By accessing and using the Application (as defined hereinafter), you as the End User and by referring a friend or otherwise participating in the Program, You and referred friend agree to be bound by these terms and conditions, (as defined herein below) agree to be bound by these terms and conditions of use, including any additional guidelines and/or future modifications to these terms and conditions (“Terms”). You agree and acknowledge that the access and use of the Application by You is voluntary and of Your own accord, and that the Terms shall be binding on you, for access and use of the Services (as defined below) for any purpose, in India (“Territory”). Your access and use of the Application shall be subject to the applicable laws, rules and regulations in force in the Territory, and as may be amended from time to time (“Applicable Laws”).
The “Application” namely CashBag shall mean the software mobile application provided by KKM and downloaded/availed/accessed by You as end user (“You/End User”) for availing the Services provided through the Application.
Services shall mean the following:
- the services (Download Services) which allow You (a) to access, at one place, the links to mobile application(s) of various third party vendors/ suppliers (“Suppliers”) and download the said mobile application(s) for the purpose of availing the products and services of such Suppliers, and (b) to access and avail various deals and offers provided by Suppliers. Supplier Application shall mean the mobile application of the Supplier.
- The services (Purchase Services) which allow You to search for various products having varying prices, to click on the product of Your choice and to be redirected to the specified shopping site of the various third party vendors/merchants (“Merchants”) for placing the order for purchase of the said product by You.
- the services (Recharge Services) which allow You to use and avail the prepaid mobile/data card/DTH recharge services of various service providers (such as telecom operators in case of mobile/data card recharges and DTH operators in case of DTH recharges).
3. DATA PROTECTION
4. PROPRIETARY RIGHTS AND LICENCE
- 4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application and Services, any name, mark or logo related to KKM and/or the Services are owned either directly by KKM or KKM’s licensors. You should not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. You agree and acknowledge that the access and use of the Services and Application shall not be construed to confer on You any rights of any nature including rights in any form of intellectual property contained in the Services and/or Application or related to KKM. If in the course of accessing and using the Services and Application, You even unintentionally infringe the rights including rights in any form of intellectual property of KKM or KKM’s licensors in the Services, You shall immediately cease and desist any such use.
- 4.2. You agree and confirm that You shall not at any time reveal or make public any and all proprietary and/or confidential information relating to KKM, its business, the Services, that You may gain access to during the course of accessing and using the Services. Except as expressly authorized by KKM, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content comprised in the Application or Services, in whole or in part.
- 4.3. CashBag is a trademark of KKM. All other trademarks are the property of respective owners/Suppliers. In addition, use of such trademarks or links to the Supplier Application is not intended to imply, directly or indirectly, that these Suppliers are endorsed by KKM or they have affiliation with KKM.
5. CONDITIONS OF USE
- 5.1. The Application and the Services are not available to persons under the age of 18 or to anyone previously suspended or removed from the Services by KKM. By accepting these Terms and/or by using the Application/Services, You represent that You are at least of the age of 18 years.
- 5.2. For using this Application, You have to provide scanned copies of few KYC documents like (a) Pan Card, (b) Voter ID Card/Driving License/ Passport/ Aadhaar Card and (c) cancelled cheque. Upon the termination of the relationship between KKM and the You, KKM will keep your Personal Information for lawful purposes only.
- 5.3. You acknowledge that the terms of agreement with Your respective telecom or internet service provider will continue to apply when using the Services. As a result, You may be charged by the respective telecom or internet service provider for access to network connection services for the duration of the connection while accessing the Application and the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise, and shall not claim the same from KKM or dispute the same.
- 5.4. If You are not the bill payer for the mobile telephone or handheld device being used to access the Services, You will be assumed to have received permission from the bill payer for using the Services.
- 5.5. You are solely responsible for Your use of the Services. KKM does not create, monitor, examine or inspect the content delivered to You through the Services, if any. Such content may include links to third-party websites and content. The linked content is not under KKM’s control and KKM is not responsible whatsoever for the content of any such linked content. The content does not represent or reflect any advice, views, opinions or beliefs of KKM.
- 5.6. You must only use the Services and anything available via the Services for lawful purposes (complying with all Applicable Laws), in a responsible manner, and not in a way that might damage KKM’s name or reputation or that of any of KKM’s affiliates or service providers. You agree and acknowledge that the use of the information delivered to You through the Services is Your sole responsibility and that KKM shall not at any time be held responsible for any unlawful usage of the information secured through the Services, by You.
- 5.9. You will not, nor allow third parties on Your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
- 5.10. You are solely responsible for entering the correct information (name, phone number, email address, home address, Date of Birth, Gender etc.).
- 5.11. KKM shall try its level best to provide the Referral Amount (as defined hereinafter) to You till the time it is generated.
- 5.12. KKM is not responsible for faulty internet connection or electricity failure or any other problem on Your side while availing the Services.
- 5.13. KKM shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization by the debit card/credit card/virtual wallet/internet banking service provider for any transaction done by You through the Application or Supplier Application. Further, KKM shall not be under any liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the End User/cardholder having exceeded the preset limit mutually agreed by payment gateway service provider with their acquiring bank from time to time.
- 5.14. KKM shall not in any way be liable for any delay, disruption or defects in the online payment facility provided by any financial institution/bank/payment gateway service provider. You acknowledge that You assume all the risks involved in using the online payment facility provided by the financial institution/bank/payment gateway service providers and KKM shall not be in any way liable for any damage, loss, expense, liability or detriment caused (directly or indirectly) by a defect in said online payment facility.
- 5.15. You agree not to register on the Application with multiple mobile numbers from single mobile device with single email id. Registering from multi-SIM devices from multiple numbers is strictly prohibited. The right to use the Application and the Services there under is limited to one individual with single mobile number and associated mobile device.
- 5.16. The Application and the Services there under cannot be used with Android/iOS emulators. All devices are verified at multiple levels during availing the deals and offers. If the Application and the Services there under are found to be used with emulators or some kind of other automated system, your Application account will be permanently blocked.
- 5.17. As of now KKM is providing Services in the Territory only, therefore only individuals of 18 years or older, residing in India and NRI may enroll for the Services. KKM reserves the right to prevent access to the Application and the Services there under and its website from mobile number or IP addresses outside of India. Corporations, Companies, Partnerships or other legal business entities are also eligible to use the Application and the Services there under.
- 5.18. You agree to promptly notify KKM of any change in Your mobile number or email address or any other details in Your personal profile by updating Your personal information in the Profile section of the Application. Your non-use of the Application and the Services there under for 90 (Ninety) days or failure to notify KKM of any change in Your mobile number or email address or any other details in Your personal profile may result in the termination of Your Application account and forfeiture of Your unredeemed amount in Your mobile wallet account.
- 5.19. KKM will not be liable to pay any compensation if any error occurs due to any technical or manual fault at the end of the web server holder.
- 5.20. You are solely responsible for Your mobile handset or device and the internet services that connect Your said device to the Application.
- 5.21. The Application and the Services here under are currently made available to You for Your personal use and non-commercial use, except for the Merchants. KKM reserves the right to amend or withdraw the Application and the Services, provided to You in accordance with these Terms, at any time and for any reason.
5.22. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
6. (A) CONDITIONS OF USE SPECIFIC TO THE SERVICES
You agree and acknowledge the following:
As soon as You download the Application, a Bag Account (as defined hereinafter) for You will get created in the Application.
Bag Account here shall mean a virtual wallet account which is automatically created by downloading the Application. It can be used by You to make payments through the Application.
Your Bag Account will be credited through Under Clearing Balance (as defined hereinafter) with such Referral Amount (as defined hereinafter) as per the every transaction completed by the user(s) referred by You i.e., (“Direct Referee”) and the user(s) referred by Referee (“Indirect Referee”) (upto the six levels) and as more specified in the link of the Application and comply with such other terms and conditions as specified in the Application.
“Under Clearing Balance” here shall mean the virtual account in which Referral Amount will be credited till the time Under Clearing Balance is not transferred to the Bag Account. Under Clearing Balance cannot be used for any transaction till the time the balance in Under Clearing Balance is not transferred to the Bag Account.
“Referral Amount” here shall mean such successfully completed transaction commission credited to Your wallet through the transactions completed by Direct Referee and Indirect Referee.
TDS will be deducted on Referral Amount.
- Further Your Under Clearing Balance will be credited each and every time when Direct Referee and Indirect Referee made any successful transaction on the Application with respect to Services provided therein. The said Referral Amount will be credited from Under Clearing Balance to your account Bag Account within 90 days of the transaction made by the Direct Referee and Indirect Referee.
- You have the right to transfer the said Referral Amount from the Bag Account to your bank account subject to a minimum balance of Rs.500/- of the said Referral Amount should be there in the Bag Account. In case of transfer of said Referral Amount to the bank account from the Bag Account, You have to bear certain bank charges for such transfer that will be levied by bank.
- You have to do minimum one (1) transaction in every particular month to get eligible for right of transfer the said Referral Amount from the Under Clearing Balance to Bag Account.
A minimum of 10 referrals from Direct Referee is must for the eligibility to get the right of transfer the said Referral Amount from the Under Clearing Balance to Bag Account. In case of less referral, then the amount will be transferred proportionately to the number of the transactions.
For example: In case there are only 7 referrals and the Referral Amount is of Rs. 700/-, than You will be eligible for only 70% of Rs.700/- for transfer into the Bag Account and the remaining will be kept on hold in Bag Account till the remaining 3 referrals will be done.
- You agree and acknowledge that the amount credited to Your Bag Account can be utilised by You, through the option available in the Application, only for the Services mentioned over the Application.
- You further agree and acknowledge that any such confirmation by the Supplier is at the sole discretion of the Supplier and KKM shall not be liable and responsible in any manner whatsoever for any issues, claims, demand, dispute or objection raised by You in respect of such confirmation and the consequent credit/ non-credit of the said amount in Your mobile wallet account.
- In case You re-set (i.e., reformat) Your mobile device and due to such resetting Your present Bag Account and Under Clearing Balance balance becomes zero, You have to contact the Grievance Officer (specified details in these Terms) and communicate in writing Your problem along with the International Mobile Station Equipment Identity number (“IMEI”, which is a number uniquely associated with Your mobile device) and after due verification, KKM may re-credit Your Bag Account balance as well as Under Clearing Balance with the correct balance, as on the date on which Your mobile device was re-set, subject to re-installation of Application by You.
- KKM reserves the right to limit entitlements under various deals and offers in the Application/ Supplier Application at any time.
- Deals and offers in the Application and the Services there under are subject to change at any time without notice.
- The amount credited in Your Bag Account will be subtracted from Your Bag Account once the transfer order from Bag Account to bank is placed by You and captured by the KKM system. Once the said amount is transferred, the said amount will not be reinstated to Your Bag Account.
- You are not allowed to use or create fake ID or provide any fake profile information for availing various deals and offers in the Application and the Supplier Applications.
- KKM reserves the right to cancel or disable Your Application account, where there is no activity for a period of 6 consecutive months.
6 (B) CONDITIONS OF USE SPECIFIC TO THE RECHARGE SERVICES
You agree and acknowledge the following:
- KKM has tied up with third-party(ies) to facilitate for recharging any prepaid mobile connection or DTH account or paying bills of any postpaid mobile phone/ data card connection from various telecom operators/ DTH service providers. You agree and acknowledge that KKM shall not be responsible and liable for the billing and charges levied by said telecom operators/DTH service providers on You. You further agree that KKM does not guarantee that amount recharged by You using Your Bag Account is converted in to full talk-time since talk-time amount in a recharge will completely be as per respective telecom operators recharge policy. KKM shall not be liable in any manner for any claim or issue arising out of or pertaining to talk-time amount in a recharge done by You using the amount credited in Your Bag Account under the Application.
- In case you have paid but have not received the recharge of your mobile phone/data card/DTH, you will have to submit complete transaction details along with contact details to customer support at email@example.com or call at 011 41100329. The matter will be resolved after cross checking with the concerned service provider of cellular/data card/DTH services, after which refund, if any, will be made as per applicable policy of concerned service provider. This process may take 21 days or longer depending on the response from the said service provider. KKM shall not be liable for late action in such a case;
- KKM shall not be responsible for problem in recharge due to faulty internet connection, electricity failure or any kind of problem on the side of the End User during recharge process;
- KKM is not liable for any changes in talk time value/recharge value and/or validity period by the service providers of cellular/data card/DTH services;
- KKM is not liable for any problem while recharging. If the End User finds a problem with the recharge value of a recharge, the End User agrees to contact respective service provider's customer care department.
7. DISCLAIMER REGARDING SUPPLIER APPLICATIONS AND MERCHANT
- 7.1 The Application contains links to or from third-party Supplier Application and Merchants, including websites operated by third parties who may have or may not have business relationships with us. We have no control over the content, operations, policies, terms, or other elements of Supplier Application, and we do not assume any obligation to review any Supplier Application and/or Merchants. We do not endorse, approve, or sponsor any Supplier Application and/or Merchants, or any third-party content, advertising, information, materials, products, services, or other items in such Supplier Applications. Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Supplier Application and/or through Merchants. Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Supplier Application. Any activities You engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Supplier Application and/or of Merchants. Any interactions, correspondence, transactions, and other dealings that You have with any third parties found on or through the Application (including on or via Supplier Application) are solely between You and the third party and we disclaim all liability in connection therewith. We encourage all End Users to review said terms and conditions and privacy policies of third parties Supplier Applications and/or Merchants.
- 7.2 No reference to any third party or third party product or service shall be construed as an approval or endorsement by KKM of that third party or of any third party product or service. KKM makes no representations or warranties as to the accuracy or reliability of any information provided on Supplier Application and/or Merchants. KKM makes no warranties or representations whatsoever with regard to any product provided or offered by any Supplier and/or Merchants, and You acknowledge that any reliance on representations and warranties provided by any Supplier and/or Merchants shall be at Your own risk.
8. MODIFICATIONS AND INTERRUPTION TO SERVICE
KKM reserves the right to modify or discontinue the Service with or without notice to You. KKM shall not be liable to You or any third party should KKM exercise its right to modify or discontinue the Service. You acknowledge and accepts that KKM does not guarantee continuous, uninterrupted or secure access to Application and operation of our Application may be interfered with or adversely affected by numerous factors or circumstances outside the control of KKM.
9. COLLECTION OF END USER INFORMATION
You agree and acknowledge that KKM may collect IMEI addresses and application usage information from You when You access the Application or download Supplier Application.
KKM may use the above information, inter alia
- for the purpose of getting confirmation from Supplier about the activation of Supplier Application by You; a
- to maintain, operate, provide and enhance our Application and Services; and
- to comply with legal requirements or process, or where necessary to prevent or investigate fraud, to protect the safety of an individual.
KKM may share Your personally identifiable information with Suppliers, subcontractors, vendors and other businesses that we employ to perform functions on our behalf. For example, KKM may employ third parties to send email campaigns or provide marketing assistance, or provide customer service. These entities have access to Your information only for the purposes of performing the functions for which we have engaged them. If such entities have access to Your personally identifiable information, their agreements with us require them to keep Your information confidential.
- 10.1. These Services are available on handheld mobile devices based on android platform. KKM will use reasonable efforts to make the Services available at all times. However You acknowledge the Services are provided over mobile networks and dependent on the mobile and internet service providers, so the quality and availability of the Services may be affected by factors outside of KKM’s reasonable control. In the event the Services are unavailable to You for any factors not attributable to KKM and due to any reasons attributable to any third party service provider, KKM shall not be responsible for the same in any event whatsoever.
- 10.2. KKM does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to access Application or Supplier Application or any other communication system failure which may result in the Services being unavailable. To the extent permitted in law, You hereby agree and acknowledge that You shall not at any time institute any suit, claims, actions, proceedings, against KKM for any reason relating to the unavailability of the Services.
- 10.3. You hereby agree and confirm that KKM shall not be held liable for any unavailability or non-functionality of the Application or Services due to war, industrial action, flood, or act of God. You further agree and confirm that KKM shall not be responsible for any disruption in the functionality of the Services and/or any unavailability in the Services, arising due to the mobile network provider and/or any other third party, and/or any intermediary who may deliver the Services to You and that You shall not hold KKM liable for any of the same.
11. SYSTEM REQUIREMENTS
- 11.1. In order to access and use the Services, You are required to have a mobile device or any compatible device with internet connectivity.
- 11.2. It is Your responsibility to ensure Your mobile device meets all the necessary technical specifications to enable You to access and use the Services.
You agree that notwithstanding the termination, KKM will continue to be entitled to use the information supplied by You or collected from You during the use and access of the Services by You.
13. LIMITATION OF LIABILITY
KKM, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE THE APPLICATION OR THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY KKM'S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICES, OR FROM ANY COMMUNICATION WITH KKM OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THE SERVICES, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THE SERVICES, REGARDLESS OF WHETHER KKM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, AS DEEMED FIT BY KKM IN ITS SOLE DISCRETION.
WITHOUT PREJUDICE TO THE AFORESAID, IT IS HEREBY ACKNOWLEDGED BY THE END USER THAT THE AGGREGATE LIABILITY OF KKM, FOR ANY REASONS WHATSOEVER, WILL NOT EXCEED RS. 100/- (RUPEES ONE HUNDRED ONLY) OR THE TOTAL COST PAID BY THE END USER IN THE PERIOD OF 12 (TWELVE) MONTHS PRIOR TO WHICH THE CLAIM AROSE, WHICHEVER IS LOWER.
14. DISCLAIMER OF WARRANTIES
- 14.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS, KKM EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE APPLICATION/SERVICES OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE SERVICES TO YOU. THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OF THE INFORMATION DELIVERED THROUGH THE SERVICES. KKM DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES. KKM DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGES TO YOUR MOBILE PHONE OR TO ANY OTHER SERVICES PROVIDED TO YOUR MOBILE PHONE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR MOBILE PHONE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, AND ACCESS OF THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
- 14.2. KKM DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION AND SERVICES WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.
- 14.3. KKM DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICES SUITABLE FOR YOUR NEEDS. KKM DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION YOU RECEIVE TO YOUR MOBILE DEVICES WILL BE FREE FROM TECHNICAL INACCURACIES.
- 14.4. KKM CANNOT AND DOES NOT GUARANTEE THAT THE APPLICATION AND/OR SERVICES WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE SYSTEM.
You agree to indemnify and hold KKM, the licensors, business partners of KKM or the service providers and their respective officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Application or Services, any unauthorised use of the Application/Services by You, Your violation of these Terms, or Your violation of any rights including rights in any form of intellectual property of any third party and/or any violation of applicable law by You.
16. AMENDMENTS TO THE TERMS
KKM may amend and modify this Terms from time to time, including any and all documents and policies incorporated thereto without any prior notice to You. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to access and use the Services will indicate Your acceptance of the amended Terms. If You do not agree with any of the amended Terms, then You must avoid any further use and access of the Services. KKM advises You to periodically read these Terms, as it may change from time to time.
17. ENTIRE AGREEMENT
18. GOVERNING LAW AND JURISDICTION
- These Terms shall be governed by the laws of India. You and KKM agree to submit to the personal and exclusive jurisdiction of the courts of New Delhi. In case of any dispute or other matter arising in reference to the Terms and/or the Services, such dispute or other matter shall be referred to a sole arbitrator appointed by KKM and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the End User who raised the dispute.
- Subject to the provisions of clause 18.1 above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India.
19. WAIVER AND SEVERABILITY OF TERMS
The failure of KKM to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive the efflux of time.
You agree and acknowledge that Your relationship with KKM is not a confidential, fiduciary or other special relationship
22. GRIEVANCE REDRESSAL AND GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:
Name: Sanjeev Saxena
Email Address: firstname.lastname@example.org; (with a copy to email@example.com)
Contract telephone number
Board: +91 11 41626259
Timing: 10:00 AM to 5:00PM from Monday to Friday except public holiday
In case You have any complaints or grievance, You may either contact or write to the Grievance Officer on the contact details, as above.
If You believe any materials accessible on or from this Application infringe Your copyright, You may request removal of those materials (or access thereto) from this Application by contacting Grievance Officer as specified above and by providing the following information:
- Identification of the copyrighted work that You believe to be infringed. (Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.)
- Identification of the material that You believe to be infringing and its location. (Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.)
- Your name, address, telephone number and (if available) email address.
- A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
- A statement that the information that You have supplied is accurate, and indicating that under penalty of perjury, You are the copyright owner or are authorized to act on the copyright owner's behalf.
KKM Digital Marketing Private Limited,
54/7, 2nd Floor,
D.B Gupta Road
Delhi - 110005
Kind Attention: Sanjeev Saxena
KKM Digital Marketing Private Limited is a company, registered under the laws of India, having its registered office at 54/7, 2nd Floor, D.B Gupta Road Karol Bagh, Delhi - 110005.