In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name www.mykvs.com (hereinafter referred to as “Website”, “MyKVS”) is part of BANGALORE KANNADA VAISHYA SANGH ® (Est. 1971) (Hereinafter referred to as “Society”), having its registered office at: 125/A, 24th Cross, 2nd Block, Rajajinagar, Bangalore – 560 010. Karnataka, INDIA. BANGALORE KANNADA VAISHYA SANGH will be hence forth referred as “BKVS”.
The use of this Website, and any other mode used by you to access our information and services are governed by this policy and any policy so mentioned by terms of reference. Moving past home page, downloading any information shall be taken to mean that You have read and agreed to all of the policies so binding on You and that You are contracting with the Company (Society) and have undertaken binding obligations with the BKVS.
MyKVS is a website providing useful information to our community registered users and also enables as a platform for information exchange..
The membership of this Website and App is available only to those who are not covered under ‘Incompetent to Contract’ under the Indian Contract, 1872, which inter alia include insolvents. If you are a minor, you may use the services through your legal guardian and we reserve all rights to terminate your membership / account on knowledge of you being a minor.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
The membership of this Website and App is free of cost and this includes the browsing of the site, using App and the use of certain services. We reserve the right to amend this no-fee policy and charge for the services rendered. Upon the happening of such an event, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site or App.
5. THIRD PARTY INFORMATION
The information services, layout and interface design of the site/app, any visuals on the website/app, presentation and structuring of data on the site/app, is solely owned by MyKVS and BKVS and is protected by local copyright law and international treaty provisions. Nothing in this Agreement shall be deemed to be a transfer of intellectual property rights.
6. USER OBLIGATIONS
You are a restricted user of this Website and App on all devices.
6.1 You are bound not to modify, recreate, reverse engineer, publish or create derivative works from, transfer, or sell any software obtained from the Website and app. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and App is not permitted.
6.2 You agree not to access (or attempt to access) the Website and App and/or the materials or Services by any means other than through the interface that is provided by the Website and app. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and App is specifically prohibited.
6. 3 In places where this Website and App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of other users;
b) Engage in any activity that interferes with or disrupts access to the Website or App or the Services (or the servers and networks which are connected to the Website and App);
c) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
d) Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website and App, or any other customer of the Website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
e) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the websites or any affiliated or linked sites;
g) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
h) Violate any applicable laws or regulations for the time being in force within or outside India;
j) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
k) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
l) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”), Telecom Company Partners or any other users / third parties;
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website and App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
7. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, APP, SERVICES AND ALL TARIFF PLANS AND RECHARGE PLANS ARE PROVIDED BY THIS WEBSITE AND APP IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) THE RECHARGE CARRIED OUT WILL BE EFFECTIVE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, APP SERVICES OR OTHER MATERIALS INCLUDING TARIFF PLANS AND RECHARGE PLANS WILL BE CORRECTED.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE WEBSITE AND APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY FOR THE SAME. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS WHOLE DISPLAYING THE INFORMATION PROVIDED TO US THROUGH TELECOM COMPANIES OR THEIR API’S. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. ANY ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE OR APP OR SMS WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY AND WE HOLD NO LIABILITY FOR SUCH INFORMATION OR YOUR ACTIONS UPON BECOMING AWARE OF SUCH INFORMATION.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE TELECOM COMPANIES OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, APP, SERVICES OR CONTENT.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
8. DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a sole Arbitrator appointed by Us. The award as the outcome of the arbitration is final and binding on all the parties. The arbitration proceedings will take place in the English Language and will take place at Bangalore, Karnataka.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts in Bangalore, Karnataka.