Terms & Conditions
TERMS & CONDITIONS
This user agreement is an agreement between you and KINTUDESIGNS.COM ("Kintu Designs Pvt.Ltd." or "Kintu Designs" or "Kintu" or "we" or "us" as the context requires) governing your use of Kintu's products, software, services with the characteristics and features as described on https://kintudesigns.com. Kintu Designs may have subsidiaries and affiliated legal entities around the world, providing the Services to you on behalf of Kintu Designs. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.
Kintu Designs has created this Website/any of its Application to provide Users the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) we provide on our Website/any of its Application by notifying the same on our Website/any of its Application from time to time, without prior notice to you. We will not be liable if for any reason our Website/any of its Application or the Services (or any features within the Services) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website/any of its Application, or our entire Website/any of its Application, to Users who have registered with us.
Kintu Designs grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
Both fitness professionals and clients can use the Website/any of its Application. In order to access the Services, you will need to register on the Website/any of its Application. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. However fitness professionals need an account on https://kintudesigns.com to enable clients access to the Application. Clients can only use the Application if they are working with a trainer that uses Kintu Designs.
You must provide your full legal name, valid email address and any other information requested from you in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for record keeping purposes, internal procedures or for any other purposes and by using this Website/any of its Application you expressly consent to such sharing of the information.
Upon completing the registration process you will be provided with, a user identification code, password or any other piece of information, as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Kintu Designs of any unauthorized use of your password, by sending details of such unauthorized use to: [firstname.lastname@example.org].
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them. You are also solely responsible and liable to Kintu Designs for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to you for any damages arising from your inability to log into your account.
Kintu Designs reserves the right to refuse access to use the Services offered at the Website/any of its Application to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
Use of the account is not available to any user who is suspended or prohibited by Kintu Designs from using the Website/any of its Application or Services for any reason whatsoever.
2. MEMBERSHIP / REGISTRATION FOR THE SERVICE
Once you complete registration on the Website/any of its Application you will be a member which:
Allows you to access and post content on the Website/any of its Application;
Allows you to make use of the Services on the Website/any of its Application subject to these terms and conditions;
Does not allow you to use email addresses displayed on the Website/any of its Application for any purpose other than that specifically authorized by us.
By providing Kintu Designs your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the by sending us an email at: [email@example.com] Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
3. GRANT OF LICENSE
Subject to these terms and conditions of use, Kintu Designs grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.
4. PRIVACY AND YOUR PERSONAL INFORMATION
5. UPLOADING MATERIAL TO THE SERVICE
Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website/any of its Application, or to make contact with other users of our Website/any of its Application, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.
6. RESCTRICTIONS ON CONTENT
Your contribution must not:
Be defamatory of any person;
Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libellous, lewd, blasphemous, lascivious, invasive of another’s privacy , racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology on data privacy or other applicable laws containing offences relating to content that is publicly accessible;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
Is harmful to minors;
Infringe any intellectual property including copyright, database right or trade mark of any other person;
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Be likely to harass, upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person;
Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
Be such that it is known by you to be false, inaccurate or misleading;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Be content for which you were compensated or granted any consideration by any third party;
Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.
7. RESTRICTION ON USE OF SERVICES
You are not permitted to and shall not do any of the following acts the breach of which shall entitle Kintu Designs to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Service;
Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the Application;
Attempt to copy any software provided to you as part of the Services or the Website or the Application and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
Use any of Kintu Designs’s domain name as a pseudonymous return email address;
Access or use the Website/any of its Application in any manner that could damage, disable, overburden, or impair any of the Website/any of its Application’s servers or the networks connected to any of the servers on which the Website/any of its Application is hosted;
Access or attempt to access any content that you are not authorized to access by any means;
Access the Website/any of its Application through any other means other than through the interface that is provided by us;
Alter or modify any part of the Service; and
Disrupt or interfere with the security of, or otherwise cause harm to the Website/any of its Application, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/any of its Application or any affiliated linked sites.
8. RIGHTS RESERVED TO KINTUDESIGNS.COM
We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/any of its Application constitutes a violation of their intellectual property rights, or of their right to privacy.
We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Services.
We have the right to remove any material or posting you make on our Website/any of its Application if, in our opinion, such material does not comply with the content standards set out above.
We have the right to investigate and prosecute violations of any violation of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms and conditions.
While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/any of its Application and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, Kintu Designs may (but shall be under no obligation to) provide tools to filter out explicit sexual content.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these terms and conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Kintu Designs, its users and the public. Kintu Designs will not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions.
We reserve the right to introduce or change the prices of all Services upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Service itself.
Kintu Designs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
9. BREACH OF CONTENT STANDARDS
Immediate, temporary or permanent withdrawal of your right to use the Services;
Immediate, temporary or permanent removal of any contribution already posted on the Website/any of its Application using the Services, upon your failure to cure the breach that is brought to your notice.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
Upon such termination/suspension of your account, you will no longer be able to access your account, content or data you have stored on the servers. All licenses granted to you by Kintu Designs to the Website/any of its Application or the Services will automatically terminate.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which Kintu Designs may suffer). Kintu Designs exercises no control over the content posted on the Website/any of its Application using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.
A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you.
You acknowledge and agree that Kintu Designs is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
You shall be responsible for monitoring your content, documents and other data an shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Kintu Designs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree that your use of the Website/any of its Application and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/any of its Application and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Kintu Designs shall use all reasonable endeavours to ensure that the Services are uninterrupted but it does not guarantee or warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. , and (v) any errors in the Service will be corrected.
The content of the Web Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/any of its Application. Reliance on any such content is solely at your own risk.
12. CONTENT LICENSE FROM YOU
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Kintu Designs 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 Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
You understand that Kintu Designs, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Kintu Designs to take these actions.
You are solely responsible for your contributions to any online forum Kintu Designs may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to Kintu Designs, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to Kintu Designs a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
You confirm and warrant to Kintu Designs that you have all the rights, power and authority necessary to grant the above license.
13. BILLING AND PAYMENT
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Kintu Designs may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
It is your responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Kintu Designs does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify Kintu Designs about any billing problems or discrepancies within 30 days after charges first appear on their Account statement. If it is not brought to Kintu Designs’s attention within 30 days, Customer agrees to waive their right to dispute such problems or discrepancies.
14. INDEMNITY AND LIMITATION OF LIABILITY
1. You agree to defend, indemnify and hold harmless Kintu Designs, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and Website/any of its Application; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website/any of its Application.
2. The material displayed on our Website or Application is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website/any of its Application or in connection with the use, inability to use, or results of the use of the Services or our Website/any of its Application, any websites linked to it and any materials posted on it, including, without limitation any liability for:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data;
Loss of goodwill;
Wasted management or office time;
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website/any of its Application to use the Services.
You must not misuse our Website/any of its Application by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website/any of its Application, the server on which our Website/any of its Application is stored or any server, computer or database connected to our site. You must not attack our Website/any of its Application via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/any of its Application will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/any of its Application or to your downloading of any material posted on it, or on any Website/any of its Application linked to it.
16. LINKING - TO THE WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our Website/any of its Application must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Website/any of its Application from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
These linked sites are under no way in control of Kintu Designs and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website/any of its Application provides links to you only as a convenience and the inclusion of any link does not imply endorsement by the us or any association with its operators or owners. You are requested to verify the accuracy of the of all information on your own before relying on such information.
If you wish to make any use of material on our Website/any of its Application other than that set out above, please address your request to: [firstname.lastname@example.org]
17. ADDITIONAL TERMS FOR WIDGET, API AND MOBILE APPLICATION
You are granted a limited, non-sub licensable right to access the Widget, API, Mobile Application, Desktop Application, the Services and Data for the purpose of enabling you or other users to access the Website or the Application and/or the Services via 3rd party software or website. Any use of the Widget, API, Mobile Application, Desktop Application, including use of the API through a third-party software or website that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
You agree that you are solely responsible for (and that We have no responsibility to You or to any third party for) any services and/or products You provide through any 3rd party software.
You expressly understand and agree that We 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 have been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the Widget, API, Mobile Application and Desktop Application,
You will not use the API to create software that sends unsolicited communications (whether commercial or otherwise) to any third party.
We reserve the right at any time to modify or discontinue, temporarily or permanently the API (or any part thereof), Widget, Desktop Application and Mobile by providing a notice of 48 (forty eight) hours with or without notice.
Abuse or excessively frequent requests to the Services via the Widget, API, Desktop Application and Mobile Application may result in the temporary or permanent suspension of your account’s access. We, in our sole discretion, will determine abuse or excessive usage.
We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof), Widget, and Mobile by providing a notice of 48 (forty eight) hours.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Kintu Designs does not warrant that the Mobile Software will be compatible with your mobile device. Kintu Designs hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Member account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Kintu Designs may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Kintu Designs or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Kintu Designs reserves all rights not expressly granted under this Agreement.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
19. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS / SERVICE MARKS
Kintu Designs, KINTUDESIGNS.COM, Kintu Designs and KINTUDESIGNS.COM including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information, trademarks are owned and controlled by KINTUDESIGNS.COM and must not be used by you unless specifically licensed to do so, under the terms of a written license agreement between you and us.
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of KINTUDESIGNS.COM and its licensors. Any use of this Website/any of its Application or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of KINTUDESIGNS.COM.
By accepting the use of terms hereunder you agree that the Kintu Designs does not transfer/assign the title to the software to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Kintu Designs, we retain the full and complete right, title and interest to the software, and all intellectual property, title and interest to the software, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the software in any manner which is contrary to this Agreement.
Any usage of Kintu Designs’s contents, without the written authorization of Kintu Designs, shall be considered a breach of this Agreement, and you shall be required indemnify Kintu Designs for all liability incurred in this regard.
20. GOVERNING LAW
The jurisdictional court Surat shall have sole jurisdiction over any claim arising from, or related to, a visit to/use of the Website/any of its Application or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.
Kintu Designs accepts no liability whatsoever, direct or indirect for non compliance with the laws of any country other than that of India, the mere fact that Website/any of its Application can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
21. RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME
Please find below the proposed wording, for your confirmation:
END USER LICENCE AGREEMENT
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND KINTUDESIGNS.COM ("COMPANY"). BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE KINTUDESIGNS'S ANY APPLICATION (THE “APPLICATION”) ON YOUR CELLULAR MOBILE PHONE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS ON THE CELLULAR MOBILE PHONE / START-UP APPLICATION, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.
YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE TO IT AND CONTINUE WITH THE INSTALLATION.
1.1 Subject to the terms and conditions of this EULA, Company hereby grants you a limited, non-commercial, non-sub-licensable, non-exclusive, non-transferable right to install and use the Application on one portable wireless device. You may not make the Application available over a network where it could be used on multiple devices at the same time.
1.2 The term “Application” includes any patches, revisions, updates, upgrades, software, code, files, images and other embedded software or replacements of the Application (the “Revisions”) that may be delivered to you or that you may receive or that may be released by Company, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, you will have to agree to those terms and conditions before you are entitled to receive the Revisions. You also agree that upon the installation of any Revisions, you are only permitted to use the Application as modified by the Revisions. You shall not either directly or indirectly, or through any third party, modify, adapt, translate, redistribute, rent, lend, network, lease, loan, issue, resell, for profit, or create derivate works based on the Application and any portion thereof.
1.3 You acknowledge that by installing the Application on your cellular mobile phone, the Application may aggregate, collect, retain or transmit to secure servers personal information such as, but not limited to, contact information, the serial number and IMEI number of your wireless device or cellular mobile phone. You hereby consent to the Application collecting and storing such information on Company' servers.
2. RESTRICTIONS ON USE
The following restrictions shall apply to your use of the Application and the license granted herein:
1. You hereby acknowledge and agree to use the Application as permitted in this Agreement;
2. You shall not copy or reproduce any portion of the Application;
3. You shall only use the Application for your own personal, non-commercial use;
4. You shall not distribute, share, transfer, sell, lease or rent the Application or any part of it to any other person;
5. You shall not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the Application or any part of it;
6. You shall not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, or hateful.
7. You will not collect or store personal about other users.
8. You shall not decompile, reverse engineer or disassemble the Application or any part of it either in whole or any portion of any component, thereof and in anyway create, develop or derive, including without limitation to any operational, technical, programming technique/sequence, feature, interface, algorithm, video, audio, imagining, graphics, applets, texts, animations, routine or conditions from the application; and
9. You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this EULA.
3. DATA CHARGES
You acknowledge that applicable network/data charges may be incurred through your use of the Application and you agree that you are responsible for any and all such charges that may be charged to you and that Company shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the Application are dependent on your agreement with your service provider and that Company has absolutely no liability to you in respect of such charges. You agree that use of the Application whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. Company has no liability to you in respect of such charges.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All rights in, title to, and other intellectual property including but not limited to any images, photographs, video, audio, animations, texts incorporated in the Application, and copyright rights in, the Application and/or any related documents of the Application are and shall remain owned and/or controlled solely and exclusively by Company. It is clarified that the Application is licensed to you, and is not sold to you or purchased by you. You shall not reproduce or distribute any written materials or protected materials/media accompanying the Application except to be used as provided herein.
4.2 The Application may features trademarks, logos, service marks, product names and designations, by making these trademarks available through the Application and in content, the Company is not selling you the Application to use it in any manner, and you are not granted any rights under any of Company’s intellectual property rights.
4.3 This EULA does not grant you any rights to trademarks, copyrights or patents of the Licensor.
4.4 Any unauthorized copying, displaying, selling or distributing or other use of any content or Application is a violation of the law.
5.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE APPLICATION AT YOUR OWN RISK. THE APPLICATION AND ALL DATA AND CONTENT PROVIDED THROUGH THE APPLICATION IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. THE LICENSOR AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE APPLICATION AND CONTENT. THE LICENSOR CANNOT AND DOES NOT WARRANT THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE APPLICATION WILL NOT INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE OR PROGRAMS INSTALLED ON YOUR CELLULAR MOBILE DEVICE AND WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE APPLICATION OR OTHERWISE. SHOULD THE APPLICATION PROVE TO BE DEFECTIVE, YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS. SHOULD THE APPLICATION CAUSE YOUR CELLULAR MOBILE DEVICE TO MALFUNCTION OR STOP FUNCTIONING, YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE AND LIABLE FOR THE ENTIRE COST OF RECTIFYING THE DEVICE. COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY TO YOU IN THIS REGARD.
5.2 THE APPLICATION MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTEVENTION, OMISSION, DELETION, DEFECT.
5.3 COMPANY IS UNDER NO LIABILITY OR RESPONSIBILITY OR OBLIGATION TO PROVIDE YOU WITH TECHNICAL SUPPORT FOR THE APPLICATION AND PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.
5.4 COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES IS NETWORK DEPENDANT AND COMPANY IS NOT RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS.
5.5 THE APPLICATION USES THE READ ONLY MEMORY (ROM) OF YOUR CELLULAR MOBILE PHONE TO FUNCTION EFFICIENTLY AND EFFECTIVELY. YOU AGREE AND ACKNOWLEDGE THAT THE APPLICATION MIGHT AUTOMATICALLY HIBERNATE OR GO INTO STAND BY MODE IS THE ROM ON YOUR CELLULAR MOBILE PHONE IS INSUFFICIENT TO RUN THE OEM APPLICATIONS AND FUNCTIONS. COMPANY IS NOT RESPONSIBLE FOR THE APPLICATION HIBERNATING AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE OPTIMIZED.
5.6 IT IS POSSIBLE THAT THE APPLICATION MAY GET LOCKED OR STOP WORKING IF THE DATA ON YOUR CELLULAR MOBILE PHONE CAUSES YOUR PHONE TO CRASH OR REQUIRES THE OPERATING SOFTWARE TO BE REINSTALLED. COMPANY IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH AN OCCURRENCE.
6. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE YOUR MISUSE OF THE SOFTWARE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE APPLICATION (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APPLICATION OR THE CELLULAR MOBILE DEVICE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF COMPANY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO LICENSE THE APPLICATION.
You shall defend and hold Company harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your improper or unauthorized use of the Application, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA.
8. EVALUATION TERM & TERMINATION
8.1 Any license not purchased for the full license fee and any trial version, are provided for a limited duration or for a limited number of calls and for the limited purpose expressly communicated to you in connection with the Application. At the end of the evaluation/trial period, you will cease use of the Application, remove the Application from your cellular mobile device and destroy all copies of the Application. Failure to remove the Application shall be a breach of this EULA.
8.2 You agree that the Application may automatically disable itself at the end of the evaluation/trial period and consent to such disabling feature. You also agree that Company may send you reminders to purchase a permanent license key, whether during or after the evaluation/trial version.
8.3 You agree that any evaluation/trial version is not full-featured and the use of certain features of the Application may be disabled or limited in any manner deemed appropriate. You may activate all features of the Application by purchasing a license key as communicated to you.
8.4 Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA or for any other reason upon delivery of notice. In such event, you must cease use of the Application and destroy all copies of the Application and all of its component parts and associated documents. You agree that Company may remotely disable the Application in the event of termination under this section.
9. ENTIRE AGREEMENT
9.1 This EULA constitutes the entire agreement between you and Company relating to the Application and supersedes all prior or contemporaneous oral or written communications including but not limited to any terms and conditions of purchase, proposals and representations with respect to the Application or any other subject matter covered by this EULA. The headings in this agreement are for convenience and reference only and do not effect the interpretation of this EULA.
10. SEVERABILITY CLAUSE
If any provision of this EULA is held to be void, invalid, unenforceable or illegal, by a court of competent jurisdiction then other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).
11. GOVERNING LAW
The laws of the republic of India govern this EULA. All disputes are subject to the jurisdiction of the courts in Surat and you submit to such jurisdiction.
12. REFUND POLICY
You may cancel your Member Account any time you wish. In the event that you cancel your Member Account or the same is suspended or terminated by Kintu Designs, we will not refund any license or subscription fees for the subscription period that is unused. It is totally non-refundable.