Last Updated: 20 July 2021
1.1. Welcome to Sikhing operated by Twyford Hill Limited (“us”, “we”, the “Company” or “Sikhing”.
2.1. In these Terms & Conditions:
2.2. “Apps” refers, individually and collectively, to each and all of the Mobile Apps, Desktop Apps, and Web Apps.
2.3. “Desktop Apps” means the desktop applications published by the Company and which may be offered from time to time.
2.4. “Member” means any person whose Membership has been accepted by the Company and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.
2.5. “Membership” means your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership (and the relevant Company product for which you have a Membership).
2.6. “Mobile Apps” means the iOS application and the Android application or any other mobile/tablet device software applications published by the Company and which may be offered from time to time.
2.8. “Services” means any and all of the services provided by the Company by any means (including, but not limited to, the Websites, the Apps, or any other technology).
2.10. “User” means any Member and/or Visitor.
2.11. “Visitor” means any person who browses the Services.
2.12. “Web Apps” means the web applications published by the Company and which may be offered from time to time.
2.13. “Website(s)” means, individually or collectively, the websites operated by the Company.
2.14. As the context may require, words in the singular may be read as the plural and the plural as the singular.
3.2. We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under About and also on Sikhing.app, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
3.3. You are reminded to abide by all applicable laws. You also undertake not to use our Services for unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or racially or ethnically offensive purposes (or for purposes which are otherwise objectionable).
3.4. If you:
• use our Services;
• click to join and/or sign in; and/or
• check a box to indicate you agree to these Terms & Conditions, (as may be the case),
We will take this as your acceptance of these Terms & Conditions and your agreement to their content.
4.1. You must be at least 18 years of age to create an account on Sikhing and use the Service. By creating an account and using the Service, you represent and warrant that:
4.1.1. you can form a binding contract
4.1.2. you are not a person who is barred from using the Service under the laws of United Kingdom or all applicable local, state, national and international laws, rules and regulations
4.2. you have never been convicted of a crime and you are not required to register as a sex offender with any sex offender registry. SIKHING DOES NOT CURRENTLY CONDUCT BACKGROUND SCREENING ON ITS MEMBERS.
4.3. The Company reserves the right to offer or reject admission to its Services in its full discretion.
5. Accounts and Security
6. Your interaction with Other Users
6.1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
6.2. The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
7. Proprietary Rights
7.1. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, 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. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
8. Risk Assumption and Precautions
8.1. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others.
8.2. You agree to take all necessary precautions when meeting individuals through Sikhing App.
9. No Guarantees
9.1. The company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.
9.2. The company makes no guarantees as to the number of profiles or matches on the Services.
9.3. You acknowledge and accept the company makes no guarantees as to the availability or up-time of the Services
10. Restrictions and Code of Conduct
10.1. Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions.
10.2. Each User irrevocably undertakes to refrain from:
10.2.1. Discrimination on the basis of a User’s real or supposed: age, race, colour, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;
10.2.2. Using the Services for any professional or commercial purposes, whether directly or indirectly, including offering, soliciting or promoting chargeable goods or services or financial compensation. Prostitution is formally prohibited on our Services;
10.2.3. Engaging in any illegal activity whatsoever using our Services;
10.2.4. Posting any content or making any statement in any form which:
10.2.4.1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
10.2.4.2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
10.2.4.3. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
10.2.4.4. is defamatory, obscene, pornographic, vulgar or offensive;
10.2.4.5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
10.2.4.6. is violent or threatening or promotes violence or actions that are threatening to any other person;
10.2.4.7. promotes illegal or harmful activities or substances;
10.2.4.8. contains a link to any of content associated with the above prohibitions; and
10.2.4.9. is otherwise contrary to applicable laws and regulations; and
10.2.4.10. Disseminates any personal information of any other User, including any contact details or similar, without that User’s consent.
10.2.4.11. Contains any contact information on their own public profile (including but not limited to social media usernames or contact information, or phone numbers or email addresses).
10.2.4.12. Contains their membership status on their public profile
10.3. Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.
10.4. Sikhing reserve the right, but has no obligation, to monitor the information or material you submit to the Services.
10.5. Sikhing will have the right, but not obligation, to remove all or part of any content created, used or circulated publically or privately by Users which in its sole discretion is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
10.6. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.
10.7. We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
10.8. We may exclude or remove any User from its Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases.
11. Conditions of Access
11.1. Your username and the password shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing.
11.2. All Users undertake not to use another Member’s username or password, or any other personal information of another User.
11.3. Any breach of these provisions may lead to the cancellation of a Member’s Membership, without prejudice to the liability incurred by the relevant Member due to the use of the username and/or password by another Member or third party.
11.4. Each Member shall take care not to disclose strictly personal information.
11.5. We will take any necessary measures to halt fraudulent behaviour, including to prevent the prohibited sharing of usernames or passwords.
11.6. We reserve the option of removing:
• information published or present on the Services for more than 36 months;
• the account of a Member which has not been used for more than 36 months after the end of a subscription or has never been used after admission to Membership, after verification that no subscription is in progress
• Accounts which have not been activated via email or SMS verification code
• Accounts that we consider to be a duplicate to another on our network.
11.7. Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software applications, etc.
12. Technology Requirements
12.1. The technology you use to access our Services may be required to meet minimum specifications provided by us.
12.2. We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites and/or the Services) at any time in our sole discretion.
12.3. You acknowledge and agree that we have no obligation to:
• make any subsequent versions of the Apps available to you;
• make the Apps, the Websites and/or the Services available to you at all;
• continue to support the Apps, the Websites and/or the Services in any way. You acknowledge that your access to the Apps, the Websites and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Websites and/or the Services at any time.
13. Terms & Conditions – Updates and Amendments
13.1. The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.
14. Provision of Service
14.1. You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Websites and/or the Services, or restrict your use of the Apps, the Websites and/or the Services, at any time without notifying you in advance.
14.2. You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites and/or the Services.
14.3. You acknowledge and agree that the Company can disable or deny you access to the Apps, the Websites and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.
15.1. Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:
• install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Company’s minimum specifications; and • view, review and utilize the Apps and any related information provided to you by the Company.
• You agree not to access, or attempt to access, the Services by any means other than through the Sikhing Website or the Sikhing Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).
• You agree that you will not, in connection with your use of the Apps, the Websites and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.
• You shall not connect to or use the Apps, the Websites and/or the Services in any way that is not expressly permitted by these Terms & Conditions.
16. Other User’s Content
16.1. Although Sikhing reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Sikhing cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via email.
17. PAID FEATURES
18. You may purchase a paid Membership for one or more of the products offered by the Company.
19. Your paid Membership will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member of those other Services without registering for it specifically.
20. The price and payment procedures are accessible on the Mobile apps.
21. We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.
22. To the extent permitted by applicable laws and regulations, no refunds will be offered. There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.
23. If you do not pay any amount due pursuant to these Terms & Conditions:
23.1. We reserve the right to suspend your access until such time as the outstanding payment is received or to terminate the contract without prior notice. The contract period shall remain unaffected by the temporary closure.
23.2. We may, in accordance with applicable law, forward any debt in arrears for a reasonable period to an external collection agency for recovery. Debt recovery fees will be charged by the external collection agency on the overdue account balance.
23.3. In accordance with applicable law, you may be charged 10% of the overdue account balance as an expense for debt recovery.
23.4. You are entitled to prove that the account balance is not in fact outstanding, or that the account balance is lower than alleged.
23.5. This clause shall not affect the assertion of damages caused by the overdue account balance.
24. We may, from time to time, offer paid features (such as subscriptions, micropayments, etc.) through other service providers, such as the Apple app store or the Android market (each, an “App Store”).
25. Such paid features may be subject to other payment conditions and other conditions than those in these Terms & Conditions. The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store
26. AUTOMATIC RENEWAL
27. We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law) as per the Google Play Store and Apple App Store policies. When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.
28. CANCELLATION AND WITHDRAWAL
29. Cancellation must take place according to the relevant Cancellation methods employed by the Google Play and Apple App Stores.
30. CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY
31. If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.
32. If we cancel a Member’s Membership in our sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.
33. DISCLAIMER OF WARRANTIES
33.1. You understand and agree that your use of the Apps, the Website and/or the Services is at your sole risk.
33.2. The Apps, the Website and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).
33.3. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.
33.4. The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Website and/or the Services.
33.5. The Company does not represent or warrant that: you will be able to access or use the Apps, the Website and/or the Services at the times or locations of your choosing; that operation of the Apps, the Website and/or the Services will be uninterrupted, timely, error-free; your use of the Apps, the Website and/or the Services will meet your requirements; defects in the operation of the Apps, the Website and/or the Services will be corrected; or the Apps, the Website and/or the Services is free of viruses or other harmful components.
33.6. You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Website and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.
33.7. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.
34. Limitation of Liability
34.1. To the maximum extent permitted by applicable law, the Company, its subsidiaries or holding company, any subsidiary of any such holding company, affiliates, successors, assigns, and their respective employees, agents, directors, officers and shareholders, whether individually or collectively (the “Related Parties”) shall not be liable to you, under any contract, tort (including negligence), strict liability or other legal or equitable theory, for:
34.1.1. Any direct, indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the Apps, the Website and/or the Services, or affiliated services, even if the Company and/or the Related Parties have been advised or should have been aware of the possibility of any such losses or damages;
34.1.2. The cost of procurement of substitute goods, services or technology; or
34.1.3. The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Apps, the Website and/or the Services.
34.2. Without limiting the foregoing, in no case shall the total liability of the Company and/or any or all of the Related Parties exceed ten pounds (£10).
34.3. Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such jurisdictions, the liability of the Related Parties shall be limited to the fullest extent permitted by law.
34.4. In all cases, the Related Parties will not be liable to you for any loss or damage that is not reasonably foreseeable.
34.5. Nothing in this Agreement shall limit or exclude the Company’s liability for (a) death or personal injury arising from the Company’s negligence or (b) fraud or fraudulent misrepresentations by the Company.
35.1. To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of
(a) your use of or inability to use the website or Services,
(b) any user postings made by you,
(c) your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or
(d) your violation of any applicable laws, rules or regulations.
(e) information or material transmitted through your computer or other devices, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;
The Company reserves the right, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
36. Governing Law; Jurisdiction
36.1. The laws applicable to the interpretation of these Terms & Conditions shall be the laws of England and Wales.
36.2. You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
37.2. The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.
37.3. No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
37.4. The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
37.5. Clauses 10.8, 11.1, 11.2, 11.3, 11.4 inclusive will survive termination or expiration of this Agreement.
38. Force Majeure
38.1. For the purposes of this clause “Force Majeure Event” means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
38.2. The Company will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.
38.3. In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.