Terms of Services

For definition of some terms, please go to Definition

Article 1: Scope

 

The TOS define the rights and obligations of the parties when using the Application. They form the basis of the contractual relationship between the Member and Kuckie.

 

1.1 Conflicting Rules

 

These Terms of Service (TOS) determine the main rules of use for the Application. They are supplemented by additional policies – the Privacy Policy, the Cookies Use Policy and the Confidence Charter – in order to provide the Member with clearer guidance on how to use the Application. In the event of a conflict between the various policies making the rules inaccessible, unintelligible and/or unpredictable, these TOS shall prevail over the Privacy Policy, the Cookies Use Policy and the Confidence Charter.

 

1.2 Independence of Provisions

 

Should any provision of these TOS be declared invalid or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these TOS become distorted, or the obligations of the parties significantly thrown out of balance.

 

Article 2: Amendments to the TOS

 

2.1 Updates

 

KUCKIE reserves the right, unilaterally and at any time, to add to or amend these TOS as it sees fit or to terminate the Services.

The Member will be informed of updates to the TOS via the Application and/or by email sent to the address provided by the Member. It is the Member’s responsibility to ensure that this email address is valid.

It is the Member’s responsibility to carefully read the updated TOS and to be fully aware of any changes ensuing from said updates.

Complete acceptance of the changes is implied by the Member’s continued use of the Application’s Services following the updates.

Should the Member not agree with changes made to the TOS, he or she has the option to end the Services and delete his or her Account as per Article 14.3.

 

2.2 Immediate Effect

 

All new versions of the TOS shall be effective immediately for all Members.

 

Article 3: Governing Law and Dispute Resolution

 

3.1 Governing Law

 

These TOS shall be governed by Hong Kong law, exclusive of its conflict of laws rules. 

 

3.2 Dispute Resolution

 

In the case of dispute, the Member agrees to contact Kuckie directly in writing (by email or letter, to the email or postal address provided in article 15 hereof) prior to taking any judicial or extra-judicial action, in order to try and find an amicable settlement to this dispute.

In the case of failure, the Member is informed that he or she may choose to have recourse to mediation, free of charge, and submit its dispute to the Online Dispute Resolution platform proposed by the European Commission, which may be accessed at the following address: http://ec.europa.eu/consumers/odr/.

Any challenge or dispute related to the formation, interpretation, performance or expiry of these TOS or in any connection therewith which has not been amicably settled shall be submitted to the relevant courts.

 

Article 4: Registration

 

4.1 Application Download Options

 

The Application is available on the Apple and Google official download platforms and via la Kuckie Webapp, which is free to access at this address: https://app.kuckie.com . It can be downloaded free-of-charge from the Apple App Store and the Google Play Store, on iPhones running version iOS 10 or higher, and Android Smartphones running version 5 or higher.

 

4.2 Member’s Rights when Registering

 

Provided that the required conditions for Member status are met, Kuckie shall assign the Member a personal Account.

A Member may only have one Account.

 

4.3 Obligations of the Member when Registering

 

The Member must be over the age of 18, and must guarantee that all information provided when registering is true and up-to-date.

 

Registration can be done in these ways:

 

– via the Facebook Connect: the social network enables Kuckie to use the Member’s profile photo, first name, age calculated based on date of birth in order to create a “profile” page.  Consequently, the Member must check the accuracy of his or her Facebook information before registering with the Service.

 

– via a cell phone number: in this case, no information on the Member may be automatically retrieved and it is his or her responsibility to supply personal information such as first and last name, sex, date of birth as well as other additional information if desired and one or more personal photos at the time of registration.

 

– Via Apple or Google Sign in: it is the Member’s responsibility to provide information relating to him or her, such as first name, last name, gender, date of birth, and other additional information if he or she wishes. The Member must also provide one or more photos of himself or herself when registering.

 

– Via the Kuckie Webapp via Facebook Connect or Google Sign in.

 

Upon registration, the Member accepts these TOS and the Privacy Policy and agrees to fulfill his or her obligations, and particularly those set out in the Member Code of Conduct defined in Article 8 of these TOS.

 

Article 5: Services and Features

 

5.1 Purpose of the Service

 

Kuckie is an online dating application enabling Members to find, in the Application, people with whom they have crossed paths or may cross paths, and people in whom they may be interested based on their search preferences or profile activity or their Member Characteristics. This Application is for personal and recreational use only. Each Member is free to talk to and from relationships with other Members in compliance with these TOS and the law.

The Services offered by Kuckie may in no case be likened to a counseling or marriage bureau service. Its sole aim is to facilitate virtual or real-life meet-ups through the Application between Members with mutual interests, according to their locations and preferences.

 

5.2 Services for Members

 

The Kuckie services are available on the Application free of charge (apart from connection and telecommunications costs) for Members who agree to comply with these TOS.

 

Article 6: Protection of Personal Data

 

Kuckie is very concerned with the protection of your personal data and the respect of your privacy. We suggest that you read our Privacy Policy and our Confidence Charter carefully to better understand how we process your personal data.

 

Article 7: Kuckie’s Obligations and Liability

 

7.1 Technical Resources and Security

 

Kuckie agrees to provide the infrastructure and technical resources to provide a high-quality service to Members with an iPhone device running operating system version iOS 10 or higher, an Android Smartphone running version 5 or higher.

Kuckie cannot be held liable for any operating fault on the Member’s device or for any compatibility issue between the Application and the device.

In addition, every effort is made to ensure that the risks of fraudulent access to Kuckie’s system are minimized.  In this respect, Kuckie uses a firewall or equipment located between the Internet and the company’s private network, in order to make its security more robust by filtering traffic to and from the internet. It is, however, impossible to fully guarantee the security of a network.

Kuckie is not responsible for any failures, interruptions or poor performance of the Member’s internet provider Services, or for any cause beyond Kuckie’s control which might interrupt or have an adverse effect on access to Kuckie Services.

The Member must have access to a secure email account. If such a precaution is not taken, or even if it is, while this probability remains low, the Member’s Account may be vulnerable to fraud.

Kuckie shall also endeavor to avert Members of any exceptional risk of receiving spam Messages or Messages claiming to have been sent by Kuckie. The Member must be attentive and vigilant in order to avoid being the victim of scams and report any of the above circumstances to Kuckie by sending a letter or email to the address provided in Article 15 hereof.

 

7.2 Illegal Conduct 

 

Kuckie and its partners cannot be held liable for actions by its Members which are illegal or which incur criminal penalties, including but not limited to:

 

• All types of scams,

• All activities of a commercial or professional nature,

• Prostitution,

• Identity theft,

• An infringement of a third-party intellectual property right,

• An infringement of personal rights, such as image rights and the respect of the right to privacy.

 

7.3 Reporting and Community Moderation System

 

As a hosting provider, Kuckie has no legal obligation to monitor the content sent or stored via the Application.

However, as a hosting provider, Kuckie must set up a reporting and community moderation system in order to report some unlawful, abusive and prejudicial content.

In such case and after due verification by Customer Service, Kuckie commits to promptly remove the said content.

Kuckie has therefore equipped the Application with a reporting and community moderation system, allowing Members to report the content if it constitutes apology for crimes against humanity, apology for and incitement to terrorism, incitement to racial hatred, incitement to hatred based on gender, sexual orientation or handicap and inter alia child pornography, incitement to violence against women and violation of human dignity.

Guided by an extremely strict professional ethic and refusing any association with violent or insulting Members as well as unlawful, abusive or prejudicial content, Kuckie’s team takes this reporting procedure very seriously, which may also be implemented in the case of statements contrary to accepted social etiquette.

The Member having originally published the reported content will in no case be informed of the identity of the report’s author.

Outside the scope of this reporting system, the Member can decide to block another Member whose conduct does not comply with the rules of etiquette in order to prevent any conversation with him or her, particularly if they think this Member is bothering them in one way or another.  This action is confidential and enables Members to control the Members with whom they want to keep in touch or not. 

Should content be published that was reported and that may be seen as a violation of law or regulations, the Member who is a victim of this content is encouraged to submit a complaint to the appropriate police authorities.

The reporting system put in place by Kuckie does not replace any complaint and judicial procedure against a Member who authored the reported content.

Any misuse of the community moderation system or any unjustified reporting of a Member shall be considered a breach of these TOS, and penalties may be imposed including Account suspension/termination, pursuant to Article 14.4 of the TOS.

 

7.4 Duty of Caution

 

The Member is solely liable for checking the identity of the people with whom he or she wishes to arrange a “real-life” meet-up. Kuckie may not be held liable for any problems whatsoever arising from a “real-life” meet-up.

Similarly, the Member is solely liable for checking the identity of the match. Kuckie may not be held liable for any incidents occurring.

 

7.5 Group Events

 

Any use of Kuckie Services to organize a group meeting of its Members constitutes a misuse of the Service. This is why using the Application to plan or organize a demonstration in a public place is strictly prohibited. Should such a meeting take place, Kuckie may not be held liable in the case of a public order offense or any damage caused by such meeting.

 

Article 8: Member Code of Conduct

 

8.1 Duty of Fairness and Honesty when Registering

 

In order to become a Member, all of the following conditions must be met:

 

• Must be an adult as specified by Hong Kong law (minimum of 18 years old on last birthday).

• Must have honestly and truthfully filled out the Facebook profile information or directly in the Application in the case of registration via a cell phone number via Apple or Google Sign in, or via the Kuckie Webapp. The Member must have provided the first name, sex and date of birth shown in his or her personal information. Failing that, the Member agrees to correct any errors on his or her Facebook profile, and to activate syncing of information between his or her Facebook profile and his or her Account. At the same time, the Member agrees to provide a valid email address.

• Must agree to regularly update the information provided when accessing his or her Account from the Application.

• Must have read these TOS and have accepted them when confirming his or her registration.

Kuckie does not have a legal obligation or the technical resources to verify the identity and age of Members. However, in the event of any doubt or cause for suspicion, or following the use of the “report” feature by a third party pointing to identity theft or fictitious or incorrect information, Kuckie shall conduct an investigation as quickly as possible and may correct the information provided where necessary without misrepresenting the Member’s profile.

For the duration of the investigation, Kuckie reserves the right to suspend the Account of any Member giving cause for suspicion as well as his or her access to the Application, and to conduct the necessary checks, in particular by asking him or her to send a copy of an official ID. The Member will be informed of the suspension of his or her Account via the application and/or by email to the address given by the Member.

Should the Member be unable to provide said proof, or in the case of a proven offense under these TOS, Kuckie may terminate the Account of the Member.

The Member agrees to have only one single account. Failing that, Kuckie may terminate the additional accounts.

 

8.2 Duty of Fairness and Honesty during Use

 

In order to remain a Member, all of the following conditions must be met:

• Be honest and truthful in his or her statements.

• Only post photos and/or profile information that allow a Member to be easily identified, and at the very least, in first position, one Profile Photo as previously defined, meaning one in which your face can be recognized clearly, these two criteria comprising a fundamental condition for using the Services, excluding photos and/or information in which third parties or items with no connection to the person or Member appear, such that Kuckie reserves the right to delete, at its discretion, any photo and/or profile that does not meet these requirements.

• Refrain from posting any confidential information about others such as financial data.

• Refrain from posting any content or photos on the Application which are pornographic or which violate modesty and human dignity.

• Respect the private nature of content and conversations exchanged with other Members through the Application, and therefore refrain from disclosing the content of such Messages to third parties.

• Refrain from violating intellectual property or laws on personality rights.

• Refrain from disrupting public order.

• Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.

• Comply with current laws and regulations.

• Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.

• Refrain from infringing upon accepted etiquette and standards of politeness with other Members.

• Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.

• Refrain from changing, copying, assembling, decompiling or otherwise attempting to use the Application’s source code, algorithms or software as well as those of Kuckie’s partners, for any purposes other than those provided in these TOS, especially for reverse engineering.

• Refrain from using robots or tools other than those provided by Kuckie when using the Application to contact other Members.

• Refrain from using the Application to arrange professional services (escort or other similar services).

• Refrain from approaching other Members with the aim of promoting paid services or products.

• Refrain from disclosing his or her login information to other Members, particularly the user name and password to his or her Account.

• Refrain from advertising or encouraging in any way the use of any other service, whether or not it is a competing service, and refrain from committing any offense relating to unfair competition.

• Refrain from using the Application to organize gatherings or demonstrations.

The Member shall not copy and/or disseminate, and/or transfer technical data that it might intercept on the network connected to the Kuckie application.

 

8.3 Personal Use

 

The Member agrees to use the Application solely for personal use. The Kuckie network must not be exploited for commercial, promotional, electoral or recruitment purposes. It is strictly prohibited to send Messages of a marketing and/or commercial nature and/or newsletters via the Kuckie inbox, including but not limited to content, guidelines or hyperlinks to third-party sites or materials, particularly those of Kuckie’s competitors.

 

8.4 Member’s Liability

 

The Member is only liable for his or her own actions and for the data that he or she publishes via the Application.

Should Kuckie be held liable for any failure by the Member to comply with its obligations, the Member shall hold Kuckie harmless against any conviction made against it regarding the Member’s infringement of the law or of these TOS.

 

8.5 Photos

 

All photos of a pornographic or exhibitionist nature, or which violate modesty and are generally offensive to moral values are strictly prohibited. The publication of such photos will be considered a serious offense which can lead to the suspension and/or termination of the Member’s Account, in addition to any other penalties that may be imposed by the courts.

 

8.6 Real-life Meet-ups

 

Kuckie advises Members who wish to arrange “real-life” meet-ups to be vigilant.  Members are solely responsible for verifying the identity of those with whom they meet. “Real-life” meet-ups are arranged independently of Kuckie and are the sole responsibility of Members. Kuckie cannot be held liable for any acts or problems of any type which have been committed or caused by Members and/or former Members when such events occur following use of the Application.  In this respect, one of the intended benefits of the Kuckie messaging service, again to ensure that Members remain safe and free from harassment, is to enable Members to decide which people should be allowed to see their profiles and talk to them.

As regards the people with whom the Member has agreed to exchange Messages, it is recommended that Members do not too readily reveal information which is not included in the profile such as a phone number, address or surname.  For safety reasons, Kuckie strongly advises that real-life meetings be arranged only in busy public places or that a friend or relative be informed of the meeting and that Members disclose their contact information only after a reasonable period of time.

 

8.7 Account Management

 

The Member must regularly consult his or her inbox and notifications, which Kuckie will use inter alia to keep the Member updated on information pertaining to its Services. This information may also be sent to the Member’s email address obtained through Facebook Connect or directly provided by the Member when registering with a cell phone number, or via Apple, Google Sign in, or via the Kuckie Webapp.

The Member may access the Services of his or her Account by connecting to the Application using a confidential user name and password. The Member is solely responsible for his or her login information and must ensure that no third party may access them. In particular, the Member shall specifically hold Kuckie harmless against any communication, use or declaration made using his or her Account.

 

8.8 Equipment

 

The cost of equipment (hardware or software) required to access the Services together with all other costs related thereto, including telecommunications costs, shall be borne solely by the Member.  The Member is solely responsible for the hardware used to access the Service.

 

9 Early Termination of the Contract by the Member or by Kuckie

 

In the event of breach of the TOS or a legal provision by the Member, Kuckie has the right to terminate the contract, effective immediately and without prejudice. Kuckie is not required to justify its decision to terminate to the Member.

 

Article 10: Communication with the Member

 

10.1 Push Notifications

 

The Member may receive push notifications through the Application to notify him or her of important events, including but not limited to:

• A message received from another Member,

• A note received from another Membre,

• A Message or vocal message received from another Member,

• A Message from Kuckie relating to the Member’s Account and/or Services.

The Member may change his or her push notification preferences through his or her Account settings.

 

10.2 Newsletter

 

Upon registration with the Application, the Member receives a newsletter from Kuckie.  The Member may unsubscribe at any time by clicking on the “unsubscribe” link provided in the newsletter and/or by exercising his or her right of refusal by sending an email to the address provided in Article 15 of the TOS.

 

10.3 Advertising and Promotional Messages

 

Kuckie is free to post, within the scope of execution of the contract and through the Application, advertising and promotional messages from advertisers and any other partner.

 

Article 11: Sponsoring

 

11.1 Inviting Friends

 

Kuckie allows its Members to invite friends to join the Application in order to widen the network and increase their chances of meeting someone. In return, Members who sponsor a new user receive Hellos as a gift. Sponsorship by Members is limited to a small circle of friends, relatives whom they actually know in real life. Consequently, group recommendations outside this circle are strictly prohibited.

 

11.2 Benefits

 

Kuckie reiterates that the benefits obtained from this optional feature are simple benefits solely for use as part of the Application. Kuckie in no case promises Members entitlement to any direct financial gain as a reward.

 

Article 12: Intellectual Property

 

12.1 Prerogatives related to Trademark Law

 

The Kuckie trademark is exclusively owned by Kuckie. Any reproduction and/or use and/or partial and/or total affixing and/or modification and/or deletion of the trademark and related rights, such as for example (without limitation) the Application’s slogan and logo, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without Kuckie’s prior, express and written authorization, and may give rise to legal proceedings.

 

12.2 Prerogatives related to Copyright

 

The original works provided by Kuckie are exclusively owned by Kuckie. Kuckie holds all of the related rights.

Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, photos, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without Kuckie’s prior, express and written authorization, and may give rise to legal proceedings.

 

12.3 License

 

The usage rights granted by Kuckie to the Member are restricted to private and personal use. Any other use by the Member is prohibited without Kuckie prior, express and written authorization.

The Member grants Kuckie and its partners a free-of-charge, non-exclusive, international and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component (text, photos, videos, etc.) that it may provide through the Application for the non-exclusive purpose of communicating with other Members. Kuckie shall use this license in a manner which complies with image rights and respect of the right to privacy which protects the user’s personal data, without misrepresenting the true nature of the Member’s profile and therefore in keeping with this profile. This license permits Kuckie to ensure that these components are compatible with its technical performance or the required media formats. These rights are granted on an international basis and throughout the performance of these TOS between the Member and Kuckie.

The Member shall retain ownership of any content and personal data that he or she provides.

The Member shall hold Kuckie harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party’s intellectual property rights. The Member shall hold Kuckie harmless against any claims or damages which may result from it including, but not limited to, requests for compensation.

 

Article 13: Counterfeiting, Unfair Competition and Parasitism

 

It is strictly prohibited to design a product similar to the Application or to create a derivative, and more generally to be guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. Kuckie reserves the right, in this case, to serve a writ on the Member in question in view of obtaining compensation for the injury caused by the Member.

Additionally, the Member who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Application to a third party in any way shall risk serious legal penalties.

 

Article 14: Termination

 

14.1 Deactivation of the Account by the Member

 

The Member may deactivate his or her Account without notice through the Application if he or she no longer wishes to be visible on it.

Once the profile has been deactivated:

• The Member’s profile will be made invisible to other Members in the past, present and future.

• There will be no change to the legal obligation for data retention.

• In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again.

 

14.2 Uninstallation of the Application by the Member

 

The Member may uninstall the Application from his or her cell phone at any time without notice. Consequently, the Member shall have no further access to the Application unless he or she downloads it again.

• The uninstallation of the Application does not delete the Member’s Account. It is therefore recommended to delete your Account on the Application before uninstalling it.

• The uninstallation of the Application has no incidence on the legal obligation for data retention.

• In the event of the Application being re-downloaded during the one-year period following the uninstallation of the Account, the details kept will be reallocated to the profile, which will be active again.

 

14.3 Deletion of the Account by the Member

 

The Member may decide, at any time and without notice, to permanently delete his or her Account using one of the following means:

    By deleting it of his or her own accord from the Application, by going to the Settings of the application.

    By sending a letter or email to Kuckie, whose postal address and email address are shown in Article 16 hereof.

Consequently, the Member’s profile will be permanently deleted.

Should the Member wish to start using the Application again after deleting his Account, he or she must register under the same terms and conditions as the initial registration.

Once the Account has been deleted:

• The Member’s profile will be made invisible to other Members.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon Kuckie in accordance with the terms set out by Article 9 of the Privacy Policy, and shall be permanently deleted thereafter.

The Member cannot reactivate his or her old Account.

 

14.4 Suspension/Termination of the Account by Kuckie in case of breach of TOS

 

In case of breach of TOS by the Member, his or her account can at any time be suspended as a safeguard measure and then terminated as of right by Kuckie.

Kuckie will be entitled to suspend a Member’s account as long as necessary to allow Kuckie’s customer service team to make all investigations necessary following the report as required by Article 7.3 hereof or in case of presumed breach of TOS which may be remediated.

The Member is invited to contact Kuckie customer service by email in order to obtain more information on the reasons for the suspension and in order to provide explanations and/or bring the proof that the breach has been remediated.

If within 30 days following the notification of the account suspension, the Member has not contacted Kuckie customer service, or if the elements given by the Members did not help to remedy the breach, Kuckie will be entitled to notify the Member of termination of his or Account via the Application and/or by email and inform the Member of the period in which he or she cannot re-register for the Application.  Unless stated otherwise, the duration of such removal is set at 1 year from the notification of termination of the Account.

 

Upon Termination of the Account:

 

• The Member’s profile will be made invisible to other Members;

The Member will not be able to create another account for a maximum 1-year period from the notification of the Account termination.

 

14.5 Termination of Inactive Accounts by Kuckie

 

Kuckie will delete inactive accounts as defined below.

An account is considered inactive if after a continuous period of one year, both of the following conditions are met:

• The Application of the Member did not establish contact with Kuckie’s servers (including because of deactivation of the geolocation process); and

• The Member has not used the Application. In any event, the Account of a Premium Member is not considered inactive.

The Member will be informed by email sent to the address given in the Application of the deletion of his or her account subject to prior notice of eight (8) days.

During the period of notice, the Member may reactivate his or her Account, which results in the suspension of the termination procedure. All content from the Member’s profile will then be preserved.

At the end of the period of notice and in the absence of a contrary intention expressed by the Member, the Account will be automatically deleted by Kuckie.

Once the Account has been deleted:

• The Member’s profile will be made invisible to other Members.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon Kuckie in accordance with the terms set out by Article 9 of the Privacy Policy, and shall be permanently deleted thereafter.

The Member will not be able to reactivate nor request reactivation of his/her old Account.

 

Article 15: Contact

 

Members may also contact Kuckie by email at the following address: support@Kuckie.com.

 

Article 16: Confidentiality Clause

 

Neither Kuckie nor the Member are authorized to disclose information about the agreement between them, and each party agrees to comply with a confidentiality clause which requires them to prefer confidential negotiations in the event of a disagreement.

 

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