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Disclaimer & Legal Rights ONLINE CONTRACT The following is the terms of the agreement between "Kanishka Infocom Private Limited" (“Company”) and the user (“User”) of goods or services through the Company’s Website (the “Site”). If you do not agree to these terms, you will not be able to use this site, so please review these terms carefully: 1. INTRODUCTION User agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and User, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. User agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract. 2. SETUP AND PAYMENT User represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the User will be honored by the User's credit card company and (iii) User shall pay charges incurred by User at the amounts in effect at the time incurred, including all applicable taxes. User shall be responsible for all charges incurred through use of User's password. User agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect User from unauthorized use of User's password. 3. COPYRIGHT The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a User of any such content or any part of the Site is prohibited. 4. EDITING, DELETING, AND MODIFICATION Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date. 5. RIGHT TO REFUSE Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability. 6. INDEMNIFICATION User agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a User's violation of this Contract or use of the Site. 7. NON-TRANSFERABLE User's right to use the Service is not transferable and is subject to any limits established by Company or by User's credit card company. 8. DISCLAIMER THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND User'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND User. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY. 9. REFUND POLICY 10. USE OF INFORMATION Company reserves the right, and User authorizes Company, to the use and assignment of all information regarding User’s use of the Site and all information provided by User, subject to applicable law. 11. GOVERNING LAW This Contract shall be treated as though it were executed and performed in India and shall be governed by and construed in accordance with the laws of India (without regard to conflict of law principles). Any cause of action of User with respect to the Site must be instituted within 2 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. 12. LITIGATION All legal proceedings arising out of or in connection with this Contract shall be brought solely in India and User expressly submits to the jurisdiction of said courts and User consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. 13. ACKNOWLEDGMENT This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. No Warranties All web sites, products and services are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchant ability and fitness for a particular purpose. Our company does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the web sties, products, services or written materials in the terms of correctness, accuracy, reliability, currentess or otherwise. The entire risk as to the results and performance of the web sites, is assumed by the user. All Products and services offered on this site are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your Accountant, Lawyer or Professional Advisor before acting on this or any information. Users of our products and services, affiliated products and services and websites are advised to do their own due diligence when it comes to making business decisions. Every effort has been made to accurately represent products and it's potential. The testimonials and examples used are exceptional results, don't apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money. Where specific income figures are used, and attributed to a specific individual, those are possible, theoretical earnings only not real earnings of that person. There is no assurance that you'll do as well. If you rely upon these figures, you agree to accept the risk that you may not do as well. And any all claims or representations, as to income earnings on this web site are not to be considered as average earnings. You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services. Earnings and Income Disclaimers EVERY EFFORT HAS BEEN MADE TO ACCURATELY
REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE
OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE
IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS
IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS
A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT
ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT
THIS AS A “GET RICH SCHEME.” |