1. Terms and conditions subject to change 1.1 We reserve the right to update or modify these T&C at any time without prior notice. Your access of the Website and use of the Services following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the Services.
2. Eligibility 2.1 You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the Services if you are not competent to contract under the applicable laws, rules and regulations. 2.2 If you are accessing the Website and the Services are being used for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Website and/or the Services shall be subject to the T&C. 2.3 If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Services and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as Klasy Innovations Pvt Ltd may require in connection therewith.
3. Intellectual Property Rights Policy 3.1 All of the content on the Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, tradenames, trade secrets (“Services Content”), constitute our and our partners’ intellectual property. Copyright laws in all applicable jurisdictions protect the Services and the Services Content 3.2 You may access the Services, avail of the features and facilities and utilize the Services Content for your personal or internal requirements only. You agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Services Content, features or facilities, directly or indirectly, except as expressly authorized herein. In case you want to request permission to commercially exploit any Services Content, you could contact us 3.3 Klasy Innovations Pvt Ltd is the sole owners of the underlying software and source code associated with the Services and all the trademarks, copyright and any other intellectual property rights of any nature in the Services.
4. User Account, Password & Security 4.1 You are required to create an account (“Account”) on the Website to have access to the Services. You are are responsible for maintaining the confidentiality of your login credentials and your Account and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4. 4.2 You hereby acknowledge that the deletion of the Services from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If you are desirous of having your name and other details removed from the records of Klasy Innovations Pvt Ltd, immediately upon receiving your written request to that effect Klasy Innovations Pvt Ltd shall remove and/delete all such information.
5. User Communications 5.1 Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Services. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS 5.2 You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided (at the time of registering on the Website or thereafter or for creating an Account) to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone/ mobile numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a telephone/ mobile number(s) and/or email address(es).
7. Accuracy of materials 7.1 The material as part of the Services and as appearing on the Website could include technical, typographical, or photographic errors. Klasy Innovations Pvt Ltd does not warrant that any of the material on the Website is accurate, complete or current. While, Klasy Innovations Pvt Ltd may make changes to the material made available as the Services or on the Website at any time without notice, however it is under no obligation to update the material.
9. Third Party Links, Promotions and Advertisements 9.1 All the websites linked to the Website are not verified by Klasy Innovations Pvt Ltd and inclusion of any link does not imply endorsement by Klasy Innovations Pvt Ltd and usage/ access of/ to any such linked website is at the user's own risk. 9.2 The Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties. 9.3 You acknowledge and agree that Klasy Innovations Pvt Ltd is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
10. Force Majeure 10.1 Klasy Innovations Pvt Ltd shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.
11. Payments and Refund Policy 11.1 The subscription term will end on the expiration date and you cannot cancel it before its expiration. Klasy Innovations Pvt Ltd will not provide refunds if you decide to stop using the Website during your subscription term.
12. Indemnification 12.1 You agree to protect, defend and indemnify us and hold us and our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Website and/ or the Services in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. 12.2 The terms of this provision will survive any termination or cancellation of these T&C or your use of the Services.
13. Warranties 13.1 The Services and the functions and feature of the Website are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 13.2 Klasy Innovations Pvt Ltd shall make reasonable efforts to provide the Services and the functions and features. However, we make no warranty that the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom. 13.3 Klasy Innovations Pvt Ltd shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections. 13.4 Any material downloaded or otherwise obtained through the Services is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these T&C.
14. Limitation of Liability 14.1 In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. this clause shall survive in perpetuity.
15. Confidentiality 15.1 You will not disclose any information provided to you including the User list, customers list, name and addresses, ideas, business model, processes, concepts etc. relating to Klasy Innovations Pvt Ltd or the Website to any third party (“Confidential Information”) that has been disclosed to you or come into your knowledge during the subscription term. 15.2 You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of Klasy Innovations Pvt Ltd and any breach of the same shall cause irreparable damage to Klasy Innovations Pvt Ltd.
16. Severability 16.1 If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
18. Waiver 18.1 Any failure on the part of Klasy Innovations Pvt Ltd to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by Klasy Innovations Pvt Ltd of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
19. Assignment 19.1 You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of Klasy Innovations Pvt Ltd. Subject to the foregoing, these T&C will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. Klasy Innovations Pvt Ltd’s rights under the T&C are freely transferable by Klasy Innovations Pvt Ltd to any third parties without the requirement of intimating you or seeking your consent.
20. Updates 20.1 Klasy Innovations Pvt Ltd reserves the right to update the Website and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation. 20.2 You hereby agree to install the updates from time to time and acknowledge that Klasy Innovations Pvt Ltd will only be able to provide Account support for the Services if you ensure to install all updates upon receiving notifications thereof when using the Services.
21. Validity of T&C 21.1 These T&C shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account.
23. Contact Us: 23.1 You may contact us at [email protected] or +91 22 69159999