Terms of Service

1. INTRODUCTION

These Terms & Conditions are between Kinkd, operated by Dominant Life Limited (the “Company”, “we”. “us”, “Kinkd” or “our”) and you (“you”, “your”, or “yourself”).

1. We are proud to provide online personals services for single adults to meet each other.
2. These Terms & Conditions, combined with our Privacy Policy, form a legally binding Agreement between you and us (“Agreement”).
3. We are responsible for the content of this website. Our details are:
4. The Agreement, as it may be amended from time to time, applies to all users of any our Services.
5. If you become a Member, you will be able to access the Services associated with the Company product(s) for which you hold a Membership. If you meet certain requirements, the Company may in its discretion make your profile visible to Users of other Websites and Apps operated by the Company or group companies for which you do not have a Membership.
6. The Agreement also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that:
7. we own and control and make available to you; or
8. also post a link to this Agreement.
9. 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).
10. If you violate these Terms & Conditions, we may terminate your access to our Services.
1. YOUR PRIVACY – COLLECTION AND RETENTION OF PERSONAL INFORMATION

We do not always encrypt your messages, and we reserve the right to monitor those messages and other content for compliance with our Terms & Conditions (for example, where the content of your messages is reported for breaching our Terms & Conditions).

3. ACCOUNTS AND SECURITY
1. To access the Services, you must have an account.
2. You must maintain, and are responsible for, the confidentiality of your logon and password.
3. If requested, you must provide us with a form of identification to verify your identity.
4. The Services are open to everyone – subject to approval of an application by the Company according to these Terms & Conditions.
5. You may not use our Services if:
6. You are under the age of 18.

Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information;

7. You have ever been convicted of a violent or sexually related criminal offence.

We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Company cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member. For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place.

8. You have previously been banned from using our Services or similar services.

The Company cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organised by the Company or by others using the Services.

4. You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services.
5. If you do not accept the Privacy Policy and these Terms & Conditions, you are not entitled to access our Services.
6. The Company reserves the right to offer admission to its Services in its full discretion.
7. By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
8. Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions.
9. Each User irrevocably undertakes to refrain from:
1. Discrimination on the basis of a User’s real or supposed: age, race, color, 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;
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;
3. Engaging in any illegal activity whatsoever using our Services;
4. Posting any content or making any statement in any form which:

(a) 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;
(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
(d) is defamatory, obscene, pornographic, vulgar or offensive;
(e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) is violent or threatening or promotes violence or actions that are threatening to any other person;
(g) promotes illegal or harmful activities or substances;
(h) contains a link to any of content associated with the above prohibitions; and
(i) is otherwise contrary to applicable laws and regulations; and

5. Disseminating any personal information of any other User, including any contact details or similar, without that User’s consent.
9. Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.
10. We conduct regular inspections of the use of our Services, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
11. We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
12. 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.
13. You shall select a username when signing up to our Services.
14. When you sign up, you will become a Member of the particular brand of the Services 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 without specific registration.
15. 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.
16. All Users undertake not to use another Member’s username or password, or any other personal information of another User.
17. Each Member shall take care not to disclose strictly personal information.
18. We will take any necessary measures to halt fraudulent behaviour, including to prevent the prohibited sharing of usernames or passwords.
19. 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.
20. AUTOMATIC RENEWAL
21. 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.

Auto-renewable Subscription Policy on Apple App Store.
      - If you choose to purchase a premium subscription, payment will be charged to your iTunes Account at the confirmation of purchase, and your account will be charged for renewal within 24 hours prior to the end of the current period.
- Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
- Your subscription may be managed (and auto-renewal can be turned off) by going to your iTunes Account Settings after purchase.
- Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice.

23. CANCELLATION AND WITHDRAWAL
24. Cancellation must take place according to the relevant Cancellation methods employed by the Google Play and Apple App Stores.
25. PROVISION OF THE SERVICE
26. 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.
27. 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.
28. 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.
29. You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:
1. any of your data posted or otherwise provided on the Services;
2. your Material;
3. your use of the Services and your activities in connection with the Services, including your communications and meetings with Members you meet through the Services;
4. your breach or alleged breach of this Agreement or any additional terms;
5. your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services;
6. 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;
7. any misrepresentation made by you; and

1. the Related Parties’ use of the information that you submit to us (including your Material) You will cooperate as fully required by Related Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Related Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Related Party.

30. These Terms & Conditions and the Privacy Policy contain the entire Agreement between you and the Company. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
31. The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.
32. 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.
33. 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.

1. How to contact us

If you have any questions about this Privacy Policy, please contact us by email at [email protected].

Our company details are:
Dominant Life Limted
12/F., San Toi Building,
137-139 Connaught Road Central,
Hong Kong.