Terms & Conditions
Please read the following terms and conditions very carefully as your use of this Website is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
You agree that you are of legal age to enter into binding contracts, have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Functionalities. If you do not want to be bound by the Terms, you should not use this Website. In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Functionalities offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us", "Khojguru", "KIPL" and "our" shall mean Khojguru Infotech Pvt. Ltd.
b) Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by KIPL at its sole discretion and posted on the Website.
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein;
Further, you may not use any information or features or the Website itself to allow the display of a substantial portion of the KIPL database or reproduce, duplicate or copy the Website.
b) Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
Neither shall KIPL be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, KIPL shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond KIPL's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems/mobile phones or loss of data that results from the download of such material and/or data.
Notwithstanding anything to the contrary, KIPL's total and cumulative liability shall be limited to INR 99/- only.
KIPL and/or its parent or subsidiaries, will not be responsible if any establishment breaches its contract or refuses to accept the discount coupons; however, it will attempt to secure compliance. KIPL disclaims all alleged liability for bodily injury or property damage resulting from any accident, event or occurrence on, or resulting from the use of, the premises of the participating businesses. KIPL disclaims all warranties express, implied or otherwise imposed by law, regarding the condition of those premises or the safety of the same. KIPL disclaims all alleged vicarious liability for bodily injury or property damage resulting from the acts or omissions of the participating businesses.
b) Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until KIPL chooses to terminate them.
c) If you or KIPL terminates your use of the Website, KIPL may delete any content or other materials relating to your use of the Website and KIPL will have no liability to you or any third party for doing so.
- You understand and agree that KIPL may review and delete any Feedback/Review, entertainment listings, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of KIPL violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the KIPL Site and/or other website users.
- You are solely responsible for the any Feedback/Review that you publish or display on the KIPL Site or transmit to other members and/or other website users (hereinafter, "Posted Feedback/Review"). You are solely responsible for your ratings and reviews of entertainment listings and businesses listed on KIPL. KIPL reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
- You agree that you will only post Feedback/Review that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Feedback/Review on the KIPL Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, KIPL, its contractors, and the users of the KIPL Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Feedback/Review and to prepare derivative works of, or incorporate into other works, such Posted Feedback/Review.
- The following is a partial list of the kind of Feedback/Review and communications that are illegal or prohibited on/through the KIPL Site. KIPL reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the KIPL Service and terminating the membership of such violators or blocking your use of the KIPL Service and/or KIPL Site.
- You may not post Feedback/Review that:
a) is false or intentionally misleading;
b) is patently offensive to users of the KIPL Site, such as Feedback/Review or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c) harasses or advocates harassment of another person;
d) involves the transmission of unsolicited mass mailing or "spamming";
e) promotes illegal activities or conduct that is abusive;
f) is threatening, obscene, defamatory or libelous;
g) is pornographic or sexually explicit in nature; and
h) seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
You agree that you are of legal age to enter into binding contracts, have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Functionalities. If you do not want to be bound by the Terms, you should not use this Website. In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Functionalities offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us", "Khojguru", "KIPL" and "our" shall mean Khojguru Infotech Pvt. Ltd.
1.Introduction
a) www.khojguru.com ("Website") is an Internet based portal owned and operated by Khojguru Infotech Pvt. Ltd., a company incorporated under the laws of India, with its office at New Delhi, India.b) Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by KIPL at its sole discretion and posted on the Website.
2.User Account, Password, and Security
Once you register as a User by creating an Account, you will receive a password and account designation upon completing the Website's registration process. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify KIPL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KIPL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.3.Functionalities Offered
This Website is a discount portal that provides discount coupons to its users and corporate employees. The Website currently hosts a platform for the online download of discount coupons against points (earned or bought) onto mobile phones as SMS coupons, print coupons or coupon codes of Alliance partners of Khojguru Infotech Private Limited, as well as a blog where users can upload their comments and views.4.Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of KIPL in respect of the Website. By registering with the service, the user also hereby allows KIPL to send text messages and call the customer as and when required. You further consent that the terms and contents of such Privacy Policy are acceptable to you.5.Limited User
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.6.User Obligations
You agree and undertake to use the Website only to post and upload material that are proper. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not:(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein;
Further, you may not use any information or features or the Website itself to allow the display of a substantial portion of the KIPL database or reproduce, duplicate or copy the Website.
7.User Warranty and Representation
You guarantee, warrant, and certify that you have the authority to upload and post your content/comments and that the same does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Functionalities rendered by KIPL.8.Intellectual Property Rights
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, KIPL owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to KIPL without obtaining authorization from KIPL.b) Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
9.Links To Third Party Sites
KIPL will contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of KIPL, and KIPL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KIPL is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. KIPL provides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with KIPL of the Linked Sites nor does it represent the advice, views, opinions or beliefs of KIPL. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.10.Disclaimer Of Warranties/Limitation Of Liability
KIPL has endeavored to ensure that all the information on the Website is correct, but KIPL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall KIPL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Functionalities; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the Functionalities; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service.Neither shall KIPL be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, KIPL shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond KIPL's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems/mobile phones or loss of data that results from the download of such material and/or data.
Notwithstanding anything to the contrary, KIPL's total and cumulative liability shall be limited to INR 99/- only.
11.Indemnification
You agree to indemnify, defend and hold harmless KIPL from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by KIPL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these TermsKIPL and/or its parent or subsidiaries, will not be responsible if any establishment breaches its contract or refuses to accept the discount coupons; however, it will attempt to secure compliance. KIPL disclaims all alleged liability for bodily injury or property damage resulting from any accident, event or occurrence on, or resulting from the use of, the premises of the participating businesses. KIPL disclaims all warranties express, implied or otherwise imposed by law, regarding the condition of those premises or the safety of the same. KIPL disclaims all alleged vicarious liability for bodily injury or property damage resulting from the acts or omissions of the participating businesses.
12.Termination
a) KIPL may suspend or terminate your use of the Website or any Service at its sole and absolute discretion.b) Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until KIPL chooses to terminate them.
c) If you or KIPL terminates your use of the Website, KIPL may delete any content or other materials relating to your use of the Website and KIPL will have no liability to you or any third party for doing so.
13.Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.14.Report Abuse
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. KIPL does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. KIPL reserves the right to delete any content that is in breach of these Terms. If you come across any abuse or violation of these Terms, please report to reportabuse@khojguru.com15.Disclaimers
The User hereby consents, expresses and agrees that he has read and fully understands the Disclaimers of KIPL in respect of the Website.16.Feedback/Review posted by the user on the Khojguru Site
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.- You understand and agree that KIPL may review and delete any Feedback/Review, entertainment listings, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of KIPL violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the KIPL Site and/or other website users.
- You are solely responsible for the any Feedback/Review that you publish or display on the KIPL Site or transmit to other members and/or other website users (hereinafter, "Posted Feedback/Review"). You are solely responsible for your ratings and reviews of entertainment listings and businesses listed on KIPL. KIPL reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
- You agree that you will only post Feedback/Review that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Feedback/Review on the KIPL Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, KIPL, its contractors, and the users of the KIPL Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Feedback/Review and to prepare derivative works of, or incorporate into other works, such Posted Feedback/Review.
- The following is a partial list of the kind of Feedback/Review and communications that are illegal or prohibited on/through the KIPL Site. KIPL reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the KIPL Service and terminating the membership of such violators or blocking your use of the KIPL Service and/or KIPL Site.
- You may not post Feedback/Review that:
a) is false or intentionally misleading;
b) is patently offensive to users of the KIPL Site, such as Feedback/Review or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c) harasses or advocates harassment of another person;
d) involves the transmission of unsolicited mass mailing or "spamming";
e) promotes illegal activities or conduct that is abusive;
f) is threatening, obscene, defamatory or libelous;
g) is pornographic or sexually explicit in nature; and
h) seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
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