”) apply to a users’ (“ User/Your
”) access to, and use of, the website (the “ Website
”) and the mobile application (the “ Application
”). The Website and Application are operated by AKUMS, and its subsidiaries, licensees, and affiliated companies (collectively, “AKUMS
As a condition of using the Website and/or Application and the services provided therein (“Services
These Terms apply to any person who accesses or uses the Web Site or the Application or uses Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site or Application, under actual or apparent authority. User(s) may use this Web Site and/or Application or Services solely for their commercial/business purposes.
These terms apply to all services offered on the Web Site or Application, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site or application. In the event of any conflict or inconsistency between any provision of these terms and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement
- USER ACCOUNT
- In order to use the Website and/or Application, you are required to provide various information about yourself including your name, email address and other personal information. You agree that any information you provide to AKUMS on the Website and/or Application will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
- OWNERSHIP OF THE WEBSITE/APPLICATION
- The Website and Application contains content owned or licensed by AKUMS (“AKUMS Content”). AKUMS owns and retains all rights in the AKUMS mark or other proprietary rights notices incorporated in or accompanying the AKUMS Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the AKUMS Content.
- The AKUMS name and logo are trademarks of AKUMS, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AKUMS, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of AKUMS, and may not be copied, imitated or used, in whole or in part, without prior written permission from AKUMS.
- USE OF THE WEBSITE/APPLICATION AND CONDUCT
- Use of the Website and/or Application
- You may use the Website and/or Application for lawful purposes only. You shall not post or transmit through the Website and/or Application any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
- You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website and/or Application in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website and/or Application; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Website and/or Application; (vi) collecting or harvesting any personally identifiable information, including account names, from the Website and/or Application; (vii) using the Website and/or Application for any commercial purposes without having all necessary rights and licenses to the User Content; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Website and/or Application; (x) accessing any content on the Website and/or Application through any technology or means other than those capabilities provided by the Website and/or Application; or (xi) bypassing the measures we may use to prevent or restrict access to the Website and/or Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website and/or Application or the content therein.
- User Content Guidelines:
- You are solely responsible for your conduct and any data, text, information, images, links and other content or materials that you submit, post or display on or via the Website and/or Application (“User Content”). AKUMS shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by all applicable laws of India.
- AKUMS has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website and/or Application. AKUMS takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website and/or Application. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you shall bear legal responsibility for that content.
- You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. AKUMS reserves the right, but is not obligated, to reject and/or remove any User Content that AKUMS believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and your use thereof as contemplated by these Terms and the Website and/or Application will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
- To the extent that you use the Website and/or Application for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website and/or Application.
- AKUMS may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- AKUMS takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website and/or Application, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it to AKUMS. If your Content violates these Terms, you shall bear legal responsibility for that content.
- You agree that AKUMS is not responsible for, and does not endorse, User Content posted within the Website and/or Application. AKUMS does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
- AKUMS reserves the right to remove any User Content from the Website and/or Application for any reason, without prior notice. User Content removed from the Website and/or Application may continue to be stored by AKUMS, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. AKUMS will not be liable to you for any modification, suspension, or discontinuation of the Website and/or Application, or the loss of any User Content.
- RIGHTS TO USER CONTENT
- If you share your User Content with AKUMS or link your User Content to AKUMS on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to AKUMS a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and/or Application and AKUMS’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website and/or Application (and derivative works thereof) in any media formats and through any media channels.
- NON-CONFIDENTIAL INFORMATION:
- PRIVACY AND SECURITY
- You understand that AKUMS cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- DISCLAIMERS, EXCEPTIONS AND LIMITATIONS
- You acknowledge and agree that the Website and/or Application is merely a platform that) a User to browse available products and offering and that the images on the website/application are merely indicative, and the actuals may vary.
- The pricing information and other information provided on the Website and/or Application is solely informational in nature, and AKUMS does not make any warranty or guarantee with respect to the same.
- You acknowledge that you read and act upon this information at your own risk and shall make additional efforts to verify the authenticity of such information.
- We may, without prior notice, change the Website and/or Application, stop providing the Website and/or Application or features of the Website and/or Application, to you or to Users generally, or create usage limits for the Website and/or Application. We may permanently or temporarily terminate or suspend your access to the Website and/or Application, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms,or for no reason. Upon termination of your account,you continue to be bound by these Terms.
- You acknowledge that there will be occasions when the Website and/or Application may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- Your sole and exclusive right and remedy in case of dis satisfaction with the website and/or the application, the services, or any other grievance shall be your termination and discontinuation of access to, or use of the website and/or the application.
- The website and/or application are provided on an “as is” basis, and use of the website and/or application is at the user’s risk. To the maximum extent permitted by applicable law, the website and/or application are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from akums or through the website and/or application will create any warranty not expressly stated herein. Without limiting the foregoing, akums, its subsidiaries, its affiliates, and its licensor’s do not warrant that; that the website and/or application will meet your requirements; that the website and/or application will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website and/or application is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website and/or application is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website and/or application. Akums does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website and/or the application, or any hyper linked website or service, and akums will not be a party to orin any way monitor any transaction between you and third-party providers of products or services.
- AKUMS may terminate these Terms for any reason at any time. AKUMS reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website and/or Application, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
- You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website and/or Application. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
- LIMITATION OF LIABILITY
- In no event will akums or its affiliates or any party involved in creating, producing, or delivering the website be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the website and/or the application, or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if akums has been advised of the possibility of such damage.
- GOVERNING LAW
- This Agreement shall be governed by the laws of India, and the courts of Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.
- NOTICE REGARDING COPYRIGHT OWNERSHIP:
All Services provided on the Site and any services or Content provided on any related site owned, operated, licensed or controlled by the Company or any of its units or affiliated entities (collectively, “Group”), are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by the Company or others in the Group or their licensors. Except for Available Content or Content that you own, no Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of the Company or its designee. Modification or use of the Available Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with the Company or others in the Group
- MISCELLANEOUS PROVISIONS
- Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions here instated.
- Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
- Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
- No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any non compliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
- Notices: Any notice required or permitted to be given to AKUMS hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified AKUMS. All notice required to be given under these Terms shall be addressed to: firstname.lastname@example.org
AKUMS may change the Terms or modify any features of the Website and/or Application at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions”. If you continue to use the Website and/or Application after changes are posted, you will be deemed to have accepted the change.