Scope: These Terms and Conditions govern Your use of the web site & Services mentioned by KCL . These Terms and Conditions, however, do not apply to the KCL ’s services, which are subject to separate agreements exclusively.
You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for your informational use in evaluating the Organization, its products & services. You may not use the Web site for any other purpose without KCL ’s express prior written consent, including, without limitation, any commercial purpose. For example, You may or may not authorize any other person or entity (“Person”) to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a user’s screen with a portion of another Web site, or with content or advertising of any Person without KCL ’s consent), or (ii) Co-brand the Web site or any portion thereof. “Co-branding” means the display of a name, logo, contents, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that the Person is associated or affiliated with KCL , or has the right to display, publish, transmit or distribute the Web site or content accessible within the Web site. In addition, You may not and may not authorize any person to link to any part of the Web site without KCL ’s prior written consent. You agree to cooperate with KCL in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease. (iii) You may not either print, photocopy any of contents of this website either for personal or for professional purposes. You may not take any action that violates our Acceptable Use Policy. (iv) You may not use any contact information provided on the web site and send e-mails to KCL or any e-mail accounts at KCL promoting your service. This implies that you will not send any unsolicited any e-mail to our e-mail accounts to which we have not subscribed. A violation of this will force us to seek legal action against the defaulters.
You acknowledge & agree that as between KCL and You, KCL has all the rights of title & interest in the Web site & all content accessible within the Web site (the “Content”), including, without limitation, service marks, trade names, copyrights, images & other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish, print, deface or distribute sublicense or otherwise transfer or make available to others or edit, modify, print or create any derivative works of all or any part of the Web site or the Content, without the express written consent of KCL . You acknowledge & agree to respect the intellectual property of KCL .
You will have access to a variety of third-party sources of content through the use of the Web site & the Internet. KCL has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other Web site (or service) that you can link to from the Web site. Accordingly, KCL has no liability or responsibility whatsoever for any content provided by any other Person contained in or obtained through the Web site. You acknowledge & agree that any access, use or reliance on any such third party content / service is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by the KCL , the KCL does not own, operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any way. Any trademarks unless clearly identified are the property or their respective companies, we lay no claim on them whatsoever. You also understand & agree that the KCL does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely effect You, Your computer or computer systems, or Your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data. Access to and your use of the web site and any information or services contained therein are provided “as is.” KCL makes no representations or warranties of any kind, nature or description express, implied or statutory with respect to your use of the web site or the content contained therein, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, or arising through course of dealing, usage or trade practices, & the company hereby disclaims the same. You must not assume that contents (including images) on the Web site are error free or always true & updated. Content on the web site is made available only to suit the design aesthetics of the web site and cannot be taken as a representation of any service, facility or individual provided by or available at KCL .
Limitation on liability
KCL , its owners, patrons, service providers, content providers, employees, agents & officers will not be liable for any direct, indirect, incidental, consequential, or special damages of any kind, including, without limitation, loss of revenue or income, pain & suffering, emotional distress or similar damages, even if such parties have been advised of the possibility of such damages. In no event will the collective liability of KCL & its owners, its patrons, service providers, content providers, employees, agents & officers to you or any other person (regardless of the form of action, whether in contract, tort or under any other legal theory, including, without limitation, negligence or strict liability) exceed the amount, if any, you have paid to KCL to use the web site as provided in these terms and conditions for the applicable content or service out of which liability arose.
You will indemnify & hold KCL , its owners, its patrons, service providers, content providers, employees, agents, officers & contractors (the “Indemnified Parties”) harmless from Your breach of any of these Terms and Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, & You agree to indemnify & hold harmless the Indemnified Parties from any & all resulting loss, damages, judgments, awards, costs, expenses, & attorneys’ fees in connection therewith. You will also indemnify & hold the Indemnified Parties harmless from & against any claims brought by third parties arising out of Your use of the information accessed from the web site.
On-line problems occur continuously. There might come a time when you cannot access our/your website or any other service. This is not necessarily due to errors by KCL or its contractors or service providers. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and KCL , (or our contractors or with any company through which we are seeking services), making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring service is the determining factor of the uptime of our service as a whole, & not any one client’s experience. We are not responsible for (nor are we bound to rectify) errors at your ISP’s end or at your local network / equipment.
Reseller / Liaison Officers / Referral Partner Relations
KCL does not govern the action of its Resellers, Liaison Officers or Referrers. Resellers or Liaison Officers do not have any legal right to sign any contracts on behalf of KCL . Responsibility of Resellers or Referrers shall be limited only to the process of sourcing / seeking clients for the promotion of KCL ‘s business, products & services. All payments should be made directly in favor of KCL & not in the resellers / liaison officer / referral’s name. It is made very clear that resellers / liaison officers / referrers do not have any right to collect payments on behalf of KCL unless they have been authorized by KCL in written. Resellers shall be given their share of referral commission by KCL separately after full and final payments for services solicited have been credited to the accounts of KCL .
The headings of sections of these Terms and Conditions are for ease of reference only & shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
Governing Law and Jurisdiction
The validity and effect of these Terms and Conditions shall be governed by & construed & enforced in accordance with the laws of Chandigarh (Union Territory) of India, without regard to its conflicts of laws principles. All conflicts are subject to Chandigarh jurisdiction ONLY.
Entire Agreement; Amendments
These Terms and Conditions, together with the Service Agreement supersede any prior discussions, negotiations & agreements between the parties with respect to the subject matter hereof, & these Terms and Conditions, together with the Acceptable Use Policy and Service Agreement, constitute the sole & entire agreement between the parties with respect to the matters covered hereby.
The provisions of these Terms and Conditions may be exercised & are applicable & binding only to the extent that they do not violate any applicable laws & are intended to be limited to the extent necessary so that they will not render these Terms & Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force & effect.
No failure or delay on the part of KCL to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by KCL preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by KCL to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.