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(1) ACCEPTANCE OF TERMS

Kyash is an offering of Bilent Services Private Limited (“Bilent”, “we” or “us” as the case may be). We provide the Service (defined below) to you, subject to the following Terms of Use (“TOU”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time at this page. In addition, when using particular Bilent’s or third party services, you and Bilent shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules, which may be subject to change, are hereby incorporated by reference into the TOU. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOU to that part, but to the extent of any inconsistency between the TOU and any guide or rule, the TOU will prevail. We may also offer other services from time to time that are governed by different Terms of Uses, in which case the TOU do not apply to such other services if and to the extent expressly excluded by such different Terms of Uses. Bilent also may offer other services from time to time that are governed by different Terms of Uses. These TOU do not apply to such other services that are governed by different Terms of Use.

(2) DESCRIPTION OF SERVICE

Bilent may provide users with access to or information about its services, partners and customers. It provides a collection on-line resources, including, communications tools, shopping, ordering and payment services, financial services, personal and business accounts through its offerings (the “Service”). The Service (or parts of it), at Bilent’s discretion, may be accessed or made available through or via various mediums or devices now known or hereafter developed, including but not limited to the World Wide Web, mobile telephone or communications services (such as SMS (Short Message Service)), and/or other Internet or telecommunications services or protocols (such as WAP (Wireless Application Protocol)) (collectively, the “Channels”). You also understand and agree that that the Service may include certain communications from Bilent such as service announcements and administrative messages, and that these communications are considered as part of the Bilent membership (if you register) and you will not be able to opt out of receiving them.

Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new Bilent offerings, shall be subject to the TOU. You understand and agree that the Service is provided “AS-IS” and that Bilent assumes no responsibility for the timeliness, maintenance, delivery or failure to provide these Services.

To use the Service, you must obtain access to the Channels on your own and pay any service fees associated with such access to the Service in accordance with the applicable payment terms. You acknowledge that certain parts of the Service are available only via certain Channels. You also acknowledge that we are not responsible or liable in any way for your access to the Service or your use of any Channels. If any alteration in the whole or any part of Service requires changes in your hardware, software or other equipment, you must effect these changes at your own expense. We will inform you of any such alterations in the Service in advance by email, notices or links to notices or by other appropriate means.

Unless expressly stated otherwise, no information presented in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party. In respect of contracts for our or any third party’s products and services which are made available, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.

Content that is considered obscene under Indian law, is strictly forbidden on the Bilent site, and users are prohibited from posting any material of an obscene nature on the Bilent site. Although Bilent exercises due diligence to ensure that any obscene content posted by users in violation of the TOU is promptly removed, users may sometimes come across user-posted obscene content we may not have discovered. Users shall make best endeavours to make Bilent aware of such obscene/objectionable content that they come across while using the service.

(3) ACCOUNT OBLIGATIONS

In consideration of your use of the Service, you agree to:

  • Provide true, accurate, current and complete information about yourself and persons you represent as prompted by the Service’s Account form (such information being the “Account Data”) and
  • Maintain and promptly update the Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bilent has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bilent has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you.

Notwithstanding the foregoing, we may provide you with access to some parts of the Service without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription number provided by your network operator. You agree that such information may be collected and disclosed to us and used in accordance with the TOU.

(4) BILENT PRIVACY POLICY

Account Data and certain other information about you are subject to our Privacy Policy which is incorporated by reference into and made a part of this TOU. By giving or making available the Account Data and such other information about yourself to us, you agree and acknowledge that we may use or release such information to third parties as specified in the Privacy Policy, and that you give consent to such use or disclosure. For more information, please see our full privacy policy.

(5) MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service’s Account process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bilent of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bilent cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

(6) MEMBER CONDUCT

You understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Bilent, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Bilent does not control the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

  • Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
  • Impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity;
  • Manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
  • Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that may be designated for such purpose;
  • Upload, post, email or otherwise make available or transmit any material that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Intentionally or unintentionally violate any applicable local, state, national or international law and regulations promulgated by the relevant authorities;
  • Collect or store personal data about any other users in connection with the prohibited conduct and activities set forth in paragraphs above.

Bilent and its designees shall have the right to remove any Content that we believe in good faith violates the TOU or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Bilent or submitted to Bilent, including without limitation information in Bilent Message Boards, Bilent Groups, and in all other parts of the Service.

You acknowledge and agree that Bilent may preserve Content and may also disclose Content if required todo so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  • Comply with and respond to complaints, legal claims and processes, including enforcement of the TOU;
  • Respond to your requests for customer service; or
  • Protect the rights, property, or personal safety of Bilent, its employees, directors and owners, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve

  • Transmissions over various networks; and
  • Changes to conform and adapt to technical requirements of connecting networks or devices

Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof.

(7) TRANSMISSION OF COMMUNICATIONS ON BILENT NETWORK

You acknowledge that in using Bilent services to send electronic communications, you will be causing communications to be sent through Bilent’s computer networks, portions of which may be located abroad. As a result, and also as a result of Bilent’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Use, you acknowledge that use of the service results in interstate data transmissions.

Your agreement to this TOU constitutes your consent to allow Bilent to store the communications on its servers. From time to time Bilent will send you notices through the Service to let you know about important changes to the Services. Such messages may not be received if you violate this TOU by accessing the Service in an unauthorized manner. Your agreement to this TOU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

Recognizing the global nature of the Internet, you agree to comply with all applicable laws, statutes, regulations, rules and codes regarding online conduct and acceptable Content and use of relevant Channels.

(8) CONTENT MADE AVAILABLE TO BILENT

Bilent does not claim ownership of Content you make available to it. However, with respect to Content you make available to Bilent, you grant Bilent worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Bilent removes such Content from the Service.

You agree, understand and confirm that the credit card details provided by you for availing of services on Company will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Company. Further the said information will not be utilized and shared by Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

(9) CONTRIBUTIONS TO BILENT

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Bilent through its webpages and other media, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Bilent is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Bilent shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Bilent may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Bilent without any obligation of Bilent to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Bilent under any circumstances.

 

(10) INDEMNITY

You agree to indemnify and hold Bilent, and our licensors, suppliers, vendors, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your actions through the Service, your use of the Service, your connection to the Service, your use of any Channels, your violation of the TOU, or your violation of any rights of any other person, or your breach of any applicable law.

(11) NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service

(12) GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Bilent may, in its sole discretion, establish general practices and limits concerning use of the Service and storage of the Content. You agree that Bilent has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Bilent reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Bilent reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further acknowledge that we reserve the right to modify these general practices and limits at any time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.

(13) MODIFICATIONS TO SERVICE

Bilent reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, for any reason whatsoever, whether generally or limited to you only You agree that Bilent shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.

(14) TERMINATION

You agree that Bilent, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Bilent, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this TOU or any other Agreement with Bilent or if you are a repeat infringer of intellectual property rights. Bilent may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice, whether for selected or all Channels. Further, you agree that Bilent shall not be liable to you or any third-party for any termination of your access to the Service.

(15) DEALINGS WITH THIRD PARTIES

The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Service, we will endeavour, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation providers of products and services, advertisers and other users of 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 third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.

(16) LINKS

The Service may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that Bilent has no control over such sites and resources, you acknowledge and agree that Bilent is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Bilent shall not be responsible or liable, in any manner whatsoever, 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.

(17) BILENT’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. GNU and open source licenses shall be applicable wherever relevant.

Bilent grants you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Bilent for use in accessing the Service.

(18) DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  • Your accessing or use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • Bilent and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that the Service and Content will meet your requirements or will be uninterrupted, timely, readable, accurate, secure, or error-free.
  • No advice or information, whether oral or written, obtained by you from Bilent or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the Service shall create any warranty not expressly stated in the TOU.

(19) LIMITATION OF LIABILITY

You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees 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 or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:

  • The use or the inability to use the Service, the materials and the products;
  • Unauthorized access to or alteration of your transmissions or data;
  • Statements or conduct of any third party on the Service;
  • Any goods or services disposed of or messages sent or received using the service;

(20) NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

(21) TRADEMARK INFORMATION

You agree that all of Bilent’s trademarks, trade names, service marks and other Bilent logos and brand features, and product and service names are trademarks and the property of Bilent Services Private Limited (the “Bilent Marks”). Without Bilent’s prior permission, you agree not to display or use in any manner the Bilent Marks.

(22) RIGHTS OF THIRD PARTIES

You acknowledge that our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, all affiliates, and our officers, agents and employees, are, where applicable, intended to be third party beneficiaries and may each enforce, severally and in its own right, the provisions of the relevant Sections of this TOU as applicable, to the extent and in the manner set out or envisaged in the foregoing but to no further extent and in no other manner.

(23) GENERAL INFORMATION

Entire Agreement. The TOU constitute the entire agreement between you and Bilent and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The TOU do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

Governing Law and Jurisdiction. The TOU and the relationship between you and Bilent shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and Bilent agree to submit to the personal and exclusive jurisdiction of the courts located at Bangalore, India.

Waiver and Severability of Terms. The failure of Bilent to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles. The section titles in the TOU are for convenience only and have no legal or contractual effect.

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