Welcome to Nixler’s Terms and Conditions of Use (these "Terms''). This is a contract between you and Meteora Technologies Pvt. Ltd. (as defined further below) and we want you to know yours and our rights before you use the Nixler website or application (''Nixler '' or the "App"). Please spare a few minutes and go through this as once you become an active user or register yourself on Nixler you will be legally bound by these terms and conditions.
Before you can use the App, you will need to register for an account ("Account"). In order to create an Account you must:
be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country; and
be legally permitted to use the App by the laws of your home country.
You can create an Account via manual registration, or by using your Facebook login details. If you create an Account using your Facebook login details, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy.
By using our App, you acknowledge that we may collect and use your data and information in accordance with our Privacy Policy.
Unfortunately, we cannot allow you to use another person's Account or to share your Account with any other person without permission.
You'll have great fun on Nixler, but if you feel the need to leave, you can delete your Account at any time by going to the 'Settings' page when you are logged in and clicking on the 'Delete account' link.
Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App.
Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice
for violating these terms,
due to your conduct on the App, or your conduct with other users of the App (including your "offline" conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper,
if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or
for any reasons whatsoever that we deem, in our sole discretion, justifies termination. 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.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
There are three types of content that you will be able to access on the App:
content that you upload and provide (“ Your Content"); content that members provide ("Member Content"); and content that the Nixler Group provides (including, without limitation, database(s) and/or software) ("Our Content"). There is certain content we can't allow on Nixler. We want our users to be able express themselves as much as possible and post all sorts of things on Nixler, but we have to impose restrictions on certain 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);
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);
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); encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
is defamatory or libelous; relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of "junk" mail or “spam";
contains any spyware, adware, viruses, corrupt files, worm programs 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 Nixler or otherwise;
itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
shows another person which was created or distributed without that person's consent;
is harmful to minors; or
impersonates any other person, including falsely stating your name.
Meteora Technologies Pvt. Ltd. operates a zero-tolerance policy for this kind of content. Your Content.
You agree that Your Content must comply with our Guidelines, as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post!
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.
As Nixler is a public community, Your Content will be visible to other users of the App all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user's profile or shared content from other Nixler Users). By uploading Your Content on Nixler, 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 Your 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 your content - if it's important, you should make a copy. So that we can prevent the non-consent use of Your Content by other members or third parties outside of Nixler, 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
Member Content
Other members of Nixler will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users
Member Content, and you may only use other Nixler users' personal information to the extent that your use of it matches Nixler's 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.
Our Content
You may be wondering what happens to the rest of the Content on Nixler. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Nixler, as well as the Nixler software and databases), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights.
All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
you shall not use, sell, modify, or distribute
Our Content except as permitted by the functionality of the App; you shall not use our name in keywords and/or hidden text;
you shall not create derivative works from Our Content or scrape, disable, decompile, analyse or in any way commercially exploit Our Content, in whole or in part, in any way; and
you shall use Our Content for lawful purposes only. We reserve all other rights.
No Obligation to Pre-Screen Content.
Since Nixler is an online community, we generally try to avoid getting in the way and therefore don't assume any obligation to pre-screen any of Your Content or any Member Content.
However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.
You agree to:comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name and real age in creating your Nixler account and on your profile; and use the services in a professional manner.
You agree that you will not:act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
stalk or harass any other user of the App; 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 Nixler or its services, or otherwise copy profiles and other data from the services.
We don't like users misbehaving in the Nixler community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. 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 Nixler 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 App without prior notice, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.
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 App.
No Harassment of Nixler Employees or Agents; the User is prohibited from harassing, annoying, intimidating or threatening any Nixler employees or agents engaged in providing any portion of the Services. If any User breaches this provision of these Terms and Conditions, then the Nixler may take any legal action it deems appropriate against such User without prejudice to Nixler’s any other rights in law or tort.
You understand that Meteora Technologies Private Limited does not currently conduct criminal background checks on its users Meteora technologies Private Limited also does not inquire into the background of its user or attempt to verify the statements of its users. Meteora Technologies Pvt. Ltd. Makes no representations or warranties as to the conduct of any users or their compatibility with any current or future users. Meteora Technologies Pvt. Ltd. Reserves the right to conduct any criminal background checks or other screenings (such as sex offender registration searchses) at any time and to use available public records for any purpose.
No Advertising or Commercial Solicitation; the User undertakes not to advertise or solicit any user to buy or sell any products or services through the Site or Services. Users are strictly prohibited against transmitting any chain letters, junk or spam e-mail to other users. Further, no User shall use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent of Nixler and the other such User. It is clarified that any such use of information shall be to the sole liability and responsibility of the User engaging in such activity. Breaching by any of the Users of the terms of this subsection and sending or posting unsolicited bulk
email, "spam" or other unsolicited communications of any kind through the Services will cause substantial harm to Nixler, and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, the User shall be liable and agrees to pay Nixler a minimum of INR 1,00,000.00 for each such unsolicited communication.
Scraping or replicating any part of the App 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 with us.
For information about how the Meteora Technologies Pvt. Ltd. collects, uses, and shares
your personal data, please check out our Privacy Policy. By using Nixler, you acknowledge that we may use such data in accordance with our Privacy Policy.
Ownership of Proprietary Information; the User confirms and agrees that Nixler is the owner of highly valuable proprietary information, including without limitation, the patented compatibility matching system, compatibility profiles, and Personality Assessment being shared on the Site (collectively, "Confidential Information"). Nixler owns and hereby retains all proprietary rights in the Services, the information provided in the Site and the Site, including but not limited to, all Confidential Information.
No Use of Confidential Information; the User undertakes to not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted or copyrightable material, trademarks, or other proprietary information accessible via the Services, Site or the information on the Site without first obtaining the prior written consent of Nixler, who is the owner of such proprietary rights.
License to Posted or Accessed Content; by posting information or content to any profile pages or public area of the Services, or making it accessible to Nixler by linking the User account with the Site to any social network accounts (e.g. via Facebook, twitter etc.), the User grants unconditionally and in perpetuity, and represents and warrants that the User has the right to grant, to Nixler and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, Nixler may create, test or implement new features or programs on the Site in which the User may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, the User grants an unconditional and perpetual right to Nixler and consents to terms and conditions (if any) of such features or programs.
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Nixler services, such as enhancements, offers, products, events, and other promotions. After downloading the App, 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 App, 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 either following the specific instructions included in such communications.
The App 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 App 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 authorise the App 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 App uses and retains your information, please read the Privacy Policy.
Risk Assumption and Precautions: All risks when using the Services and the Site, including but not limited to all of the risks associated with any online or offline interactions with others, including meeting other matches remain with the User. The User is expected to use his / her best judgment in experiencing any of the benefits/ requirements of the Services. The User agrees to take all necessary precautions when meeting individuals through the Site and under the Services. In addition, the User agrees and confirms to review and follow the recommendations set forth in the Site as pointers to Safety and/ or mailed to User from time to time. The User undertakes to adhere to the Safety pointers and shall all times be responsible for all outcomes of meeting/ sharing information and/ or being in a short or a long term relationship through the Services/ Site. It is accepted and understood by the User that at all times the User shall use his/ her judgment and discretion in receiving the Services through the Site or proceeding with a match and/ or deciding to be in a relationship with a match herefrom.
No Guarantees: Nixler through the Site and its specific systems attempts to provide matches on a best effort basis, however, every User may not find ideal matches through the Services. Furthermore, Nixlerdoes not make any representations or guarantees regarding the number or frequency of matches through the Service, or the ability, desire
or criteria of such proposed matches to communicate with the User. The User fully understands and accepts that Nixle Makes no guarantees, either express or implied, direct or indirect, regarding User’s ultimate compatibility with matches’/ individuals the User meets through the Service or as to the conduct of such individuals.
Additionally, we do not make any warranties that the app or site will be uninterrupted, secure or error free or that your use of the app or site will meet your expectations, or that the app, site, our content, any member, content, or any portion thereof, is correct, accurate, or reliable. Your use of the app or site is at your own risk. You are solely responsible for your interactions with other members. The next class group is not responsible for the conduct of any user.
Meteora Technologies Pvt. Ltd. Does not conduct criminal background checks on its members.
Neither us or any owner will be liable for any damages, direct, indirect, incidental, special, consequential, including, profit, or goodwill, loss, or damage to property, and claims of third parties arising out of your access to or use of the app, site, or content, or any member content, however, caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The foregoing shall apply even if your advice of the possibility of such damages. If you become dissatisfied in any way with the app or site, your sole and exclusive remedy is to stop your use of the app and site.
You hereby waive any and all claims arising out of your use of the app or site. If any portion of this limitation on liability is found to be invalid or unenforceable, for any reason, then our aggregate liability shall not exceed the predetermined amount.
The limitation of liability here and as a fundamental element on the basis of the barking and reflects of you are a location of race. The app on site would not be provided without such limitations and you agree to the limitation and execution of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. The foregoing does not apply to liability arising from any fraud or fraudulent misinterpretation or any other liability that cannot be limited by applicable law.
All the actions you make and information you post on Nixler remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from
and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or wilful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.
The foregoing provision does not require you to indemnify Nixler Group for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
If you believe any content on Nixler infringes the copyright in a work that you own, please submit a notification alleging such infringement to Meteora technologies Pvt. Ltd. copyright Agent. The Takedown Notice must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Takedown Notices should be sent to Nixler.
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and the Nixler Group and not with the providers of the Third Party Store, and the Nixler Group (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Nixler Group is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Nixler Group.
The Nixler Group, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (it) any claim that the App fails to conform to any applicable legal or regulatory requirement;
(li) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
In the event of a conflict between a Third Party Store's or mobile carrier's applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
You can delete your Account at any time by logging into the App, going to the "Settings" tab (the gear icon), and following the instructions to terminate your account. Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to any other kind of refund.
In the event that Nixler Group determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which the Nixler Group regards as inappropriate or unlawful (whether on or off the App), Nixler Group reserves the right to: (a) warn you via email (to any email addresses you have provided to Nixler Group) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Nixler Group deems to be appropriate. You agree that all terminations for cause shall be made in Nixler Group's sole discretion and that Nixler Group shall not be liable to you or any third party for any termination of your Account.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
If your account is terminated by you or by the Nixler Group for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or UPI, which will be processed by a third-party processor. Once you have made an In-App 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.
Nixler may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT Nixler’S THEN-CURRENT PRICE
FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account
or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Nixler changes these prices and you do not cancel your subscription, you agree that you will be charged at Nixler’s then-current pricing for subscription.
Canceling Subscriptions
If you purchased a subscription directly from Nixler, 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-App Purchases enabled by your subscription.
Refunds
All charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
There are a few more things we need to mention before you can use Nixler.
These Terms, which we may amend from time to time, constitute the entire agreement between you and Meteora Technologies Pvt. Ltd . 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.The Nixler Group has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Nixler and provides that information on an "as is'',"as available" basis. The Nixler Group does not give or make any warranty or representation of any kind about the information contained on Nixler, whether express or implied. Use of Nixler and the materials available on it is at your sole risk. The Nixler Group is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Nixler is free of viruses or other harmful components. You accept that Nixler will not be provided uninterrupted or error free, that defects may not be corrected or that The Nixler Group, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The Nixler 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 Nixler Group may take place via electronic means, whether you use the App or send Nixler Group emails, or whether Nixler Group posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Nixler Group in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nixler Group provides to you electronically satisfy if it were to be in writing.
We know our Terms are awesome, but we may have to change them now and again
As Nixler grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It's also possible that we might ask you to agree to our Changes, but we'll let you know. You should regularly check this page for notice of any Changes.
We want our users to be as informed as possible.
Your continued use of Nixler following any change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Nixler immediately (uh oh, that's going to be hard!).
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
In the event there is a discrepancy between this
English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the App, please contact us at nixler.xyz
Subject to your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with the Nixler Group, and these Terms are governed and interpreted by the laws of India. 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 Nixler. The arbitration proceedings shall be held in English at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
The Terms were last updated on: 04/10/2023