Terms of Service

TERMS OF SERVICE

TERMS OF USE

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, (“you”) and Howard Delafield International (“HDI”, “we,” “us” or “our”), concerning your access to and use of the game named ‘Girls Hostel’, related app and its website with the domain name ‘kikikuka’, virtual influencers as well as any other digital forms, avatars, channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 15 years of age . All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must be directly supervised by their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. HDI disclaims any liability arising out of unsupervised use of Site by minors.

SCOPE OF THE SITE

1. The Girls’ Hostel game app including the kikikuka game Web Portal and virtual influencers associated therewith operates as a centralized resource platform offering extensive education on adolescent health and well-being and supporting them in choosing and practicing healthy reproductive behaviors. These informative content on reproductive health, partner health products and services are presented in an engaging and user-friendly manner. Functioning akin to a digital magazine, the portal will feature reproductive and adolescent health-related information disseminated through various mediums, including videos, listicles, and audio productions. Furthermore, it shall facilitate access to functional digital applications and verified referral sites delivering adolescent-responsive services. 
2. The Girls’ Hostel game and kikikuka Web Portal includes 4 virtual influencers (digital characters) named Ekta, Namrata, Senmi and Tina who serve as a symbol of hope, role model, and aspiration for those navigating the complexities of adolescence. They are characters of the game modeled to connect with individuals seeking guidance and empowerment, inspiring paths of self-discovery and growth.
3. The technical content within the game has been created in consultation with health educators, academicians, technical specialists specializing in sexual and reproductive health and family planning, and public health professionals engaged in adolescent, youth, and gender programs. It has further been curated by HDI with oversight of the INGO named CARE. This content aligns with National e-Health Strategy 2017, 2019 Digital Nepal Framework, Act relating to Children, 2018, Adolescent Friendly Health Services Operation Directive, 2023 and also provides access to government resources tailored for adolescents. 
4. Topics, encompassing relationships, early marriage, and sexual and reproductive health, have been integrated into the girls’ hostel game app. The development process involved formative research with Nepali girls aged 15-19 and Audience Insight Research was done with a cohort of school going and out of school adolescent girls in this age group, employing evidence-based research, human-centered design, and rapid prototyping to assess game mechanics and usability.
5. By accepting the Terms of Service, you affirm that you are 15 years of age or older and comprehend the terms and conditions. Upon downloading the girls’ hostel game app, you assert that you are aged 15 years or older. If you fall within the age group of 15-18 years, you agree to secure parental/guardian consent for downloading the Game. You understand that misrepresentation of your age will violate the terms of service and HDI disclaims any liability for loss, damages, or legal repercussions that may arise due to the provision of false information about your age when using the game. You further agree to indemnify and hold harmless HDI and its affiliates, officers, directors, employees and agents from any claims, demands or actions arising out of or related to your violation of Terms of Use by misrepresenting your age and using this app. The game includes content related to consent, fertility awareness and contraception, and postponing early marriage, aimed at enhancing knowledge and awareness of sexual and reproductive health for adolescents and youth. Parental guidance is indispensable for users under 18 years of age. For inquiries, please contact us at -------. 
6. The information provided via the Girls’ Hostel game app and kikikuka website is not intended to replace professional medical advice, diagnosis, or treatment. Consultation with a qualified healthcare professional is recommended for any inquiries regarding medical conditions or treatments.

USER REGISTRATION

Registration with the Site may be necessary to claim coupons or rewards. During the coupon or reward claiming process, direct communication with us may be required, resulting in the collection of Personally Identifiable Information (PII). This information is exclusively used for the purpose of claiming the reward or coupons and will be stored only for the duration of the offer's validity. It will not be shared or utilized for purposes beyond those explicitly stated above.

MOBILE APPLICATION LICENSE

Use License

If you access the Site through a mobile application, you are granted a revocable, non-exclusive, non-transferable, limited right to install and utilize the mobile application on wireless electronic devices that you own or control. This right is subject to the terms and conditions outlined in this mobile application license as part of these Terms of Use.

You are prohibited from: 

(1) Decompiling, reverse engineering, disassembling, attempting to derive the source code of, or decrypting the application; 

(2) Making any modifications, adaptations, improvements, enhancements, translations, or derivative works from the application; 

(3) Violating any applicable laws, rules, or regulations related to your access or use of the application; 

(4) Removing, altering, or obscuring any proprietary notice (including any notice of copyright or trademark) provided by us or the licensors of the application; 

(5) Using the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; 

(7) Using the application to create a product, service, or software that directly or indirectly competes with or serves as a substitute for the application; 

(9) Utilizing any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

THIRD-PARTY WEBSITES AND CONTENT

The Site contains links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties for informational purposes. ("Third-Party Content"). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. We may partner with third party organization with expertise in Adolescent Sexual and Reproductive health and we will, to the best of our abilities, create accurate, complete and appropriate content, however, even under such circumstance any content available on Third Party Websites do not give rise to liability on part of HDI and falls solely on the discretion of the user and is governed by policies of the Third Party Website. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval, advertisement or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you do not hold us liable for any harm caused by your purchase or use of such products or services. Additionally, You agree not to hold HDI liable for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy (insert link). By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in India and complies with Individual Privacy Act, 2018 of Nepal, General Data Protection Regulation, 2016 and applicable International privacy standards.

INTELLECTUAL PROPERTY RIGHTS

Unless explicitly stated otherwise, the Site constitutes our exclusive proprietary property. All source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are owned or controlled by us and are safeguarded by the Patent, Design, and Trademark Act, 1965 of Nepal as well as applicable case laws and international agreements and regulations. 

The Content and Marks are presented on the Site solely "AS IS" for your personal use and information. Except as expressly permitted by these Terms of Use, no portion of the Site, Content, or Marks may be duplicated, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without obtaining our explicit prior written consent.

COPYRIGHT NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Officer using the contact information provided below (a “Notification”). 

Please be advised that pursuant to the law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Copyright Officer Details 

MODIFICATIONS AND INTERRUPTIONS

We retain the authority to alter, amend, or delete the contents of the Site at our discretion, without prior notice. However, we are not obligated to update any information on the Site. Additionally, we reserve the right to modify or terminate the Site, in whole or in part, without notice. We are not liable to you or any third party for any changes, interruptions, or termination of the Site. We cannot guarantee continuous availability of the Site and may encounter technical issues or need to conduct maintenance, resulting in interruptions, delays, or errors. We maintain the right to adjust, revise, update, suspend, discontinue, or otherwise modify the Site without notifying you. 

You agree that we bear no responsibility for any losses, damages, or inconveniences caused by your inability to access or utilize the Site during any downtime or termination of the Site. 

These Terms of Use do not impose an obligation on us to maintain or support the Site, or to provide any corrections, updates, or releases related to it.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of Nepal applicable to agreements made and to be entirely performed within Nepal, without regard to its conflict of law principles.

DISPUTE RESOLUTION

1. Pre-Litigation Discussions: In order to expedite the resolution and manage the expenses of any dispute, controversy, or claim arising from these Terms of Use (referred to individually as a "Dispute" and collectively as the “Disputes”) brought by either party (referred to individually as a “Party” and collectively as the “Parties”), the Parties agree to initially attempt informal negotiations to resolve any Dispute (excluding those Disputes expressly exempted below) for a period of at least 40 days before initiating legal action as outlined in sub-clause 2 of the Dispute Resolution Clause. Such informal negotiations shall commence upon written notice from one Party to the other Party.
2. Legal Proceedings: Any legal proceedings initiated by either party (referred to collectively as the “Parties” and individually as a “Party”) shall be initiated or pursued in Nepal. The Parties hereby consent to, and waive all objections based on lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in such state and federal courts.

DISCLAIMER

You acknowledge and agree that your utilization of the Site and our services is undertaken at your own sole risk. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, whether express or implied, regarding the Site and your use thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant or represent the accuracy or completeness of the content on the Site or the content of any websites linked to the Site.

LIMITATIONS OF LIABILITY

The Girls Hostel game app and kikikuka.com game website has been developed in collaboration with gender and adolescent health experts, and has undergone co-designing and testing with the target audience to ensure suitability for the intended age group. However, HDI disclaims liability for the completeness and accuracy of the content provided. To the fullest extent permitted by law, you use the Girls Hostel game app and other related game  products at your own risk, and HDI shall not be held liable for any expenses or losses incurred as a result of your usage. Any failure or delay by HDI in enforcing its rights under these Terms of Service shall not constitute a waiver, and HDI retains the right to enforce its rights at any time.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. 

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. 

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: hello@howard-delafield.com