KELKAR KUL SAMVARDHAN FOUNDATION
H.No.723/1/14, Suvarngud App, Rajendranagar, Sadashiv Peth, Pune, 411030
CIN: U85300PN2022NPL214240
Email: kelkarkulsamvardhan@gmail.com | Telephone No: 020-29707206
Website Terms of Use Agreement
1. Introduction. Welcome to Kelkar Kul Website. ("Kelkar Kul Samvardhan Foundation",
"Our", "We" or "KKSF"). This Website Terms of Use Agreement ("Agreement") sets forth
the legal terms that govern the user's ("User", "You", or "Your") use of Our website,
www.kelkarkul.org ("Website") or any of our affiliated websites ("Affiliated Websites").
Please save a copy of this Agreement for Your personal records. By accessing or using the
Website, You are acknowledging that You have read, understood, and agreed, to be bound by
this Agreement and Our Privacy Policy (incorporated into this Agreement by this reference)
without limitation or qualification.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES,
AND OBLIGATIONS, INCLUDING DISPUTE RESOLUTION CLAUSES AND
LIABILITY LIMITATIONS AND EXCLUSIONS.
2. Modification. From time to time, with or without Your consent, We may unilaterally amend,
modify, or change this Agreement, in Our sole discretion and without any notice or cause. By
continuing to use the Website after any amendment, modification, or change, You have
agreed to be bound by all such amendments, modifications, and changes. Therefore, please
carefully review this Agreement on a regular basis to maintain awareness of all amendments,
modifications, and changes.
3. Eligibility. Anyone who agrees to this Agreement and Our Privacy Policy and continues to
abide by the terms therein is eligible to use the Website. If you access the Website or its
services from outside India, then be aware that, under this Agreement, Indian laws apply to
KKSF and its affiliates, agents, owners, employees, contractors, representatives, successors,
and assigns (collectively, "KKSF and its Related Parties"), to the Website, to any Affiliated
Websites, and to all of its services, as opposed to any foreign or regional law that may relate
to intellectual property rights, privacy rights, collection of data, or other rights.
4. Proprietary Rights in Website Content; Limited License to Access and Use Website. All
content that is on the Website or that is available through the Website or any of the Affiliated
Websites, including all designs, text, graphics, pictures, video, information, applications,
software, music, sound, and other files and their selection and arrangement (collectively, "Website
Content"), is the exclusive proprietary property of KKSF and its Related Parties, with all rights
reserved by KKSF and its Related Parties. No Website Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted,
transmitted, or sold in any form or by any means, in whole or in part, without Our prior written
consent, which may be withheld in Our sole discretion, except with respect to any of Your
Provider Content (as defined in Section 8) that You post on the Website in accordance with the
terms of this Agreement and Our Privacy Policy. For so long as You are eligible to use the
Website and You act in accordance with the terms of this Agreement: (i) You are granted a limited
license to access and use the Website solely for Your personal non-commercial use; and (ii) You
are granted a limited license to access, use, download, or print a copy of any portion of the
Website Content to which You have properly gained access solely for Your personal
non-commercial use. Except for Your Provider Content, if any, You must not upload or republish
any Website Content on any Internet, Intranet, or Extranet site & you must not incorporate any
related information into any other database or compilation; and, any other use of the Website
Content is strictly prohibited. Such limited license is subject to all terms of this Agreement. We
may take any legal action in connection with any violation of this Agreement. Any use of the
Website or of the Website Content, other than as may be specifically authorized herein, without
Our prior written consent (which may be withheld in Our sole discretion), is strictly prohibited
and will automatically and immediately terminate all licenses granted by KKSF herein. Such
unauthorized use might also violate applicable laws, including copyright or trademark laws and
communications statutes and regulations. Unless explicitly stated herein, nothing in this
Agreement may be construed as conferring any license to any intellectual property right, whether
by estoppels, implication, or otherwise. At any time and from time to time, and without Your
consent, We may unilaterally revoke any license that we grant, in Our sole discretion and without
any notice or cause.
5. Code of Conduct. KKSF and its Related Parties are not liable for Your conduct or the
conduct of any third party. You are prohibited from using the Site to post or transmit any
material which is or may be infringing, threatening, false, misleading, inflammatory, libelous,
invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material
that could constitute or encourage conduct that would be considered a criminal offence,
violate the rights of any party or which may otherwise give rise to civil liability or violate any
law.
6. Trademarks. All Website Content and all product names, trademarks, service marks, and
logos provided by KKSF and its Related Parties on the Website are wholly owned or validly
licensed by KKSF and its Related Parties. All product names, trademarks, service marks, and
logos owned by third parties remain the property of such third parties.
7. Privacy Policy. We have confidentiality policies in Our online Privacy Policy, which is fully
incorporated herein by this reference. By continuing to use the Website, You agree to be
bound by Our
Privacy Policy and all future amendments, modifications, and changes thereto.
8. Third Party Websites and Content. The Website may contain, or You may be sent through
the Website, links to other websites and ads ("Third Party Websites"), as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties ("Third
Party Applications, Software, or Content"). Such Third Party Websites and Third Party
Applications, Software, or Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by KKSF. KKSF is not responsible for any Third Party
Websites accessed through the Website or for any Third Party Applications, Software, or
Content posted on, available through, or installed from the Website, including any content,
opinions, privacy practices, or other policies contained in any Third Party Websites or Third
Party Applications, Software, or Content. The inclusion of, linking to, or installation of any
Third Party Websites or any Third Party Applications, Software, or Content does not imply
any approval or endorsement thereof by KKSF. If You decide to leave the Website and access
the Third Party Websites or to use or install any Third Party Applications, Software, or
Content, then You do so at Your sole risk and cost. You should review the applicable terms
and policies, including privacy and data gathering practices, of any Third Party Websites to
which You navigate from the Website or include with any application You use or install from
the Third Party Websites.
9. Disclaimer.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE
OF THE WEBSITE IS AT YOUR SOLE RISK.TO THE FULLEST EXTENT
PERMITTED BY LAW, KKSF AND ITS RELATED PARTIES DISCLAIM ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
COMPATIBILITY, SECURITY,ACCURACY, NONINFRINGEMENT, AND
USEFULNESS, WITH RESPECT TO ANY SERVICE, THE WEBSITE, ANY WEBSITE
CONTENT, OR ANY INFORMATION CONTAINED ON THE WEBSITE
(COLLECTIVELY, "WORKS").THE WORKS ARE PROVIDED "AS IS" AND "AS
AVAILABLE." YOU RELY ON THE WORKS SOLELY AT YOUR OWN RISK. WE DO
NOT REPRESENT OR WARRANT THAT ANY WORKS WILL BE UNINTERRUPTED
OR ERROR-FREE. THERE COULD BE DELAYS, OMISSIONS, INTERRUPTIONS, OR
INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE
AVAILABLE ON OR THROUGH THE WORKS.YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING
FROM YOUR DOWNLOADING OR USE OF THE WORKS. ALTHOUGH WE MAY
TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND
OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE WORKS, WE DO NOT
GUARANTEE, REPRESENT, OR WARRANT THAT THE WORKS OR MATERIALS
THAT MAY BE DOWNLOADED FROM THE WORKS ARE FREE OF SUCH
DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM
ATTRIBUTABLE TO ANY OF THE FOREGOING.
10. LIMITED LIABILITY. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT
KKSF AND ITS RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY,
LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS
FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE,
OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE,
THAT ARISES OUT OF OR RELATES TO (A) THIS AGREEMENT, (B) YOUR USE OR
INABILITY TO USE THE SERVICE, (C) YOUR USE OF ANY INFORMATION, (D)
ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR
DATA, OR (E) ANY ACTION OR INACTION OF ANY OTHER USER.YOU DO
HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING,
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS
ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OR
INABILITY TO USE THE SERVICE, (III) YOUR USE OF ANY INFORMATION, (IV) ANY
UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA,
OR (V) ANY ACTION OR INACTION OF ANY OTHER USER IS LIMITED TO THE
SUM CALCULATED BY AUTHORISED SIGNATORY. SOME JURISDICTIONS DO NOT
ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND,
IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Indemnification. You agree to indemnify and hold harmless KKSF and its Related
Parties from all Claims that arise out of or relate to (i) this Agreement, (ii) Your use or
inability to use the Services or Works, (iii) Your use of any information, (iv) any
unauthorized access or alteration of Your transmission or data, (v) any action or inaction
by any other User.
12. Choice of Law; Dispute Resolution. This Agreement is governed by, and must be
construed and enforced in accordance with, the laws of the State of Maharashtra,
excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i)
the prevailing party is entitled to its costs, expenses, and reasonable attorney fees
(whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the
dispute, in addition to all other damages or awards to which the party may be entitled; (ii)
each party consents to the jurisdiction of the courts of Maharashtra and agrees that those
courts have personal jurisdiction over each party; (iii) venue must be in Pune; and (iv) the
parties must submit the dispute to mandatory mediation held in Pune. Every mediation
must be completed within 4 months of the date when the initial notice demanding
mediation was provided by any party. If, for any reason, the dispute is not resolved
through mediation within the 4-month period, then the parties may continue seeking to
resolve the dispute by use of any process, including litigation by trial.
13. Waiver. No waiver of any breach of any provision of this Agreement is a waiver of any
other breach or of any other provision of this Agreement. The terms of this Agreement
may be waived or amended only in writing and only by the party that is entitled to the
benefits of the term being waived or amended.
14. Cumulative Remedies. All rights and remedies granted under or referred to in this
Agreement are cumulative and nonexclusive, and resort to one does not preclude resort to
another or to any other right or remedy provided by law
15. Final Agreement. This Agreement contains the complete, final, and exclusive integrated
agreement between the parties with respect to its subject matter. This Agreement
supersedes all other prior agreements, written or oral, relating to such subject matter. At
any time and from time to time, and without Your consent, We may unilaterally amend or
modify this Agreement, in Our sole discretion and without any notice or cause.
16. Representations. Each party ("Promising Party") represents and warrants to the other
party that: (i) the Promising Party has the legal power and authority to enter into this
Agreement and to undertake and perform all of its duties and obligations hereunder; (ii)
there is no contract or other legal obligation that prevents the Promising Party from
entering into this Agreement or from undertaking or performing all of its duties and
obligations hereunder; and (iv) this Agreement is the Promising Party's legally binding
and fully enforceable agreement.
17.Electronic Communications. When You visit the Website or send emails to KKSF, You
are communicating with KKSF electronically. As a result, You thereby consent to receive
communications from KKSF electronically. We will communicate with You by email or by
posting notices on the Website. You agree that all agreements, notices, disclosures, and other
communications that We provide to You electronically or post on the Website satisfy any
legal requirement that such communications be in writing.
18.Contract Interpretation. The headings in this Agreement do not affect the interpretation of
this Agreement. "Or" is not exclusive in its meaning. "Including" means "including, but not
limited to." "Herein," "hereunder," and other similar terms refer to this Agreement as a whole
and are not limited to the specific section on paragraph where they appear. Plural terms refer
to all members of the relevant class, and singular terms refer to one or more members of the
relevant class. All pronouns include the masculine, feminine, and neuter pronoun forms. All
schedules and exhibits referred to herein are hereby incorporated by reference.
19. Notices. You may contact KKSF by writing, calling, or emailing KKSF at the address :
kelkarkulsamvardhan@gmail.com