TERMS OF USE
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be of legal age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are competent to enter into a contract
The present Terms & Conditions constitute a binding agreement between M/s KickHead Softwares Pvt Ltd and its users, for use of website kickhead.in,and/or mobile applications or any products or services offered online by M/s KickHead Softwares Pvt Ltd.
The website www.kickhead.in and its mobile application are exclusively owned, operated and managed by M/s KickHead Softwares Pvt Ltd.
-
License to use website
Unless otherwise stated, KickHead Softwares Pvt. Ltd. and/or its licensors own the intellectual property rights published on this website and materials used on kickhead.in. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must NOT:
-
republish material from this website in neither print nor digital media or documents (including republication on another website);
-
sell, rent or sub-license material from the website;
-
show any material from the website in public;
-
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
-
edit or otherwise modify any material on the website;
-
redistribute material from this website - except for content specifically and expressly made available for redistribution; or
-
republish or reproduce any part of this website through the use of any third party software.
-
Where content is specifically made available for redistribution upon prior written consent, it may only be redistributed subject to the conditions set out in such written consent.
-
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of kickhead.in or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without express written consent of M/s KickHead Softwares Pvt Ltd.
This includes:
-
scraping
-
data mining
-
data extraction
-
data harvesting
-
'framing' (iframes)
-
Article 'Spinning'
-
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of KickHead Softwares Pvt. Ltd. & RAVI.
Prohibited Activities
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You shall not post, display, upload, modify, publish, transmit, update or share any information on the Site, that:
-
Belongs to another person and to which you do not have any right to;
-
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
-
Harm minors in any way;
-
Infringes any patent, trademark, copyright or other proprietary rights;
-
Violates any law for the time being in force;
-
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
-
Impersonate another person;
-
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
-
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
-
Results in Advertising or solicitation to anyone to buy or sell products or services, or to make donations of any kind.
-
Promotes fraud, schemes or other illegal or fraudulent activities.
-
Discloses any personally identifying information or private information about any third parties without their express consent.
-
Is patently false and untrue, and it written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause injury to any person.
In addition to the above, you are prohibited from doing anything on the website or in respect of the Services that:-
-
Results in spamming, phishing or password harvesting email addresses that have been posted by other users of the website.
-
Uses or attempt to use another user/person’s account, password or services.
-
Disrupts, interferes with or otherwise violates the security of the website or any services, accounts, passwords, servers or networks related to the website.
-
Sends repeated messages to another user or repeat postings of the same message under the same or multiple subjects or engage in cyber stalking or become a nuisance for other users.
-
Damages, disables, overburdens, or impairs kickhead.in’s servers, or the network(s) connected to kickhead.in’s servers, or interferes with any other party’s use and enjoyment of any Services.
-
Attempts to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means.
-
Obtains or attempts to obtain any materials or information through any means not intentionally made available through the Services.
-
Restricted access
Access to certain areas of this website is restricted. KickHead Softwares Pvt. Ltd. reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website kickhead.in may change or modify this policy without notice.
If KickHead Softwares Pvt. Ltd. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
KickHead Softwares Pvt. Ltd. may disable your user ID and password at kickhead.in's sole discretion without notice or explanation.
To register for the services of this website you have to open an account by completing the registration process (i.e. by providing your current, complete and accurate information as prompted by the applicable registration form). You agree to provide and promptly update true, accurate, current and complete information about yourself and if KickHead Softwares Pvt. Ltd. believes such information is untrue, inaccurate, not current, or incomplete, KickHead Softwares Pvt. Ltd. has the right to suspend or terminate your account and refuse any and all current or future use of the website by you.
By registering, you agree to the present terms in addition to any other specific terms which shall be posted at an appropriate location of the website. Each registration is for a single individual user only.
You are not permited any of the following: any other person sharing your account and password; Any part of the website being cached in proxy servers and accessed by individuals who have not registered with kickhead.in as users of the website; or Access through a single account and Password being made available to multiple users on a network.
You further grant right to KickHead Softwares Pvt. Ltd. to retain your information of such period of time as may be prescribed under the provisions of Information Technology Act, 2000 and the rules framed thereunder.
If KickHead Softwares Pvt. Ltd. reasonably believes that an account and Password is being used / misused in any manner, KickHead Softwares Pvt. Ltd. shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KickHead Softwares Pvt. Ltd. immediately of any unauthorised use of your account or any other breach of security. KickHead Softwares Pvt. Ltd. will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to protect your password or account information. However, you could be held liable for losses incurred by KickHead Softwares Pvt. Ltd. or another party due to someone else using your account or password.
-
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to KickHead Softwares Pvt. Ltd. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to KickHead Softwares Pvt. Ltd. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or KickHead Softwares Pvt. Ltd. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
KickHead Softwares Pvt. Ltd. reserves the right to edit or remove any material submitted to this website, or stored on the servers of kickhead.in, or hosted or published upon this website.
KickHead Softwares Pvt. Ltd.’s rights under these terms and conditions in relation to user content, KickHead Softwares Pvt. Ltd. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Sharing User Details
You agree that in the event we receive a summons/notice issued by a court or from a law enforcement or government agency, we shall comply with such summons/notice without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto. This is to be read along with the Privacy Policy.
-
No warranties
This website is provided “as is” without any representations or warranties, express or implied. KickHead Softwares Pvt. Ltd. makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, kickhead.in does not warrant that:
-
this website will be constantly available, or available at all; or
-
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
-
Limitations of liability
KickHead Softwares Pvt. Ltd. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
-
to the extent that the website is provided free-of-charge, for any direct loss;
-
for any indirect, special or consequential loss; or
-
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if KickHead Softwares Pvt. Ltd. has been expressly advised of the potential loss.
-
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability in respect of any:
-
death or personal injury caused by the negligence of KickHead Softwares Pvt. Ltd. or its agents, employees or shareholders/owners;
-
fraud or fraudulent misrepresentation on the part of KickHead Softwares Pvt. Ltd.; or
-
matter which it would be illegal or unlawful for KickHead Softwares Pvt. Ltd. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
-
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
-
Other parties
You accept that, as a limited liability entity, KickHead Softwares Pvt. Ltd. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against KickHead Softwares Pvt. Ltd. officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KickHead Softwares Pvt. Ltd. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KickHead Softwares Pvt. Ltd..
-
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
-
Indemnity
You hereby indemnify KickHead Softwares Pvt. Ltd. and undertake to keep KickHead Softwares Pvt. Ltd. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KickHead Softwares Pvt. Ltd. to a third party in settlement of a claim or dispute on the advice of KickHead Softwares Pvt. Ltd.'s legal advisers) incurred or suffered by KickHead Softwares Pvt. Ltd. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
-
Breaches of these terms and conditions
Without prejudice to KickHead Softwares Pvt. Ltd.'s other rights under these terms and conditions, if you breach these terms and conditions in any way, KickHead Softwares Pvt. Ltd. may take such action as KickHead Softwares Pvt. Ltd. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
-
Variation
KickHead Softwares Pvt. Ltd. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
-
Assignment
KickHead Softwares Pvt. Ltd. may transfer, sub-contract or otherwise deal with KickHead Softwares Pvt. Ltd. 's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
-
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
-
Entire agreement
These terms and conditions, together with KickHead Softwares Pvt. Ltd.'s Privacy Policy constitute the entire agreement between you and kickhead.in in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
-
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Delhi, India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Delhi, India.
Grievance Redressal
Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below in writing via email / post / courier sent to the appropriate address:
hello@kickhead.in