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Welcome to Roka’s Terms and Conditions of Use (hereafter referred as these “Terms”) your personal platform for dating and match-making. By creating a Roka account, whether through a mobile device, mobile application or computer (collectively referred as “Services”). These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Roka App Private Limited doing business as (“Roka”, “we”, “us” or “our”) concerning your access to and use of the https://www.rokadating.com website as well as any other media form, media channel, mobile website or mobile application, linked or otherwise connected thereto (collectively referred to as “the Site”)
If you wish to create a Roka account and make use of the Service, please read these Terms of Use because once you access, view or use the Site, you are going to be legally bound by these Terms (so please go through them carefully and thoroughly). This Agreement sets out the legally binding terms for your use of the Site and membership. This Agreement may be modified by Roka from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. Continued use of Roka or the Site indicates the user’s acceptance of the terms of use. The membership and rights of admissions are reserved.
2.0 Acceptance of terms of use agreement
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Services and to become a “Member.” For purposes of this Agreement, the term “Member” means a person who voluntarily submits information to the Site whether such person uses the Service as a free member, or a paid member and “User” shall mean a person who actively uses the Site to promote his/her profile for dating and matchmaking purposes.
By using the Site, you agree to be bound by these Terms of Use (hereafter referred to as the “Agreement”). If you wish to become a member and make use of the Services, read these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
By using the Service, you consent to submit your personally identifiable information including sensitive personal data such as your financial data if opted for our paid membership, Identity proofs if submitted, etc to collect, process, display and use the said information to provide the Service and to contact you by other Members. If you have any objection in collecting/processing your personal data, we advise you not to register with the Site.
3.0 Eligibility
By using this site, you represent and warrant that
You have the legal capacity and you agree to comply with these Terms of Use.
You are not a minor in the jurisdiction in which you reside.
You will not access this site through automated or non-human means whether through a bot, script or otherwise.
You will not use this Site for any illegal or unauthorised purposes.
Your use of the Site will not violate any applicable law or regulation.
You are not barred from using the Service under the jurisdiction in which you reside or any other jurisdiction worldwide.
You have never been convicted of a crime
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current and future use of the Site (or any portion thereof). If your account is terminated or suspended you agree you will not receive a refund for any paid service or features you have already been charged for.
4.o Your account
To enjoy and use the Site without any hindrance, you must first register yourself. You also agree that we access your Contact Lists stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the site. For more information about what information, we use and how we use it, please check out our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you designate during the registration process, and you are solely responsible for all activities that occur under your account. You agree to immediately notify us of any disclosure or unauthorized access/use of your account or any other breach of security.
5.0 Content
As your Content is individualistic to you hence you are responsible and liable for your own Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with the Content posted by you.
You do not have any rights in relation to other users Content, and you may only use other users’ personal information to the extent that your use of it matches the purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
The content posted by you will be visible to other users of the Site all around the world instantly – so make sure you are comfortable sharing the Content before you post.
By uploading the Content on Roka, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use the Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
We do not have any obligation to store the Content – if it’s important, you should make a copy.
So that we can prevent the unconsented use of the Content by other members or third parties outside of Roka, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices on your behalf if the Content is taken and used by third parties outside of Roka.
6.0 Proprietary rights
Roka owns and retains all proprietary rights in the Roka Site and Services and in all content, trademarks, tradenames, service marks and other Intellectual Property Rights related thereto. The service contains the Copyrighted material, trademarks and other proprietary information of the company and its licensors. The content and the marks are provided on the site “AS IS” for your information and personal use only. Except as expressly provided in these terms of use no part of the site and no content or marks maybe copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our expressed prior written permission. Any such act or an attempted act on your part shall constitute a violation of this Agreement and your membership is liable to be terminated forthwith by Roka without refund of any of your unused Subscription fees.
Moreover, you acknowledge and agree that any questions, comments, suggestions, ideas feedback or any other information regarding the site provided by you to us are non-confidential and shall become our sole property.
Roka reserves the right to take legal action (civil and/or criminal) wherever applicable for any violations.
7.0 Types of activities
You agree to the following:
Comply with the Terms, and check this page from time to time to ensure you are aware of any changes;
Use your real name and real age in creating your account and on your profile;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the latest version of the Site;
Treat other users in an obliging and respectful manner, both online and offline;
Be polite and respectful when communicating with any of our customer care representatives or other employees;
Maintain a strong password and take reasonable measures to protect the security of your login information;
Present yourself respectfully and authentically by adding at least one photo that shows your face;
Use the services in a professional manner.
You agree that you will not do the following (Prohibited Activities):
Act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
Misrepresent your identity, your age, your current or previous provisions, qualifications or affiliations with a person on entity;
Disclose information that you do not have the consent to disclose;
Stalk or harass any other user, our employees or agents;
Sell or otherwise transfer your profile;
Make improper use of our support services or submit false reports of abuse or misconduct;
Act that involves the transmission of “junk” mail or “spam”;
Upload or transmit any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Roka or otherwise;
Infringe any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
Show another person which was created or distributed without that person’s consent;
Content which is harmful to minors; or
Impersonate any other person, including falsely stating your name;
Systematically retrieve data or other content from the Site to create or compile directly or indirectly a collection compilation, database or a directory without written permission from us;
Trick, defraud or mislead us or other users especially in any attempt to learn sensitive account information such as user passwords or other means for the purpose of sending unsolicited emails;
Post content which contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
Post content which is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
Post content which is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
Post content which encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
Post content which is defamatory or libellous;
Post content which relates to commercial activities and/or for any revenue generating endeavour (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
Create or operate a pyramid scheme, fraud or other similar practice, or;
Develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Roka or its services, or otherwise copy profiles and other data from the services.
Roka operates a zero-tolerance policy for this kind of content.
You can report any abuse or complain about any content submitted to the Site by contacting us, outlining the abuse and/or complaint at help@rokadating.com. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these Terms, any Roka user’s rights, or any third-party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the Site without prior notice and/or remove any improper, infringing or otherwise unauthorized content submitted to the Site.
We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the Site.
YOU UNDERSTAND THAT ROKA DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. ROKA ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. ROKA GROUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. ROKA RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release Roka Group and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arising from your interactions with or conduct of other users of the Site.
Scraping or replicating any part of the Site without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement.
8.0 Privacy policy
Privacy of every member of Roka is important to us and henceforth, a detailed privacy policy is provided by Roka.
For information about how Roka and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
9.0 Payments provisos
Roka may offer products and services for purchase on the Site herein referred to as “In-Site Purchase”. If you choose to make an In-Site Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-Site Purchase through the following payment methods herein referred to as “Payment Method”:
making a purchase through a third-party platform such as the Apple App Store and Google Play Store herein referred to as “Third Party Store”, or
paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor.
Once you have made an In-Site Purchase you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Cancelling subscriptions:
If you purchased a subscription directly from Roka, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third-Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (I) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-Site Purchases enabled by your subscription.
Free trials:
If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. To avoid charges for a subscription period, you must cancel before the end of free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Roka through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.
Refunds
Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Roka) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
For subscribers residing in United Kingdom the terms below apply:
You may cancel your subscription, without penalty or obligation, in accordance with local law without stating any reason within the period of 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund
In addition to cancelling, you must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not Roka. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
For all other purchases: please contact customer support with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet).
Taxes
The payments required under this Section do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Roka determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Roka will collect such Sales Tax in addition to the payments required under this Section. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Roka, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
10.0 Terms and termination
This Agreement will be effective, valid and subsisting as long as you use the Site.
You may terminate your membership at any time, for any reason, you may do so by (a) closing/ deleting your account. Your account will be deleted immediately but it will take a little while for the content to be completely removed from the Site. Your profile information will be treated in accordance with our Privacy Policy.
You agree to abide by all of the terms and conditions of this Agreement and use the service in conformity with all applicable laws. If at any time Roka is of the opinion in its sole discretion or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation, or violated any provisions of the Terms of Use, applicable laws, Roka reserves the right to forthwith terminate your membership and / or your right to use the Service or block certain IP addresses without warning or prior Notice to you. In such circumstances no refund will be made to you for any of your unutilized subscription fee.
Roka may also choose to in its sole discretion to delete any content or information that you posted at any time without warning or giving prior Notice.
If Roka terminates or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account Roka reserves the right to take appropriate legal action including without limitation perusing Civil, Criminal and Injunctive redress.
11.0 Third party services
As part of the functionality of the site you may link your account with online accounts you have with Third party service providers “Third Party Account”. Pease note that your relationship with the Third-Party Service providers associated with your Third-Party Accounts is governed solely by your agreements with such Third-Party Service Providers.
The site may also contain (all you may be sent via the site) links to other websites “Third Party Websites/Links”. These may contain advertisements and promotions offered by Third Parties Websites/Links to other websites or resources. You acknowledge and agree that the Roka Group is not responsible for the availability of such external websites or links, and does not endorse and is not responsible or liable for any content, information, statements, advertising, good or services or other materials on or available from such websites or links. Your correspondence or business dealing with, or participation in promotions of third parties found in or through the service including payment and delivery of related goods or services and any other terms and conditions, warranties or representations associated with such dealings are solely between you and such Third-Party Websites/ Links. You further acknowledge and agree that the Roka Group shall not be responsible or liable directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any such content, information, statements, advertising, goods or services or other materials available on or through any such websites or links.
12.0 Push notifications; location-based features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Site and/or the Roka services, such as enhancements, offers, products, events, and other promotions. After downloading the Site, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Site, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by following the specific instructions included in such communications.
The Site may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Site will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the Site to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Site uses and retains your information, please read the Privacy Policy.
13.0 Disclaimer
THE SITE AND SERVICES AND CONTENT ARE ALL PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE THEREOF INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE OR OUR SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE SITE, OUR SERVICES OR CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. ROKA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. THE ROKA GROUP IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. ROKA GROUP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
14.0 Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROKA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF ROKA HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROKA’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO ROKA DURING THE ONE MONTH (1) PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST ROKA, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (is) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15.0 Indemnity by you
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Roka, our affiliates, and there and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, Content, or breach of this Agreement.
16.0 Governing law, settlement and jurisdiction
Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by Roka. 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.
By using the Service in any manner, YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
The terms of the Arbitration Agreement will continue, even after your relationship with Roka has ended.
17.0 Force majeure
Roka 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, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Roka, Payment Gateways or any other channel partners.
18.0 Miscellaneous
These terms of use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.
These Terms, which we may amend from time to time, constitute the entire agreement between you and the Roka Group. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Roka is free of viruses or other harmful components. You accept that Roka will not be provided uninterrupted or error free, that defects may not be corrected or that The Roka Group, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The Roka Group is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from 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.
The communications between you and Roka Group may take place via electronic means, whether you use the Site or send Roka Group emails, or whether Roka Group posts notices in the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Roka Group in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Roka Group provides to you electronically satisfy if it were to be in writing.
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
You represent and warrant that:
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties
By using the Site, you agree and acknowledge that Roka is a global Site operating through servers located in a number of countries around the world, including India /United States/United Kingdom. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Roka, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
If you have any questions, complaints or claims with respect to the Site, please contact us at help@rokadating.com
