TERMS OF USE FOR KARYA
1. SCOPE
Dividant Business Solutions Pvt Ltd has created, owns, and operates multiple websites, (each individually referred to hereunder as an “KARYA Website”. The KARYA Website allows you ("You" or "Your") and other software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users") to engage in a variety of activities, such as find information, purchase and/or research, accountability of resources and related software and services, obtain support for KARYA software and services, and share information with KARYA and third parties. The Website also include information created and published by KARYA and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the KARYA Materials and User Content are referred to as “Content”).2. ACCEPTANCE OF TERMS
Your access and use of the KARYA Website is subject to and governed by these Terms of Use, also referred to as “TOU”, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access to any particular Website, Materials, or User Content. If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and KARYA. By clicking an “I Accept” button as part of a registration process, or otherwise demonstrating your consent to this TOU through a process established by KARYA, you accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, you should not click the “I Accept” button (or equivalent) or attempt to access or use KARYA Website, KARYA Materials, or User Content. KARYA may modify the TOU to reflect changes in KARYA’ s business, applicable law, or for other reasons deemed necessary by KARYA. If the terms of the TOU change, KARYA will provide notice, which may include, but is not limited to notice provided through the Website or an KARYA user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If you do not agree to changes made to the TOU, you must discontinue your use of the affected KARYA Website, KARYA Materials, or User Content.3. PERMISSIBLE USE OF KARYA WEBSITE AND CONTENT
The KARYA Website, the Login Portal, the KARYA Materials, and the User Content are for your commercial use. You should not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the KARYA Website, KARYA Materials, or User Content. You should not modify or alter in any way KARYA Materials and User Content, including any copyright notices. You should not use the KARYA Website in any manner that could damage, disable, overburden, or impair any KARYA server, or the network(s) connected to any KARYA server, or interfere with any other party's use and enjoyment of any KARYA Website. You should not attempt to gain unauthorized access to any KARYA Website, other accounts, computer systems or networks connected to any KARYA server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the KARYA Website. You agree not to use an KARYA Website to: publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property; defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity. impersonate any person or entity, including, but not limited to, an KARYA official, KARYA employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity. forge email headers or otherwise manipulate identifiers to disguise the origin of any User Content transmitted through the KARYA Website. download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner. interfere with or disrupt the servers, or networks which support the KARYA Website, or disobey any requirements, procedures, policies or regulations of networks connected to the KARYA Website. violate any applicable local, state, national or international law and any regulations. harvest, collect, or store personal information or data of other users.4. TERMINATION OF USE
KARYA may, in its sole discretion, at any time discontinue providing or limit access to the KARYA Website, any areas of the KARYA Website, or any KARYA Materials or User Content provided on or through the KARYA Website. You agree that KARYA may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the KARYA Website or any KARYA Materials or User Content. In the event You are in material breach of the TOU, KARYA may, at its sole discretion, suspend or terminate Your account, and refuse You any current or future use of an KARYA Website without notice. KARYA shall not be liable to You or any third party for any such suspension or termination.5. CONFIDENTIAL INFORMATION
All information provided by either party shall be treated as confidential if transmitted visually, orally, or electronically including, without limitation, financial data, employee data, specifications, drawings, processes, designs, plans, instructions, data manuals, equipment, memoranda, notes and legal documents. Said information shall be treated by the receiving party as strictly confidential and proprietary information of the disclosing party that shall not be disclosed by the receiving party to any other individual or entity other than the parties hereto, their agents or assigns. Each party agrees that it shall restrict dissemination of the other party’s confidential information only to those individuals/entities who must be directly involved in evaluating the confidential Information and use the same degree of care that it uses for its own information of like importance, but at a minimum due care, in safeguarding against disclosure of the other party’s Confidential Information. To the extent that either party electronically transmits information, due care shall include:a.firewalls to protect internal systems.
b.restrictions on the use and storage of electronic transmissions, and
c.encryption or other security devices.
a.firewalls to protect internal systems.
b.restrictions on the use and storage of electronic transmissions, and
c.encryption or other security devices.
No reproductions, copies, or extracts of any Confidential Information shall be made without the disclosing party’s express written consent, and the receiving party shall refrain from using any such Confidential Information as long as it remains Confidential Information. Confidential Information shall not include information that is:
a.now available or becomes available to the public without breach of this agreement, b.released in writing by the disclosing party, or c.obtained from a third party or parties having no obligation of confidentiality with respect to such information. Each party acknowledges that failure to fulfil the obligations and agreements set out in this agreement may result in irreparable injury to the other party. Accordingly, each party further agrees that, in addition to remedies otherwise available at law or in equity, any and all such obligations may be enforced by suit, restraining order, and/or injunction. Any and all requirements to give notice to any and all individuals or entities who may be affected by a breach in security or the improper dissemination of any privileged information supplied to KARYA, its agents or assigns, that is or was determined to be a result in a breach of security by KARYA, its agents or employs shall be the responsibility of KARYA. This agreement shall continue in full force and effect and shall not expire. This agreement shall inure to the benefit of and be binding on You and KARYA, there respective agents, successors and assigns.6. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
KARYA Website require that You become a registered user. Before you can use this website, you have to register with KARYA and provide KARYA with certain information, which may include personally identifiable information, such as your name, phone number and your email address (“Personal Data”). By providing KARYA with Personal Data, you expressly agree that KARYA may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the KARYA Websites and related activities and communications in which you agree to participate. You are responsible for and agree to provide KARYA with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, you may request information about Your Personal Data stored with KARYA, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting KARYA directly. You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time.7. INTELLECTUAL PROPERTY RIGHTS
As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired. All Intellectual Proprietary Rights to any KARYA Software, the KARYA Website, KARYA Materials, and User Content belongs to KARYA or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any KARYA Software, the KARYA Website, any KARYA Materials, or any User Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to KARYA (and KARYA accepts such assignment) any modifications or derivative works of any KARYA Software, the KARYA Websites, and KARYA Materials made by You in contravention of this limitation without remuneration of any kind.8. INDEMNITY
You agree to indemnify and hold KARYA, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of an KARYA Website, Your breach of this TOU, any additional legal terms, or KARYA’ s Privacy Statement, Your unauthorized use of any KARYA-owned Intellectual Property, or Your alleged violation of any other rights of a third party.9. EXCLUSION OF WARRANTIES
KARYA Websites and Content are being provided to You “AS IS”. To the fullest extent allowable by law, KARYA does not guarantee or warrant any features or qualities of any KARYA Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on MCS Websites and Content in promotional material or on KARYA Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published KARYA description of or advertisement except to the extent KARYA has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of KARYA management.10. LIMITATION OF LIABILITY
KARYA will not be liable or responsible in any way for any User Content posted on or linked from an KARYA Website, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or other material accessed on or through any KARYA Website and made available by a third party. TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, KARYA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KARYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AN KARYA WEBSITE, KARYA SOFTWARE, OR KARYA MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY KARYA SOFTWARE, KARYA MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON AN KARYA WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON AN KARYA WEBSITE; OR (v) ANY OTHER MATTER RELATING TO AN KARYA WEBSITE OR KARYA MATERIALS. NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY KARYA AND IN CASE OF KARYA STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.11. APPLICABLE LAW
The laws of the State of Telangana, India will govern this TOU without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with this TOU shall be Hyderabad, Telangana, India.12. SURVIVAL
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or KARYA’ s written request, you must cease use of Confidential Information, and/or KARYA Website, and return or destroy all Confidential Information in Your possession or control.13. WAIVER AND SEVERABILITY
The failure of KARYA to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.14. CANCELLATION AND REFUND POLICY
Any cancellations to the order made before 14 days from the date of purchase are entitled for full refund of the paid amount with the condition that the purchase order placed is for Annual Subscription. Refund shall be made for unused time period on prorated basis if cancellation is done after 14 days for Annual Subscription purchases. In case of Monthly Subscription purchases cancellation is not possible and any paid amount will not be refunded. Cancellation of order shall be made with mail with Subject: " Cancellation Request" and sent to support@KARYA.com Mail shall contain following details: -a. Order ID:
b. Cancellation Reason:
c. Refund Account Details:
Cancellation shall be initiated after formal order cancellation request is received at support@KARYA.com
15. ENTIRE AGREEMENT
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings, or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.