These terms and conditions are between Kiran Pratiyogita Academy (a unit of KCG KIRAN Services Private Limited) Called here "KCG KIRAN" and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website [object Object] (“Website”) and/or our app ‘KCG KIRAN and/or KCG KIRAN Learners’ (“Apps”), Website and Apps together shall be referred to as “KCG KIRAN Platform”, you agree to be bound by the provisions of these Terms and Conditions.
Please read carefully these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on KCG KIRAN Platform as they shall govern your use of the KCG KIRAN Platform. By using or visiting the KCG KIRAN Platform or any KCG KIRAN software, data feeds, and service provided to you on, from, or through the KCG KIRAN Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) KCG KIRAN’s Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the KCG KIRAN Platform.
The domain name, Website and the Apps are owned, registered and operated by Sorting KCG KIRAN Services Private Limited, a private company incorporated under the Companies Act, 2013, and having its registered office at 3B-137, Budhi Vihar, Delhi Road, Moradabad, Uttar Pradesh, India, (hereinafter referred to as “KCG KIRAN” or “ us” or “we” or “our” or “Company”).
1. These Terms and Conditions apply to all Users of the KCG KIRAN Platform, including educators who are also contributors of User Content on the KCG KIRAN Platform. The KCG KIRAN Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the KCG KIRAN Platform, such as the KCG KIRAN online platform, KCG KIRAN Plus - Subscription, KCG KIRAN Bytes and any other service or application that KCG KIRAN introduces from time to time.
2. KCG KIRAN Platform is an live/online platform that supports and facilitates live class/training programme, the online creation of educational videos/or tutorials, by the Users of the KCG KIRAN Platform and acts as an intermediary between the educator and the User. A User may create a video, audio clip or tutorial, by using the KCG KIRAN Platform. Such content uploaded through the use of the KCG KIRAN Platform shall hereinafter be referred to as “User Content”. You agree and acknowledge that KCG KIRAN has no control over and assumes no responsibility for, the User Content and by using the KCG KIRAN Platform you expressly relieve KCG KIRAN from any and all liability arising from the User Content.
3. The KCG KIRAN Platform may include or contain links to any third-party websites that may or may not be owned or controlled by KCG KIRAN. KCG KIRAN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, KCG KIRAN will not and cannot censor or edit the content of any third-party site. By using the KCG KIRAN Platform, you expressly relieve KCG KIRAN from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website you read and understand the terms and conditions and privacy policy of each such website that you visit.
4. Subject to these Terms and Conditions, Privacy Policy and all other other rules and policies made available or published elsewhere, KCG KIRAN hereby grants the you a non-exclusive, non-transferable, non-sublicensable, limited license to use the KCG KIRAN Platform in accordance with these Terms and Conditions.
5. You agree and acknowledge that KCG KIRAN shall have the right at any time to change or discontinue any aspect or feature of the KCG KIRAN Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, KCG KIRAN may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. KCG KIRAN reserves the right to refuse access to the KCG KIRAN Platform, terminate Accounts, remove or edit contents without any notice to You.
In order to access some of the features of the KCG KIRAN Platform, you may have to create your account with KCG KIRAN. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify KCG KIRAN immediately of any breach of security or unauthorized use of your account. At no point in time will KCG KIRAN be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to KCG KIRAN or others due to such unauthorized use, if any. KCG KIRAN takes no responsibility for any User Content that is uploaded on the KCG KIRAN Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the KCG KIRAN Platform provided herein.
KCG KIRAN hereby grants you permission to access and use the KCG KIRAN Platform as set forth in these Terms and Conditions, provided that:
1. You agree not to distribute in any medium any part of the KCG KIRAN Platform or the content without KCG KIRAN’s prior written authorization.
2. You agree not to alter or modify any part of the KCG KIRAN Platform.
3. You agree not to access content of any other User through any technology or means other than the video playback pages of the KCG KIRAN Platform itself.
4. You agree not to use the KCG KIRAN Platform for any of the following commercial uses unless you obtain KCG KIRAN’s prior written approval:
• the sale of access to the KCG KIRAN Platform;
• the sale of advertising, sponsorships, or promotions placed on or within the KCG KIRAN Platform or content; or
• the sale of advertising, sponsorships, or promotions on any page or website that provide similar KCG KIRAN Platform as that of KCG KIRAN.
1. You agree to receive installs and updates from time to time from KCG KIRAN. These updates are designed to improve, enhance and further develop the KCG KIRAN Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit KCG KIRAN to deliver these to you) as part of your use of the KCG KIRAN Platform.
2. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the KCG KIRAN Platform in a manner that sends more request messages to KCG KIRAN’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, KCG KIRAN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. KCG KIRAN reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the KCG KIRAN Platform, nor to use the communication systems provided by the KCG KIRAN Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the KCG KIRAN Platform with respect to User Content.
3. You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give KCG KIRAN limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its KCG KIRAN Platform and in any of its marketing or promotional activities.
4. In your use of the KCG KIRAN Platform, you will at all times comply with all applicable laws and regulations.
5. KCG KIRAN reserves the right to discontinue any aspect of the KCG KIRAN Platform at any time with or without notice at its sole discretion.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
1. KCG KIRAN Content utilized on the KCG KIRAN Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to KCG KIRAN and subject to copyright and other intellectual property rights under the law.
2. User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the KCG KIRAN Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by KCG KIRAN on the KCG KIRAN Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of KCG KIRAN or the respective licensors of the User Content. KCG KIRAN and its licensors reserve all rights not expressly granted in and to the KCG KIRAN Platform and the User Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the KCG KIRAN Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the KCG KIRAN Platform or the User Content therein.
4. You understand that when using the KCG KIRAN Platform, you will be exposed to User Content from variety of sources and by different Users, and that KCG KIRAN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KCG KIRAN with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless KCG KIRAN, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the KCG KIRAN Platform.
1. As an KCG KIRAN User, you may submit User Content on the KCG KIRAN Platform, including videos and User comments. You understand that KCG KIRAN does not guarantee any confidentiality with respect to any User Content you submit.
2. You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the KCG KIRAN Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to KCG KIRAN to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the KCG KIRAN Platform pursuant to these Terms and Conditions for the duration the said User Content is available on KCG KIRAN Platform.
3. For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to KCG KIRAN, you hereby grant KCG KIRAN a limited, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the KCG KIRAN Platform and KCG KIRAN’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the KCG KIRAN Platform in any media formats and through any media channels. You also hereby grant each User of the KCG KIRAN Platform a limited, non-exclusive license to access your User Content through the KCG KIRAN Platform. The above licenses granted by you in the User Content you submit to the KCG KIRAN Platform terminate within a commercially reasonable time after you request KCG KIRAN to remove or delete your videos from the KCG KIRAN Platform provided you pay the mutually agreed amount that KCG KIRAN incurred in providing the KCG KIRAN Platform to you. You understand and agree, however, that KCG KIRAN may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonial you submit are perpetual and irrevocable.
4. You further agree that User Content you submit on the KCG KIRAN Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant KCG KIRAN all of the license rights granted herein.
5. Furthermore, you confirm that the User Content uploaded by you is not:
a. False, inaccurate or misleading;
b. Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. Violate any law, statue, ordinance or regulation;
d. defamatory, unlawfully threatening or unlawfully harassing;
e. obscene or contain pornography.
f. Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. You understand and confirm that you shall not during your use of the KCG KIRAN Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of KCG KIRAN that you are engaged in any kind of harassment of other Users, then in such a case you agree that KCG KIRAN shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
7. KCG KIRAN at its sole discretion may process any audio or audio-visual content uploaded by you to the KCG KIRAN Platform to confirm if the same is in accordance with the KCG KIRAN internal quality requirements and is compatible with the KCG KIRAN Platform.
8. KCG KIRAN does not endorse any User Content submitted on the KCG KIRAN Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and KCG KIRAN expressly disclaims any and all liability in connection with User Content. KCG KIRAN does not permit copyright infringing activities and infringement of intellectual property rights on the KCG KIRAN Platform, and KCG KIRAN will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. KCG KIRAN reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
The KCG KIRAN Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the KCG KIRAN Platform is owned and controlled by KCG KIRAN and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content. Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, KCG KIRAN owns all IPR to and into the trademark “KCG KIRAN”, “KCG KIRAN PLUS” and the KCG KIRAN Platform. The mark “ KCG KIRAN” is the sole property of KCG KIRAN. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from KCG KIRAN.
When you visit KCG KIRAN Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on KCG KIRAN Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
1. KCG KIRAN will terminate a User's access to the KCG KIRAN Platform, if
a. the User is a repeat copyright infringer;
b. the Users breaches any terms of these Terms and Conditions.
c. Violation of any applicable laws;
d. your use of the KCG KIRAN Platform disrupts our business operations or affects any other party/ User; or
e. you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against KCG KIRAN.
2. KCG KIRAN reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that KCG KIRAN deems fit from time to time. KCG KIRAN may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
3. We may suspend access to the KCG KIRAN Platforms or require You to change Your password if we reasonably believe that the KCG KIRAN Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the KCG KIRAN Platforms will not affect liability previously incurred by You.
In case any of the above-mentioned cases occur, KCG KIRAN reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
1. KCG KIRAN shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
2. Payments shall not be made for the work that is the subject matter of any of the breaches.
3. User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
1. KCG KIRAN operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
2. As part of KCG KIRAN's copyright policy, KCG KIRAN will terminate User access to the KCG KIRAN Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
3. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
1. Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we an intermediary, allow general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on KCG KIRAN Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the KCG KIRAN Platform, including the educator name, topic and any other detail identifying the infringing content;
4. Your email address, your physical address and telephone number;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows: Email us at kcgkiran@gmail.com
1. Our policy to deal with Copyright infringements: We follow a 3-strike policy- Three instances brought to our notice that are provided with all required supporting information will lead to the educator getting banned from the KCG KIRAN Platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. The detailed process is as under: 1. First case of violation- The infringing User Content is taken down and educator is given a warning and is suspended for a week from making any new courses. 2. Second case of violation- The educator is suspended from making any more videos on the KCG KIRAN Platform for a month and all User Content that amount to copyright violations are brought down immediately. 3. Third violation- The educator is banned from the KCG KIRAN Platform and will be unable to make any more courses in the future.
You will not without obtaining prior written consent of KCG KIRAN, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the KCG KIRAN Platform. For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to KCG KIRAN or KCG KIRAN Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of KCG KIRAN and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE KCG KIRAN PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KCG KIRAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE KCG KIRAN PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, KCG KIRAN EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON KCG KIRAN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE KCG KIRAN PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE KCG KIRAN PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE KCG KIRAN PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KCG KIRAN PLATFORM. KCG KIRAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR KCG KIRAN PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KCG KIRAN PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KCG KIRAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KCG KIRAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT KCG KIRAN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR KCG KIRAN PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE KCG KIRAN PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR KCG KIRAN PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KCG KIRAN PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KCG KIRAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, KCG KIRAN LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE KCG KIRAN PLATFORMS AGAIN. YOU SPECIFICALLY ACKNOWLEDGE THAT KCG KIRAN SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE KCG KIRAN PLATFORM IS CONTROLLED AND OFFERED BY KCG KIRAN FROM ITS FACILITIES IN INDIA. KCG KIRAN MAKES NO REPRESENTATIONS THAT THE KCG KIRAN PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE KCG KIRAN PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless KCG KIRAN, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the KCG KIRAN Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the KCG KIRAN Platform.
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the KCG KIRAN Platform. KCG KIRAN reserves the right to refuse access to use the KCG KIRAN Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so. We provide these Terms and Conditions with our KCG KIRAN Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the KCG KIRAN Platform is subject to the most current version of the Terms and Conditions made available on the KCG KIRAN Platform at the time of such use.
KCG KIRAN shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the KCG KIRAN Platform. You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Moradabad, Uttar Pradesh India.
KCG KIRAN may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the KCG KIRAN Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
Copyrights © 2020 KCG Kiran- All Right Reserved
