Terms Of Services
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.
- 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.
- 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.
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.
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.
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.
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:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- 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;
- 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;
- 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;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- 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.
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.
Intellectual Property Rights
- 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.
- 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.
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.
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.
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 Terms
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.
- KIPL may suspend or terminate your use of the Website or any Service at its sole and absolute discretion.
- Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until KIPL chooses to terminate them.
- 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.
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.
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 firstname.lastname@example.org
The User hereby consents, expresses and agrees that he has read and fully understands the Disclaimers of KIPL in respect of the Website.
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:
- is false or intentionally misleading;
- 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;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- 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.
- "Khojguru Rewards" Program means the discount or offer run by KIPL where in KIPL offers a discount in cash or kind when the user makes a purchase or completes the desired objective on the website or the outlet of KIPL's Partner/Vendor/Affiliate/Affiliate Merchant.
- The Khojguru Rewards Program is only available on selected products mentioned in KIPL website and for purchases made through KIPL The User must have Internet access and a valid email address to be eligible to receive the privileges and benefits of Usership.
- Users must provide a valid email address and a password to activate and access his/her account. To be classified as a User the completion of enrollment process is a must.
- The participation in Khojguru Rewards program and its benefits are offered at the discretion of KIPL.
- KIPL reserves their right to change the terms and conditions of the User Agreement, in whole or in part, at any time with or without notice. The Users shall periodically check the terms and conditions that may be published in the KIPL website.
- If an Affiliate or Affiliated Merchant or Vendor fails to report a transaction to KIPL, or withholds payment to KIPL for a particular transaction for any reason, KIPL reserves the right to cancel the Khojguru Rewards associated with that transaction. Khojguru Rewards awarded to Users are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to User accounts at any time by KIPL at its sole discretion. Should the User disagree with any such adjustments made to their account, their sole remedy is to withdraw from the Program. If the Users commits breach of any of the terms and conditions of this agreement or fails to abide by this agreement or any other rules, KIPL at its sole discretion cancel/terminate the Usership.
- The purchases made through KIPL's Affiliate or Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn Khojguru Rewards if and only if all of the following criteria are satisfied:
- "Cookies", both first and third party (if applicable), must be enabled on the User's Web browser.
- All potential Qualified Purchases must begin by clicking on the Affiliate or Affiliated Merchant's link or pop-ups that appears on the KIPL Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click.
- KIPL may, at all times, route the User's request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate the User's sale and entitlement for Khojguru Rewards, which will not be deemed a Qualified Purchase.
- All purchases must be started and completed in one shopping session within the KIPL shopping program. If the User starts a purchase, then complete it in a different session, the User will be ineligible for a rebate.
- The User must not use coupons not listed on the KIPL website.
- Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a Qualified Purchase. It is made clear that if the User for any reason goes directly, without following the procedure prescribed in KIPL's website and makes purchase from the Affiliate or Affiliate Merchant or Vendor's website then in such an event the User would not be entitled to Khojguru Rewards and KIPL does not hold any obligation or responsibility to pay Cash Back.
- The determination of whether or not a purchase made through a KIPL Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of KIPL.
- "Account Activation" is completed upon the making of a Qualified Purchase at any KIPL Affiliate merchant site.
- The User may be taxed on accrual of Khojguru Rewards, depending on the amount of Khojguru Rewards accrued. KIPL may choose to provide the User with those notices on such occasion or pay such tax amount and inform the User. In all instances, the User will be solely responsible for any and all tax liability arising out of accrual or redemption of Khojguru Rewards.
- The purchases not eligible for accrual or payment of Khojguru Rewards are detailed in the KIPL website.
- The User is responsible to periodically check his/her account to ensure that the Khojguru Rewards is being properly credited. In the event of any discrepancy regarding the Khojguru Rewards, the User is required to contact KIPL with complete details of qualifying purchase. KIPL would process any query from the User within a period of 30 days and inform the User regarding such claims.
- Khojguru Rewards depends on the affiliate merchants terms and conditions and is subject to change and review from time to time. If there are any adjustments, the same is liable to be adjusted in the User's account by KIPL without any notice.
- KIPL reserves its right to terminate any account for abusive or fraudulent activity or if KIPL finds any information provided by the User to be false.
- KIPL is not responsible for any change, discontinuance, withdrawal etc. by any Affiliate Merchant or for any effect on accrual of Khojguru Rewards caused by such changes, discontinuance, or withdrawal.
- KIPL does not guarantee or make any representation regarding the quality, accuracy of any advertisements, products, services provided or offered by Affiliate Merchants or any persons selling any products. The User is required to form an independent opinion for any of the purchases made from the Affiliate Merchant.
- KIPL does not guarantee the coupons or special offers that are not listed in KIPL site. KIPL also does not guarantee the payment of the Khojguru Rewards until the Affiliate or the Affiliate Merchant credits the same to KIPL.
- KIPL reserves its right to disclose the information of the User, the transactions made, the Khojguru Rewards received on receipt of any valid notice or summons from any Government or statutory authorities. The User further authorizes KIPL to disclose to third party the information provided regarding the User or shopping behaviour to agents / licensors or KIPL or its affiliate to independent Auditors, Attorneys, Consultants or for providing non-personalised marketing services or for advertising or to a merchant partner. The User further agrees for KIPL to collect and use non-personalised marketing information regarding the visits or purchases made from internet commerce site.