KAB.Team Terms and Conditions
Effective Date: July 28, 2022
This document describes the terms and conditions under which KIWIS AND BROWNIES IT SOLUTIONS INDIA PRIVATE LIMITED ("KAB Team", "we", "us", "our") offers access to and use of our online software as a service and related services (collectively, the "Service"). Please read these Terms and Conditions carefully before using the Service.
By using the Service, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Service.
We may modify these Terms and Conditions from time to time, and will post the revised Terms and Conditions on the Service. By continuing to use the Service after the effective date of such modifications, you agree to be bound by the revised Terms and Conditions.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Service at any time without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
We may terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms and Conditions or your account (if you have one), you may simply discontinue using the Service.
We reserve the right to investigate suspected violations of these Terms and Conditions, including without limitation any violation arising from any submission, posting or e-mails you make or send to us. We may seek to gather information from the user who is suspected of violating these Terms and Conditions and from any other user. We may suspend any users whose violations we believe to be ongoing or material while we conduct any such investigation. You agree to cooperate fully with any such investigation. We may also consult and cooperate with law enforcement authorities in investigating these suspected violations.
Our failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.
These Terms and Conditions are the entire and exclusive agreement between KAB Team and you regarding the Service (excluding any services for which you have a separate agreement with KAB Team that is explicitly in addition or in place of these Terms and Conditions), and these Terms and Conditions supersede and replace any prior agreements between KAB Team and you regarding the Service.
Nothing in these Terms and Conditions shall be deemed to confer any third party beneficiary rights.
You agree that the Service shall be deemed solely based in India. These Terms and Conditions shall be governed by the laws of India, without regard to its conflict of law provisions.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.Mediation:
In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.Arbitration:
In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members − one appointed by each party and the third member to be nominated by the two appointed members by mutual consent.
The arbitrator will decide the substantive rights of the parties. The arbitration will award the prevailing party, if any, the costs incurred for attorneys' fees, expert witness fees and arbitration filing fees. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
This arbitration agreement shall survive the termination of these Terms and Conditions.
KAB Team may provide notices to you under these Terms and Conditions by: (1) sending a message to the e-mail address you provided, (2) posting to the Service, or (3) displaying notices or links to notices generally on the Service. You agree that KAB Team has provided you with adequate notice of the nature of the notices by displaying notices generally on the Service.
You acknowledge and agree that KAB Team owns all rights, title and interest in and to the Service, including without limitation all intellectual property rights. These Terms and Conditions do not grant you any right, title or interest in or to the Service or any content, features or materials made available through the Service.
The Service is protected by copyright, trademark, and other laws of India and foreign countries. Except as expressly provided in these Terms and Conditions, KAB Team and its licensors exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You acknowledge that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms and Conditions, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms and Conditions.
The KAB Team name, logo, and the product names associated with the Service are trademarks of KAB Team or its affiliates or licensors, and you may not display or use such marks in any manner without the prior written permission of KAB Team.
The Service is made available to you on a subscription basis. You agree to pay all fees associated with your use of the Service (the "Fees"). The Fees are subject to change at any time, at our sole discretion. We will provide you with reasonable advance notice of any change in the Fees.
Unless otherwise stated, all Fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes, including without limitation, sales, use, value added, excise, customs, import, and export taxes, duties, and fees.
Your subscription to the Service will automatically renew at the end of the subscription period, unless you cancel your subscription prior to the end of the subscription period. If you cancel your subscription, you will not be entitled to a refund of any Fees paid.
All payments will be processed by our third-party payment processor. You agree to be bound by the terms and conditions of our third-party payment processor.
You represent and warrant that: (a) all registration information you submit to KAB Team is accurate, current, and complete; (b) you will maintain the accuracy, current, and completeness of such information; and (c) you have the legal right and capacity to agree to these Terms and Conditions.
You are responsible for safeguarding your password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by KAB Team of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
KAB Team makes no representation or warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and that any errors in the Service will be corrected.
KAB Team disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
KAB Team makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Service.
You understand and agree that your use of the Service and any content made available through the Service is at your own risk and that the Service is provided "as is" and "as available".
KAB Team does not warrant that the Service will operate in an uninterrupted or error-free manner or that the Service is free of viruses or other harmful components. Use of information obtained from or through the Service is at your own risk, and KAB Team disclaims any and all liability arising from such use. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
KAB Team will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
KAB Team will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, even if KAB Team has been advised of the possibility of such damages, resulting from: (a) your use or inability to use the Service; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) or any other matter relating to the Service.
In no event will KAB Team's liability to you exceed the total amount of Fees paid by you to KAB Team in the twelve (12) months preceding the event giving rise to such liability.
The Service is controlled and operated from India, and KAB Team makes no representation that the Service is appropriate or available for use in other locations. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
You may not use the Service if you are a person barred from receiving the Service under the laws of India or other countries including the country in which you are resident or from which you use the Service.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KAB Team without restriction.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.