TWA Online Services Pvt. Ltd. a company incorporated under the Companies Act, 2013, owns, operates and controls the website (“KLIKLY’), provided by its from its office at F-402, 4th Floor, Plot No. D-1, Ras Vilas, District Centre, Saket, New Delhi - 110 017.
ACCEPTANCE OF TERMS
GENERAL REGISTRATION REQUIREMENTS AND ELIGIBILITY CRITERIA TO USE THE WEBSITE
IN CONSIDERATION OF THE YOUR USE OF OUR WEBSITE/KLIKLY APP, YOU SPECIFICALLY REPRESENT THAT YOU ARE OF LEGAL AGE (18 YEARS AND ABOVE) TO FORM A LEGALLY BINDING AND ENFORCEABLE CONTRACT AND ARE NOT A PERSON BARRED FORM RECIEVING SERVICES UNDER ANY LAW IN FORCE IN INDIA OR OTHER APPLICABLE JURISDICTION
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that:
(a) all registration information that you submit is truthful and accurate,
(b) you will maintain the accuracy of such information, and
(c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
To access the Website, users may be asked to provide registration details such as name, address, email id or other information directly or indirectly through intermediary platforms such as Facebook, Google etc. It is a condition of use of this Site that all the information provided by a user shall be correct, current, and complete. You shall be solely responsible for all activity that occurs on your Account and you shall notify KLIKLY immediately of any breach of security or any unauthorized use of your Account. Also, you shall never use another's Account without KLIKLY’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. If KLIKLY believes the information provided is not correct, current, or complete KLIKLY has the right to refuse access to this site or any of its resources, and to terminate or suspend access at any time.
You hereby expressly acknowledge and agree that you yourself and not KLIKLY will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the above, you may be liable for the losses of KLIKLY or others due to such unauthorized use.
USE OF SUBMITTED CONTENTS
A. NO CONFIDENTIALITY
B. YOUR REPRESENTATIONS AND WARRANTIES
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, KLIKLY does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that KLIKLY shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to KLIKLY.
KLIKLY may also disclose user information including personal information if KLIKLY reasonably believes that disclosure.
(i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority,
(ii) would potentially mitigate KLIKLY’s liability in an actual or potential lawsuit,
(iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity,
(iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or
(v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
C. YOUR OWNERSHIP RIGHTS AND LICENSE TO KLIKLY
D. KLIKLY'S DISCLAIMERS AND RIGHT TO REMOVE
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that KLIKLY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KLIKLY with respect thereto, and agree to indemnify and hold KLIKLY, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that KLIKLY may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to KLIKLY, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and KLIKLY is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that KLIKLY is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
RESTRICTION ON USE
VIOLATION OF RULES
If a Service Provider violates any of the above-referenced rules in connection with his or her Posting, KLIKLU, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Providers’ Account privileges; (c) suspend the Service Providers’ Account; (d) cause the Service Provider to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Providers’ status earned via the Feedback page.
If a User violates any of the above-referenced rules in connection with his or her Posting, KLIKLY, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the User's Account privileges; (c) suspend the User's Account; and/or (d) decrease the User's status earned via the Feedback page.
PRIVACY AND CONSENT
TRANSFERABILITY OF ACCOUNT
The account which the user has created is meant specifically to be used by you and the same is not transferable and it is not allowed that someone else uses the same. If the account is used by someone else, it is presumed that the account concerned is being used by the actual user authorized to use the account. In case of any loss, damage etc. to the actual user is caused by the unauthorized user, "KLIKLY" is not liable for the same. You will not be allowed to download any material from the website, except with the prior written approval of the company.
The company will have the right to take corrective and penal measures if a fault is committed by the user.
Users and Service Providers agree and acknowledge that
OWNERSHIP & INTELLECTUAL PROPERTY RIGHTSssss
KLIKLY is not obligated to maintain confidentiality of any and/or all the information submitted by you, including but not limited to profile, offers, suggestions, feedback etc. and shall not be liable for the same including any information given by the user to locate a professional.
Any information shared by you is used by the website with your express consent for the purpose fixed. By submitting the personal information about yourself, you expressly consent in unequivocal terms that the same can be used by third parties in the manner deemed fit and proper in the given facts and circumstances.
KLIKLY respects the intellectual property rights of others, and we prohibit users of our Site from submitting, uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights.
Trademarks, service marks, copyrights, logos etc. (collectively as "IP") appearing on the Site are the property of KLIKLY or the party that provided the respective IP to KLIKLY. Any IP including pictures, videos, logos or any other material that has been uploaded by KLIKLY with a particular listing of a service provider is being done so on a fair use basis to deliver a review of the service so provided. In the event the owner of the said IP does not consent to the continued use of the same, a written request should be sent by the owner of the said IP to KLIKLY and KLIKLY shall process this take down request as per the Complaints and Sanctions Procedure herein below. KLIKLY and any party that provided its IP or consented to its use by KLIKLY retain all rights with respect to any of their respective IP appearing on the Site.
KLIKLY owns the Site, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, the User may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and its Content are retained by us.
COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE
KLIKLY has high regard for intellectual property and expects the same level of standard to be employed by its users. KLIKLY may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at …………………..com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit KLIKLY to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit KLIKLY to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
REPRESENTATIONS & WARRANTIES
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray KLIKLY or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. KLIKLY may revoke this limited right at any time. You may not use a KLIKLY logo or other proprietary graphics of KLIKLY to link to the Site without the express written permission of KLIKLY. Further, you may not use, frame or utilize framing techniques to enclose any KLIKLY trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without KLIKLY's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of KLIKLY or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of KLIKLY or any third party without the prior written permission of KLIKLY or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. KLIKLY does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. KLIKLY provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply KLIKLY's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. KLIKLY accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
REPRESENTATIONS & WARRANTIES
The company is not responsible for any dispute between the service user and the service provider / professional. Such disclaimer of liability includes but is not limited to quality of service, excess charges by the professional, delay in service etc. etc.
You expressly understand and consent to the fact that use of all the services over the website and all figures, rates, information, products, data (including that of third parties) accessible from the service is at your sole risk and responsibility. The information is on "as is" and "as available" basis. The company disclaims all warranties of any kind as to the service and all other all figures, rates, information, products, data (including that of third parties) included or displayed over the website and also whether the all figures, rates, information, products, data (including that of third parties) are for a particular purpose or not.
There is no warranty that the service will meet the requirements or expectations (even legitimate), the results and the outcomes will be accurate, perfect and reliable; the service will be timely and error-free, uninterrupted and secure. You are solely and exclusively responsible for any damage caused to the computer resource, computer system, laptop and the gadgets of the like after using the website or downloading something from it. It is also clarified that no information provided by the company, whether through e-mail, oral, written, whatsapp or any other mode of communication will create any warranty until and unless expressly provided for in the terms and conditions.
The company would not be liable for any loss or damage etc. even if the service provider / service user has been advised of the possibility of such loss or damage etc. resulting from or a consequence of using the service in any manner whatsoever or relating to the service.
The website is not responsible for any illegal, derogatory, defamatory materials posted over its website by any user or person.
You are advised to use your judgment and discretion whether to avail the services of a service provider / professional or not, apart from using your discretion whether to use the website or not.
The users understand and accept that if any data / information provided by the users is leaked by any third party, whether that third party has tie-ups or links with KLIKLY or not, the leakage or the consequences of leakage is not the responsibility of KLIKLY. Though KLIKLY takes will take all reasonable steps to protect leakage of any data (except to the extent permitted as per the policies), it cannot prevent such leakages of data / information where dissemination of data is beyond KLIKLY’s control.
User(s) agree that under no circumstances will he / she / they write or comment any abusive language, defamatory words or things against KLIKLY in any social media or wherever the users are eligible to write. Users also agree that no settlement entered into between KLIKLY & user will be displayed over the said media spaces or through any mode of communication.
Any assurance, representation or warranty made by KLIKLY on behalf of the service providers with respect to quality, time of completion of service or discounts etc. is made on the basis of the assurances, representations or warranties made by the Service Provider to KLIKLY. Non-compliance or non-fulfillment of any of the assurances, representations or warranties is / are not the responsibility of KLIKLY. KLIKLY cannot be held liable in any manner for any such default.
MODIFICATION OR CESSATION OF WEBSITE
KLIKLY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that KLIKLY shall not be liable to you or to any third party for any modification, suspension or discontinuance of KLIKLY services
TERMINATION BY KLIKLY
TERMINATION BY YOU
EFFECT OF TERMINATION
Unless KLIKLY has previously cancelled or terminated your use of the Website (in which case subsequent notice by KLIKLY shall not be required), if you provided a valid email address during registration, KLIKLY will notify you via email of any such termination or cancellation, which shall be effective immediately upon KLIKLY 's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of KLIKLY Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that KLIKLY shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, KLIKLY retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted KLIKLY hereunder shall remain in effect for the foregoing purpose. In no event is KLIKLY obligated to return any Submitted Content to you. Sections below shall survive expiration or termination of the Website or your Account.
You agree to indemnify and hold KLIKLY, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
NEGOTIATION AND CONTRACT
Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon terms and conditions.
KLIKLY IS NOT A PARTY TO ANY SERVICE CONTRACT
You should not rely on the any information or resources contained on the Website, as a replacement or substitute for any professional, financial, legal or other advice or counsel. KLIKLY makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites. In no way will KLIKLY be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
Each Registered User hereby acknowledges and agrees that KLIKLY is NOT a party to any oral or written Agreement for Service, Negotiation, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that KLIKLY only seeks to provide a platform wherein the Service User and Service Provider be brought together and KLIKLY itself has not role in the execution or provision of Services.
NO AGENCY OR PARTNERSHIP
DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users
You understand that deciding whether to use the Services of a Service Provider or provide Services to a User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that KLIKLY does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While KLIKLY may attempt to seek information about the background of a Service Provider, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalized website, LinkedIn, Twitter etc., you understand that Service Providers may register themselves suo moto. You also understand that any so called background check undertaken by KLIKLY is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that KLIKLY only seeks to provide a platform wherein Users and Service Providers have an opportunity to meet each other
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE KLIKLY only seeks to provide a platform wherein the User and Service Provider can be brought together and KLIKLY itself has not role in the execution or provision of Services ITSELF, KLIKLY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT KLIKLY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE KLIKLY, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
Any disputes, difference or claim arising between the parties out of or in relation to or in connection with the Terms of Service, or the breach, termination, effect, validity, interpretation or application of this agreement as to their rights, duties or liabilities here under, shall be settled by the parties by mutual negotiations and agreement. If for any reason, such dispute cannot be resolved amicably by the parties, the same shall be referred to and settled by way of arbitration proceedings, through reference to a sole arbitrator. The Act applicable to any or all of the proceedings arising out of this Agreement shall be the Arbitration and Conciliation Act, 1996 as amended from time to time.
FEEDBACK AND GRIEVANCE OFFICER
DEALS AT PRESENT
T&C apply as to be explained by the klikly agent. Management reserves the right to modify or end deal without further intimation. KLIKLY reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
REFUND AND CANCELLATION POLICY
Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we are just a call away. To benefit our customers, we have multiple payment modes wherein customers can make the payment via wallet or via traditional means such as Debit/Credit card/Net Banking. After a booking is made on our website/app KLIKLY experts will call to understand customer need in detail and share a payment link to make the advance or final payment as discussed. Advance/booking amount is nonrefundable if informing us about cancellation after 2 hours of remitting the payment. Final amount paid via KLIKLY payment gateway is non-refundable if customer is informing us of any issue after 12 hours of service delivery. Refund of booking amount/final amount paid directly to service provider is as per T&C of the vendor and KLIKLY is not liable for any refund or payment.
THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. KLIKLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. KLIKLY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLIKLY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. AND KLIKLY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE USER AND NOT KLIKLY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KLIKLY MAKES NO WARRANTIES THAT THE USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR HACKING & ACCIDENTAL LEAKS, ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION ON LIABILITY
You acknowledge and agree that all of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and KLIKLY does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete
You acknowledge and agree that all KLIKLY disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. KLIKLY may however review, delete or block access to communications that could harm KLIKLY, its customers, users of the website or third parties.
You acknowledge and agree that all logos and/or registered trademarks displayed on any part of the KLIKLY website are the property of their respective copyright owners. If you have reason to believe that any form of Intellectual Property or Copyright infringement has occurred in any part of our website please contact Mr. Siddharth Vig at firstname.lastname@example.org.
INDEMNIFICATION AND RELEASE
IN NO EVENT SHALL KLIKLY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KLIKLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO INSTANCE SHALL THE TOTAL, AGGREGATE LIABILITY OF KLIKLY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO KLIKLY BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT KLIKLY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT KLIKLY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE KLIKLY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
APPLICABLE LAWS & JURISDICTION
The effectiveness, construction and enforcement of this Agreement shall be governed by Indian laws. The Parties hereby submit to the exclusive jurisdiction of the courts of New Delhi in respect of any dispute arising in connection herewith.
STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Neither KLIKLY nor the User may assign this Agreement or the rights and obligations here under to any third party without the prior express written approval of the other party which shall not be unreasonably withheld.
The failure of KLIKLY to enforce any provisions of the Agreement or respond to a breach by you or other parties will not in any way waive KLIKLY's right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches