Terms and Conditions
Welcome to Colony ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Colony mobile application and related services (collectively, the "Service") provided by DKAS BookNow Pvt Ltd ("Company," "we," "us," or "our").
By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using Colony, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Eligibility and Age Requirements
2.1 Minimum Age
You must be at least 13 years old to use Colony. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you represent that you have your parent's or legal guardian's permission to use the Service and that they have agreed to these Terms on your behalf.
2.2 Children Under 13
Colony is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information promptly. If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us immediately at privacy@colony.city.
2.3 Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Description of Service
Colony is a communication platform that enables users to:
- Send and receive private messages with other users
- Participate in group conversations
- Make voice and video calls
- Share media files, including images, videos, audio, and documents
- Access and manage their communication history
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
4. User Accounts and Registration
4.1 Account Creation
To use certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly if it changes.
4.2 Account Security
You are solely responsible for maintaining the security of your account and password. You agree not to share your account credentials with any third party. You must immediately notify us of any unauthorized access or use of your account.
4.3 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without cause or notice, for any reason, including but not limited to violation of these Terms, illegal activity, or fraudulent behavior.
5. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Service to violate any applicable local, state, national, or international law or regulation
- Transmit, upload, or share any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity
- Transmit, upload, or share any content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Transmit, upload, or share any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation
- Transmit, upload, or share any material containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service
- Use any robot, spider, or other automatic device to access the Service for any purpose without our express written permission
- Collect or store personal data about other users without their express permission
- Use the Service to harm minors in any way, including but not limited to sharing inappropriate content with minors
- Engage in any activity that violates the privacy rights of others
6. Content and Intellectual Property
6.1 User Content
You retain ownership of any content you create, upload, or share through the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content solely for the purpose of operating and providing the Service.
6.2 Content Moderation
We reserve the right, but not the obligation, to monitor, review, and remove any User Content that violates these Terms or is otherwise objectionable. We may also suspend or terminate accounts that repeatedly violate these Terms.
6.3 Our Intellectual Property
The Service, including its original content, features, and functionality, is owned by DKAS BookNow Pvt Ltd and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.
7. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
8. Third-Party Services and Links
The Service may contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party services.
9. Service Availability and Modifications
We strive to provide a reliable Service, but we do not guarantee that the Service will be available at all times or that it will be error-free. We reserve the right to:
- Modify, suspend, or discontinue any aspect of the Service at any time
- Perform scheduled or unscheduled maintenance
- Update the Service to add or remove features
- Impose limits on certain features or restrict access to parts of the Service
10. Disclaimers and Limitation of Liability
10.1 Service Provided "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DKAS BOOKNOW PVT LTD, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
10.3 Maximum Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, FOR ACCESSING THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
11. Indemnification
You agree to indemnify, defend, and hold harmless DKAS BookNow Pvt Ltd, its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your User Content caused damage to a third party
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us at support@colony.city or through the account settings in the Service.
12.2 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.
12.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If such negotiations are unsuccessful, the dispute shall be subject to the exclusive jurisdiction of the courts located in India.
14. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will notify you by email or through a prominent notice on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and DKAS BookNow Pvt Ltd regarding the use of the Service and supersede all prior agreements and understandings.
17. Contact Information
If you have any questions about these Terms, please contact us at:
DKAS BookNow Pvt Ltd
Email: legal@colony.city
Support: support@colony.city
18. Acknowledgment
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.