Effective Date: 14,November 2024
1. Terms of Use / Service Agreement
Greetings and welcome to Darling, your personalized matchmaking platform. This agreement outlines the legally binding terms governing your utilization of the mobile app and membership. Darling reserves the right to modify this agreement periodically, with membership and admission rights held in reserve.
Darling serves as an advertising platform, offering targeted advertising services for matchmaking alliances and supplanting the conventional newspaper classified format. The application is designed for the personal use of individual members to advertise and promote their profiles, specifically for the purpose of discovering relevant matches. It is not intended for use in connection with any commercial endeavors.
Emphasizing its commitment to serious matchmaking for individuals seeking life partners for marriage, the application distinctly differs from casual dating apps.
2. Darling Guidelines
To utilize the App, you must first sign up for an account ("Account"). To create an Account, you must:
- Be at least 18 years old or have reached the age of majority to legally engage in a contract according to the laws of your home country.
- Be legally authorized to use the App based on the laws of your home country.
- Never have a history of being convicted for a violent or sexually related criminal offense, please be aware that we do not perform criminal background checks on our users, and we are unable to personally verify each user's identity. The company is not responsible for inaccuracies in statements made by a member. Therefore, it is crucial to exercise common-sense precautions when meeting another member, such as informing a close friend or relative about the meeting and choosing a public location for the initial meeting.
- Additionally, if you have been previously banned from using our services or similar platforms, the company cannot be held accountable for any actions performed by users, including those during events organized by the company or others using the services.
You can establish an Account through mobile number or by utilizing your social media accounts such as Facebook, Apple and Gmail login credentials. If you use the social media account, you grant us permission to access, display, and utilize specific information from your social media account, such as profile pictures, relationship status, and location friends. Refer to our Privacy Policy for more information on the information we use and how we use it.
Regrettably, sharing your Account with another person without permission or using someone else's Account is not permitted.
While you're bound to have an enjoyable experience on Darling, if you decide to leave, you can delete your Account anytime by navigating to the 'Settings' page while logged in and selecting the 'Delete account' link. Your Account will be promptly deleted, but it may take some time for Your Content (defined below) to be entirely eradicated from the App. Your profile information will be handled in accordance with our Privacy Policy. If you attempt to create a new account within this timeframe using the same credentials, we will reactivate your Account for you.
We employ a combination of automated systems and a team of moderators to scrutinize and evaluate accounts and messages for content that suggests violations of these Terms. We retain the sole discretion to terminate or suspend any Account, limit access to the App, or utilize any available means to enforce the Terms (including blocking specific IP addresses) at any time, without liability and without prior notice. Without limiting the foregoing, we explicitly reserve the right to terminate or suspend your Account without notice in the following circumstances: (1) violation of these terms, (2) inappropriate or improper conduct on the App, or your interaction with other App users (including "offline" conduct), as determined solely by us, (3) inappropriate or improper conduct on other apps operated by our affiliates, as determined by us or our affiliates in their sole discretion, or (4) any reasons that, in our sole discretion, justify termination. If your Account is terminated or suspended, you acknowledge that you will not receive a refund for any paid service or features for which you have already been charged.
You are prohibited from accessing, tampering with, or using non-public areas of the App or our systems. Certain sections of the App may not be accessible if you have not registered for an Account.
3. User Conduct
a. Prohibited Activities: You agree not to engage in any of the following activities:
- Posting false, misleading, or fraudulent information.
- Harassing, abusing, or harming other users.
- Uploading or transmitting viruses or any other malicious code.
- Violating any applicable laws or regulations.
- Utilization of the Service or any content within it for commercial purposes requires our explicit written consent.
- Copying, modifying, transmitting, creating derivative works, or reproducing copyrighted material, images, trademarks, trade names, service marks, or other intellectual property accessible through the service is prohibited without prior written consent from Darling.
- Content that is blatantly offensive, promoting racism, bigotry, hatred, or physical harm, is strictly prohibited. Harassment of individuals, involvement in spamming, dissemination of false information, and engagement in illegal activities are also forbidden.
- Promotion of illegal copies of copyrighted works, display of pornographic material, exploitation of individuals under 18, and solicitation of personal information from minors are expressly prohibited.
- Activities such as providing instructions for illegal activities, soliciting passwords for unlawful purposes, and engaging in unauthorized commercial activities without prior written consent are not allowed.
- Any content that threatens the unity, integrity, defense, security, friendly relations with foreign states, or public order is prohibited.
- Impersonation of others, deception about message origin, and communication of grossly offensive or menacing information are strictly forbidden.
- Users may be excluded or removed from the Service at our sole discretion for reasons including non-compliance with laws or regulations. Upon termination or suspension, no refund of unused fees for in-app purchases will be granted.
- In your Member profile, which is visible to other members, please refrain from including telephone numbers, street addresses, URLs, and email addresses.
b. Content Guidelines: Users are responsible for the content they publish on the App, including profiles, messages, and other user-generated content. We reserve the right to moderate, edit, or remove content that violates these Terms or is deemed inappropriate.
c. Regular inspections of Service usage are conducted for safety and fraud protection. We reserve the right to remove non-compliant content and may contact users to remedy any violations.
4. Intellectual Property
You are prohibited from posting, distributing, or reproducing any copyrighted material, trademarks, or proprietary information on Darling without obtaining prior consent from the company. The text, content, graphics, artworks, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property displayed on Darling, along with the Darling software and database(s), are either owned, controlled, or licensed by us and are safeguarded by copyright, trademark, data, database rights, and/or other intellectual property laws. The rights, title, and interest in and to Our Content remain exclusively with us.
The title, ownership rights, and intellectual property rights related to content accessed through our Services belong to the respective content owner or supplier and may be shielded by relevant copyright, trademark, or other laws.
5. Guidelines For Submitting Copyright Infringement Claims
If you believe that your work has been replicated and posted on the Darling service in a manner that constitutes copyright infringement, kindly provide us with the following details:
- An electronic signature from a person authorized to act on behalf of the owner of the allegedly infringed exclusive right.
- A description of the copyrighted work that you assert has been infringed.
- A precise indication of the location on the Service where the material you claim to be infringing is situated.
- Your contact information, including your address, telephone number, email address, and the copyright owner's identity.
- A written statement attesting that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury, affirming that the information provided in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
Please forward details of claims of copyright infringement to [email protected].
5. Termination
We reserve the right to terminate or suspend your account and access to the App, with or without notice, for any reason, including but not limited to violation of these Terms.
5.1 Termination by the User
You may terminate your account and discontinue your use of the Darling matrimony app at any time by:
- Canceling your subscription through the App Store, as described in the "Managing and Cancelling Subscriptions" section.
- Deleting the App from your device. Upon termination by the user, access to any paid features (including Gold Subscription and Boost (Shine)) will continue until the end of the current billing period. No refunds will be provided for unused portions of a subscription term.
5.2 Termination by Darling
Darling reserves the right, at its sole discretion, to suspend or terminate your account, restrict your access to the App, or remove any content you have provided, without prior notice, for any of the following reasons:
- Violation of these Terms and Conditions, our Privacy Policy, or any other policies or guidelines issued by Darling.
Engagement in fraudulent, abusive, or illegal activities.
- Misuse of the App, including but not limited to harassment, impersonation, or posting inappropriate content.
Non-payment of subscription fees or any other applicable charges.
- At the request of law enforcement or other government agencies.
- Any other conduct that Darling, in its sole discretion, believes to be harmful to the App, other users, or Darling’s business operations.
5.3 Effects of Termination
Upon termination of your account:
- You will immediately lose access to all features of the App, including any Gold Subscription or Boost functionality.
Any data associated with your account, including your profile, matches, conversations, and other content, may be deleted or irretrievably lost, without any obligation to retrieve or restore it.
- Any fees or charges paid prior to termination are non-refundable, and you will not be entitled to any credit or prorated refund for any remaining time on your subscription.
- Darling is not liable for any loss of data, revenue, or other damages resulting from the termination of your account.
5.4 Reinstatement
Darling may, at its sole discretion, allow the reinstatement of a terminated account. Requests for reinstatement can be made through our support team, but Darling is under no obligation to restore any account, subscription, or data.
6. Privacy Policy
Your use of the App is also governed by our Privacy Policy, which can be found Privacy Policy. By using the App, you agree to the terms of the Privacy Policy.
7. Disclaimers and Limitation of Liability
Disclaimers
Darling provides the service under the conditions of "AS IS" and "AS AVAILABLE." To the extent permitted by applicable law, no warranties of any kind, whether express, implied, statutory, or otherwise, are granted with respect to the service, including all content contained therein. These include, but are not limited to, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Darling does not guarantee or warrant that (A) the service will be uninterrupted, secure, or error-free, (B) any defects or errors in the service will be corrected, or (C) that any content or information obtained through the service will be accurate.
Darling disclaims any responsibility for any content posted, sent, or received by you, another member, or a third party through the service. Any material downloaded or obtained through the use of the service is done at your own discretion and risk.
Limitation of Liability
Neither we nor any owner shall be held liable for any damages, whether direct, indirect, incidental, consequential, special, or punitive, including, but not limited to, loss of data, income, profit, or goodwill, as well as loss of or damage to property and third-party claims arising from your access to or use of the app, site, our content, or any member content. These damages may arise from various causes, including breach of contract, tort (including negligence), infringement of proprietary rights, product liability, or any other legal basis.
This disclaimer applies even if we were informed of the potential for such damages. If you are dissatisfied with the app or site in any way, your sole and exclusive remedy is to cease using the app and site.
The limitation of liability outlined here is a fundamental aspect of the agreement and represents a fair distribution of risk. The provision of the app and site would not be feasible without such limitations. You agree that the limitations, exclusions of liability, disclaimers, and exclusive remedies stated here will endure even if they are deemed to have failed in their essential purpose. However, this provision does not affect liability arising from fraud or fraudulent misrepresentations or any other liability that cannot be restricted by applicable law.
8. Your Engagement with Fellow Members & Member Disagreements.
You bear the sole responsibility for your communication and interactions with other members on Darling. While Darling retains the right to monitor disputes that may arise between you and other members, it is not obligated to do so. Darling also retains the right to take necessary actions against members who violate the terms, but it is not obligated to disclose these actions to other members, including those who filed complaints. Darling explicitly disclaims any responsibility or liability for transactions or interactions among members.
9. Changes to Terms
You bear the sole responsibility for your communication and interactions with other members on Darling service. While Darling retains the right to monitor disputes that may arise between you and other members, it is not obligated to do so. Darling also retains the right to take necessary actions against members who violate the terms, but it is not obligated to disclose these actions to other members, including those who filed complaints. Darling explicitly disclaims any responsibility or liability for transactions or interactions among members.
We reserve the right to update, modify, or replace these Terms at any time. By continuing to use the App after any changes, you agree to be bound by the revised Terms.
10. In-App Purchases – Gold Subscription and Boost (Shine)
By purchasing the Gold Subscription or Boost (Shine) functionality within the Darling matrimony mobile app (the "App"), you agree to the following terms and conditions, which apply in addition to Darling's overall Terms and Conditions and Privacy Policy.
10.1 Purchase of Gold Subscription
- The Gold Subscription grants users access to premium features within the App, such as increased profile visibility and enhanced communication tools. The specific features included in the Gold Subscription may vary and are subject to change without prior notice.
- Your iTunes account will be charged at the time of purchase confirmation, and the subscription will automatically renew at the end of each subscription term (e.g., monthly or annually) unless canceled at least 24 hours before the renewal date.
- Renewal charges will be billed within 24 hours before the end of the current subscription period.
- Pricing for the Gold Subscription is displayed at the time of purchase within the App and may vary depending on your location, currency, and any promotional offers that may be available.
10.2 Purchase of Boost (Shine)
- The Boost (Shine) functionality provides a temporary increase in your profile's visibility to other users of the App. This feature may be purchased separately and does not require a Gold Subscription.
- Once purchased, the Boost (Shine) will be applied immediately and will remain active for the duration specified in the App at the time of purchase.
- All Boost (Shine) purchases are non-refundable and non-transferable. The pricing for Boost (Shine) is displayed at the time of purchase and may vary depending on your location or promotional offers.
10.3 Payment and Billing
- All in-app purchases, including the Gold Subscription and Boost (Shine), are processed through Apple’s iTunes billing system. Payment will be charged to your iTunes account upon confirmation of purchase.
- Prices may vary due to currency conversion, applicable taxes, or other factors determined by Apple or your financial institution.
- By making an in-app purchase, you agree that all charges are non-refundable, except as required by applicable law.
10.4 Managing and Cancelling Subscriptions
- You can manage or cancel your Gold Subscription at any time by accessing your account settings in the App Store. To avoid being billed for the next subscription period, auto-renewal must be turned off at least 24 hours before the current period ends.
- To manage or cancel your subscription:
- Open the App Store on your Apple device.
- Tap on your profile icon and select Subscriptions.
- Find the Darling Gold Subscription and select Cancel Subscription.
- Once canceled, you will retain access to the Gold features until the end of your current billing cycle. After that, your subscription will not renew, and you will lose access to the premium features.
- Failure to cancel within the designated timeframe may result in a renewal charge. Darling will not be responsible for refunds due to failure to properly manage or cancel subscriptions through the App Store.
10.5 Refunds
- All purchases of Gold Subscription and Boost (Shine) are final. No refunds will be issued for unused portions of the subscription or Boost (Shine) feature unless required by applicable law.
- Any requests for refunds must be made through Apple’s support services, as Darling does not have access to manage or process refunds for in-app purchases.
10.6 Limitation of Liability
- By purchasing and using the Gold Subscription or Boost (Shine), you acknowledge and agree that the services are provided "as is" and "as available" without any warranties of any kind, either express or implied.
- Darling is not liable for any issues arising from Apple’s billing system, payment processing, or subscription management services. Any billing disputes or refund requests must be directed to Apple.
- Darling is not responsible for the availability, performance, or security of the iTunes platform.
- Darling shall not be held liable for any indirect, incidental, consequential, or punitive damages related to your purchase or use of in-app subscriptions or features. This includes but is not limited to, any disruptions in service, data loss, or profile visibility that may occur during the use of the Gold Subscription or Boost (Shine) feature.
10.7 Changes to Pricing and Features
- Darling reserves the right to modify the pricing, features, or availability of the Gold Subscription and Boost (Shine) functionality at any time. Any such changes will be communicated to users via the App, and the new pricing will take effect upon renewal or future purchases.
- Continued use of the Gold Subscription or Boost (Shine) after changes to these terms constitutes acceptance of those changes.
10.8 Termination of Services
- Darling reserves the right to terminate your Gold Subscription or access to Boost (Shine) if you violate any of the terms of service or misuse the platform in any way, without notice and without the possibility of a refund.