PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Welcome to www.complykart.com, hereto referred to as “the Site”. The Site is owned and operated by “Complypro Services Private Limited”, herein referred to as “the Company”, “we”, “Complykart” or “us”.
These terms of use govern your use of the Site. By using the Site, whether as a visitor or a registered subscriber (“subscriber”), to do any or all of the following, you accept these Terms of Use in full and without reservation:
- Browse the Site
- Purchase items or contract a member of www.complykart.com
- Use any of the software programs (“software”), or any services made available through or on the Site, whether by us, or our affiliates (“the services”).
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR THE PRIVACY AND SECURITY POLICY OR OTHER POLICIES, GUIDELINES, OR INSTRUCTIONS POSTED ON THE SITE, DO NOT USE THE SERVICES, THE SOFTWARE, OR THE SITE.
By using the site and/or the Services you warrant and represent that you are of sufficient age under the law of the jurisdiction in which you reside to enter into a binding legal agreement.
Your use of the Site, Software or Services does not give you any authority to act as an Agent, Legal Representative or Employee of the Company, or of any third party with whom the Company has a relationship, and you agree not to represent that you are otherwise.
Some areas of the Site, content or Services provided on or through the Site may have additional rules, guidelines, license agreements, user agreements, or other terms and conditions that apply to your access or use of that area of the Site or content.
If there is a conflict or inconsistency between these Terms of use and the rules, license agreement, user agreement or other terms and conditions for a specific area of the Site, or for specific content download or use, the latter shall have precedence with respect to your access and use of that area of the Site, content or Services.
All content included on the Site, and made available in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its third party content suppliers, and is protected by international copyright laws.
All software used on the Site is the property of the Company or its software suppliers and is protected by international copyright laws.
All of the trademarks, service marks, brand and trade names and logos appearing on the Site are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
Restricted Access
The Company reserves the right to restrict access to certain areas of the Site, or at our discretion, the entire website. The Company may change or modify its access policy with or without prior notice.
You may become a user of the Site’s free areas and Services (a “Member”) or a paid Subscriber. In either case, you will be required to establish a User Account with a Company-provided user ID and password to enable you to access restricted areas of the Site, or other content or Services.
You must ensure that your user ID and password are kept confidential. You alone are responsible for your password and user ID security.
The Company reserves right to disable your User Account and your ID and password at the Company’s sole discretion and without prior notice if:
- You violate these Terms of Use
- We believe there has been unauthorized use of your access credentials
- You fail to pay any subscription, or similar fees or charges, associated with the use of the Site, the Services, or the Software.
Limitations of Liability
Your use of the Site, or Services is at your risk. The Company does not warrant or represent that any content associated with or used in connection with the Site or Services is factual or error-free, or that the use of such material will not infringe rights of third parties.
The Company does not warrant that the functional aspects of the Site will be error free, or that the Site or the servers that make it available are free of viruses or other harmful components. The Company reserves the right to correct any errors on its website. If your use of the Site, or other content or services, results in the need for servicing or replacing property, material, equipment or data, or results in injury to persons or damage to property, the Company is not responsible for those costs.
Without limiting the foregoing, you acknowledge and agree that everything associated with the Site, and its programs the Software, and the Services, are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
COMPLYKART MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON ITS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, LINKS, OR RESULTS TO BE OBTAINED FROM USING COMPLYKART WEBSITE OR SERVICES. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, COMPLYKART DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SITE OR THE SERVICES.
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, OR AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, USE, OR PROFITS (WHETHER INVOLVING ALLEGATIONS OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE) AND IRRESPECTIVE OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE AND CONTENT.
Without prejudice to the generality of the foregoing, the Company does not warrant that:
- The Site or the Services will be constantly available, or available at all
- That transmission of data to or from the Site will occur at any minimum speed
- The information on the Site is complete, true, accurate, or non-misleading
Except as required by law or otherwise provided below:
To the extent that access to, or use of, the Site, the Software, or the Services is provided to you paid or free-of-charge, the Company shall not be liable to you for any loss whatsoever
These limitations of liability apply even if the Company has been expressly advised of the potential loss.
Nothing on the Site, or in these Terms of Use, constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult the appropriate professional.
Exceptions
Nothing in these Terms of Use will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Nothing in the Site disclaimer will exclude or limit the liability of the Company in respect of any:
Death or personal injury caused by the negligence of the Company or its agents, employees, or shareholders/owners
Fraud or fraudulent misrepresentation on the part of the Company, or matter as to which it would be illegal or unlawful under applicable law for the Company to exclude, limit, or to attempt or purport to exclude or limit its liability.
Reasonableness
By using the Site, you agree that the exclusions and limitations of liability set forth in the Terms of use above are reasonable. If you do not think they are reasonable, you must not use the Site.
Other Parties
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties, and liability set out in the Site disclaimer, will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
Third Party Content
The Company gets some content from third party creators and suppliers who own the rights to that content.
Unless you have permission from the creator or supplier, you agree not to download, cache, reproduce, modify, edit, alter, or enhance any of its content.
THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
User Content
In these Terms of Use, “User Content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you (or third parties acting at your direction) submit to the Site, for whatever purpose, including but not limited to, Business purpose.
You expressly label it “Confidential” at the time of submission, by submitting User Content to the Site you grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such User Content, including but not limited to any proprietary, patented, copyrighted, or otherwise confidential User Content, in any existing or future media. You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You may not submit any User Content to the website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any User Content submitted to the Site, or stored on the servers of the Company, or hosted or published upon the Site. However, the Company does not undertake to monitor the submission of User Content submitted to or published on the Site.
Termination
By The Company
The Company may at any time and without notice terminate your User Account in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties, or obligations under these terms of Use.
The Company may also suspend or terminate your access to the Service if you have not accessed it for ninety (90) or more consecutive days. The Company will provide notice of any such suspension or termination.
By You
You may, at any time, terminate this Agreement by logging into your Membership Account on the Service.
Effect of Termination
Upon any termination of your access to the Site, the Services and/or the Software:
- Your User Account shall be canceled and closed, and your User ID and password shall be deactivated;
- The Company will permanently delete your Documents and User Content.
- Termination of your User Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
Suspension
In lieu of termination, the Company may suspend your User Account at any time and for any length of time. While your User Account is suspended, you may not subscribe to any of the Services.
However, you may continue to access and use your User Account and any services purchased prior to suspension.
Indemnity
You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses, and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Additional Actions By The Company
Without prejudice to the Company’s other rights under these Terms of Use, if you breach these Terms of Use in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.
Variation
The Company may revise these Terms of Use from time to time, with or without prior notice. Revised terms and conditions will apply to the use of the Site from the date of the publication of the revised terms and conditions on the Site. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Company may transfer, sub-contract, or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court, or other competent authority, to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These Terms of Use, together with the Company’s Privacy Policy, constitute the entire agreement between you and the Company in relation to your use of the Site, the Software and the Services and supersede all previous agreements in respect of your use of the Site.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Union of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Union of India.
Purchases
General Terms
COMPLYKART> may provide you with the ability to pay the Fees through a service of third party payment gateways. All subscriptions paid through these third parties are subject to the third party’s Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
Fraud Protections
To protect against potential fraud, COMPLYKART may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount of Rs. 1 (Rupee one) from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. COMPLYKART will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing COMPLYKART with your credit card information, you authorize COMPLYKART to debit and credit your credit card account for an amount of Rupee One for such verification purposes.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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