TERMS OF USE
This website terms of use ("Terms of Use") is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These terms of use does not require any physical, electronic or digital signature.
These Terms of Use of the website located at the Khoji.in ( Website ) is between Khoji InfoTech Private Limited (We/Us/ Khoji InfoTech Private Limited ) and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which we offer you access to the Website and such other services as are incidental and ancillary thereto ("Services").
This Terms of Use is a legally binding document between User and Khoji InfoTech Private Limited. These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between User and Khoji InfoTech Private Limited for the use of the Website (defined below).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
These Terms of Use together with the Privacy Policy and/or any other policies or terms of the Website which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.
IGENERAL
1.1 [Specify Company Details]
1.2 Khoji InfoTech Private Limited is ("Services").
[Legal Comment: The Company may add additional points relating to its business.]
1.3
These
Terms of Use are subject to revision by Khoji
InfoTech Private Limited at any time and hence the Users
are requested to carefully read these Terms of Use from time to time before
using the Website. The revised Terms of Use shall be made available on the
Website. You are requested to regularly visit the Website to view the most
current Terms of Use. In the event such a facility is provided on the Website,
You can determine when Khoji
InfoTech Private Limited last modified any part of the
Agreement by referring to the "Last Updated" legend provided in that
document. It shall be your responsibility to check these Terms of Use
periodically for changes. We
may require you to provide your direct or indirect consent to any update in a
specified manner before further use of the Website and the Services. If no such
separate consent is sought, your continued use of the Website and/or Services,
following such changes, will constitute your acceptance of those changes.
1.4 If there is any conflict:
a. between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;
b. between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
c. between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.
2. SERVICES
2.1 The Website is an electronic platform in the form of a portal that (a) provides a platform for Users _______________________________________, and (b) such other services as are incidental and ancillary thereto.
3. ELIGIBILITY TO USE
3.1 You represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Khoji InfoTech Private Limited and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
3.2 Khoji InfoTech Private Limited reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4. SECURITY
4.1 You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
4.2
Registered
users: Khoji InfoTech Private Limited may make certain sections of the Services
available to You through the Website only if You have Khoji InfoTech Private Limited certain required User information and created
an account and a Khoji InfoTech Private Limited [mention
Organization Name] ID through certain log-in ID and password
("Account"). You may create Your Account on the Website
through logging in by Your third party website user ID and password including
that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries,
Google Inc. or its subsidiaries, twitter or any other social media website or
any other Internet service as permitted on the Website (Khoji InfoTech Private Limited [mention
Organization Name] ID and/or other third party login
identification as provided above are individually and collectively referred to
the "Account Information").
In the event you register as a User by creating an Account in order to avail of
the Services provided by the Website, You will be responsible for maintaining
the confidentiality and security of the Account Information, and are fully
responsible for all activities that occur under Your Account. You agree to (a)
immediately notify [mention Organization Name] Khoji
InfoTech Private Limited of any unauthorized use of Your Account
Information or any other breach of security, and (b) ensure that You exit from
Your Account at the end of each session. Khoji InfoTech Private Limited [Mention
Organization Name] cannot and will not be liable for any loss or
damage arising from your failure to comply with this section. You may be held
liable for losses incurred by Khoji InfoTech Private Limited [mention
Organization Name] or any other user of or visitor to the Website
due to authorized or unauthorized use of Your Account as a result of your
failure in keeping Your Account Information secure and confidential.
You
shall ensure that the Account Information provided by you in the Website's
registration form is complete, accurate and up-to-date. Use of another user's
Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or [mention
Organization Name] Khoji InfoTech Private Limitedhas
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, [Khoji InfoTech Private Limited mention
Organization Name] has the right to suspend or terminate
Your Account and refuse any and all current or future use of the Website /
Services (or any portion thereof).
4.3
Guest users: The Website also allows
limited access to the Services for unregistered Users (also called as 'guest
users'). Such users will be able to browse the Website and use the Services.
However, you will not be provided with access to certain benefits reserved only
for the purpose of registered users. These benefits may change from time to
time. Your provision of, and Khoji InfoTech Private Limited [mention
Organization Name] collection, storage, use, disclosure and
otherwise dealing of such personal information shall be governed by Khoji
InfoTech Private Limited [mention
Organization Name] privacy policy ("Privacy Policy").
5. PAYMENTS
5.1
Presently,
Khoji
InfoTech Private Limited [mention
Organization Name] does not levy any fee for browsing the Website.
Khoji
InfoTech Private Limited [Mention
Organization Name] may charge Users certain fees for the use of
the Website and Services as a whole, or certain features of the Website /
Services. You agree to pay any such fees, as may be applicable to the Services
that you use. Khoji InfoTech Private Limited [Mention Organization
Name] will try to ensure that you are made aware of the
applicability of any fees for a particular use of the Website / Services, as
well as the amount of fees payable by you for any such use of the Website /
Service.
5.2
You
agree that Khoji InfoTech Private Limited [mention
Organization Name] may, at any time, charge, modify or
waive fees required to use the Website. Your continued use of the Website /
Services after such change in the fees will be considered to be your acceptance
of such changes, and the applicability of these Terms of Use to such changes.
5.3
You
agree to provide correct and accurate financial information, such as
credit/debit card details to the approved payment gateway or pre-paid payment
instrument account details for availing Services on the Website. You shall not
use the credit/debit card or pre-paid payment instrument which is not lawfully
owned by you, i.e. in any transaction, you must use your own credit/debit card
or pre-paid instrument account. The information provided by you will not be
utilized or shared with any third party unless required in relation to fraud
verifications or by law, regulation or court order or in accordance with the
terms of the Privacy Policy. You will be solely responsible for the security
and confidentiality of your credit/debit card details or pre-paid instrument
account. [Mention
Organization Name] Khoji InfoTech Private Limited expressly
disclaims all liabilities that may arise as a consequence of any unauthorized
use of your credit/ debit card or pre-paid instrument account.
6. USER OBLIGATIONS
6.1
Khoji InfoTech Private Limited [Mention
Organization Name] grants you a
non-exclusive, non-sub-licensable, non-transferable, revocable, and limited
right to access and use this Website and the Services provided therein.
6.2 You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
6.3
You
agree to adhere to all limitations on dissemination, use and reproduction of
any materials (such as study material if any provided by [Khoji
InfoTech Private Limited mention
Organization Name]) that your access on the Website in accordance
with Clause 7.
6.4
You
agree not to access (or attempt to access) the Website or Services by any means
other than through the interfaces that are provided by Khoji InfoTech Private Limited. [mention
Organization Name]. You shall not use any deep-link, robot, spider
or other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Website or Content (as defined below), or in any way reproduce or
circumvent the navigational structure or presentation of the Website, to obtain
or attempt to obtain any materials, documents or information through any means
not specifically made available through the Website.
6.5 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, you may report such content in the manner prescribed under clause 14 herein.
6.6
The
Website may allow you to post certain content, data or information of Your own,
as well as submit any suggestions, comments, questions or other information to Khoji
InfoTech Private Limited [mention
Organization Name] using the Website / Services (collectively
referred to "User Content"). You, being the originator of the
User Content, are responsible for the User Content that you upload, post,
publish, transmit or otherwise make available on the Website. You represent
that you have obtained all relevant consents and approvals in order to post any
User Content. You further represent that all such User Content will be in
accordance with applicable law. You acknowledge that [mention Organization Name] Khoji
InfoTech Private Limited does not endorse any User Content on the
Website and is not responsible or liable for any User Content. Khoji
InfoTech Private Limited [Mention
Organization Name] reserve the right to disable access to the User
Content on the Website.
6.7 When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
a. belongs to another person and to which the User does not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnicall objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. harms minors in any way;
d. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
e. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
f. infringes any patent, trademark, copyright or other proprietary rights;
g. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
h. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
i. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
j.
attempt
to gain unauthorized access to any portion or feature of the Website, any other
systems or networks connected to the Website, to any Khoji InfoTech Private Limited [mention
Organization Name] server, or to any of the Services offered on
or through the Website, by hacking, password mining or any other illegitimate
means;
k. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
l. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
m.
use
the Website or Content for any purpose that is unlawful or prohibited by the
Agreement, or to solicit the performance of any illegal activity or other
activity which infringes the rights of Khoji InfoTech Private Limited [mention
Organization Name] or other third parties;
n. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
o. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p. violate any applicable laws or regulations for the time being in force within or outside India;
q. violate the terms of the Agreement.
6.8
You
agree that You are solely responsible to Khoji InfoTech Private Limited [mention
Organization Name] and to any third party for any breach of Your
obligations under these Terms of Use or other Agreements and for the
consequences (including any loss or damage which Khoji InfoTech Private Limited [mention
Organization Name] or its affiliates or its vendors may suffer)
for any such breach.
6.9
[Mention
Organization Name] Khoji InfoTech Private Limited has no
obligation to monitor any User Content. However, [mention Organization Name] Khoji
InfoTech Private Limited at its discretion and/or in accordance
with applicable law may monitor any User Content and may remove any User
Content from the Website if [mention Organization Name] Khoji
InfoTech Private Limited determines in its sole discretion that
such User Content is in violation of these Terms of Use or any applicable law.
Where [mention
Organization Name] Khoji InfoTech Private removes Limited removes
any User Content from the Website, [mention Organization Name] Khoji
InfoTech Private Limited will make reasonable efforts to
inform the user who had posted such User Content.
6.10 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.11 You may need to install updates that we or any third party introduce from time to time to use the services, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates").
7. USE OF CONTENT
7.1
Except
as expressly indicated to the contrary in any applicable Additional Service
Terms, [mention
Organization Name] Khoji InfoTech Private Limited hereby
grants You a non-exclusive, revocable and non-transferable right to view,
download and print the Content available on the Website, subject to the
following conditions:
a. You may access and use the Content solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
b. You may not modify or alter Content available on the Website;
c. You may not distribute or sell, license or otherwise make the Content available on the Website available to others; and
d. You may not remove any text, copyright or other proprietary notices contained in the Content available on the Website.
7.2 The rights granted to you in the Content or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3
Any
software that is available on the Website is the property of [Khoji
InfoTech Private Limitedmention Organization Name].
You may not use, download or install any software available at the Website,
unless otherwise expressly permitted by the Agreement or by the express written
permission of [Khoji InfoTech Private Limitedmention
Organization Name].
8. INTELLECTUAL PROPERTY RIGHTS
8.1
The
Website and the processes, and their selection and arrangement, including but
not limited to all text, graphics, user interfaces, visual interfaces, study
material provided under the course, sounds and music (if any), artwork and
computer code (collectively, the "Content") on the Website is
owned and controlled by [mention Organization Name] Khoji
InfoTech Private Limited or its licensors and the design,
structure, selection, coordination, expression, look and feel and arrangement
of such Content is protected by copyright, patent and trademark laws, and
various other intellectual property rights. Through Your use of the Website, by
no means are any rights impliedly or expressly granted to You in respect of
such Content. [mention Organization Name] Khoji
InfoTech Private Limited reserves the right to change or modify
the Content from time to time at its sole discretion.
8.2
The
trademarks, logos and service marks displayed on the Website ("Marks")
are the property of [mention Organization Name] Khoji
InfoTech Private Limited or respective third parties. You are not
permitted to use the Marks without the prior consent of [mention Organization Name] Khoji
InfoTech Private Limited or the third party that may own the Marks.
8.3
Unless
otherwise indicated or anything contained to the contrary or any proprietary
material owned by a third party and so expressly mentioned, [mention Organization Name] Khoji
InfoTech Private Limited owns all intellectual property rights to
and into the trademark " [mention Organization Name] Khoji
InfoTech Private Limited", and the Website, including,
without limitation, any and all rights, title and interest in and to copyright,
related rights, patents, utility models, designs, know-how, trade secrets and
inventions (patent pending), goodwill, source code, meta tags, databases, text,
content, graphics, icons, and hyperlinks.
8.4
Except
as expressly provided herein, You acknowledge and agree that You shall not
copy, republish, post, display, translate, transmit, reproduce or distribute
any Content through any medium without obtaining the necessary authorization
from [mention
Organization Name] Khoji InfoTech Private Limited or
thirty party owner of such Content.
9. THIRD PARTY CONTENT
9.1
General
third party information as well as blogs such as, specifications, reports on
news, entertainment, technology and features, advertisements including videos,
images and photographs of the products, links to third party websites and other
data from external sources is made available on the Website ("Third
Party Content"). You acknowledge that the Third Party Content provided
to you is obtained from sources believed to be reliable. All Third Party
Content is provided on an 'As Is' basis. [Mention Organization Name] Khoji
InfoTech Private Limited does not provide any guarantee with
respect to the accuracy, title, non-infringement or fitness for a particular
purpose of any Third Party Content. [Mention Organization Name] Khoji
InfoTech Private Limited shall not be held liable for any loss
suffered by you based on your reliance on or use of such Third Party Content.
9.2
In
the event any Third Party Content contains links to third party websites, and
you visit any such external link, you agree to do so at your own risk,
responsibility and liability. [Mention Organization Name] Khoji
InfoTech Private Limited makes no warranty or representation
regarding, and does not endorse, any website linked to the Website / Services
or the information appearing thereon or any of services described thereon.
10. DISCLAIMER OF WARRANTIES & LIABILITY
10.1
The
Website, Services, Content, User Content and any Third Party Content are
provided by [mention Organization Name] Khoji
InfoTech Private Limited on an "as is" basis without
warranty of any kind, express, implied, statutory or otherwise.
10.2
To
the maximum extent permitted by applicable law, [mention Organization Name] Khoji
InfoTech Private Limited will have no liability related to
User Content and / or Third Party Content arising under intellectual property
rights, libel, privacy, publicity, obscenity or other laws. [Mention Organization Name] Khoji
InfoTech Private Limited also disclaims all liability with
respect to the misuse, loss, modification or unavailability of any User Content
and / or Third Party Content.
10.3
You
expressly understand and agree that, to the maximum extent permitted by
applicable law [mention Organization Name] Khoji
InfoTech Private Limited will not be liable for any loss that You
may incur as a consequence of unauthorized use of Your Account or Account
Information in connection with the Website or any Services, either with or
without your knowledge.
10.4
[mention
Organization Name] Khoji InfoTech Private Limited has
endeavored to ensure that all the information on the website is correct, but [mention
Organization Name] Khoji InfoTech Private Limited neither
warrants nor makes any representations regarding the quality, accuracy or
completeness of any data, information, or service. [mention Organization Name] Khoji
InfoTech Private Limited shall not be responsible for the
delay or inability to use the Website or related functionalities, the provision
of or failure to provide functionalities, or for any information, software,
functionalities and related graphics obtained through the Website, or otherwise
arising out of the use of the Website, whether based on contract, tort,
negligence, strict liability or otherwise. Further, [mention Organization Name] Khoji
InfoTech Private Limited shall not be held responsible for
non-availability of the Website during periodic maintenance operations or any
unplanned suspension of access to the Website that may occur due to technical
reasons or for any reason beyond [mention Organization Name] Khoji
InfoTech Private Limited' control. The User understands and agrees
that any material or data downloaded or otherwise obtained through the Website
is done entirely at their own discretion and risk and they will be solely
responsible for any damage to their computer systems or loss of data that
results from the download of such material or data. [Mention Organization Name] Khoji
InfoTech Private Limited is not responsible for any
typographical error leading to an invalid coupon. [Mention Organization Name] Khoji
InfoTech Private Limited accepts no liability for any errors
or omissions, with respect to any information provided to you whether on behalf
of itself or third parties.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
11.1
You
agree to indemnify, defend and hold harmless [Khoji InfoTech Private Limited mention
Organization Name], its subsidiaries, affiliates, vendors,
agents and their respective directors, officers, employees, contractors and
agents (herein after individually and collectively referred to as "indemnified
parties") from and against any and all losses, liabilities, claims,
suits, proceedings, penalties, interests, damages, demands, costs and expenses
(including legal and other statutory fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or incurred by the
indemnified parties that arise out of, result from, or in connection with (i)
Your breach of the Agreement(s); or (ii) any claims made by any third party due
to, or arising out of, or in connection with, Your use of the Website; or (iii)
any claim that any Third Party Content / content, information or materials
provided by You caused damage to a third party; or (iv) Your violation of any
rights of another, including any intellectual property rights.
11.2
We
may notify you of any claims which you shall be liable to indemnify us against.
You will then be required to consult with [mention Organization Name] Khoji
InfoTech Private Limited regarding the course of action to
be undertaken in defending such a claim. Further, you shall not compromise or
settle any claim or admit any liability or wrongdoing on the part of [mention
Organization Name] Khoji InfoTech Private Limited without
the express prior written consent of [mention Organization Name] Khoji
InfoTech Private Limited which can be withheld or denied
or conditioned by [mention Organization Name] Khoji
InfoTech Private Limited in its sole discretion.
11.3
Notwithstanding
anything to contrary in the Agreement(s), [mention Organization Name] Khoji
InfoTech Private Limited entire and aggregate liability to You
under and in relation to these Terms of Use or otherwise shall not exceed the
greater of the amount You have paid as fees/charges to [mention Organization Name] Khoji
InfoTech Private Limited for its Services or Indian Rupees
________________________ (INR ________________________).
11.4
Notwithstanding
anything to contrary in the Agreement(s), in no event shall [mention Organization Name] Khoji
InfoTech Private Limited, its subsidiaries or affiliates and their
respective officers, directors, employees, partners or suppliers be liable to
You for any special, incidental, indirect, consequential, exemplary or punitive
damages whatsoever, including those resulting from loss of use, data or
profits, whether or not foreseeable or whether or not [mention Organization Name] Khoji
InfoTech Private Limited has been advised of the possibility of
such damages, or based on any theory of liability, including breach of contract
or warranty, negligence or other tortious action, or any other claim arising
out of or in connection with Your use of or access to the Website, Services or
Content.
12. TERMS
12.1 Search by Identity:
a) Users may search for individuals using various identity documents such as Aadhar, PAN, Driving License, Voter ID, Gold HUID, and Vehicle Number.
b) Information displayed to the searcher will only be shown if it is maintained in the database of the portal, based on user uploads.
c) If an identity document is associated with a missing person report, the displayed information related to that identity will be tagged as missing, including full name, age, gender, uploader name, contact information, and uploader address.
d) Alternatively, if a user performs Aadhar KYC on the portal and saves these identities in the ID section, the displayed information will include name, age, gender, and contact information provided by the uploader.
12.2 Search by Face Match:
a) Searchers can check the result with a real photo of a person to find probable face matches within the portal's database.
b) Information displayed includes the name, age, gender, uploader name, and contact number of the matched person, but only if the face is available in the database in an active condition.
12.3 Search Missing Person through Filter:
a. Users can search for missing persons by filling in information such as name, age band, gender, state, etc.
b. Probable matches meeting the specified criteria will be fetched from the database, but there will be a limit to the number of probable matches displayed on the screen.
12.4 Search Unknown Person through Filter:
a) Similar to searching for missing persons, users can search for unknown persons by specifying certain criteria.
b) Probable matches meeting the specified criteria will be fetched from the database, with a limit to the number of probable matches displayed on the screen.
12.5 User Responsibilities:
a) Users uploading data, whether for missing persons or identity verification, must ensure the accuracy and legality of the information provided.
b) Users must adhere to the terms and conditions regarding the usage of personal data uploaded to the portal, ensuring compliance with privacy regulations and obtaining necessary consents.
12.6
Notwithstanding
the foregoing, these such terms of this Agreement as are meant to survive
termination / expiry of this Agreement, will survive indefinitely unless and
until [mention
Organization Name] Khoji InfoTech Private Limited
chooses to terminate them.
13. GOVERNING LAW AND JURISDICTION
13.1
These
Terms of Use and all transactions entered into on or through the Website and
the relationship between you and [mention Organization Name] Khoji
InfoTech Private Limited shall be governed in accordance
with the laws of India without reference to conflict of laws principles.
13.2
You
agree that all claims, differences and disputes arising under or in connection
with or in relation hereto the Website, these Terms of Use, the Agreement(s) or
any transactions entered into on or through the Website or the relationship
between You and [mention Organization Name] Khoji
InfoTech Private Limited shall be subject to the exclusive
jurisdiction of the courts at [●], India and You hereby accede to and
accept the jurisdiction of such courts. Each party hereby irrevocably waives
any objection which such party may now or hereafter have to the laying of
improper venue or forum non convenient. Each party agrees that a judgment in
any such action or proceeding may be enforced in other jurisdictions by suit on
the judgment or in any manner provided by law. Any and all service of process
and any other notice in any such suit, action or proceeding with respect to
this Agreement shall be effective against a party if given as provided herein.
14. REPORT ABUSE AND TAKE DOWN POLICY
14.1
In
the event you come across any abuse or violation of these Terms of Use or if you
become aware of any objectionable content on the Website, or if you believe
your intellectual property rights have been violated in any manner through the
Website, please inform [mention Organization Name] Khoji
InfoTech Private Limited on the contact details available
on the Website.
15. COMMUNICATIONS
15.1
When
you use the Website or send emails or other data, information or communication
to us , you agree and understand that you are communicating with [mention
Organization Name] Khoji InfoTech Private Limited through
electronic records and you consent to receive communications via electronic
records from [mention Organization Name] Khoji
InfoTech Private Limited periodically and as and when
required. [Mention Organization Name] Khoji
InfoTech Private Limited will communicate with you by
email or by notices on Website or electronic records on the Website or on your
mobile number which will be deemed adequate service of notice/electronic record
to the maximum extent permitted under any applicable law.
16. GENERAL PROVISIONS
16.1
Notice:
All notices with respect to these Terms of Use will be served to you by email
or by general notification on the Website. Any notice provided to [mention
Organization Name] Khoji InfoTech Private Limited pursuant
to these Terms of Use should be sent to the Grievance Officer at [●].
[Legal Comment: The Company to appoint a grievance officer and add his/her details.]
16.2
Assignment:
You cannot assign or otherwise transfer the Agreements, or any rights granted
hereunder or any obligations, to any third party and any such assignment or
transfer or purported assignment or transfer shall be void ab initio. Khoji
InfoTech Private Limited [Mention Organization Name]
rights and/or obligations under the Agreement are freely assignable or
otherwise transferable to any third parties without the requirement of seeking
your prior consent.
16.3
Severability:
If, for any reason, a court of competent jurisdiction finds any provision of
the Agreement, or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to give effect to the intent
of the parties as reflected by that provision, and the remainder of the
Agreement shall continue in full force and effect. [Mention Organization Name] Khoji
InfoTech Private Limited may amend in a reasonable manner
such provision to make it enforceable and such amendment will be given effect
in accordance with the amendment terms of these Terms of Use.
16.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
16.5
Principal
to Principal Relationship: You and [mention Organization Name] Khoji InfoTech
Private Limited are independent contractors, and nothing in
these Terms of Use will be construed to create a partnership, joint venture,
association of persons, agency (disclosed or undisclosed), franchise, sales
representative, or employment relationship between you and [mention
Organization Name] Khoji InfoTech Private Limited.
16.6
Grievance Officer: In compliance
with Information Technology Act, 2000 and the rules made thereunder, the
Grievance Officer of [mention Organization Name] Khoji
InfoTech Private Limited for the purpose of this Agreement
shall be [●] with email address: [●]. We may change the aforesaid
details from time to time under intimation to you.
[Legal Comment: The Company to appoint a grievance officer and add his/her details.]
16.7 Disclaimer: The website expressly disclaims any responsibility for the accuracy, legality, or appropriateness of pictures uploaded by users and does not guarantee the identification or location of the same person based on user-uploaded pictures. Users understand and acknowledge that the website's functionalities, including but not limited to identity verification, missing person searches, and face matching, may not always result in accurate or successful outcomes. Users agree to use the website's services at their own risk and understand that the website shall not be liable for any discrepancies, inaccuracies, or failures in identifying or locating individuals based on user-uploaded pictures. [Name of the Entity] maintains this website to provide information to the internet community. The information provided here may change from time to time without any prior notice. All the information is provided by [Website Name] is for general purpose only and is the property of [Owner Name]. We give our full efforts to keep the information on the website updated and correct. There is no type of representation made from us nor do we provide any warranties of any kind, whether express or implied, in relation to the accuracy, availability, suitability, reliability with respect of the information, product, services, or related matter contained on the website. Therefore the information used by you is solely at your own risk. We shall not be responsible or liable in any case for any loss or damage including indirect or consequential loss or damage, or any loss or damage whatsoever caused due from loss of data or profits arising out of, or in connection with, the use of this website. You can also visit or link to other website which is not our property when you are using our website. We have no control nor will we be responsible over the nature, content displayed and availability of information of those sites. The inclusion of any links which are displayed on our website does not mean that we are recommending or promoting the views expressed within them. We are trying our best to keep the website up and function smoothly. However, [Business Name] is not liable or responsible for the website being unavailable for a temporary period due to some technical problems which cannot be controlled by us.
16.8 Cookies Policy: Our website utilizes cookies, which are small text files stored on your device, to enhance your browsing experience, personalize content and advertisements, analyse website traffic and trends, and improve overall site functionality. These cookies may be first-party cookies, set by us, or third-party cookies set by third-party service providers for analytics, advertising, and other purposes. By continuing to use our website, you consent to the use of cookies as described in our privacy policy. You have the option to manage cookie preferences through your browser settings, where you can choose to accept, reject, or delete cookies. Please note that disabling certain cookies may impact the functionality and usability of our website, and opting out of personalized advertising cookies does not mean you will not see advertisements, but they may be less relevant to your interests. For more information on how we use cookies and how you can manage your preferences, please refer to our privacy policy.