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1.1What is this document?
ii. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
iii. A condition of the User's use of and access to the Website and to the other services provided by Kairtis to Users (together with the Website, the "Services") is the User's acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all other Services.
v. Kairtis authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Kairtis Content"), are the property of Kairtis and are protected under copyright, trademark and other laws. User shall not modify the Kairtis Content or reproduce, display, publicly perform, distribute, or otherwise use the Kairtis Content in any way for any public or commercial purpose or for personal gain. Multiple people are not permitted to share the same/single log-in.
2. Services & Use of Website
2.1 The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, provided by Kairtis, is solely at your own risk.
2.2 Kairtis advises the Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something You have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
2.3 Kairtis represent and confirm that it shall be the sole and exclusive legal owner of all items, goods or products of any description that they wish to offer for sale on the Website. It shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. Sellers shall not, either alone or in conjunction with other Sellers, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
2.4 Users shall at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
2.5 Kairtis may, at its sole discretion, suspend User's ability to use or access the Website at any time while Kairtis investigates complaints or alleged violations of this Agreement, or for any other reason. If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Kairtis immediately for such corrections. Kairtis shall have no liability or responsibility in this regard.
2.6 Payment, Fees and Taxes:
Registration on the Website and the information is free. Kairtis does not charge any fee for browsing and buying on the Website. Kairtis is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Kairtis. These payments could be collected personally from the User by the concerned Seller.
Each User / member is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Kairtis is in no way responsible for any of the taxes, if applicable.
3. Collection, Use, Storage and Transfer of Personal Information
3.3 Kairtis shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Kairtis.
3.5 The User is responsible for maintaining the confidentiality of the User's account access information and password. The User shall be responsible for all uses of the User's account and password, whether or not authorized by the User. The User shall immediately notify Kairtis of any actual or suspected unauthorized use of the User's account or password.
3.6 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Kairtis has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kairtis has the right to suspend or terminate such account at its sole discretion.
As mandated by Regulation 3(2) of the IG Rules, Kairtis hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that
i. Belongs to another person and to which the User does not have any right to;
ii. 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;
iii. Harm minors in any way;
iv. Infringes any patent, trademark, copyright or other proprietary rights;
v. Violates any law for the time being in force;
vi. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. Impersonate another person;
viii. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. Is prohibited under applicable law for the time being in force, including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time and rules made there under;
x. 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 cognizable offense or prevents investigation of any offense or is insulting any other nation.
The User is also prohibited from:
i. Violating or attempting to violate the integrity or security of the Website or any Kairtis Content;
ii. Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Kairtis;
iii. Intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. Making any unsolicited communications to other Users;
v. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. Copying or duplicating in any manner any of the Kairtis Content or other information available from the Website;
viii. Framing or hot linking or deep linking any Kairtis Content;
Kairtis, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with an electronic signature about any such information as mentioned in S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. Kairtis shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.2 The User shall not hold Kairtis responsible or liable in any way for any disclosures by Kairtis under Regulation 6 of the SPI Rules.
5.3 The Services provided by Kairtis or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Kairtis does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Kairtis does not verifies any content or information provided by the Sellers on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the Kairtis Content, representations and warranties made by the Sellers or the content or information provided by such Seller on the Website or any opinion or suggestion given or expressed by Kairtis or any Seller in relation to any User or Services provided by Kairtis.
5.4 Kairtis assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infectUser's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a Useris dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
6.1 User agrees to indemnify and hold harmless Kairtis, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Kairtis will notify you promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
7. Terms, Termination & Disputes
7.1 This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity;
7.2 The User can terminate his/her/its membership with Kairtis at any time by providing prior written notice to info@Kairtis.com;
7.3 Kairtis reserves the right to terminate any account in cases:
b. Kairtis is unable to verify or authenticate any information provided to Kairtis by a User; or
c. Kairtis believes in its sole discretion, that User's actions may cause legal liability for such User, other Users or for Kairtis or are contrary to the interests of the Website.
7.4 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account.
7.5 Kairtis shall have no obligation to maintain or provide any of User's data and shall thereafter, unless legally prohibited, delete all User's data in its systems or otherwise in its possession or under its control.
7.6 Kairtis reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User'scontent from the Website and immediate termination of the User'saccount with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if Kairtis is unable to verify or authenticate any information the User submits to Kairtis, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Kairtis to provide the Services to the User.
7.7 This Agreement and any contractual obligation between Kairtis and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bangalore.
7.8 All disputes will be subject to arbitration in Bangalore in English by a single arbitrator appointed by Kairtis under the Arbitration and Conciliation Act, 1996.
7.9 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination
8. Severability & Waiver Contact Information
9. Contact Information
9.1 If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at info@Kairtis.com
9.2 If a User has any questions concerning Kairtis, the Website, this Agreement, or anything related to any of the foregoing, Kairtis can be reached at the following email address – info@Kairtis.com or via the contact information available from the following hyperlink: www.Kairtis.com/contactus
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