BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT/ TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON OR EXIT THE WEBSITE AND / OR THE MOBILE APPLICATION.
PLEASE READ THIS AGREEMENT CAREFULLY
A. This electronic record is generated by a computer system and does not require any physical or digital signatures. In any event, your affirmative act of using this website / mobile application and/or registering under the website / mobile application constitutes your electronic signature to these terms of use and your consent to enter into agreements with us electronically.
B. The domain name BoltEver.com and mobile application BoltEver (collectively “Website”) is owned and operated by Kashvi Trends an entity incorporated under the laws of [____________] with its office at [___________________] (hereinafter referred to as “Company”).
C. If you have any questions about any part of this Agreement, please feel free to contact us at +91 9582631909 .
D. For the purpose of this Agreement, wherever the context so requires “You” shall mean any natural or legal person who has agreed to become an end user on the Website by, inter alia, providing registration data and depositing registration fee and / or any other fee (if applicable) while registering and / or using / accessing the Website as a user/end user using the computer systems. The term "We", "Us", "Our" shall mean the Company.
E. When you avail any of the services provided by the Company through the Website, You will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into this Agreement and shall be considered as part and parcel of this Agreement. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time without your consent or without any prior written notice to you. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with this Agreement, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
F. By impliedly or expressly accepting these Agreement/Terms of Use, you also accept and agree to be bound by all Company Policies (including but not limited to the Privacy Policy) as amended from time to time.
G. By impliedly or expressly accepting this Agreement, you warrant that you have fully read and understood the terms and conditions as set forth in this Agreement, without any impairment in judgment resulting from, but not limited to, mental illness or handicap, intoxication, medication or any other problem that could impair judgment.
H. The Company reserves the right to delete or suspend any account or information contained on the Website for any reason whatsoever and without giving any prior notice.
I. The Company has the right to inspect and enforce the restrictions and covenants contained in this Agreement at your sole expense.
J. You acknowledge and agree that if you fail to comply with any terms or conditions of this Agreement, or documents referenced herein, or any other policies of the Company, then in such case, the Company, in its sole discretion, may terminate your account at any time without prior notice as well as initiate appropriate legal proceedings, if necessary
K. You are requested to regularly check the Website for any changes and latest updates and comply with the terms and conditions. The Company disclaims all liability and responsibility for any loss, damage or inconvenience whatsoever and howsoever suffered, directly or indirectly by any person as a result of use of the Website and of any information provided.
Save where the context otherwise requires, in this Agreement:
A. References to a "person" or “party” are to be construed to include references to any natural person, partnership firm, trust, association of persons, corporate entity, unincorporated association, any joint venture and/or any governmental authority
B. Words importing the singular shall include the plural and vice versa.
C. References to any law shall include such law as from time to time is amended, supplemented or re-enacted.
D. References to the words "include" or "including" or "in particular" shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words and shall be construed as being suffixed by the term "without limitation".
E. The headings and titles in this Agreement are indicative and shall not be deemed part thereof or be taken into consideration in the interpretation or construction of the Agreement.
F. References to a Preamble, Recital, Clause or Annexure are to a preamble, recital, clause or annexure of this Agreement.
G. The Preamble, Recitals, or Annexure to this Agreement shall be deemed to be incorporated in, and form an integral part of, this Agreement and shall have the same force and effect as if expressly set out in the body of this Agreement.
H. References to the terms ''herein'', ''hereto'', ''hereunder'' and words of similar purport refer to this Agreement in its entirety
I. References to days, months or years are to Gregorian days, months and calendar years respectively.
J. References to a statute or statutory provision or order or regulation made hereunder shall include: (i) all subordinate legislation made from time to time under that provision (as amended, modified, re-enacted or consolidated from time to time). (ii) such statute or statutory provision as from time to time amended, modified, re-enacted or consolidated.
K. References to an agreement or document shall mean such agreement or document as amended, modified and altered from time to time.
I. In determination of any period of days for the occurrence of an event or the performance of any act or thing, the period shall be deemed to be inclusive of the day on which the event happens or the act or thing is done.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows:
You acknowledge that you shall use the Website on your own free will and shall not be guided in any manner by any promotional mails, phone calls, advertisements etc. from the Company or its affiliates or any other third party.
You agree that you are above the age of 18 years or of such age as per the applicable law governing the legal age for entering into an agreement in your territorial jurisdiction and that you are not protected by any law / custom and / or agreement which restricts you to register, use the services, or visit or use the Website in any manner. In other words, by registering, visiting and using the Website or accepting this Agreement, you represent and warrant to the Company that you are older than the minimum age prescribed as per the applicable law governing the legal age for entering into a legal contract in your territorial jurisdiction, and that you have the right, authority and capacity to use the Website and the services made available through the Website, and agree to and abide by this Agreement.
A. The Company provides the following services: [______________]
B. It is clarified that the services may change from time to time, at the sole discretion of the Company, and the Agreement will apply to your use of the Website to avail the service, as well as to all information provided by you on the Website at any given point in time.
C. Subject to your compliance with these terms (as well as the general terms, privacy policy and other policies available on the Website and / or herein below), the Company grants you a limited, nonexclusive, non-sub licensable, revocable, non transferable licence to access and use the Website solely in connection with the services.
D. Further, you acknowledge that portions of the services may be made available under the Company’s various brands or request options. You also acknowledge that the services may be made available under such brands or request options by or in connection with: (i) certain of the Company’s subsidiaries and affiliates; or (ii) independent third-party providers.
E. Though the Company adopts a meticulous process and makes reasonable efforts to collect such content, information and data as may be necessary for rendering its services, the Company does not guarantee that such content/information/data is exhaustive or error free.
F. The Company shall make reasonable efforts to ensure that all information (available on the Website) is updated periodically. However, the Company shall not be liable for any inaccuracy or any incompleteness in the content/information/data available on the Website in connection with any third party service provider.
G. The services provided by the Company or any of the service providers are provided on an ‘as is’ and ‘as available’ basis, without any warranties or conditions (express or implied), including implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, whether arising by statute or otherwise in law or from a course of dealing or usage or trade. You are advised to refer to the terms and conditions of the third party service providers before availing the services / transacting with such third party service provider.
H. You shall not have more than one account on the Website.
I. Except as expressly provided in the Agreement / Terms and Conditions, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without the Company’s express prior written consent.
J. You shall not use the Website for any competitive or benchmarking purposes. Further, you shall not use the website for any commercial purposes.
You may use information/content/data made available on the Website for downloading (if the same is downloadable), provided that you: (i) do not remove any proprietary notice in any copy of such information/content/data, (ii) use such information/content/data only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information/content/data.
A. When you use the Website or send emails or other data, information or communication to the Company, you agree and understand that you are communicating with the Company through electronic records and you consent to receive communications via electronic records periodically and as and when required. The Company may communicate with you by email or by such other mode of communication, electronic or otherwise. You agree that the Company may send you informational messages (text or otherwise) as part of the normal business operation of your use of the Website. However, it will be open for you to unsubscribe the same as per your requirements
B. You are responsible for obtaining the data network access necessary to use the services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services. The Company does not guarantee that the services, or any portion thereof, will function on any particular hardware or device. In addition, the services may be subject to malfunction and delays inherent in the use of the Internet and electronic communications.
C. The Company may, in its sole discretion, create promotional codes that may be redeemed for account credit, or other features of benefits related to the services and/or third-party services providers, subject to any additional terms that the Company establishes on a per promotional code basis. You agree that such codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by the Company; (iii) may be disabled by the Company at any time for any reason without any liability to the Company; (iv) may only be used pursuant to the specific terms that the Company establishes for such codes; (v) may expire prior to your use. The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of such codes by you in the event that the Company determines or believes that the use or redemption of such codes was in error, fraudulent, illegal, or in violation of applicable law, of terms applicable to the code or of other policies available on the Website.
A. The contents made available on the Website belong to the Company. All information/details collected by the Company (the directly or indirectly) from you shall belong to the Company (collectively Copyright Content). Without the generality of the foregoing, you shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website. Such content will become the property of the Company and you grant to the Company the worldwide, perpetual and transferable rights in such content. The Company shall be entitled to, consistent with its Privacy Policy (and other policies) as adopted in accordance with applicable law, use the content or any of its elements for any type of use whatsoever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works without any payment or other compensation for such use.
B. The Company authorizes you to view and access the Copyright Content only in accordance with the terms of this Agreement. If you violate any provision of the Agreement, then your permission to use the Copyright Content automatically terminates. In such event you must immediately destroy any copy of the Copyright Content (or part thereof) in your possession or control.
C. Except as provided hereinabove, use of all Copyright Content of the Company by you for any purpose whatsoever without obtaining the written consent of the Company shall be considered a violation of the Company’s copyright.
D. You are solely responsible for the content that you choose to submit on the Website, including any feedback, reviews, photographs etc.
A. There are no warranties for the services rendered by the Company. The Company makes no express representations or warranties, or accept any conditions except those expressly stated in the Agreement / terms and conditions. The Company disclaims all other representations, warranties and conditions (express or implied) including, without limitation, implied warranties or conditions of merchantability and fitness for a particular purpose in connection with goods and / or services provided by third party service providers.
B. The Company assumes no liability whatsoever for or relating to any delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Website.
C. The Company does not make any warranty, representation or guarantee about the accuracy, suitability, authenticity, correctness or completeness of any information provided on the Website. All advice and/or information obtained directly or indirectly from the Website are at your own risk and responsibility.
D. The Company does not make any representation or warranty or guarantee about its compliance with applicable law of the entire jurisdiction globally (except for India) with respect to the ability to use the Website or requiring disclosure of information contained on the Website.
E. You absolve the Company, its personnel and its affiliates (as well as all personnel of the Company) from any liability or responsibility whatsoever, for any medical, legal or financial outcomes related to your use of the Website. More specifically, you agree that neither the Company (or its personnel) nor its affiliates shall, in any event whatsoever, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer viruses, deletion of files, delays in operation or transmission etc.) resulting from the use or inability to use the Website. This provision shall apply to all content and functionality of the Company’s services. Your sole and exclusive remedy in this regard is to stop using the Website.
F. You are solely responsible for any damage to your computer system(s)/mobile phones/tablets or loss of data that results from use of the Website or downloading any material from the Website.
G. All services on the Website are being offered on an ‘as is where is’ basis and without any warranty of any kind, either express or implied. The Company expressly disclaims all liabilities in this regard.
H. The Company reserves complete and sole discretion with respect to the operation of the services. The Company may, among other things, withdraw, suspend, amend or discontinue any functionality or feature of the services without prior notice or intimation.
I. The Company shall not be responsible or liable for any loss, damage or injury suffered by any end user as a result of any disclosures or publication made by the Company, where the end-user has expressly or implicitly consented to making such disclosure or publication.
A. The Company shall be using a third party Payment Gateway for the payments to be processed through the Website for the services which you may choose to avail through our Website. It is the term of this Agreement that the Company shall enter into an agreement with such third party Payment Gateway and the same shall be, wherever required, in consonance with the present Agreement.
B. You shall be required to maintain the minimum balance in the designated wallet assigned to your account, in case you choose to make payment through the said wallet. The payment for the services rendered through the Website (including the appropriate government taxes and levies on such services) may be on an advance basis or as Cash on Delivery basis, as per the discretion of the Company.
C. Once the booking and / or services are confirmed by you and the payment has been processed, it is agreed that, subject to such order being a cancellable and refundable (either partially or fully) order, the said booking made by you shall not be cancellable and the payment made shall be on non-refundable basis.
D. Neither any refund nor any provision of carry forwarding the amount (for the next booking / order) shall be available for you as a matter of right. The refund provision for any cancellable order shall be subject to such refund policy / terms and conditions of each specific order as mentioned by the Company while placing of such orders.
A. Your right to use the services (under this Website) are not transferrable in any manner whatsoever. You accept all responsibility for the use of your account, by any other party claiming to be you and further agree to indemnify the Company against any claim or loss that may accrue to the Company in connection with such use.
B. You take full responsibility for ensuring that the information/details submitted by you on the Website are accurate, complete and up to date. The Company is not required to validate any information provided by you on the Website with respect to content, correctness or usability. However, with an intention to provide the best possible services, the Company reserves its rights to require you to share more information as and when needed. Additionally, the Company reserves the right to carry out any investigations to ascertain the veracity of the information/details provided by you.
C. The use of the Website requires basic familiarity with the Internet, related payment services and general security practices. You confirm that you possess the necessary skills and knowledge in this regard.
D. You are solely responsible for maintaining the confidentiality of your login details and password; and for all activities carried out under your account. You agree to prohibit anyone else from using your password and commit to immediately notify the Company of any unauthorized use of your account or other security concerns. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements of this provision. You understand and agree that you are individually and fully responsible for all actions, postings, losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account(s). Notwithstanding the foregoing, you shall be liable for the losses of the Company and others due to such unauthorized use.
E. You are solely responsible for safeguarding your login details and password (collectively, “Password”) at all times and shall keep your Password is secure at all times. You shall be solely responsible for all activity that occurs on your account. You agree that you will not misrepresent yourself or represent yourself as another user of the Website.
F. You acknowledge and agree that temporary interruptions in service may occur, and that the Company shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the services.
G. No party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
H. International users acknowledge and agree that the Company may collect and use their information and disclose it to other entities outside their resident jurisdiction. Further, such information may also be stored on servers located outside their resident jurisdiction. International participants consent to the transfer of such information outside their resident jurisdiction.
I. You shall not infringe upon the rights of others; spam, propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights or any other intellectual property rights. You shall not attempt to undermine the security or integrity of computing systems or networks of the Company or its affiliates. You further agree to comply with all applicable law concerning the transmission of technical data and other regulated materials over the Internet.
J. You shall not use the website to post any advertisement or other commercial message. You further agree that you shall not post or attempt to post any content whatsoever on the website which: (i) infringes any third-party intellectual property rights; (ii) violates any person’s publicity or privacy rights; (iii) violates any applicable law or regulation. Without the generality of the foregoing, you shall not post any information/content which is false, misleading, inaccurate, abusive, harassing, obscene, sexually oriented or legally invasive of another’s privacy. If any complaint is received by the Company to this effect, then the Company shall remove the inappropriate posts as quickly as possible, and take further action against you as it may deem fit and proper in the facts and circumstances of the case.
A. The services provided by the Company or any of its licensors or third party service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representation, warranty or guarantee, express or implied about the Website or the services.
B. The Website shall not be used for illegal or unlawful purposes and shall be accessed by you only for non-commercial and personal purposes. You shall not access the Company’s networks or the Website in any manner that could damage, disable, overburden or impair them or interfere with any other persons use and enjoyment. You shall not attempt to gain unauthorized access to any content, services, other accounts, computer systems or networks connected with the Company. Further, you shall not use any automated means to access the Website for any purpose.
C. You shall not use any “deep-link”, “page-scrape”, “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 any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Company reserves the right to bar any such activity.
D. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
E. You shall not 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. You may not reverse look-up, trace or seek to trace any information on any other End User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
F. You shall not make any negative, disparaging, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company.
G. You shall at all times ensure full compliance with the applicable laws, rules and regulations regarding your use of the website.
H. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of the Agreement.
I. The Company may send you newsletters or other information relating to the services available on the Website, which you consent to receiving.
You acknowledge that the existence of this Agreement, the terms and conditions hereof, the transactions contemplated hereby and other information, including, without limitation, customer, technical and financial information that you have received or will receive in connection with this Agreement, is considered private and confidential (the “Confidential Information”). You will use reasonable diligence to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual, corporation or entity. Such Confidential Information will exclude:
i information that is already in public domain;
ii information already known to the receiving party, as of the date of the disclosure, unless the receiving party agreed to keep such information in confidence at the time of its original receipt;
iii information hereafter obtained by the receiving party, from a source not otherwise under an obligation of confidentiality with the disclosing party;
iv information that the receiving party is obligated to produce under order of a court of competent jurisdiction, provided that the receiving party promptly notifies the disclosing party of such an event so that the disclosing party may seek an appropriate protective order
A. We view protection of your privacy as a very important principle. The Company maintains a privacy policy which is displayed and accessible on the Website. The said privacy policy constitutes as an integral part of this Agreement.
In addition to the terms of the Privacy Policy, it is acknowledged by the parties that the Company stores and process your information, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures. If you object to your information being transferred or used or accessed by the Company in the manner provided in this Agreement and terms and conditions, then do not use the Website. If you do not provide the information which the Company requires, then the Company may not be able to provide all of its services to you. By accepting the terms and conditions on the Website, you expressly and impliedly agree to enable the Company to access the use of your information as uploaded by you.
B. The Company and its affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should the Company plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur then the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information.
C. This policy applies only to the information which the Company collects through its services, in email, text and other electronic communications sent through or in connection with its services and does not apply to information that you may provide to / or that is collected by any third party service providers where you may visit and / or make transaction with through the Website of the Company.
D. The Company may, at its discretion; process and retain your personal information on its servers in India where its data centers are located, and/or on the servers of its third parties service providers (in or outside India), having contractual relationships with the Company.
E. It is clarified that the Website and services offered by the Company are interdependent upon the GPS. In case, you chose to disable the location and / or GPS, then you may not be able to use / avail the services of the Company through the Website. If you choose not to disclose the location from where you are accessing the Website to your contact sphere and other persons having your GPS location, you may consider using the Website in incognito mode. Please note it may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may interfere with certain functionality on the services.
Neither party shall post, display, upload, modify, publish, transmit, update or share any information that: (i) belongs to another person and to which the user does not have a right to; (ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) infringes any intellectual property or other proprietary right; (v) violates any applicable law; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains any viruses or codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign countries, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
A. The Company shall not be liable under any theory of indemnity.
B. You are solely responsible for anything shared by you on the Website. You agree to defend, indemnify, compensate and hold the Company, its personnel and affiliates harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fee, resulting from, or alleged to result from any claims based upon your posts/submissions on the Website.
C. You agree to defend, indemnify, save and hold the Company and its affiliates harmless from all demands, liabilities, claims and expenses, including lawyer’s fee, fee of third parties relating to or arising under this Agreement, the services provided hereunder or your use of the website, including without limitation, infringement by you or someone else using the service with your account details, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of the Company rules or policies.
A. The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature on the Website. Please report any violations of this policy to the Company.
B. Disciplinary and / or appropriate legal action for violation of this sacrilege policy may result in, including but not limited to, the permanent blockage of a user's account, temporary or indefinite suspension, or a formal warning. The Company will consider the circumstances of an alleged policy violation and the user's background record before taking actions.
Private communication, including email correspondence, is not regulated by the Company. The Company encourages its users to be professional, courteous and respectful when communicating by email. However, the Company will investigate and can take action on certain types of unwanted emails that violate the Company policies.
The Company reserves the right to place any Third Party advertisements on the Website at any time and without any notice or consent of its users (“Third-Party Content”). However, the Company does not endorse or recommend such Third Party Content. The Company does not represent or warrant as to the correctness, authenticity or genuineness of the information and content present in such Third Party Content. You may access the Third Party Content at your own risks, costs and responsibility.
All contents on the website is the intellectual property of the Company and / or the Company is using the same with a valid license, therefore, any use or reproduction of the content(s) or material(s) from this Website for any purpose not expressly permitted, is prohibited. You shall put the Company to notice, immediately upon coming to know of any infringement of any intellectual property rights of the Company, by any other user or by third parties.
A. You are prohibited from doing the following:
i violating or attempting to violate the integrity or security of the Website or any Copyright Content or assisting any other person in doing so;
ii transmitting any information (including job posts, messages and hyperlinks) on or through the website that is disruptive or competitive to the provision of services by the Company;
iii intentionally submitting on the website any incomplete, false or inaccurate information;
iv making any unsolicited communications to other users;
v using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii copying or duplicating in any manner any of the Copyright Content or other information available from the Website;
viii Framing or hot linking or deep linking any Copyright Content.
B. The Company reserves the right to suspend or terminate your account without cause or reason, and without advance notice. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Website under the same account, a different account or re-register under a new account.
C. Unless specifically and expressly intimated, the Company is not affiliated to or associated with (in any manner) any third party vendors.
In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website.
In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a user’s use of the Website or the services exceed (in the aggregate) Rs. 1000/- (Rupees One Thousand Only).
The Company clarifies that the Agreement may be amended from time to time without notice. The Company shall update you periodically with the latest version of the Agreement. Any revision or change shall be binding and effective immediately on the release of the revised Agreement. Additionally, any additional disclaimers or policies applicable in general and/or to specific areas of this Website or to any particular service are also considered a part of the Agreement.
A. The Company can freely transfer, assign or delegate all or any part of this Agreement, and any rights and duties hereunder without prior notice to you or your consent. This Agreement will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
B. The Company may assign this agreement at any time to any parent, subsidy or any affiliated company, or as part of the sale to, merger or amalgamation with, or other transfer of the Company to another entity. In such event, the Company shall post a notice on the website regarding any change of ownership so that you have the opportunity to discontinue your use of the website or cancel your registration if you do not wish to continue to the use of the website under the new ownership. However, you may not assign, transfer or sublicense this agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
The Company may provide you with ongoing updates in connection with the use of your account and the Website as the Company considers necessary. It shall be your responsibility to install such updates. The Company assumes no responsibility for any loss, interruptions or disruptions of service on account of non-installation of the above updates.
The Company responds to legitimate takedown requests and the Company retains the right to remove user content on the Website that it deems to be infringing the copyright of others or is otherwise not in conformity with the Company policies and / or applicable law and / or demeaning to the goods / services of the Company. If you become aware of user content on the Website that infringes your copyright rights, you may submit a request for take down along with full details and appropriate evidence.
The Company represents that it shall endeavour to comply with all the applicable laws in India; however, the Company does not give any assurance / representation for being compliant with all the laws in all locations and jurisdictions from where the Website is being accessed. You access the Website and the services on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the country in which you reside. Any and all issues in connection with and / or arising out of the Agreement and your use of the Website and services shall be governed by the laws of India. Notwithstanding anything contrary, it is agreed that the present Agreement shall be considered to be entered into between the parties in New Delhi and courts at New Delhi shall have exclusive jurisdiction over any issues arising out of or in connection with this Agreement. Notwithstanding anything contrary, any and all disputes under this agreement and / or with respect to the use of Website shall be referred to arbitration to be conducted by a sole arbitrator to be appointed in accordance with the terms and provisions of Arbitration and Conciliation Act, 1996 (as amended from time to time).
Notwithstanding anything herein to the contrary, the Company shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
The Company may at any time revise the terms of this Agreement by updating these terms and by providing notice / notification to you of regarding the change(s) that have been made.
This Agreement and the documents referred to in it contain the whole agreement between the parties relating to the transactions contemplated by this Agreement and supersede all previous agreements, whether oral or in writing, between the Parties relating to the transactions. Except as required by statute, no terms shall be implied (whether by custom, usage or otherwise) into this Agreement.
a. The rights of each party under this Agreement may be waived only in writing and specifically.
B. Delay in exercising or non-exercise of any right under this Agreement is not a waiver of that right.
C. A waiver (whether express or implied) by the Company of any of the provisions of this Agreement or of any breach of or default by you in performing any of those provisions shall not constitute a continuing waiver and that waiver shall not prevent the Company from subsequently enforcing any of the provisions of this Agreement not waived or from acting on any subsequent breach of or default by you under any of the provisions of this Agreement.
Each Party undertakes, at the request and cost and expense of the other Party, to sign all documents and to do all other acts, which may be necessary to give full effect to this Agreement.
All notices, demands, requests, statements, certificates or other documents or communications to be provided in connection with this Agreement and the transactions envisaged by it must be in English.
A person who is not a Party to this Agreement may not enforce any of its terms.
The terms and provisions of this Agreement, which are by their nature, intended to survive the termination or expiry of this Agreement shall survive any termination or expiry of this Agreement
The provisions contained in each Clause and paragraph of this Agreement shall be enforceable independently of each of the others and their validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, the Parties shall negotiate in good faith a valid, legal and enforceable substitute provision which most nearly reflects the Parties intent of entering into this Agreement.
The Company may provide notice to you by email to the email address provided by you during registration and / or by notification on the Website. You may give notice to the Company at any time via email to [_______]. It shall be your responsibility to keep your mobile no. and email address updated in your account. The Company shall not be responsible for any loss or inconvenience caused due to your non-updation of your contact details on your account.
At Kashvi Trendz, we respect your privacy, and you have the right to request the deletion of your personal data from our records. To start the data deletion process, kindly send an email to care@BoltEver.com. We will promptly acknowledge your request within 15 days and strive to complete the deletion process asap or within a 30 days.
It's important to note that certain legal obligations may prevent us from deleting specific data, and data stored in backups may not be immediately removed. Consequently, the deletion process may impact your access to certain services.
If you have any questions or concerns regarding the data deletion process, please don't hesitate to reach out to us at care@BoltEver.com.
Kashvi Trendz maintains the right to update this data deletion process, and we encourage users to periodically review the terms and conditions for any changes that may occur. Your privacy matters to us, and we are committed to ensuring a transparent and secure experience on our website.
