Terms of Service

Welcome to Desi's Club. These Terms of Service govern your use of our platform and services. Please read them carefully.

Effective Date: January 1, 2024

1. Acceptance of Terms

By accessing or using Desi's Club's platform, mobile applications, or services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services. These Terms apply to all users, including organizations, administrators, members, and visitors.

2. Description of Services

Desi's Club provides a comprehensive digital platform designed specifically for South Asian organizations and communities, offering:

• Organization management tools and administrative dashboards
• Member management, registration, and digital ID systems
• Event creation, management, and RSVP tracking
• Sponsor relationship management and showcase capabilities
• Communication tools including email and messaging systems
• Mobile applications for member access and engagement
• QR code verification and check-in systems
• Analytics and reporting tools

3. User Accounts and Registration

3.1 Account Creation

To use certain features of our Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Eligibility and Safety Requirements

By using the Services, you represent and warrant that you meet the following requirements:

• You are at least 13 years of age or have parental consent to use the Services
• You have the legal capacity to enter into these Terms
• All information provided is accurate, current, and complete
• You will comply with all applicable laws and regulations
• You are not prohibited from using the Services under applicable laws

For organizations hosting events involving minors or vulnerable populations, additional verification requirements may apply. Organizations may implement their own background check policies for administrators and volunteers in accordance with applicable laws.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services in a manner consistent with their intended purpose of community building and organization management.

4.2 Prohibited Activities

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or these Terms
• Impersonate any person or entity or misrepresent your affiliation
• Upload, post, or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy, hateful, racially or ethnically objectionable
• Post content that infringes any intellectual property or proprietary rights
• Transmit software viruses or any other computer code designed to interrupt, destroy, or limit functionality
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or other user accounts
• Use automated systems, robots, or data mining tools to access the Services without permission
• Collect, harvest, or store email addresses or other contact information of users
• Use the Services to spam, harass, or abuse other users
• Express or imply that any statements you make are endorsed by Desi's Club without our written consent
• Access the Services from a jurisdiction where it is illegal or unauthorized
• Promote criminal activity or provide instructional information about illegal activities

5. Account Security and Responsibilities

You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account. You agree to:

• Immediately notify us of any unauthorized use of your account or any security breach
• Ensure that you exit from your account at the end of each session
• Use a strong, unique password for your account
• Not share your account credentials with any third party

We will not be liable for any loss or damage arising from your failure to comply with these security requirements.

6. Content and Intellectual Property

6.1 User Content

You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you represent and warrant that you own or have sufficient rights to all content and that such content does not violate any third-party rights.

By submitting User Content, you grant Desi's Club a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, distribute, publicly display, and create derivative works from such content solely for the purpose of providing, improving, and promoting the Services.

6.2 Content Monitoring and Removal

We reserve the right to review, monitor, and remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion. We may preserve and disclose content if required by law or to protect our rights, property, or safety, or that of our users.

6.3 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide about the Services become our property and may be used for any purpose without compensation to you.

7. Data Privacy and Security

7.1 Data Protection

Desi's Club is committed to protecting the privacy and security of user data. All member information is encrypted and securely stored on our platform. We implement industry-standard security measures to protect against unauthorized access, alteration, disclosure, or destruction of data.

7.2 Member Privacy

Member Privacy Protection: Members of a community do not have direct access to view other members' personal information. Member data (including contact information, email addresses, and phone numbers) is visible only to community administrators and managers for verification and community management purposes.

7.3 Administrator Responsibilities and Data Compliance

Community administrators and managers acknowledge and agree that:

• They are granted access to member data solely for legitimate community management and verification purposes
• They must comply with all applicable data protection laws and regulations when handling member information
• If they export, copy, or download member data from the platform, they are solely responsible for the security and proper handling of that data
• They must implement appropriate security measures to protect any member data they access or store outside the platform
• They are liable for any misuse, unauthorized disclosure, or breach of member data that occurs under their control
• They must not use member data for purposes beyond community management without explicit member consent
• Desi's Club is not responsible for any data breaches, misuse, or unauthorized disclosure that occurs after data has been exported or copied from the platform by administrators

Important: Community administrators act as independent data controllers for any member data they export or copy from the platform. They are fully responsible for compliance with all applicable privacy laws (including GDPR, CCPA, or other regional data protection regulations) regarding such exported data. Desi's Club disclaims all liability for administrator handling of exported data.

8. Platform Rights and Development

8.1 Feature Development and Timeline

Desi's Club retains complete discretion over platform development and features:

• We own and control all decisions regarding which features to introduce, modify, or discontinue on the platform
• We may collect user feedback and feature requests, but we are not obligated to implement any suggested features
• We maintain complete discretion over development priorities and timelines
• We make no guarantees or commitments regarding when (or if) any particular feature will be introduced or updated
• We reserve the right to modify, suspend, or discontinue any feature or functionality at any time without prior notice
• No verbal or written statements from our staff or representatives create binding commitments regarding future features or timelines

While we value user input and strive to improve our Services, all decisions regarding platform development, feature prioritization, and release schedules remain solely at Desi's Club's discretion.

8.2 Platform Ownership

Desi's Club owns all rights, title, and interest in and to the Services, including all intellectual property rights, trademarks, service marks, trade names, logos, and other proprietary designations. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

9. Electronic Communications

For contractual purposes, you consent to receive communications from us in electronic form (including email, in-app notifications, and SMS where applicable). You agree that all terms, conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written communication.

10. Third-Party Services and Integrations

Our Services may integrate with third-party applications, websites, or services. We are not responsible for the practices, policies, or content of these third parties. Your use of third-party services is subject to their respective terms and conditions. You expressly relieve Desi's Club from any liability arising from your use of third-party services.

11. Disclaimers and Limitation of Liability

9.1 Disclaimers

THE SERVICES ARE 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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESI'S CLUB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED $100 OR THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE PRECEDING 12 MONTHS.

12. Indemnification

You agree to defend, indemnify, and hold harmless Desi's Club and its affiliates, officers, directors, employees, and agents from and against any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or violation of any rights of another.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason in our sole discretion. We reserve the right to refuse service to anyone for any reason at any time.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with applicable laws. Any disputes arising from these Terms or the Services shall first be addressed through good faith negotiations. If unresolved, disputes will be resolved through binding arbitration.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim arose or be forever barred.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page, updating the "Last updated" date, and providing notice through email or in-app notifications. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

16. Contact Information

If you have any questions about these Terms, please contact us at: