THIS AGREEMENT (THE ‘AGREEMENT’) IS AN ELECTRONIC DOCUMENT IN TERMS OF 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. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THE AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN THE USER OF SERVICES ON THE KENZNOW MARKETPLACE AND KENZNOW (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS AGREEMENT WILL BE EFFECTIVE UPON SERVICE USER’S ACCEPTANCE OF THE SAME AND WILL GOVERN THE RELATIONSHIP BETWEEN SERVICE USER AND KENZNOW, INCLUDING WITH RESPECT TO THE REGISTRATION, LISTING, MARKETING, SALE AND DELIVERY OF ANY SERVICES THROUGH THE WEBSITE & (DEFINED BELOW). IF ANY TERMS OF THIS AGREEMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY KENZNOW.
For the purpose of this Agreement, the individual or any legal entity (company, sole-proprietorship, partnership, HUF etc.) representing itself through its duly appointed authorized signatory only, who has completed KENZNOW‟s Service User Registration Form as required by KENZNOW (hereinafter, referred to as the ‘Service User’ OR ‘You’, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include Service User heirs / subsidiaries, affiliates, successors and permitted assigns
Caelum Consulting Pvt. Ltd., a company incorporated under the Companies Act, 1956, having its corporate office at Level 1, Block D, MBC Tech Park, GB Road, Thane (w) 400615 (hereinafter referred to as, ‘KENZNOW’ which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assigns)
KENZNOW owns and administers a MARKETPLACE for needs abroad which is anonline portal (kenznow.com) and mobile app which hosts its own services and thoseof third party service providers and vendors (hereinafter called KENZNOW MARKETPLACE)
Service User and KENZNOW may be referred to as the ‘Party’ individually and as the ‘Parties’ collectively, as the context may require.
Welcome to Kenznow Marketplace ("Marketplace"). We're happy you're here. Please read these Terms of Service ("Marketplace Terms") carefully before accessing or using Kenznow Marketplace. Kenznow Marketplace is a platform that allows you to purchase /avail services for needs abroad (for free or for a charge) that can be used with your Kenznow.com account ("Kenznow Services"). Although sold by Kenznow, ("Kenznow", "we", "us"), Kenznow Services may be developed and maintained by either Kenznow or by third-party service providers or vendors, and may require you to agree to a separate terms of service. Your use and/or purchase of Kenznow Services is subject to these Marketplace Terms and to the applicable fees and may also be subject to additional terms as provided by the third party of that Service or Product (the "Service Provider").
By using Marketplace, you are agreeing to be bound by these Marketplace Terms.
Marketplace is provided by Kenznow, and is governed by either the Terms of Service or the Corporate Terms of Service ("Kenznow Terms"), depending on the type of account you're on, as well as these Marketplace Terms. If you configure the Kenznow Services to work with one or more accounts on the Kenznow.com website, your use of the Kenznow Services will also be governed by your applicable Kenznow Terms. Any capitalized terms not defined in this document will be defined in your applicable Kenznow Terms.
You may not use a Service to violate your applicable Kenznow Terms. In addition, multiple Users may direct the actions of a Service. However, if you purchase and/or set up a Service on your account, or you are an owner of an account with an integrated Service, then you will be responsible for the Service provider’s actions that are performed on or through your account..
In order to use Marketplace, you must be 18 years of age or older (if you live in India if you live in another country, you must comply with your country's minimum age laws), have a valid Kenznow account, and have agreed to your applicable Kenznow Terms and these Marketplace Terms.
If you are agreeing to these Marketplace Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity, its affiliates, and all users who access the Marketplace on its behalf to these Marketplace Terms. If you do not have authority, you must not accept these Marketplace Terms and you may not use the Marketplace services.
If you install the Kenznow App and/or purchase a Service, then you are purchasing the Kenznow Services from Kenznow and you are required to make the related payments directly to Kenznow. However, you are receiving access to and the rights to use that Service from a Service Provider, not from Kenznow (unless it's a Kenznow-owned Service). The Service Provider is solely responsible for the Service it provides, the content therein, and any claims that you or any other party may have relating to that Service or your use of that Service.
We are not a party to the agreement between you and the Service Provider with respect to that Service. We are not responsible for that Service, the content in it, or any claims that you or any other party may have relating to that Service or your use of that Service. However, we are a third party beneficiary of the agreement between you and the Service Provider for each Service , and we will have the right (and will be deemed to have accepted the right) to enforce that agreement against you as a third party beneficiary.
All payments for Kenznow Services will go through Kenznow. The terms of your payment and fees will be governed by Section L. Payment, or the analogous section of your applicable Kenznow Terms. By using the Marketplace, you agree to pay Kenznow any charge incurred in connection with your purchase of the Service. Each purchase is an electronic contract between you and Kenznow, and you and the Service Provider. You are responsible for providing us with a valid means of payment for purchases of Kenznow Services. If you are only purchasing free Kenznow Services, you are not required to provide payment information.
Billing Schedule; No Refunds. Your payment schedule is determined by the payment schedule you chose when you chose to purchase / avail a service from Kenznow or a Service Provider. Marketplace purchases are billed in advance and are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused; however, the service will remain active for the length of the paid billing period. If you would like to cancel the Service services, you can do so by going into your Settings and do as instructed
If you abuse your website or mobile app in any way, your account may be terminated with immediate effect for abuse of service.
If you post content on our website or mobile app we can remove any content that infringes copyright. You can only create and/or share content that is original and owned by you. Similarly, if you register for an account and choose a username, you are not allowed to choose usernames that may infringe trademarks, i.e. usernames like Google, Facebook, and so on.
If you would have a question, concern, or dispute regarding your billing, please contact Kenznow Support.
Privacy. When you purchase or subscribe to a Service, Kenznow must share certain Personal Information (as defined in the Kenznow Privacy Statement) with the Service Provider in order to provide you with the Service, regardless of your privacy settings. Depending on the requirements of the Service you choose, Kenznow may share as little as your user account name, ID, and primary email address or as much as access to the content in your repositories, including the ability to read and modify your private data. In line with Kenznow's Privacy Statement, we will only provide the Service Provider with the minimum amount of information necessary for the purpose of the transaction.
If you cancel your Service and revoke access through your account settings, the Service Provider will no longer be able to access your account. The Service Provider is responsible for deleting your Personal Information from its systems within its defined window. Please contact the Service Provider to ensure that your account has been properly terminated.
Data Security Disclaimer. When you purchase or subscribe to a Service, the Service security and their custodianship of your data is the responsibility of the Service Provider. You are responsible for understanding the security considerations of the purchase and use of the Service for your own security, risk and compliance considerations.
The rights granted to you to use any Service are personal to you, and are not transferrable to any third parties, such as your end users. Any rights to provide or resell Kenznow Services to third parties must be granted directly by the Service Provider.
From time to time, Kenznow.com may check with remote servers (hosted by Kenznow or by third parties) for available updates to Kenznow Services, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
Kenznow may block a Service from our servers, or disable its functionality, for legal or policy reasons. In the event that we must block or disable a Service, we will work with the Service Provider to notify affected users.
Disclaimer. Your use of Marketplace and any Kenznow Services obtained through Marketplace is at your sole risk. Other than as expressly stated, Kenznow provides Marketplace and Kenznow Services “AS IS” and “AS AVAILABLE.” Kenznow does not make or imply any warranties or commitments about Marketplace and Kenznow Services, including but not limited to the specific functionality available through Marketplace and Kenznow Services, their reliability, availability, or ability to meet your need.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Marketplace (or any part of it) with or without notice.
Limitation of Liability. You understand and agree that Kenznow will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: (i) your use or inability to use Marketplace or any Kenznow Services; (ii) any modification, price change, suspension or discontinuance of Marketplace or Kenznow Services; (iii) Marketplace generally or the software or systems that make Marketplace available; (iv) unauthorized access to or alterations of your transmissions or data; (v) statements or conduct of any third party, Service Provider, or Service on Marketplace; (vi) any other user interactions that you input or receive through your use of Marketplace; or (vii) any other matter relating to Marketplace.
Release and Indemnification. If you have a dispute with one or more Service Providers, you agree to release Kenznow from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of Marketplace, including but not limited to your violation of these Marketplace Terms, provided that Kenznow (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Kenznow of all liability); and (3) provides to you all reasonable assistance, at your expense.
1. Governing Law. You agree that these Marketplace Terms and your use of the Kenznow Services are governed under the laws in India and any dispute related to the Kenznow Services will be governed by courts with jurisdiction of Mumbai/Thane.
2. Non-Assignability. Kenznow may assign or delegate these Marketplace Terms and/or the Kenznow's Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Marketplace Terms or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Severability, No Waiver, and Survival. If any part of these Marketplace Terms are held invalid or unenforceable, that portion of the Marketplace Terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. The failure of Kenznow to exercise or enforce any right or provision of these Marketplace Terms shall not constitute a waiver of such right or provision. Our rights under these Marketplace Terms will survive any termination of these Marketplace Terms.
4. No Modifications; Complete Agreement. These Marketplace Terms may only be modified by a written amendment signed by an authorized representative of Kenznow, or by the posting by Kenznow of a revised version. These Marketplace Terms, together with Kenznow's Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Marketplace Terms supersede any proposal or prior agreement oral or written, and any other communications between you and Kenznow relating to the subject matter of these terms.
5. Section Headings. Throughout these Marketplace Terms, each section includes titles of the following terms and conditions. These section titles are not legally binding.