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Terms and Conditions

1. General

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of www.kahaniya.com

The domain name www.kahaniya.com (hereinafter referred to as “Website”) is owned by Viven Infomedia Private Limited (hereinafter referred to as the “Company”), a private limited company incorporated under the Indian Companies Act, 1958/2013 having their registered office at Shubhodaya Towers, 4th Floor, Plot No 8, Survey No 103/B, Alakapuri 'X' Roads, Nagole, Hyderabad, TS - 500068.

The use of this website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company.

For the purpose of these Terms of Service, wherever the context so requires “You” or “User” or “Contributor” shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website. The services in certain areas of the Site do not require registration but that does not absolve You of the contractual relationship. The term “We”, “Us”, “Our” shall mean Kahaniya.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.

2. WEBSITE – A VENUE/PLATFORM

Kahaniya is a micro-publishing platform where any writer/author may publish short-stories, poems or serialized fiction in English or any other Indian language (with scope of internationalization) of their choice (hereinafter referred to as “Service”). The Service is intended to provide writing/publishing and similar tools to writers. The content in the Service should not be considered complete nor should it be relied upon.

We do not review or monitor any website linked to the Service and is not responsible for the content of any such linked websites. Kahaniya is providing these links solely as a convenience and inclusion of such links is not meant to imply that we endorse any third party website or any content, products or services available on a third party website. Your linking to such websites is at your own risk.

We reserve the right to constitute different classes of Users of the Service, granting access to certain areas of the Service only to certain Users. The content available through the Service may be displayed, and downloaded for your personal, internal and non-commercial use if such an option is explicitly available in the website or the mobile-app. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any such material without the prior written permission of Kahaniya.

3. REGISTRATION OBLIGATIONS

In order for you to access certain portions of the Service, you are required to register and provide Kahaniya Website a valid email address. In order to provide the Service, We may send you certain communications via email, telephone or any other means of communication provided to us by the user about the Service and you acknowledge and agree that receipt of these communications is consideration for access to portions of the Service which you cannot opt out of. If you do not wish to receive these communications, do not register for the Service.

You also agree to provide true, accurate, current and complete information about yourself and promptly update the Registration Data to ensure it is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

MEMBER CONDUCT

The User undertakes to fulfil the following obligations and failure to satisfy the said obligations would entail the immediate and permanently suspension of the User’s account and/or claim damages for any losses that accrued to us or additional costs that may be imposed on us as a result of the actions of the User.

  • You agree to provide genuine credentials during the process of registration.
  • You agree to ensure the email address provided in your registration form is valid at all times and shall keep your contact information accurate and up-to-date.
  • You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
  • You agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  • You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
  • You agree and undertake that you are accessing the Website and transacting at your sole risk and that you are using your best and prudent judgment before availing any Services listed on the Website, or accessing/using any information displayed thereon.
  • You agree not to use the Services to harm, threaten, or harass another person, organization, or Kahaniya. In addition, you agree not to: damage, disable, overburden, or impair the Services (or any network connected to the Services); resell or redistribute the Services or any part of it; use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Kahaniya) to access or use the Services.
  • You also agree that you will not and will not encourage or assist any third party to modify, alter, tamper with, repair or otherwise create derivative works of any Software;
  • You agree not to reverse engineer, disassemble or decompile the software used to provide or access the Services, including the Software, or attempt to discover or recreate the source code used to provide or access the Services, except and only to the extent that the applicable law expressly permits doing so;
  • You agree not to use the Services in any manner or for any purpose other than as expressly permitted by these Terms of Use, the Privacy Policy, any Documentation or any other policy, instruction or terms applicable to the Services that are available on the Services (“Policies”);
  • You agree not to sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
  • You agree not to remove, obscure or alter any proprietary rights notice pertaining to the Services;
  • You agree not to access or use the Services in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
  • You agree not to use the Services in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Services could lead to death, personal injury, or physical property or environmental damage;
  • You agree not to use the Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) advertise or promote a commercial product or service that is not available through Kahaniya; (iv) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libellous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancel bots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
  • You agree not to interfere with or disrupt servers or networks used by Kahaniya to provide the Services or used by other users’ to access the Services, or violate any third party regulations, policies or procedures of such servers or networks;
  • You agree not to access or attempt to access Kahaniya’s other accounts, computer systems or networks not covered by these Terms of Use, through password mining or any other means;
  • You agree not to cause, in Kahaniya’s sole discretion, inordinate burden on the Services or Kahaniya’s system resources or capacity; or
  • You agree not to share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Services;
  • You agree not to engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • You agree not to 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 mobile phone, systems, devises and software solutions that are extensions of the Website;
  • You agree not to download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
  • You agree not to probe or scan or test the vulnerability of the Website or any network, devices and software solutions to the Website, nor breach the security or authentication measures on the Website or any network, devices and software solutions connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  • You agree not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers, software solutions or networks connected to or accessible through the Website or any affiliated or linked Websites;
  • You agree not to use the Website or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties;
  • You agree not to violate any applicable laws or regulations for the time being in force within or outside your home country;
  • You agree not to violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • You agree not to threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • You agree not to disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us., unless you have an explicit permission from us and operate within the guidelines and limitations set by us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

FOR CONTRIBUTORS OF DOCUMENTS: If you contribute documents, articles or reviews in any form or media (“Documents”), you (“Contributor”) give us the necessary rights to edit and post and maintain your Document (and the edited version), and to prevent unauthorized use by end users of Documents that we edit. Users are given rights to read your Document, but no rights to republish or otherwise distribute your Document. Contributors agree and understand that once the document is shared with us or submitted to us, it means that they give us the full rights to use the same and also the document or details submitted by them mean that they have full rights to do the same, that is they own the rights for doing so while submitting and are not infringing the same. But document once submitted or shared with us means they are giving their full consent or approval for us to use it. If your Document has been previously published, that publisher may have rights, and if so, you must obtain all required consents before posting or submitting the Document on our site. If your Document contains images, audio, or video, we require that you have obtained consents from all persons depicted, seen, or heard, the owners of any places depicted, and any other rights holders. Kahaniya shall not retain any rights in such Documents, or have any responsibility for the contents of such Documents. Kahaniya will not be held liable for any wrong doing by the Users submitting the content.

FOR USERS OF DOCUMENTS: We require that you respect our Contributors. In general, all rights, except the right to read/view/listen to posted Documents for your personal non-commercial use are reserved to the Contributors, or to us. Kahaniya shall not retain any rights in such Documents, or have any responsibility for the contents of such Documents.

You are solely responsible for any and all data, documents, files, text, audio, video, images or other content or materials that you deliver, upload to or make accessible in the Solution (“Content”) and Kahaniya will not review, share or distribute any Content except to the extent necessary to provide and upgrade the Services or as may be required by law. Except for material that we license to you, we don’t claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don’t control, verify, or endorse the Content that you or others make available on the Services.

You hereby grant Kahaniya a non-exclusive license to use, modify, adapt, reproduce, distribute and display your Content, but solely to the extent necessary to provide the Services or as otherwise permitted by these Terms of Use.

You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Services and to grant the rights in this Section, and, (b) the storage, use or transmission of the Content will not violate these Terms of Use or applicable laws.

You agree that you will: (a) promptly address and respond any notices or claims relating to the Content; and (b) maintain appropriate security, protection and backup copies of the Content, which may include your use of additional encryption technology to protect the Content from unauthorized access. Kahaniya will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

You will immediately notify Kahaniya in writing of any unauthorized use of (a) any Content (b) your account, or (c) the Services and you agree to take reasonable steps to terminate such unauthorized use. Upon Kahaniya’s reasonable request, you will cooperate with and provide assistance to Kahaniya in connection with any such unauthorized use. Kahaniya reserves the right to block or otherwise prevent delivery of any Content if, in Kahaniya’s sole discretion, such Content violates these Terms of Use.

The Solution includes certain functionality that allows you to control access to your Content. Please review your account settings prior to using and accessing the Solution and make any modifications that you deem necessary or appropriate to control access to your Content by third parties.

We retain the right to block or otherwise prevent delivery of any Content to or from the Service as part of our efforts to protect the Services, protect our customers, or stop you from breaching these Terms of Use. The technology or other means we use may hinder or disable your use of the Services.

5. COMMENTS POSTED TO THE SITE

Kahaniya has no obligation to monitor its Services or to review or moderate any messages, comments or material submitted or posted to the Site, and any ratings and reviews of Contributors (“Comments”). However, Kahaniya reserves the right and sole discretion to review, delete or modify Comments, to publish, remove or block access to any Comments that are available through the Site, for any reason whatsoever, at any time.

In addition to the foregoing restrictions on the use of the Services, those reading and posting Comments on the Site agree that any Comments posted on the Site are provided solely by the posting individual, and Kahaniya is in no way responsible for the content of any Comments or for the use or non-use of Comments.

Kahaniya reserves the right (but is not obligated) to do any or all of the following:

  • Record or monitor any Comments.
  • Investigate an allegation that any Comments do not comply with the TOS and determine in its sole discretion to remove or request the removal of the Comments.
  • Delete, move or edit Comments that Developer Media determines in its sole discretion violates the TOS or the spirit of Developer Media, including Comments that are abusive, defamatory, and obscene, violate intellectual property rights, or are illegal, disruptive, or otherwise unacceptable for any reason.
  • Terminate a user’s access to any or all of the Services or the Site.

Kahaniya reserves the right to take any action it deems necessary to protect the personal safety of our guests, members or the public and to maintain the integrity of the Developer Media community.

6. PAYMENT TERMS

All the payment on the Website shall be made via Kahaniya Coins. These coins can be used by the Users to view the Contributions of those Contributors who have opted for the option of getting paid. The Kahaniya coins can be procured by various means on the Website. All the payment related obligations and facilities on the Site are undertaken on a third party payment gateway. The Company is not the relevant party responsible or operating the payment transactions.

While making payment using the online third party payment gateway platform/system, you agree and acknowledge that the Company is not responsible or shall not assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to reasons not limited to :

  • Misuse or illegal duplication of the authorization for any transaction/s; and
  • Impersonation by any third party/individual in relation to use of debit/credit card; and
  • Any issues/ error which may arise at the end of your Bank; and
  • Any payment issues arising due to decline of transaction for any other reason/s whatsoever.

All instruments processed by the payment gateway or appropriate payment system infrastructure will also be governed by the terms and conditions agreed with the respective Issuing Bank/institutions in addition to the present terms and conditions.

User acknowledge that Kahaniya shall not be held liable for any damages, interests or claims etc. resulting from not processing the payment transaction or any delay in processing the payment transaction which is beyond the control of the Company.

Supported modes for online payment:

  • Credit Cards issued in India – MasterCard, Visa, American Express
  • Debit Card issued in India – MasterCard, Maestro, Visa
  • Net Banking / Online Transfer
  • e-Wallets - PayTM, MobiKwik, PayUMoney, PayZapp

7. MODE OF PAYMENT

To process any financial transactions on the Portal/website, we use third-party electronic payment processors or service providers (ESPs). As required, you can permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction.

8. TAXES

The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website. There are sometimes laws and taxes that affect Internet e-commerce. The User agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the User’s exercise of Internet e-commerce.

9. SECURITY

Transactions on Kahaniya’s Website/App are secure and protected. Any information entered by the User when transacting on Kahaniya’s Website/App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Website/App in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

10. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or send an email to legal@kahaniya.com.

11. INTELLECTUAL PROPERTY RIGHTS

  • All rights related to the Website design, text, graphics and other content, the selection and arrangements are licensed to the Company. The content of this Website is protected by international copyright laws and other intellectual property rights. All company names and logos mentioned in this Website are the trademarks, service-marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the website or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent, except where expressly invited to do so.
  • You may not, republish any portion of the content on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any content to others, whether or not for payment or other consideration, and you may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content. You may not scrape or otherwise copy our content without permission. You agree not to decompile, reverse engineer or disassemble any software or other Services or processes accessible through the Website, not to insert any code or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
  • You may not use any of our intellectual property in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us in any way.
  • If you believe your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Website, please email us at legal@kahaniya.com

12. TERM AND TERMINATION

Kahaniya may immediately terminate the Service if you fail to abide by the terms of these Terms of Service. In addition, Kahaniya may, but has no duty to, immediately terminate the Service if Kahaniya in its sole discretion concludes that you are engaged in fraudulent or illegal activities, sharing account with unauthorized users, or activities that may damage the rights of Kahaniya or others. Termination of the Service may result in the deactivation or deletion of your Kahaniya account.

Kahaniya may ban repeated offenders of copyright after due warning has been given to such a User. Users who use abusive language or are hate speech mongers and spammers will be banned by Kahaniya without giving any warning and with immediate effect from posting posts on the Website or using any further Services on the Website.

13. DISCLAIMER OF WARRANTIES

You expressly understand and agree that the Service is provided 'as is' and Kahaniya does not warrant the accuracy, completeness, marketability, fitness for a particular purpose, or title to any of the data or function in its Website, any of the data or function linked to its web site, any data or function provided by partners or vendors of this web site, or any service provided herewith; nor does WritersCafe.org assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Kahaniya does not warrant that code, content, files, access, functions or any combination thereof are free of errors or corruptions.

14. RESERVATION OF RIGHTS

The Service and its benefits are offered at the discretion of Kahaniya, and Kahaniya alone has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Kahaniya will not be liable to you or any third-party for any modification or discontinuance of the Service. Kahaniya, in its sole discretion, may add, delete, or change some or all of the features of the Service at any time.

You acknowledge that Kahaniya has the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Kahaniya shall have the right to edit, refuse to post or remove any Content that violates these Terms of Service or is otherwise objectionable.

Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US 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 OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL KAHANIYA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16. DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two step Alternate Dispute Resolution mechanism.

  • Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole mediator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
  • Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be conducted in Hyderabad, Andhra Pradesh. The mode of appointment of the arbitrators is as provided above.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts of Hyderabad, Andhra Pradesh, India.

MISCELLANEOUS PROVISIONS:

  • Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
  • Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
  • Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

10. CONTACT US

If you have any questions about this Agreement, the practices of Kahaniya, or your experience with the Service, you can e-mail us at legal@kahaniya.com.

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