Terms & Conditions
Kundan Distributors Pvt. Ltd. provides the product and/or service (defined below) to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://kundandistributors.com/policy/. In addition, when using particular products/services, you shall be subject to any products/services specific terms and conditions published with the respective products/services.
Description of Product/Service
Our products/services include various software products, web applications, mobile applications and related training and support services, hereinafter referred to as “service”.
Indemnity
You agree to indemnify and hold Kundan Distributors Pvt. Ltd., and our licensors, suppliers, vendors, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit or make available through the Service, your use of the Service, your connection to the Service, your use of any Channels, your violation of the TOS, or your violation of any rights of any other person, or your breach of any applicable law.
No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Disclaimer Of Warranties
You expressly understand and agree that:
a. Your accessing or use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Kundan Distributors Pvt. Ltd. and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that :
The company grants to the User a limited license to display on their computers, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available them on this website, for non-commercial, personal or educational purposes provided that:
- The service will meet your requirements.
- The service will be uninterrupted, timely, secure, or error-free.
- The service will be accessible at any time or at all times via the channel selected or used by you.
- The information, content or advertisements (collectively, the “materials”) contained on, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable.
- The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the service (“the products”) will meet your expectations.
- Any errors in the software will be corrected.
d. Any reliabnce upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the service or materials. The materials are provided or made available by us on an “as is” basis and we expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products.
e. No advice or information, whether oral or written, obtained by you from Kundan Distributors Pvt. Ltd. or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the service shall create any warranty not expressly stated in the TOS.
Limitation Of Liability:
You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from :
a. The service, the materials and the products
b. The use or the inability to use the service
c. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
d. Unauthorized access to or alteration of your transmissions or data
e. Statements or conduct of any third party on the service
f. Any goods or services disposed of or messages sent or received using the service; or
g. Any other matter relating to the service, the materials or the products.
Exclusions And Limitations
You acknowledge that the disclaimers and exclusions of liability mentioned above represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Trademark Information
You agree that all of Kundan Distributors Pvt. Ltd. trademarks, trade names, service marks and other Kundan Distributors Pvt. Ltd. logos and brand features, and product and service names are trademarks and the property of Kundan Distributors Pvt. Ltd. Without Kundan Distributors Pvt. Ltd. prior permission, you agree not to display or use them in any manner.
General Information
Entire Agreement: The TOS constitute the entire agreement between you and Kundan Distributors Pvt. Ltd. and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The TOS do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Governing Law and Jurisdiction: The TOS and the relationship between you and Kundan Distributors Pvt. Ltd. shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and Kundan Distributors Pvt. Ltd. agree to submit to the personal and exclusive jurisdiction of the courts located at Pune, India.
Waiver and Severability of Terms: The failure of Kundan Distributors Pvt. Ltd. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability: You agree that your Kundan Distributors Pvt. Ltd. account is non-transferable and any rights to your User ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Privacy Policy
As part of some of our product and service offerings, we may collect personally identifiable information from the customers and/or third party companies.We may also collect information when users use our products and services using our web, mobile and desktop apps such as IP address and other location specific information.
We use this information mainly to customise our advertising, content and product/service offerings.
We never discolse the personally identifiable information to anyone. We may send such personally identifiable information to external individuals or organisations only when we have your consent to share the information and/or when we are legally required to share such information.
We may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement on our pages.
Cookies
We may set and access cookies on your computer and you may not be able to disable these cookies. We ensure that all information collected and accessed through the cookies will be maintained in accordance with this privacy policy.
Refund & Cancellation Policy
a. In case of product purchases, no refund will be given.
b. In case of service subscriptions, refund will be calculated for the un-expired service period proportionately.
c. We will refund the amount only when/if we have recieved the money.
Refund & Cancellation Policy
Our Products and services are delivered through our website only. Once you purchase or subscribe to products or services, you will gain access to download software products or access our services online.
For all queries, send an email to: info@kundandistributors.com
