Terms of Service
Kerala Global Dot Com TERMS
OF SERVICE
Kerala Global Dot Com provides
"The User" with access to its content, resources, tools
for communication, public forums, commerce platforms, and other
services through the website "www.keralaglobal.com", "The
Service". Kerala Global Dot Com provides the service to the
user free of charge. Kerala Global Dot Com may in future charge
the user a fee for the use of any of the services offered. Kerala
Global Dot Com provides its service to the user, subject to the
following Terms of Service Kerala Global Dot Com is not responsible
for providing you access facilities or equipment (in any form) to
its service. You, "The User", also comprehend and concur
that 'The Service' may include advertisements and sponsorships and
that these are necessary for Kerala Global Dot Com to provide 'The
Service'. You also comprehend and agree that Kerala Global Dot Com
makes no submission about the suitability, reliability, availability,
timeliness, accuracy of the information, products, services and
related graphics contained within "The Service" for any
purpose. "The Service" is provided "as is" without
warranty of any kind. Kerala Global Dot Com hereby disclaim all
warranties and conditions with regard to "The Service".
ACKNOWLEDGMENT AND ACCEPTANCE
OF TERMS OF SERVICE
"The Service" is
provided to you, "The User", under the terms and conditions
and any amendments thereto and any operating rules or policies that
may be published from time to time by Kerala Global Dot Com as part
of the Terms of Service. The Kerala Global Dot Com Terms of Service
comprises the entire agreement between the User and Kerala Global
Dot Com and supersedes any prior agreements pertaining to the subject
matter contained herein. BY COMPLETING THE REGISTRATION PROCESS
AND CLICKING THE "SUBMIT" BUTTON, YOU ARE AGREEING TO
BE BOUND BY THE Kerala Global Dot Com Terms of Service.
MODIFICATION OF THESE TERMS
OF USE
Kerala Global Dot Com reserves
the right to change any of the terms, conditions, and notices under
which "The Service" are offered. You are responsible for
regularly reviewing these terms and conditions including changes/modifications
if any incorporated by us from time to time. Your continued use
of 'The Service' constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION TO 'THE SERVICE'
Kerala Global Dot Com reserves
the right to modify or discontinue, temporarily or permanently,
'The Service' (or any part of 'The Service') with or without notice
to the user at any time and from time to time. 'The User' agrees
that Kerala Global Dot Com shall not be liable to the User or any
third-party for any modification or discontinuance of the Service.
USER CONDUCT
"The Service" may
include e-mail services, message boards, chat areas, news groups,
forums, communities and/or other message or communication facilities
designed to enable you to communicate with others (collectively,
"Tools for Communication"). You agree to use the Tools
for Communication only to post, send and receive messages and material
that are proper and, when applicable, related to the particular
tool for Communication. You also hereby agree that you shall not
make use of "The Service" for any commercial purpose other
than the permitted e-commerce sections.
Registration Obligations
As a condition of your use
of "The Service" you, 'The User' agree to provide:
- true, accurate, current
and complete information about yourself as required by the Service's
registration form (such data being the "Registration Information
")
- maintain and promptly
update the Registration Information to keep it accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, Kerala Global Dot Com has the right
to terminate the user account and refuse any and all current or
future use of 'The Service'.
- Kerala Global Dot Com
the right to use / disclose the aggregate registration information
to third parties in connection with marketing of services. You
have also consented Kerala Global Dot Com the right to use your
registration information to provide targeting of advertising and
other service offers. This could be also be used to customise
the content you see, to fulfill your requests for certain products
and services and to contact / intimate you about special offers
or new products. Usage Obligations As a condition of your use
of "The Service" you will not use "The Service"
for any illegal purposes. You will be solely responsible for the
contents of transmissions made by you through "The Service".
We may serve advertisements
to this site or work with a third party to serve the advertisements.
Advertisements placed on the site may include but are not limited
to banner ads, paid links, pop-up windows, buttons, and sponsorships.
You agree that Kerala Global Dot Com has the right to run such advertisements
and promotions.
Privacy protection is our
number one priority. Kerala Global Dot Com uses the patent-pending
"dual blind" privacy protection technology which allows
Kerala Global Dot Com to customize ads for User's browser without
ever knowing User's name, address, social security number, telephone
number or any other personally identifiable information. It's completely
anonymous. And Kerala Global Dot Com does not store any data that
is considered sensitive or controversial (specific medical and financial
information, adult content, sexual preference, etc.)
Kerala Global Dot Com has
some of the most privacy-safe technologies and policies on the Internet.
We can deliver targeted advertising to your browser -- offers and
opportunities of interest to you -- without ever knowing your identity.
But we believe the most important privacy safeguard is consumer
choice. If you don't want to be part of our advertising services,
we give you the power to "opt-out" at any time.
Kerala Global Dot Com and/or
third parties may, from time to time, send email messages to Users
containing advertisements, special promotions, and other marketing
materials ("Email Marketing Programs") based on the agreed
terms between Kerala Global Dot Com and its selected partner(s).
Kerala Global Dot Com also offers Users permission-based email services.
Users must decide to "opt-in" to our email services during
the registration process or through a link on the Kerala Global
Dot Com site before they receive any email services, newsletters,
special promotions or other marketing materials ("Opt-In Email
Programs"). Kerala Global Dot Com has the right to partner
with any email marketers to provide these Email Marketing Programs
or Opt-In Email Programs.
You agree not to use "The
Service" to:
- Obstruct or hinder the
use and enjoyment of "The Service" by other Users;
- Intentionally or unintentionally
violate any applicable local, state, national, and international
laws and regulations; including, but not limited to, any rules
of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
- Impersonate any person
or entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- Interfere with or disrupt
the Service or servers or networks connected to the Service, or
defy any requirements, regulations or guidelines of networks connected
to "The Service";
- Transmit or otherwise
make available any material in connection with surveys, chain
letters, junk email, spamming, contests, pyramid schemes, or any
duplicative or unsolicited messages (commercial or otherwise);
- Upload, post, email, transmit
or otherwise make available any content that is unlawful, damaging,
intimidating, hostile, offensive, harassing, defamatory, improper,
obscene, vulgar, invasive of another's privacy, caste related,
ethnically or otherwise objectionable;
- Upload, post, email, transmit
or otherwise make available any content protected by any patent,
trademark, copyright or other intellectual proprietary laws unless
you own or control the rights thereto or have received all necessary
consents to do the same;
- Upload files that contain
viruses, worms, corrupted files or any other similar software
or programs designed to disrupt, damage or limit the operation
of any computer or telecommunications equipment or property of
another;
- "Stalk" or otherwise
harass other users; collect or store personal data about other
users.
- Advertise, Promote or
offer to sell or buy any goods or services for any business purpose
unless The Service specifically allows such messages or transactions.
- Reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any
portion, use or access of the Service. (l) harm minors in any
way;
- Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any
Content transmitted through the Services or develop restricted
or password-only access pages, or hidden pages or images (those
not linked to from another accessible page);
- Upload, post or otherwise
transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
- Disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than
other users of the Services are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage
in real time exchanges;
- Promote or provide instructional
information about illegal activities, promote physical harm or
injury against any group or individual, or promote any act of
cruelty to animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons,
and creating "Crush" sites.
Kerala Global Dot Com has
no obligation to observe and monitor The Service. However, Kerala
Global Dot Com reserves the right to review materials posted and
to remove any material/s. Kerala Global Dot Com reserves the right
to block all mails from mailing lists and groups whose content is
legally categorized as explicit, obscene, adult and pornographic
in nature. Kerala Global Dot Com also reserves the right to terminate
your access to any or all of The Services, at any time, without
notice, for any reason whatsoever.
Kerala Global Dot Com reserves
the right at all times to divulge any information as it considers
necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part. These would be
more applicable to the publicly accessible areas of The Service
that are intended to be available to the general public. For example,
publicly accessible areas of The Service would include Message Boards,
Chat that are open to both registered users and visitors.
Technical Processing
In view of the global nature
of the world wide web, the User understands and agrees that technical
processing of tools of communication is (and may be) required to
send and receive messages, to correspond / conform to the technical
requirements of connecting networks, to correspond / conform to
the limitations of The Service, or to correspond / conform to other,
similar technical requirements.
User account, password
and security
As part of The Service's registration
process you will provide us with current, complete and accurate
information as requested by the registration form. You will then
choose a user name and password. You take total responsibility for
maintaining the confidentiality of your password and account. You
may change your password by following the instructions on the system.
You are also entirely responsible
for any and all activities that occur under your account. You agree
to notify Kerala Global Dot Com immediately of any unlawful / unauthorised
use of your account or any other security violation. You agree to
ensure that you exit from your account at the end of each session.
You understand that Kerala Global Dot Com will not be liable for
any loss or damage in any form incurred as a result of unauthorised
usage of your account, with or without your knowledge. However,
you could be held liable for losses or damages incurred by Kerala
Global Dot Com or a third party as a result of your failure to comply
with this clause. You also agree not to use anyone else's account,
at any time, without the prior permission of the account holder.
Kerala Global Dot Com PRIVACY
POLICY
Registration Information and certain other information about you
is subject to our Privacy Policy. For more information, see our
privacy policy at http://www.keralaglobal.com/PrivacyPolicy.php
Additional terms applicable
to our email service
For the avoidance of doubt,
User grants Kerala Global Dot Com the right to disclose to email
marketers all information provided during subscription to Email
Marketing Programs or Opt-In Email Programs. Users may "opt-out"
of these emails directly at any time. Kerala Global Dot Com does
not make any representation or warranty with respect to the content
of any such email messages or any goods or services, which may be
obtained, from such third parties, and User agrees that Kerala Global
Dot Com shall not have any liability with respect thereof.
Kerala Global Dot Com is committed
to never mixing your permission-based email information with the
anonymous profile information described in the sections above.
Kerala Global Dot Com DISCLAIMER
Registration Information and
certain other information about you is subject to our Disclaimer.
For more information, see our Disclaimer at http://www.keralaglobal.com/disclaimer.php
Some jurisdictions do not
allow the exclusion of certain warranties, so some of the above
exclusions may not apply to User.
LIMITATION OF LIABILITY
You expressly understand and
agree that Kerala Global Dot Com shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill,
use, data, other intangible losses, regardless of the form of action,
whether in contract, tort (including negligence) strict product
liability, or otherwise (even if Kerala Global Dot Com has been
advised of the possibility of such damages), resulting from:
- The use or the inability
to use the service;
- The cost of procurement
of substitute goods and services resulting from any goods, data,
information or services purchased or obtained or messages received
or transactions entered into through or from the service;
- Unauthorized access to
or alteration of your transmissions or data;
- Statements or conduct of
any third party on the service; or
- Any other matter relating
to the service.
Some jurisdictions do not
allow the limitation or exclusion of liability for incidental or
consequential damages, so some of the above limitations may not
apply to User.
CONTENT PROVIDED TO THE
SERVICE
Kerala Global Dot Com does
not claim ownership of the "content" (in the form of information,
data, text, software, music, sound, photographs, graphics, video,
messages or other materials) you provide to Kerala Global Dot Com
(including feedback and suggestions) or post, upload, privately
transmit, input or submit to any Kerala Global Dot Com site or service
for review by the general public. The ownership of this content
is the sole responsibility of the person from which such content
originated. This means that you, and not Kerala Global Dot Com,
are entirely responsible for all Content that you upload, post or
otherwise transmit via the Service
However, by posting, uploading,
or making available content or any other material, you grant Kerala
Global Dot Com and its affiliate sites permission to use your submission
in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your submission, and to publish your name in connection with your
submission.
You comprehend and agree that
no compensation will be paid in any form with respect to the use
of your submission. Kerala Global Dot Com, is under no obligation
to post or use any submission provided by you and Kerala Global
Dot Com retains the sole discretion to remove any submission at
any time. You comprehend and agree that by submitting, posting,
uploading, making available content or any other material you warrant
that you own or otherwise control all of the rights to your submission
as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload or submit
the content or material. Kerala Global Dot Com does not control
the content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content.
You comprehend and agree that
by using the Service, you may be exposed to content that is obscene,
offensive, indecent or objectionable. Under no circumstances will
Kerala Global Dot Com be liable in any way for any content or material,
for any errors or omissions in any content, or for any loss or damage
of any kind incurred as a result of the use of any content or material
posted, emailed, uploaded, submitted, privately transmitted or otherwise
made available via the Service.
CONTENT MADE AVAILABLE
THROUGH THE SERVICE
All content and material that
is made available to view and/or download in connection with the
Service, excluding content that may be made available by the users
or visitors through the Service, is owned by and is the copyrighted
work of Kerala Global Dot Com and is protected by copyright laws.
Kerala Global Dot Com may
offer subscriptions to newsletters or magazines "Subscriptions".
This content is made available through the SERVICE and Kerala Global
Dot Com reserves the right to cancel or deny any subscription to
such content for any reason.
You acknowledge that content,
including but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in either sponsor advertisements,
or Internet-distributed, commercially produced information presented
to User by the Services ("Content") by Kerala Global Dot
Com and its affiliates, advertisers and partners, or other Kerala
Global Dot Com users may be protected by copyrights, trademarks,
patents or other proprietary rights and laws; therefore, you are
only permitted to use this protected Content as expressly authorized
by the owner of the Content ("Owner"), the Services or
the Advertiser. You may not copy, reproduce, distribute, or create
derivative works from this Content without expressly being authorized
to do so by the Owner, the Services or the Advertiser.
INDEMNITY
You "The User" comprehend
and agree to indemnify and hold Kerala Global Dot Com and its parents,
affiliates, officers and employees, harmless from any claim or demand,
including attorneys' fees, made by any third party due to or arising
out of your use of the Service, your connection to the Service,
your violation of the Kerala Global Dot Com Terms of Service or
any other provision of the TOS, or the infringement or misappropriation
by the User, or a third party using User's computer, account or
password to access and/or use the services, of any Intellectual
Property Rights of any person or entity, or the use or misuse by
the User or third parties of User's passwords or accounts, or your
violation of any rights of another.
STORAGE AND OTHER LIMITATIONS
Kerala Global Dot Com assumes
no responsibility for the deletion, delivery or timely delivery
of email messages and failure to store messages, other communications,
content or material maintained, posted, uploaded, submitted or transmitted
by use of the service. Kerala Global Dot Com retains the right to
set and modify the upper limit on the size of the message (sent
or received) on any account and storage space it will maintain for
the user. Kerala Global Dot Com however, has set no fixed upper
limit on the number of messages a User may send or receive through
the Services.
Kerala Global Dot Com also
reserves the right to limit the maximum number of times (and the
maximum duration for which) you may access the service over a given
period of time. You acknowledge that Kerala Global Dot Com reserves
the right to log off / disable accounts that are inactive for a
period of three months. You further acknowledge that Kerala Global
Dot Com reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
TERMINATION
The User agrees that Kerala
Global Dot Com may terminate the user's password, account or use
of the Service if Kerala Global Dot Com believes that the user has
violated or acted inconsistently with the letter or spirit of the
Kerala Global Dot Com's Terms of Service, or has violated the rights
of Kerala Global Dot Com or other users. The user further agrees
that Kerala Global Dot Com may terminate the user's password, account
or use of the Service if the user fails to use the Service at least
one time during a period of two months. This time period would be
reviewed and determined by Kerala Global Dot Com from time to time.
The user comprehends and agrees
that any termination of service under this agreement under any provision
of this agreement may be effected by either party, without cause
at any time, immediately upon written notice to the other party,
and acknowledges and agrees that Kerala Global Dot Com may immediately
delete all files (email included) in the user's account and bar
any further access to such files or the Service. Further, you agree
that Kerala Global Dot Com shall not be liable to you or any third-party
for any termination of your access to the Service.
Should User object to any
terms and conditions of the TOS or any subsequent modifications
thereto or become dissatisfied with the Services in any way, User's
only recourse is to immediately:
- Discontinue use of the
Services.
- Terminate Services membership.
ASSOCIATION THROUGH THE SERVICE
Your association, correspondence
or business dealings with, or participation in promotions of, advertisers
and sponsors found on or through the Service, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such transactions,
are solely between you and the advertiser/sponsor. You comprehend
and agree that Kerala Global Dot Com shall not be responsible or
liable for any loss or damage of any sort incurred as the result
of any such associations or dealings or as the result of the presence
of such advertisers/sponsors on the Service.
You also acknowledge and agree
that content/material contained in the sponsor's advertisements,
promotions or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
ASSOCIATION / LINKS TO
THIRD PARTY
Kerala Global Dot Com may
contain links to third party Web sites "Linked Sites"
("Affiliates" / "Partner Sites"). These Linked
Sites are not under the control of Kerala Global Dot Com and Kerala
Global Dot Com is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Kerala Global
Dot Com is not responsible for webcasting or any other form of transmission
received from any Linked Site nor is Kerala Global Dot Com responsible
if the Linked Site is not working appropriately. Kerala Global Dot
Com is providing these links and partnerships to you, for your convenience,
and the inclusion of any link does not imply endorsement by Kerala
Global Dot Com of the site. You are responsible for viewing and
abiding by the privacy statements and terms of use posted at the
Linked Sites.
NOTICE
Notices to you may be made
via online announcements, either email or regular mail. The Service
may also provide notices of changes to the Terms of Service or other
matters by displaying notices or links to notices to you generally
on the Service.
Kerala Global Dot Com may broadcast notices or messages through
the Services to inform User of changes to the TOS, the Services,
or other matters of importance; such broadcasts shall constitute
notice to User.
GENERAL
We hereby expressly disclaim
any implied warranties imputed by the laws of any jurisdiction.
We consider ourselves and intend to be subject to the jurisdiction
only of the courts of the state of Karnataka, India. Please report
any violations of the Terms of Service to our Support team.
Additional terms applicable
to our email Service
Legal
The TOS shall for all purposes
be governed by and interpreted in accordance with the laws of the
Hong Kong SAR, excluding its conflict of law provisions. User and
The Service agree to submit to the exclusive jurisdiction of the
courts of the Hong Kong SAR. Our failure to exercise or enforce
any right or provision of the TOS shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by
us in writing.
ASSIGNMENT
No right may be assigned,
and no duty may be delegated, by either party under this Agreement
except upon the written consent of the other party and any attempted
assignment and delegation without such consent shall be void and
without effect. Notwithstanding the foregoing, however, Kerala Global
Dot Com shall be entitled to assign this agreement, and all rights
and obligations hereunder, to a successor to all or substantially
all of its assets, whether by sale, merger or otherwise. This TOS
shall be binding upon and shall inure to the benefit of the parties
hereto and their respective representatives, heirs, administrators,
successors and permitted assigns except as otherwise provided herein.
No Agency
Neither party is, nor will
it be deemed to be, an agent or legal representative of the other
party for any purpose. Neither party will be entitled to enter into
any contracts in the name of or on behalf of the other party, and
neither party will be entitled to pledge the credit of the other
party in any way or hold itself out as having authority to do so.
Severability
If any provision(s) of the
TOS is/are held by a court of competent jurisdiction to be contrary
to law, or otherwise invalid or unenforceable, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force
and effect.
Waiver
Any waiver (express or implied)
by either party of any breach of this TOS shall not constitute a
waiver of any other or subsequent breach. No provision of the TOS
will be waived by any act, omission or knowledge of a party or its
agents or employees except by an instrument in writing expressly
waiving such provision and signed by a duly authorized officer of
the waiving party.
Statute Of Limitations
User and Kerala Global Dot
Com agree that any cause of action arising out of or related to
these Services must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently
barred.
HABEAS SWE programme
We guarantee, on your behalf,
that any e-mail sent through our servers is not Spam, and the only
e-mail which you will send from our servers is e-mail which you
send to a single addressee, to a group consisting only of your friends
and family members or individuals with whom you have an established
professional relationship, or to a group for whom you have the verified
permission of each recipient to include them in a mailing list.
Causing e-mail, which does
not meet these criteria to be sent through our servers, is a breach
of our Terms of Service, and may result in your account being terminated.
If
you do not agree with any of our terms of services mentioned above
please do not read the material on any of our pages.
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