TERMS OF USE
GENERAL TERMS
This Terms of Use is drafted in conformity with the Information Technology (Intermediaries Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 in order to regulate the terms and conditions of usage and access to Websites (as defined herein) and the Services (as defined herein). No physical or digital signature is necessitated in order to validate this Agreement.
This Terms of Use (“Terms”) is an agreement between the customer (“You”, “Your”, “User” and “Customer”) and M/s. Kritsnam Technologies Private Limited , a company registered under the Companies Act, 2013 and having its registered office at D/104, Ashadeep Apartments, Jorar, Namkum, Ranchi, India - 834010, India, (hereinafter referred to as “Kritsnam” “Company”, “we”, “us” or “our”). Kritsnam is engaged in the design, development, production and sale of ‘Dhaara Smart Ultrasonic Flow Meters’ (“Product”) of various models used in the ‘fresh-water market’ and the provision of services like Dhaara Live subscription and the purchase of extended warranty on the Product (“Allied Services”).
These Terms will govern Your use of ‘Dhara Live’ software (“Software”) and extended warranty subscription which shall be inclusive of any website as well as any other media form, media channel, website or mobile application related, linked, or otherwise connected thereto, which are owned by us including without limitation the following websites: www.kritsnam.com (“W1”), www.dhaara.com (“W2”), https://shop.kritsnam.com/ (“W3”) and https://dashboard.kritsnam.com/ (“W4”) (collectively, “Websites”) and subsequently the use of Services through such Websites. The purpose of: (a) www.kritsnam.com and www.dhaara.com is to provide information about Kritsnam’s Products and Allied Services; (b) https://shop.kritsnam.com/ is to provide a Websites for Customers to subscribe to the Allied Services of Kritsnam; and (c) https://dashboard.kritsnam.com/ is to enable Customers to track water-flow data transmitted by the Product installed at such locations as required by the Customers.
ACCEPTANCE OF THE TERMS
For You to accept these Terms, You shall be of majority age (18 and above). In the case that You do not accept these Terms, You shall not avail our Services as is provided through our Websites. You can accept the Agreement by checking the checkbox or clicking on “I AGREE” or any other similar term and/or by subscripting to our Services, as the case may be.
You acknowledge that by clicking on “I AGREE” or any other similar term and/or by subscripting to our Services, You are entering into a legally binding agreement to use the services provided by Kritsnam and this shall continue to be binding till You continue to access and use the Websites.
Please note that these Terms shall be applicable to you, even if You browse or access the Websites as a visitor without creating an Account on W3. These Terms applies to every User who uses or accesses the Services. It also applies to any legal entity which may be represented by You under actual or apparent authority.
These Terms are subject to modifications, at our sole and absolute discretion. Further, we may from time to time formulate new policies for availing all or any of the Services. The most current version of the Terms will supersede all previous versions. You understand that Your continued use of the Services after any changes to the Terms or addition of new policies constitutes your acceptance to be bound by the most recent version of the Terms. If the Terms (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account (as defined herein) by writing to cancelling your subscription or writing to us at support@kritsnam.com.
The Services provided through the Websites shall be made available to Customers who have agreed to these Terms which are constantly administered at regular intervals.
DESCRIPTION OF SERVICES
Our services provided on the Websites include but are not limited to the following (collectively, “Services”):
- Enabling the procurement of Allied Services and subscription to the Software; and/or
- Enabling Customers to track water-flow data transmitted by the Product installed at such locations as required by the Customers.
We believe in continuous development in order to meet the industry standards and provide you with better Services, therefore, we reserve the right to modify, remove or rename our Services at our sole discretion.
REGISTRATION AND ONBOARDING
- We believe in providing simple and easy access to our Services. To access the Services you can sign-up by using the online sign-up or subscription process or contact us at support@kritsnam.com as provided on W3.
- After You subscribe to our Services and make necessary payments as facilitated on W3, we will collect relevant information and we will register and create an account (“Account”) for Your access to W4.
- You will be provided with only one Account that will be in Your official company name / individual name and subject to You not being restricted by Us or applicable laws to use the Websites.
- We will provide a User ID and password (“Credentials”) to You for access to W4 and Services thereof.
- You hereby, expressly consent to receive communications and newsletters from Kritsnam by SMS, e-mails, phone calls, in-app notifications or any other means. You can restrict such communications and newsletters only by contacting us at business@kritsnam.com.
- You can always choose to disable Your Account by cancelling your subscription or writing to us at business@kritsnam.com. Once You disable Your Account, you shall cease to have any access to our Services through the Websites.
- You are responsible for maintaining the confidentiality of Your Credentials, and You are fully responsible for all activities that occur under your Account. In the event that You detect any unauthorised use of Your Account or breach of Your Account, You shall inform Us immediately.
- In the event that You share Your Credentials with any third party including without limitation authorised channel partners of Kritsnam, You shall solely be responsible for any consequence, damage, loss, and/or injury including without limitation loss of data and misuse of Your Account and Kritsnam shall under no circumstances be liable for any such consequence, damage, loss and/or injury incurred by You. You will be held responsible for any losses incurred by Kritsnam or any other User due to unauthorized use of the Account which is a consequence of Your inability to secure Your Account.
LICENSE TO THE WEBSITES
- Subject to Your compliance with each provision of these Terms, Kritsnam hereby grants You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive, non-commercial right to access and use the Websites to access the Service in accordance with these Terms. You also have the right to access and browse the Websites without procuring the Services and, even under such circumstances, these Terms shall be binding on You.
- Except the rights and interests that are provided to You under these Terms, unless otherwise specified, you shall have no other right or interest whatsoever in the use of Websites and/ or Services.
- You agree to use the Websites only for its intended purpose, in an authorized manner, and in compliance with all privacy, data protection, intellectual property, and other applicable law. You agree that You shall in no manner whatsoever indulge in using the Content (defined herein below) for any commercial purposes. You further agree that no right, title or interest in any of the Content is deemed to be transferred to You and that the same at all times lies solely with the parties providing such information on the Websites.
THIRD PARTY SERVICE PROVIDER
- For the provision of Services, ease of access of the Websites by You and any other reason that we deem necessary for the business purpose of Kritsnam, we at our sole discretion, reserve a right to use any third-party service providers.
- The Services and the Websites, including payment gateway, may entail links to third party websites / applications that are neither controlled nor owned by the Company. Any commercial / contractual terms offered by and agreed to between Users and third-party service providers are applicable only to such User and the third-party. Kritsnam does not have any control in any way involves itself in the offering or acceptance of such commercial / contractual terms between Users and third-party service provider.
- You acknowledge and agree that You are availing the Services and/or browsing the Websites solely at Your own discretion, risk and cost. Kritsnam does not exercise any ownership, control or supervision over the third-party service provider or their services. Kritsnam makes no representation or provides no warranty and guarantee (express or implied) for the services offered through the third-party service provider, even if the services have been availed or sought to be availed through the Websites. Any claims, actions or inactions relating to the services availed from third party service provider should be settled inter-se between you and the third-party service provider.
FEE FOR USE OF SERVICES
- You will be liable to pay such fees as shall be communicated by Kritsnam to you directly or by way of subscription in a manner provided on the Websites for the use of the Services. All the payment obligations for the services provided shall be completed and fulfilled by the Users promptly and within a stipulated time period provided by Us, if any.
- You agree and acknowledge that the fees and amounts payable for the usage of the Websites and for procurement of the Services under these Terms are non-refundable in nature. The fees or other costs or amounts payable under these Terms are subject to changes based on the services availed. Kritsnam shall not be responsible in any manner for such changes in the costs of the subscription plan chosen.
- All payments made against the Services on Websites by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Websites will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Websites.
- In the event any tax such as GST or the like is chargeable by Kritsnam in accordance with any local, state, provincial or foreign laws with respect to Your use of our Services ("Taxes"), Kritsnam will invoice You for such Taxes. You agree to pay Kritsnam such Taxes in addition to any payments due under these Terms.
- The payments may be made by You, via credit, debit card and net banking facility, UPI, wallets or any other means. The Company shall automatically start billing You through the payment method as may be chosen by You at the time of registration/creation of Your Account.
- You understand, accept and agree that the payment facility provided by Kritsnam is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Websites using the existing authorized banking infrastructure and credit card payment gateway networks.
- While availing any of the payment method/s available on the Websites, we will not be responsible or assume any liability in any manner whatsoever including for errors, delays, erroneous transactions or any loss or damage arising directly or indirectly to You. No liability will be accepted by the Company, if the payment is refused or declined by the credit/debit card/UPI supplier for any reason.
- Any complaints with respect to the payment may be made by you directly to your bank or the payment gateway.
- If the payment has not been made, it is not the obligation of Kritsnam to bring the same to Your attention. You should check with Your bank / credit / debit card/ UPI supplier that the payment has been deducted from Your account but however, the payment has not been made. All payment details which are entered through this payment gateway are encrypted when the User makes the payment.
- In case of failure by the User to make payment of fees to properly protect the data being provided by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of online payment, Kritsnam shall not be held liable.
- In the event the User uses any links for making payments, from various geo-locations, the User shall be responsible for the same and it shall be at the sole risk of the User. Kritsnam shall in no manner be held responsible for the same.
- The User agrees that the payments made to Kritsnam and received by Kritsnam shall differ based on the geo-locations and such payments shall be received as per the local currency of the different and various geo-locations.
- Kritsnam does not store or keep credit card / debit card data in a location that is accessible via the internet. Once a credit card / debit card transaction has been completed, all credit card/debit card data is moved off-line only to ensure that the credit card / debit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. Kritsnam uses the maximum care so as to ensure that all or any data / information in respect of the electronic transfer of money does not fall in the wrong hands.
- The payment method can be changed by You during the tenure of Your subscription. However, in the event the change in the payment method is not successful and the payment does not go through, You shall be liable to make such payments, until then, Your access to the services shall stand suspended and Kritsnam shall in no manner whatsoever be responsible for the same.
- The subscription amount shall be billed to You at the beginning of the tenure and such amounts shall be payable in monthly/yearly intervals. For the purpose of viewing Your renewal period, You may access your details as provided on the Websites. The procedure for cancellation will also be mentioned under the same tab of the Websites.
- Subject to the ‘Cancellation, Refund & Exchange Policy’ of Kritsnam, You may change your subscription plan and the amounts shall vary based on the change in the subscription plan.
- You shall be solely responsible for the information provided by You with respect to the payment methods. You agree that Kritsnam shall not be liable for any losses either direct, indirect, incidental or consequential in relation to any delay in processing of the payment made by You.
- The Company reserves the right to make any amendments, modifications or terminate any subscription plans at any time, as per its sole discretion and You shall be subjected to such changes and shall ensure to go through the Terms from time to time for being aware of any such changes and modification. Your non-awareness of the same does not make the Company responsible in any manner.
- In the event that You are desirous of cancelling Your subscription, You may do so by using the Websites. In the event of cancellation of Your subscription plan prior to the expiration period, the same shall in no manner entail You with any refund with respect to any portion of the subscription fee already paid by You. After cancellation, if You are desirous of re-subscribing, You may do so from the Websites and the user interfaces.
AVAILABILITY OF SERVICES
- All or any of the Services offered through the Websites may be temporarily unavailable or may not be offered to You when the Websites is under development and under maintenance due to any technical faults or interruptions, for which Kritsnam shall not be liable. Further, the Services may be temporarily available for various reasons which may include but are not limited to Your geographic limitations, or prohibition / restrictions under applicable laws or policies or due to any technical faults or interruptions under applicable laws or policies for which Kritsnam shall not be liable.
WEBSITE CONTENT
- Unless otherwise indicated, the Websites is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Websites (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, unfair competition laws and other applicable national and international laws and conventions. We reserve all rights not expressly granted to You in and to the Websites, the Content and the Marks.
- Kritsnam cannot and does not guarantee or warrant that files available for downloading through the Websites, if any, will be free of infection by software viruses or other harmful computer code, files or programs.
- Unauthorized use of the Content / Websites may violate copyright, trademark, and other laws. The Websites and none of the Content shall be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed for any commercial purpose whatsoever, without Our express prior written permission.
ERRORS AND INACCURACIES
- The Websites may sometimes contain certain errors, mistakes, inaccuracies, discrepancies or omission or certain information might not be complete or current. The Company reserves the right to rectify errors, mistakes, inaccuracies, discrepancies or omissions and change and update the information so provided without providing any prior notice to You. The Company shall not be liable for any inaccuracies, omissions, discrepancies in the information which may be provided on the Websites.
Websites MANAGEMENT
- We reserve the right, but not the obligation, to: (1) monitor the Websites for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable the access of any Services or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Websites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Websites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Websites.
USER REPRESENTATIONS
- By using the Websites, You represent and warrant that: (1) You have the legal capacity and You agree to comply with these Terms; (2) You are not a minor in the jurisdiction in which You reside; (3) You will not access the Websites through automated or non-human means, whether through a bot, script, or otherwise; (4) You will not use the Websites for any illegal or unauthorized purpose; and (5) Your use of the Websites will not violate any applicable law or regulation.
- If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your Account and refuse any and all current or future use of the Websites (or any portion thereof).
USER COVENANTS
- You agree that the express consent provided by You shall be valid for all the services availed from Kritsnam at present or in the future. You have the right to withhold or withdraw your consent for any of the services at any point of time. Irrespective of such withdrawals of your consent, all dues outstanding for the services availed shall be settled by You to Kritsnam.
- You acknowledge that the water-flow data provided by Kritsnam on the Websites is on “as is” basis and that Kritsnam shall not be held liable for any losses or damages caused to You or in relation to such data which might not be in your favour.
- You acknowledge that if Kritsnam finds You to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities, then Kritsnam shall be entitled to terminate your Account or block You from browsing the Websites or take such other legal action as may be required.
USER RESTRICTIONS
- You may not access or use the Websites for any purpose other than that for which we make the Websites available. The Websites may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
- As a user of the Websites, You agree not to:
- Impede and impair the operations and functionality of the Websites in any manner.
- Copy and distribute the Content and information provided on the Websites on other servers with due authorisation from Kritsnam.
- Use any technology or any automated system for the purpose of dissemination of any usernames, passwords, email address or any other information or data from Kritsnam or the Websites.
- Send any information on behalf of Kritsnam. It is solely the responsibility of Kritsnam to solicit any information and to send through emails, SMS’s, multimedia content, advertisements and/or promotional activities to send any information to its Users.
- Pass on any information which contains confidential information about other Users to any third parties or serves without prior consent from Kritsnam or such Users.
- Systematically retrieve data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
- Trick, defraud, or mislead Us and other Users, especially in any attempt to learn sensitive account information such as User Credentials.
- Make any unauthorized use of the Websites, including collecting Credentials of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Attempt to impersonate another user or person or use the username of another User.
- Circumvent, disable, or otherwise interfere with security-related features of the Websites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Websites and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Websites.
- Use any information obtained from the Websites in order to harass, abuse, or harm another person, may it be representatives of Kritsnam or any other User.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Indulge in an activity which would disable, manipulate, block or attempt to obscure the Content on the Websites.
- Use the Websites in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Websites.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Websites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Websites.
- Access any data that is not meant to be accessed or used by the User.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Websites or the networks or services connected to the Websites.
- Attempt to bypass any measures of the Websites designed to prevent or restrict access to the Websites, or any portion of the Websites.
- Copy or adapt the Websites’s software, including but not limited to, PHP, HTML, JavaScript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way jeopardizing any part of the Websites.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Websites, or using or launching any unauthorized script or other software.
- Use the Websites as part of any effort to compete with us or otherwise use the Websites for any revenue-generating endeavour or commercial enterprise.
- Notwithstanding anything in this Agreement, an authorised channel partner of Kritsnam shall not be considered in violation of these Terms for any act or omission which it undertakes with due consent of the Customer.
PRIVACY POLICY
- We care about data privacy and security. By using the Websites, you agree to be bound by our Privacy Policy posted on the Websites, which is deemed to be incorporated into these Terms. Please be advised the Websites are hosted in India. If you access the Websites from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Websites, you are transferring your data to India, and you agree to have your data transferred to and processed in India.
CONFIDENTIALITY OF INFORMATION
- You shall not, either during the period of use of the Websites or thereafter, except, in the proper course of Your duties, divulge to any person whomsoever and shall use Your best efforts to prevent the unauthorized use, dissemination, publication or disclosure of any confidential information. You shall not either during the period of use of Websites or thereafter use the confidential information for Your own benefit, or for the benefit of a third party, and will not permit such use, except with the prior, express written consent of the Company. The User has the right to privacy for the information so provided.
DISCLAIMER AND WARRANTIES
- No information which is put on the Websites is to be accepted as an invitation to an offer, made by the Websites. There is no endorsement made by Kritsnam through its Websites.
- There are no representations and warranties, whether express or implied, made by Kritsnam regarding the tolerance, accuracy, reliability and/or quality of any information transmitted and/or obtained through the use of the services of Kritsnam. Neither Kritsnam nor any of its associated parties would be liable for omissions, untimeliness, unauthenticity of the information contained on the Websites.
- You expressly understand and agree that the use of the Product, Websites and/or Services is at your sole risk. The Product, Websites and Services are provided on an as-is-and-as-available basis. Kritsnam expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Kritsnam makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the Services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Kritsnam, its employees or representatives shall create any warranty not expressly stated in these Terms.
- The Company assumes no responsibility for any damages or viruses that may infect Your computer equipment or other property on account of Your access to, use of, or browsing in this Websites.
- The Company does not warrant or endorse the effectiveness, quality or safety of the service available on its Websites. The Company disclaims the responsibility for any harm to persons resulting from any instructions or services referred to on the Websites.
- We do not warrant that the Websites or its content will meet Your requirements.
LIMITATION OF LIABILITY
- YOU AGREE THAT KRITSNAM SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE AND THE SERVICES OF ANY THIRD-PARTY SERVICE PROVIDER SO ENGAGED UNDER THESE TERMS, EVEN IF KRITSNAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL KRITSNAM’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU DURING THE ONE (1) MONTH PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
INDEMNITY
- You agree to indemnify and hold harmless Kritsnam, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms herein, or any other claim related to your use of the Services, except where such use is authorized by Kritsnam.
FORCE MAJEURE
- Kritsnam shall not be liable for any failure to perform any obligations under these Terms, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of Kritsnam and in such case our Services under these Terms shall be suspended for so long as such event continues.
TERMINATION OF SERVICES
- In the event that Kritsnam is of reason to believe that Your account or Your use of the services or Your access to the Content or Your browsing of the Websites is against or in breach these Terms, the Privacy Policy, against applicable laws, provision of false and inaccurate information by You and/or for any other reason Kritsnam may deem fit, Kritsnam reserves the right to immediately terminate, suspend, or limit or restrict the Your use at its sole discretion. You hereby agree and consent to the above and agree and acknowledge that Kritsnam can, in its sole discretion, exercise its right in relation to any or all of the above, and that Kritsnam, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.
MISCELLANEOUS
- We may modify these Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with a notice of the changes either through the Websites or by email to your primary email address. You may choose to terminate your use of the Services or disable Your Account through the Websites if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Services offered on the Websites following the posting of changes to these Terms will constitute Your specific and explicit consent and acceptance of those changes.
- Any violation of this Term or any indecent action towards third party service provider will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, Users will not receive any credit or payment or refund from Kritsnam. Without limiting Kritsnam of other remedies, You must pay Kritsnam for all fees owed to us and reimburse Kritsnam for all losses and costs (including any and all Kritsnam associate, officers or representatives time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees. In the event of termination, You will have no claim whatsoever against Kritsnam in respect of any such suspension or termination of your membership but you shall settle all dues owed to Kritsnam upon the termination.
- You acknowledge that no joint venture, partnership, employment, or agency or “service provider-consumer” relationship is created or exists between You and Kritsnam, as a result of Your use of the Websites.
- Kritsnam's performance under these Terms is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Kritsnam's right to comply with law enforcement requests or requirements relating to a member's use of Kritsnam or information provided to or gathered by Kritsnam with respect to such use.
- The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Kritsnam, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. Kritsnam does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- You shall not assign any rights or obligations arising under this Term, whether by operation of law or otherwise, without the prior written consent of Kritsnam. You agree that Kritsnam may subcontract certain aspects of the Service to third party service providers for the fulfilment of Services as per these Terms.
- Any claim or controversy that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a person nominated by Kritsnam whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Hyderabad and the process shall be in English Language.
- Notwithstanding the foregoing, if you breach or threaten to breach any provision of this Agreement you acknowledge that irreparable harm will result to Kritsnam if you breach any obligation under this Agreement and you acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, you agree that Kritsnam shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
- In the event that any provision of this Agreement is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Kritsnam’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.
- These Terms shall be governed by the laws of India and in case of any dispute between you and Kritsnam, in relation to the Services, the courts of Hyderabad shall have exclusive jurisdiction.
GRIEVANCE REDRESSAL
- In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, our Grievance Officer, Mr. Vinay Chataraju, can be contacted by sending an email to vinay@kritsnam.com.