Terms and Conditions
KNOIN END USER LICENSE AGREEMENT (THE “AGREEMENT”)
Please carefully read and review this Agreement before you access, use, test, download and/ or install the KNOIN.
This Agreement is a legal agreement between Knoin Electronics Private Limited (hereinafter referred to as “We”, “Us” and “Our”), the operator of KNOIN Portals and application including the services made available through or in connection with such application (collectively referred to as, the “Portals“) and you (either an individual or an entity/organization) stating the terms that govern your access, use, test, download and installation of the Portals. If you are using the Portals on behalf of an entity/organization, you are agreeing to this Agreement for that entity/organization and promising that you have the uthority to bind that entity/organization to these terms. In that case, “you” and “your” will refer to that entity/organization.
You may access, use or test the Portals only on the condition that you agree to abide by the following terms. We are providing the Portals for you to use, test and download, subject to your agreement to be bound by the terms and conditions set forth below. Your acceptance of the terms of this Agreement and/or your access, use, test, download and/or installation of the Portals shall be deemed as your acceptance of all of the terms, representations and undertakings set forth in this Agreement, without any qualification or exception. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MAY NOT
ACCESS, USE, TEST, DOWNLOAD AND/OR INSTALL THE PORTALS. YOU CAN REMOVE THE KNOIN APPLICATION THROUGH A STANDARD UNINSTALL PROCESS. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
By your affirmative act of clicking the acceptance button, or accessing, downloading and/or using the Portals, you are signifying electronically that:
i. You agree to be bound and abide by the terms of this Agreement.
ii. You agree to abide by the laws duly enforceable under your laws
iii. You are aware that only the user who downloaded the Portals and agreed to the terms herein is licensed the right to use Portals.
iv. You agree that we offer the online ordering of the merchandise through the portal "AS IS" and without warranties.
v. You agree that you can purchase the products listed on the Portal through various methods of payments offered. The sale / purchase of products shall be governed by specific policies of sale, like cancellation policy, return policy, payment terms. In addition, these terms and policies may be further supplemented by product specific conditions, which may be displayed on the web page of that product.
vi. You agree that you shall not use the Portals if this is not permitted or illegal under your local laws.
1.1 You must be 18 years of age or older to access, use or test the Portals in any manner. By accessing, using or testing the Portals or accepting this Agreement, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Portals, and agree to and abide by this Agreement.
1.2 The use of our Portals by a minor (an individual under 18 years of age) is strictly subject to the consent of their parent or guardian and this Agreement is with the parent or guardian, who is responsible for the minor’s compliance. In cases where you have authorized a minor to use the Portals, you acknowledge that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Portals; and (c) the consequences of any misuse by the minor.
1.3 Parent(s) or guardian(s) of the user below the age of 18 years shall be liable for all and any acts of such user using the Portals.
2. USE OF PORTALS BY USER
2.1 You must create / register an online account with us if you desire to utilize certain online facilities provided through our Portals. You shall provide accurate information in the account and we shall not be responsible for the data maintained in the account.
2.3 You may be able to access, use or download the Portals by logging into your account with your credentials from certain third-party sites including few social networking sites. You confirm that you are the owner of any such account and that you are entitled to disclose your login information to us. You authorize us to collect your authentication information, and other information that may be available on or through such third-party account consistent with your applicable settings and instructions.
2.4 You are responsible to keep the password confidential and immediately notify us if you suspect any unauthorized use of your user account, email address or any breach of security, or if any authorized third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorized to act as your agent for the purposes of accessing, using, or testing the Portals. You are entirely responsible to maintain the confidentiality of your password.
2.5 We request all accounts to be registered with a regularly accessed, valid personal e-mail address, mobile number so that we can communicate with you. We reserve the right to close/ terminate our services without any prior notice, any accounts which have been registered with third party’s e-mail address / mobile number or with temporary e-mail addresses / mobile number. Users may be required to re-validate their accounts if we believe they have been using an invalid e-mail address /
2.6 By creating an account, you agree to receive certain communications from us, including, but not limited to, alerts, announcements, administrative messages and commercial messages. Such communications shall be via the Portals, Short Message Service, E-Mail or other method as determined by us.
3. GRANT OF LICENSE:
3.1 KNOIN grants you, subject to all terms of this Agreement and your compliance with its terms and conditions, a personal, limited, nonexclusive, non-sublicensable, non-transferable license to access, use, test, download and/or install a single copy of the Application on your electronic device for a limited time which may be terminated at-will by KNOIN , to the fullest extent permitted under applicable law. All rights not expressly granted by KNOIN in this Agreement are expressly reserved.
This license does not entitle you to receive from KNOIN hard-copy documentation, support, telephone assistance, or enhancements or any updates to the Application.
3.2 To the fullest extent permitted under applicable law, KNOIN reserves the right to alter – either temporarily or permanently, at any time or from time to time, with or without prior notice to you – features, licensing terms, or other characteristics of any version of the Portals that it releases. Changes to the licensing terms (including this Agreement) will
be posted on (provide link) and/or notified to you through other reasonable means and will be effective upon posting.
3.3 KNOIN may periodically review your compliance with this Agreement. You agree to provide KNOIN or an independent auditor appointed by KNOIN with relevant records upon our request.
4. FORUMS AND USER SUBMISSIONS
4.1 By uploading any materials to any Chat Board or Forum available on Portals (collectively “Forums”) or anything that you submit to the Portals and/or provide to us, including but not limited to, questions, reviews, comments, feedback, suggestions (collectively "Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Forums and / or Submissions, when you post messages, comments or reviews on the Portals, you also
grant us the right to use the name / username / location that you submit, in connection with such chat forum, review, comment, feedback or other content. We reserve the rights to monitor, delete and / or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable,undesirable or in violation of any law. By submitting, posting or displaying content on or through the Portals, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods.
4.2 As per this Agreement, you are solely responsible for every material or content uploaded on to the Portals. Forums and / or User Submissions do not reflect the opinion of KNOIN. We do not review the contents in any way before they appear on the Portals. We do not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Portals. You can be held legally liable for the contents and may be held legally accountable if your contents or material include, for example, defamatory comments or material protected by copyright, trademark etc.
5. EXACTNESS NOT GUARANTEED
5.1 We hereby disclaim any guarantees of exactness as to the finish and/ or appearance of the final product(s) as ordered by you. The quality of any product(s), information(s), or other material(s) purchased and/ or obtained by you through the Portals may not meet your expectations.
6. PAYMENT TERMS
6.1 All Payments are deemed to be chargeable / invoiced in Indian Rupees (INR) while all allied charges including but not limited to foreign exchange cost, cost as per Reserve Bank of India (RBI) Rules in case of foreign transaction is to be borne by you.
6.2 While availing any of the payment methods available on the Portals, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
a) Lack of authorization for any transaction(s), and/ or
b) Exceeding the present credit limit mutually agreed by you and between "Bank/s", and/ or
c) Any payment issues arising out of the transaction(s), and/ or
d) Decline of transaction for any other reason(s).
6.3 Before shipping / delivering your order, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase(s). This is done in the interest of providing a safe online shopping environment to our users.
6.4 Use of the payment gateway shall not render us liable and/ or responsible for any of the non-delivery, non-receipt, non-payment, damage, nonprovision of after sales and/ or warranty services and/or frauds as regards the product listed on the Portals.
6.5 You have specifically authorized us to collect, process, facilitate and remit payments and / or the transaction price electronically or through Cash on Delivery from you in respect to your transactions through Payment Gateway.
6.6 All Valid Credit Card/ Debit Card/ Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between you and the respective issuing bank.
6.7 All online bank transfers from valid bank accounts are processed using the Payment Gateway provided by the respective issuing bank which support Payment Gateway to provide these services to you. All such online bank transfers on Payment Gateway are also governed by the terms and conditions agreed to between you and the respective issuing bank.
7. PAYMENT FACILITY
7.1 You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with us to purchase the product from our Portals using the Payment Gateway, and you shall pay us the transaction price through your issuing bank using the Payment Gateway.
7.2 You, as a Buyer, shall be entitled to claim a refund of the transaction price (as your sole and exclusive remedy) in case you do not receive the delivery within the time period agreed in the transaction or within the time period as provided in the policies, whichever is earlier. In case you do not raise a refund, using Portal’s features within 15 days calculated from mentioned date of delivery then such act would make you ineligible for a refund. To initiate the refund request under this clause, please write us to firstname.lastname@example.org.
8. ORDER CANCELLATION POLICY
8.1 You may cancel an order as per the product policy as mentioned on the Portals.
8.2 Request for cancellation of order(s), once processed, shall not be entertained.
9. REPLACEMENT/ REFUND POLICY
9.1 In case of request for replacement/ refund for any damaged product(s) in transit, please send us an email at
email@example.com in order to initiate the . We shall, on satisfaction, that the product was damaged during transit, shall arrange for replacement/ refund of the same.
10. ORDER ACCEPTANCE AND PRICING
10.1 Please note that there are cases when an order cannot be processed for various reasons. The Portals reserves the right to refuse or cancel any order(s) for any reason at any given time. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account is
10.2 All prices displayed on the Portals are subject to change at any time without notice.
10.3 All prices listed on the Portals exclude shipping, delivery costs. Shipping, delivery costs are to be paid by the User as per the costs shown in the Final Page/Cart for respective order.
11.1 Most orders are shipped within 3 business days. We will contact you if your order will be delayed with an estimated time for delivery. We ensure that your package will arrive safely and with delivery confirmation.
11.2 In case the package is returned to us after attempted delivery or because of a wrong shipping address provided by you at the time of placing order, we will reship your order, only after receiving an email and correct address from you.
12. WARRANTIES, REPRESENTATIONS AND LIMITATIONS
12.1 We have no special relationship with or fiduciary duty/ obligation to you. You acknowledge that we have no control over, and no duty/ obligation to take any action regarding: which users gain access to the Portals ; what content you access via the Portals ; what effects the content on the Portals may have on you; how you may interpret or use the content on the Portals ; or what actions you may take as a result of having been exposed to the content on the Portals You release us from all liability for
you having acquired or not acquired content through the Portals The Portals may contain, or direct you to portals containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Portals, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Portals. We make no representations or warranties regarding suggestions or recommendations of merchandise or products offered or purchased through the Portals. We provide the Portals and its services “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. We make no express or implied warranties and/ or guarantees about the Portals To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Portals , including without limitation any warranties that the Portals or
its services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PORTALS WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. We do not guarantee that you will be able to access or use the Portals (either directly or through third-party networks) at times or locations of your choice. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Portals or any other data or information provided or received through the Portals. Except as expressly set forth herein, we make no warranties about the information systems, software and functions made accessible through the Portals or any other security
associated with the transmission of sensitive information. We do not warrant that the Portals will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Portals is free of computer viruses, contaminants or other harmful items.
12.2 You acknowledge and agree that we and/ or our affiliates shall not be liable for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at your own risk.
12.3 You acknowledge and agree that we and/ or our affiliates shall not be liable of the accuracy, quality, up-to-date, timeliness, reliability, truthfulness or completeness of the results or services through the Portals
12.4 You further acknowledge and agree that we and / or our affiliates shall not be liable for any damages you may suffer on account of your access to, use of the Portals
12.5 You acknowledge and agree that we shall not be liable for any damages caused on your electronic device / equipment or other property on account of your access to, use of the Portals or your downloading of any materials, data, text, images, video, or audio from the Portals.
12.6 You acknowledge that you are aware that the Portals requires processor power and as a result the batteries of the electronic device may run out of power and likewise the electronic device may heat up. Such heat could cause damage to your electronic device. The license granted herein is subject to your Agreement that we are not responsible in any way for any
of the above adverse effects.
12.7 You acknowledge and agree that you are solely responsible for procuring and maintaining at your own expense the necessary wireless connections, network connections, telecommunications links and system requirements of the electronic device. You further acknowledge and agree that we and / or our affiliates shall not be liable for any damages you may suffer arising from or relating to the carrier's network connections or telecommunications links or caused by the internet.
12.8 You agree and provide your consent to us that we shall have all rights necessary to enable users to sync their electronic devices with any information that is visible to them on the Portals.
12.9 You acknowledge and agree that from time to time, we may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the Portals.
12.10 You acknowledge and agree to comply with all applicable local laws and regulations and these terms and conditions when using the Portals and you will be solely responsible for any violations of such laws and regulations.
12.11 You acknowledge and agree that we and / or our affiliates shall not be liable for any kind of legal issues arising between you and the Government Authorities for breach of local laws and regulations by using the Portals. You further acknowledge that we may investigate any violations of law and / or may cooperate with law enforcement authorities in prosecuting users in such violations.
12.12 You acknowledge and agree that we are not responsible for any damage(s) suffered by you in any way related to your use of the Portals whatsoever.
13. USER CONDUCT AND RULES
13.1 The Portals are provided for your personal use only. You undertake not to access, use, test, download and/or install the Portals for any illegal or unauthorized purpose. You must not, in the access, use, test, download and/or installation of the Portals, violate any laws in your jurisdiction. By accessing, using, testing, downloading and/or installing the Portals, you agree that, unless otherwise expressly permitted in this Agreement or by applicable law, you will not:
a. Promote or try to gain unauthorized access or exceed the scope of authorized access to the Portals;
b. Attempt to gain unauthorized access to any portion or feature of the Portals, or any other systems or networks connected to the Portals;
c. Interfere with another user's use of the Portals;
d. Violate any law currently in force in India or outside;
e. Attempt or otherwise impersonate another person during the use of Portals;
f. Probe, scan or breach the vulnerability of Portals or any other connected network;
g. Use any automatic device, program, or methodology including but not limited to "deep-link", "page-scrape", "robot", "spider" or other such means, or any similar manual process, to access, acquire or copy any portion of the Portals or any content within the Portals;
h. Modify or create any derivative works based on the Portals, including by way of customization, translation, or localization; copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any files, or parts thereof, included in the Portals;
i. Decompile, reverse engineer, disassembles or otherwise attempt to derive source code from the Portals whatsoever;
j. Upload, publish, host, transmit, display, modify, update or share any information that, in our sole discretion:
i. Involves an illegal or unauthorized use of copyrighted work;
ii. Is not belonging to you or to which you have no rights;
iii. Refers to any portal or Uniform Resource Locator (“URL”) that contains material that is inappropriate for Portals;
iv. Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any
v. Is grossly racial, harmful, sexual, harassing, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever;
k. Engage in any activity that inflicts an unreasonable or abnormal load on the Portals or any systems or networks connected to the Portals;
l. Permit any third party to use the Portals;
m. Use the Portals on any electronic device you do not control or own;
n. Access, use, test, download and/or install the Portals in any way that violates this Agreement, or any other agreements to which you are a party, or any law by which you are bound;
o. Use the Portals or any content for any purpose that is unlawful or prohibited by local laws or this Agreement;
p. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Portals (“Trademarks and Notices”), or use, copy, modify, or publicly display these Trademarks and Notices; and
q. Violate any of the terms and conditions of this Agreement or any other terms and conditions contained elsewhere within the Portals
14. UPDATES AND UPGRADES
14.1 We may provide updates, upgrades, modifications, and/or patches to address issues such as – but not limited to – security, interoperability, and performance (collectively “Updates”).
14.2 We may notify you of such Updates through email and/or other communication tools. By using the Portals, you agree to keep the installation of the Portals updated to the most recent release. Your use of the Updates shall be governed by this Agreement (as modified from time to time).
15.1 You acknowledge and agree to hereby grant us the exclusive right to use your Feedback and shared commuting activity information with other users, without compensating you for any such opinions, including but not limited improving the Portals and creating other products and services.
16. RESERVATION OF RIGHTS:
16.1 We and our licensors retain and reserve all title, ownership, and intellectual property rights in the Portals. You agree that you will not take any action to interfere with our or licensors’ ownership of or rights in the Portals. Title and related rights in the content available in and through the Portals are the property of the applicable content owners and are protected by applicable law. These laws restrict your rights with respect to such content. Some of the content may also include security measures designed to control access and prevent unauthorized copying and use of copyrighted materials. You agree not to interfere with any such security components. The license granted under this Agreement gives you no rights in or to such content. We and/ or our licensors own all trademarks used in connection with the Portals, and no license to use any such
trademarks is provided hereunder. Other trademarks used with the Portals are the property of their respective owners.
16.2 All of the Content available on the Portals is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights. You acknowledge that the Portals and any underlying technology or software used in connection with the Portals contain our proprietary information. We give you permission to use the
aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Portals You may print, download, and store information from the Portals for your own convenience, but you shall not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Portals in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and
unambiguously provided herein, neither we nor our suppliers grant you any express or implied rights, and all rights in the Portals not expressly granted to you are retained by us.
16.3 We reserve the right to charge subscription and/or membership fees from the Users at any time as deemed appropriate by us for the Services provided through the Portals
16.4 We reserve the rights to decline any new registration or to cancel any existing registration at any time without giving prior notice to the User. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing or using the Portals, your account details or any files or other content, which is contained in your account.
17. HARDWARE REQUIREMENT
17.1 To access, use and test Portals, you shall require a compatible electronic device, data carrier coverage and other supporting devices. You shall ensure that the data connection and device shall comply with the relevant specifications provided by us from time to time.
17.2 You are solely responsible for cost incurred from the network carrier/ internet service provider on account of your access to, use of the Portals. You agree to check with your network carrier / internet service provider to verify whether there are any such fees that may apply to you. We shall not be responsible for any cost incurred by you on account of your access to, use of the Portals or your downloading of any materials, data, text, images, video, or audio from the Portals
20. INJUNCTIVE RELIEF
20.1 To the fullest extent permitted under applicable law, you acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause KNOIN irreparable damage for which recovery of money damages may be inadequate and that KNOIN , therefore, may obtain timely injunctive relief
to protect its rights under this Agreement and/or the law in addition to any and all other remedies available at law or in equity.
21. DISCLAIMER OVER CONTENT
21.2 You understand that all information which you may have access to as part of, or through your use of, the Portals (including advertisements and promotions) is the sole responsibility of the person from which such content originated (all such information is referred to below as “Content“), to the fullest extent permitted under applicable law.
21.3 You should be aware that Content presented to you, including but not limited to advertisements and sponsored Content may be protected by intellectual property rights which are owned by third parties. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part).
21.4 You understand that by using the Portals you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Portals is at your own risk. You acknowledge and agree that KNOIN is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Content.
22.1 You acknowledge and agree that KNOIN, in its sole discretion, may, without notice to you, to terminate your (or to users in general) access, use and testing rights to, all or part, of the Portals at any time, with or without notice.
22.2 Your right to access, use, and test, the Portals shall terminate on the earlier of:
i. the date KNOIN decided to terminate your (or users in general) access, use and testing of the Portals (including as a result of a legal requirement); and/ or
ii. the date you have breached this Agreement; and/ or
iii. the date you uninstall the Application.
22.3 Termination of the right to access, use, and test, the Portals may likewise terminate as a result of the termination of the relationship between KNOIN and the site/application, store/market from which you downloaded the application to your device.
22.4 In the event of any termination or expiration of this Agreement, all the terms of this Agreement save for those terms governing your right to access, use, test, download and/or install the Portals (for example, KNOIN’s proprietary rights in the Portals, and its right to seek injunctive relief) shall survive such termination or expiration. Termination of your right to access, use, test, download and/or install the Portals shall not entitle you to any right or remedy against KNOIN or anyone acting on its behalf, to the fullest extent permissible under applicable law.
22.5 Upon termination, you shall destroy all copies of the Portals in your possession.
22.6 You may stop using the Portals at any time. However, this Agreement will continue to bind.
23. LIMITATION OF LIABILITY:
23.1 In the event you received the license to the Portals free of charge to the fullest extent permitted under applicable law, your sole and exclusive remedy in the event of any dispute with the KNOIN under or relating to this Agreement, the Portals, or to your use of the Portals, or information collected by it, are to discontinue participating as a user of the Portals.
23.2 In no event will the KNOIN be liable for:
(a) any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you or others, however caused and under any theory of liability legal or equitable theory (contract, tort or otherwise) including, but not limited to, in connection with the Portals, and your use of the Portals, or information collected by it, to the fullest extent permissible pursuant to applicable law. This shall include, but it is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, harm to your electronic device, cost of procurement of substitute goods, or any other personal or other loss.
(b) Any loss or damage incurred by you or others, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of the information or other content or on the performance of the Portals, to the fullest extent permissible pursuant to applicable law.
23.3 In the event you paid any fees for the license to the Portals:
(a) KNOIN’s total liability for any direct damages incurred by you relating to this Agreement, the Portals, to your use of the Portals, or information collected by it, will not exceed the amount of consideration actually paid by you to KNOIN in the six months prior to the date the cause of action arose, and you hereby waive and release the KNOIN from the obligation to pay damages or any other compensation higher than such amount, to the fullest extent permissible pursuant to applicable law.
23.4 Notwithstanding the above, no damages shall be paid in the event that:
(i) KNOIN determined that under your local laws, the use of the Portals is prohibited,
(ii) a court ordered KNOIN to cease the use of the Portals , or
(iii) KNOIN ceased its operations, or ceased to distribute the Portals for any reason (for example, because KNOIN determined that it and/or its licensors no longer have rights in the Portals allowing it to distribute the Portals ), to the fullest extent permissible pursuant to applicable law.
23.5 Subject to the foregoing remedy, in no event will the KNOIN be liable for:
(a) any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you or others, however caused and under any theory of liability legal or equitable theory (contract, tort or otherwise) including, but not limited to, in connection with the Portals , and your use of the Portals , or information collected by it, to the fullest extent permissible pursuant to applicable law. This shall include, but it is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, harm to your electronic device, cost of procurement of substitute goods, or any other personal or other loss.
(b) any loss or damage incurred by you or others, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of the information or other content or on the performance of the Portals, to the fullest extent permissible pursuant to applicable law.
23.6 To the fullest extent permissible pursuant to applicable law, the limitations on the KNOIN’s liability shall apply whether or not KNOIN has been advised of or should have been aware of the possibility of any such loss or damage arising; and notwithstanding the failure of any limited remedy provided herein.
construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of KNOIN to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here under.
24.5 Headings: The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
24.6 Assignment: We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be
null and void.
24.7 Amendments To The Portals: We may terminate, change, suspend or discontinue any aspect of the Portals, including the availability of any features of the Portals or scheme at any time and without notice. We also reserve the right, at sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use and access of the Portals after any changes to these terms are posted will be considered acceptance of those changes.
24.8 Force Majeure: We shall not be liable to the User or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
a. act of God, explosion, flood, tempest, fire or accident;
b. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c. acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
d. import or export regulations or embargoes;
e. interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving our employees or of a third party);
f. interruption of Service or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
g. power failure or breakdown in machinery.
h. upon the happening of any one of the events set out in Condition (a) KNOIN may at its option: -
i. fully or partially suspend delivery/performance while such event or circumstances continues;
ii. terminate any Contract so affected with immediate effect by notifying the User and KNOIN shall not be liable for any loss or damage suffered by the User as a result thereof.
24.9 Breaches Of These Terms And Conditions: Without prejudice to the user’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your use, access to the Portals , prohibiting you from accessing the Portals , blocking electronic devices using your IP address from accessing, using and testing the Portals and / or contacting your internet service provider to request that they block your access to the Portals
24.10 Arbitration: In the event of any dispute or difference between the Parties hereto, whether arising during the currency or after the completion of this Agreement, or after the determination thereof (whether for breach or for any other reason) in regard to any matter or thing of whatsoever nature arising out of this Agreement or in connection therewith, then either Party shall give to the other notice, in writing, of such dispute or difference and the same shall be settled by arbitration in Mumbai, India in accordance with the Arbitration and Conciliation Act, 1996, or any statutory modification or substitution thereof.
24.11 Governing Law: These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.