Introduction

www.kyabae.com (“Kyabae”) is a website (“website”) owned and operated by Namita Shah, Bhaven Shah and Aman Sanghavi (the “website owner”). The website owner, including partners, subsidiaries and affiliates (or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website to users (“user”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these Terms of Use, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the “User Agreement”). This User Agreement is made between you and us.

Disclaimer

The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website does not provide legal, professional or any other advice and information provided or use of any material provided by the website is not a substitute for legal advice. Only a legal practitioner can provide legal advice. A legal practitioner should be consulted for any legal advice or matter. No Attorney-Client relationship is created by receiving services or use of materials provided by Kyabae.

Registration of User

Users may need to register themselves on the website in order to use some of the services or features made available on this website. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, do notify us via e-mail at [email protected] We may change registration requirements from time to time.

User Account, Password and Security

Once you complete the registration process, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kyabae of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kyabae cannot and will not be liable for any loss or damage arising from your failure to comply with this section. For viewing the public content on the website, you might not require login details, id or password, in those cases you would still be bound by these terms and conditions. You will be liable to indemnify us against any unauthorised use of your username and password, howsoever caused. We reserve the right to delete, disable and / or restrict your account.

Collection of User Information

When registering on our site, you may be asked to enter your name, e-mail address, location. We may also collect information about your computer, your IP address and your use of this website. Any of such information which we collect from you may be used to improve our website or to administer a contest, promotion, survey or other site feature. We will take all reasonable and necessary care to maintain the safety of your personal information when you enter, submit, or access our website.

Use of User Information

We shall not sell, market, trade, or transfer to outside parties your personally identifiable information. We may release your information when the release is required to comply with the law, enforce our policies, protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Eligibility to use the service

The services of the website are available only to persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. This website does not cater to the individuals less than 18 years of age, by using this website you represent that you are 18 years or older. In the case of a minor (under 18 years of age), a parent or guardian must accept this Agreement and guide all consultations under the services offered.

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Website. You consent that the terms and contents of such Privacy Policy are acceptable to you.

Limited Use

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the website. Limited reproduction and copying of the content of the website is permitted provided that Kyabae name is stated as the source and prior written permission of Kyabae is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.

User Conduct and Rules

  1. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
  2. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.
  3. We take all care in ensuring that all information we provide in the website is accurate but we are not responsible for any loss suffered by you as a consequence of any that action you take or omit to take on the basis of any of the information we provide.
  4. We are not be liable for any loss suffered by you through the use of the website howsoever caused, including loss caused through but not limited to our negligence, breach of contract, copyright infringement, breach of other intellectual property rights or defamation.
  5. We are not liable for content published on the website by users of the website. If any such content appears to be inappropriate to us, we reserve the right to take down such content.
  6. You must refrain from using the website in any way that causes damage to the website or in any unlawful, harmful or fraudulent manner. Any such use of this website may give rise to a claim for damages and / or be a criminal offence.
  7. You must respect the use of the website by other users and not interfere with their legitimate use of the website.
  8. You hereby agree not to post material including spamming which is deliberately intended to upset other users.  
  9. You agree and undertake to use the website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using the website, you will not:
    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
    1. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
    1. 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 computer;
    1. Download any file posted by another user of the website that you know, or reasonably should know, cannot be legally distributed in such manner;
    1. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    1. Violate any code of conduct or other rules and guidelines, which may be applicable for or to any particular service;
    1. Violate any applicable laws or regulations for the time being in force in or outside India; and
    1. Violate any of the terms and conditions of this User Agreement or any other terms and conditions for the use of the website contained elsewhere herein.

Limitation of Liability

The user agrees that the Kyabae shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the website. Kyabae does not subscribe to the views of authors and does not in any way confirm or deny the opinion expressed therein, and shall not be treated as the opinion of Kyabae. Although we will do our best to provide constant, uninterrupted access to the website, we do not guarantee this nor do we accept any responsibility or liability for any interruption or delay. The user agrees that the Kyabae shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent, intentional or inadvertent.

Intellectual Property Rights

  1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the website owner owns all intellectual property rights to and into the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to Kyabae without obtaining prior authorization from Kyabae.
  2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using the website, including any text, data, information, images, photographs, or any other material which you may upload, transmit or store when making use of our various services.

Copyrighted Material for Limited Use

This website contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This website and all Content are the copyrighted property of the website owner or the copyrighted property of parties from whom the website owner has licensed such property. All rights in this website and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Kyabae reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Links to Third Party Sites

Third party content may appear on Kyabae or may be accessible via links from Kyabae. Kyabae is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third-party content appearing on Kyabae. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief of Kyabae.

Notices

You agree that Kyabae, may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care.

Breach of Terms

Kyabae reserves the right to investigate complaints or reported violations of the User Agreement and to take any action the Kyabae deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. That Kyabae reserves its right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this website and their features.

Confidentiality

Kyabae makes every effort to maintain the confidentiality of any information submitted by users to our system and not disclosed to any third party except to the extent required for fulfilment of services. We take precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access.

Entire Agreement

This agreement constitutes the entire and whole agreement between you and us, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Kyabae and its users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this website.

Right to change the Terms of Use

Kyabae reserves the right to bring about changes, modifications, additions / removal in this User Agreement, at its sole discretion without any prior notification. You acknowledge and agree to periodically review this document to keep yourself aware of any modifications in the User Agreement. Your continued use of the website, post changes, means that you agree to the revised terms and conditions.

Termination of Access

These Terms of Use are effective until terminated. You agree that Kyabae may terminate your access to the website at any time for any reason without prior notice or liability. Kyabae may change, suspend, modify or discontinue all or any aspect of the website at any time, including the availability of any feature, without prior notice or liability. If you wish to terminate your access to the website, you may simply discontinue using the website.

Disputes

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall first be submitted for resolution through an alternative dispute resolution mechanism including, but not limited to, online dispute resolution, negotiation, mediation, conciliation, settlement, etc. or any combination thereof. The participation in the aforesaid resolution process is a condition precedent to pursuing any other available remedy in relation to the claim, dispute, demand or any other question.

Severability

If at any time any provision of this Agreement is or becomes, or is adjudicated by any Court of competent jurisdiction or public authority to be illegal, invalid or unenforceable in any respect under the law of any jurisdiction, this shall not affect or impair the legality, validity or enforceability of any other provision of this User Agreement.

Governing Law

You hereby agree that the statutes and laws of Mumbai, India regardless of conflicts with other laws and conventions will apply to all matters relating to the use of this website. You acknowledge that any action to enforce this User Agreement shall be brought in the courts located in Mumbai, India. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Contact Information

If you wish to contact us for any reason regarding our Terms of Use, kindly e-mail it to us at the following address: [email protected]

We assure you that we are continuously working to improve our website and we welcome any suggestions from your end.