© Kapiital Kapslock 2024
Definitions
Unless otherwise specified, the capitalized terms shall have the meanings set out below:
Agreement
Means and includes the Privacy Policy and any other such terms and conditions that may be mutually agreed upon between Kapiital Kapslock Private Limited (KKPL) and the User in relation to the Services, deemed to have been executed at Chennai, India.
Applicable Law
Means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
Computer Virus
Means and includes any computer instruction, information, data or program that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a program, data or instruction is executed or some other event takes place in that computer resource.
Confidential Information
Means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of KKPL and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to KKPL in confidence.
Content
Means and includes any information all data and information on the Platforms.
Government Authority
Means and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.
Intellectual Property
Means and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain.
Intellectual Property Rights
Means and include (a) all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property; (e) all extensions and renewals thereof; (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same; (g) any Confidential Information.
KKPL
A company incorporated under the Companies Act, 2013 having its registered office at 90, Sasirekhama Nagar, K M Nagar, Chennai, Tamil Nadu, India – 600118 including its officers, directors, employees and representatives along with its Platforms.
Platforms
Means and includes the website and the mobile application on/ through which the Services can be availed.
Privacy Policy
Means and includes the privacy policy of KKPL.
Prohibited Conduct
Means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of KKPL’s or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Platforms and/or Services or its related systems or networks; create internet links to the Platforms or “frame” or “mirror” any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing without permission, or falsely representing User Information.
Personal Information
Means and includes details such as e-mail address, first and last name, phone number, address, Aadhaar Card, PAN Card, biometric information, financial information such as credit history, financial statements, bank account, bank resolutions, details of the authorized representative of a User and such other sensitive information, of the User, and/or concerned person which personally identifies such User and/or person.
Services
Means and includes the services provided by KKPL within the territory of India to the User of the Platforms and shall include the provision of access to the website owned, operated and managed by KKPL.
User
Means any person who avails the Services.
User Information
Means and includes information the User’s browser sends each time the User avails the Services, User’s computer’s/ mobile devices’ Internet Protocol address/ mobile device unique ID, browser/ mobile device type, browser version, operating system, the pages of Platforms, time and date of each visit, time spent on the Services, Personal Information and any other data, diagnostic information, details or information collected through unique device identifiers in relation the User, provided by the User to KKPL in relation to the Services, whether through e-mail or any other form of communication, agreeable to the User and KKPL.
INTERPRETATION
Unless the context otherwise requires, or a contrary indication appears:
Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.
Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.
The singular includes the plural and vice versa and words importing a particular gender include all genders.
The mode and manner of communication for the purposes of this Agreement shall be via e-mail to support@kapiitalkapslocks.com.
The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be construed as ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.
ACCEPTANCE OF THE PRIVACY POLICY
KKPL agrees to provide to the User and the User agrees to avail from KKPL the Services in accordance with and on the basis of this Agreement and the User’s acceptance of the Privacy Policy constitute the Agreement between the User and KKPL and such Agreement shall deem to replace all previous arrangements between the User and KKPL in relation to the Services.
The User undertakes to be bound by the Agreement each time the User accesses the Platforms.
The User represents and warrants to KKPL that the User is 18 (eighteen) years of age or above, and is capable of entering into, performing and adhering to the Agreement. Individuals under the age of 18 (eighteen) may access the Platforms or avail themselves of a Service only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians. KKPL shall not be responsible for verifying if the User is at least 18 (eighteen) years of age.
PRIVACY POLICY
The profile created by the User inclusive of User Information, regarding property, requirement or other content, such as photos may be accessed and viewed by other Users, persons and/or Third-Party Service Providers as and when such other Users, persons and/or Third-Party Service Providers access the Platforms.
KKPL has the right to collect and maintain information associated with any message that the User may send through the Platforms. The information associated with such messages, including the content of the message, phone number and/or e-mail address, shall be used by KKPL for logging in purposes.
KKPL has the right to use User Information for the purposes of sharing such User Information with Third Party Service Providers and to inform the User about the offers to upgrade to premium services as well as promotions in connection with the Services.
KKPL shall use the standard industrial measures to protect Personal Information stored in KKPL’s database. KKPL limits the access of Personal Information to only its employees, customer service personnel and contractors who may need such access during the course of their employment for providing the Services.
USER INFORMATION
KKPL shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information.
KKPL shall not be responsible or liable for the deletion, correction, destruction damage, loss or failure to store any User Information, in whole or in part.
KKPL reserves the right to withhold access, remove or discard any User Information from the Platforms, in whole or in part.
KKPL shall have the right but no obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Platforms or otherwise.
RIGHTS OF KKPL
KKPL, at all times, reserves the right, to reject or disable access to Services in the event of the User’s violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited to any other reason in relation to the safe and secure operation of the Platforms.
KKPL has the right to modify, suspend or terminate all or part of the Services including its features, structure and layout, and/or suspend or deactivate, whether temporarily or permanently, the User’s access to the Platforms, at any time, without prior notice to the User.
KKPL shall endeavor to provide the User an advance notice, without any obligation to do so, of any suspension or deactivation of the Platforms for the purposes of repair, any inspection or testing by a Government Authority, maintenance, upgradation, testing or any other reason as KKPL may deem fit. KKPL shall use best efforts to rectify any disruption of or error on the Platforms and restore regular operations of the Platforms.
KKPL has the right to issue notifications, confirmations and other communications to the User, on the Platforms, through e-mail, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User.
UNAUTHORIZED ACCESS
The User shall be liable for all acts conducted through the Platforms and shall be responsible for the safekeeping of User Information.
Subject to Applicable Law, the User is responsible for notifying KKPL immediately upon becoming aware of any unauthorized access into or misuse of the Platforms causing a breach of security as per the Privacy Policy.
KKPL shall extend support by ensuring immediate termination or suspension of such Services and take any other appropriate safety measures as may be necessary. KKPL shall not be held liable for any unauthorized access to the Platforms and/or any loss or damage to the User as a consequence of the delay or failure of the User in informing KKPL about such unauthorized access.
KKPL will, in accordance with Applicable Law, dispose of records containing User Information after taking all reasonable security measures to prevent unauthorized access to or use of the User Information.
USE OF INFORMATION
KKPL undertakes that the procurement, storage, usage and dissemination of all information including User Information and/or Content, as the case may be, pursuant to this Agreement, shall at all times, including upon expiration of the Services or termination of the Agreement with the User, be in accordance with Applicable Law.
The User hereby irrevocably and unequivocally authorizes KKPL to utilize User Information for the purposes including those set out below:
providing and maintaining Services in accordance with the Agreement.
disclosing User Information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need-to-know basis for and in relation to provision of the Services.
contacting a Third-Party Service Provider and/ or facilitating/ enabling the services of a Third-Party Service Provider for the User pursuant to the arrangement between KKPL and such Third-Party Service Provider;
allowing the User to partake in interactive features of the Services, conducting internal studies, consumer research, surveys and preparing reports in connection with the Services including providing analysis or valuable information to improve the Services.
notifying the User of any change in the Services.
monitoring the Services and detecting, preventing and addressing technical errors/ problems in relation to providing and/or availing the Services; and
sending alerts, contact details, promotional messages and promotional calls whether by KKPL itself or through its partners/ vendors and sub-partners/ sub-vendors.
Third party services
Subject to the need and request of the User, KKPL shall engage, directly or indirectly, the services of Third-Party Service Providers from time to time in order to provide the Services to the Users, in accordance with the terms and conditions separately agreed to between KKPL and such Third-Party Service Provider.
KKPL shall have the unequivocal consent of the User to share User Information, in whole or in part, with the Third-Party Service Provider, without intimation to the User limited to and for the purposes of the arrangement between the Third-Party Service Provider and KKPL, including analysis and monitoring of the use of Services,
Nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of KKPL or any third-party service provider. The arrangement specified in this clause is strictly executed on principal-to-principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.
Links to Other Sites
Services may contain links to other sites that are not operated by us. If the User clicks on a third-party link, the User will be directed to that third party’s Platforms. We strongly advise the User to review the Privacy Policy of every site such User visits.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party site or services.
Tailored Advertising
The User acknowledges and agrees that KKPL may use cookies or similar technologies including session cookies, preference cookies, security cookies to collect information about the User’s pattern of availing the Services, in order to inform, optimize, and provide advertisements based on the User’s visits on the Platforms and general browsing pattern and report how Third-Party Service Providers advertisement impressions, other uses of advertisement services, and interactions with these impressions and services are in relation to the User’s visits on such third party’s website.
Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to the User’s browser from a website and stored on such User’s device. Tracking technologies are also used are beacons, tags, and scripts to collect and track information and to improve and analyze the Service. The User can instruct its browser to refuse all cookies or to indicate when a cookie is being sent. However, if the User does not accept cookies, some of the Services, in whole or in part, may not be accessible.
Disclosure to Government Authorities
KKPL shall without obtaining prior consent from the User share any User Information as may be required by a Government Authority or in accordance with Applicable Law for the purposes of verification of identity, prevention, detection, investigation including cyber incidents, prosecution, and/or punishment of offences.
Transfer of User Information
User Information may be transferred to and maintained on computers located outside the User’s state, province, country or other governmental jurisdiction with different data legislation.
The User agrees and acknowledges that User Information provided to KKPL from outside India is transferred to India for the purposes of processing and usage.
KKPL shall ensure secure and lawful transfer of User Information in accordance with reasonable safety measures in accordance with the Privacy Policy.
KKPL undertakes that User Information shall not be transferred to any country or organization or Third-Party Service Provider in the absence of adequate infrastructure for the purposes of lawful handling and protection of the User Information.
CONTENT ON THE PLATFORMS
KKPL shall endeavor to ensure that the Content is monitored to ensure that the same is not in contravention of Applicable Law and this Agreement.
INTELLECTUAL PROPERTY
KKPL respects the Intellectual Property Rights of others and asks its Users to do the same.
The User shall be held liable for acts including but not limited to those set out below herein, for any such infringement of KKPL’s Intellectual Property Rights such as misrepresentation of User Information or Content as their own property and/or using the Content directly or indirectly, publicly or privately.
KKPL reserves the right to initiate appropriate legal proceedings against any User or third party for an infringement of its Intellectual Property Rights, in accordance with Applicable Law.
The User acknowledges and agrees that the User Information shall be commercially exploited and used by KKPL for the purposes specified in the Agreement.
The User further accepts and agrees that KKPL shall have Intellectual Property Rights on all information and data provided or shared by the User on the Platforms.
OPERATIONAL HAZARDS/ COMPUTER VIRUS ATTACKS
KKPL does not warrant in any manner whatsoever that the Platforms or any other software utilized by KKPL for internal purposes, shall at all times remain free from any harmful components and operational hazards such as Computer Virus, worms, trojans and such related components that might be a threat to the information available with KKPL.
KKPL shall endeavor to keep the Platforms secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry. KKPL shall undertake reasonable operational, technical and organizational measures necessary to protect User Information against accidental or unlawful destruction, alteration, unauthorized disclosure or access in accordance with Applicable Law and this Agreement.
KKPL shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, link failure, Platforms crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.
DISCLAIMER
The information and opinions available on the Platforms in relation to the Services are mere guidelines for the purposes of providing general information on the subject and the exchange of property and any other information through or on the Platforms is not an offer and/or recommendation from/ by KKPL.
The Content should not be regarded as legal or financial advice for the User.
The Services are chosen and used at the User’s risk and discretion and KKPL makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.
The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the Platforms, and the User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users/ persons/ Third-Party Service Providers.
KKPL expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content on the Platforms/ made available to KKPL by any User or any third party or any deficiency in service that is caused to the User due to a Third-Party Service Provider.
KKPL does not guarantee the Services, or the results obtained from the use or Services will meet the User’s expectations or requirements or that the Platforms will be uninterrupted or free from any technical error.
KKPL is not responsible for the accuracy or reliability of any third-party reports, market information, studies and analysis made available on the Platforms and any external web links mentioned on the Platforms.
KKPL does not have the obligation to physically meet, conduct background or police verification of the Users. KKPL accepts User Information in good faith and shall not be held responsible with regard to the bonafides of the Users.
KKPL shall not be liable for any damages, expenses, costs or losses incurring from the User’s engagement in Prohibited Conduct and availing services of Third-Party Service Providers.
KKPL shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the Services.
KKPL shall not be liable for any third-party fees, costs, charges or expenses incurred by the User for accessing the Platforms or availing the Services. KKPL shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever and any such disputes or proceedings shall be resolved outside the Platforms without any reference or recourse to KKPL.
KKPL neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party Service Providers. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. KKPL assumes no responsibility or liability whatsoever for the User’s use of such tailored advertisements.
KKPL shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial action.
NO LIABILITY
KKPL expressly disclaims all liability and shall not be held liable, under this Agreement for any reason whatsoever and/or with regard to anything which KKPL has done or omitted to do in relation to this Agreement.
INDEMNITY
KKPL and its officers, directors, employees and agents collectively at all times shall be held indemnified against any losses, costs, expenses and/or damages (including reasonable attorney fees) incurred and/or suffered by KKPL, whether direct or indirect, resulting from, an act or a failure to act, of any other User, person or Third-Party Service Provider for any reason whatsoever and against any claims, suits and/or legal proceedings initiated by third parties inclusive of but not limited to the User’s:
breach of any terms of this Agreement;
third party claims arising from an infringement or alleged infringement of such third party’s intellectual property;
claims made by any Government Authority due to the User’s violation of Applicable Law; or
actual or alleged gross negligence or willful misconduct in connection with the User’s use of the Services or this Agreement.
INCONSISTENCY
The terms of this Agreement shall be read together with the terms of any agreement KKPL may enter into with any User in respect of the Services or any other services provided by KKPL and in the event of any conflict or inconsistency between (i) any of the provisions of this Agreement, and (ii) the terms contained in any such agreement entered into between the User and KKPL, the terms of such bipartite Agreement shall to the extent of such conflict or inconsistency prevail for all intents and purposes.
WAIVER AND SEVERABILITY
No failure or delay on the part of KKPL in exercising any right or remedy shall operate as a waiver of such right or remedy.
In the event that any of the terms and conditions of the Agreement is declared as invalid or unenforceable by a court of competent jurisdiction, such enforceability or invalidity shall not render other terms and conditions as invalid or unenforceable as a whole.
The invalid or unenforceable provision shall be construed to reasonably reflect the actual intention of the party (in this case, KKPL) while drafting it.
AMENDMENT
KKPL shall change, update or modify this Agreement, in whole or in part, without prior notice to the User, provided, however, that, a notification of such change, updating or modification will be made available on the Services platform.
The User’s uninterrupted and continued usage of the Services shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to the Agreement.
GOVERNING LAW AND JURISDICTION
Any action, claim, dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute) shall be governed by and construed in accordance with the laws of India and the courts in Chennai shall have exclusive jurisdiction over Disputes arising out of this Agreement. Notwithstanding anything contained herein, KKPL shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than Mumbai that it may in its sole discretion deem appropriate and convenient.