refer to our Privacy Policy for more details in this regard); (c) Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
YOUR USE OF THE APPLICATION IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE APPLICATION. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. YOU UNDERSTAND THAT ALL CONTENT AVAILABLE ON THE APPLICATION IS PROVIDED BY USERS, NOT US, AND WE ARE NOT RESPONSIBLE OR LIABILE TO YOU FOR THIS CONTENT ON THE APPLICATION. WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE APPLICATION, INCLUDING LOSS OF PROFITS; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF NTIK. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. 16.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. 16.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Surat, Gujarat, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Surat. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Surat, India and You hereby submit to the personal jurisdiction of such courts.
We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which You provide on the Application are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Application. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or support@NTik.in
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto. Ownership: The Android/IOS application NTik and the website www.NTik.in , (referred to as "Application"or “App” ), owned by NTik Live Private Limited, a Private limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at #311, Poddar Arcade, Opp. Khand Bazar, Varachha, Surat Gujarat – 395006 represented by its partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns; Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement. Liability: The Mobile App and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. We are not responsible for any copyright damage cost of Copyright owners. All rights, titles and interests in and to the Service (excluding content uploaded or otherwise provided by users) are and will remain the exclusive property of NTik Live Private Limited and its licensors.
