Effective Date: 28th Oct 2024

Website Covered: www.kanchaneshver.com

1. Introduction

For the Individual Customer

Welcome to KSDPL ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website www.kanchaneshver.com, and any related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

For the Entity

This is an agreement between you or the entity you represent (hereinafter "you" or "your") and Kanchaneshver Sales & Distribution Private Limited (hereinafter "KSDPL") that governs your use of the KSDPL suite of online business productivity and collaboration software.

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

2. Acceptance of the Agreement

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.

3. Description of Service

We provide cloud software and applications for businesses, including associated offline and mobile applications ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account, and if you choose to do so, you can publish and share such content.

4. Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that KSDPL will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.

5. User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if KSDPL has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, KSDPL may terminate your user account and refuse current or future use of any or all of the Services.

6. Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; (v) use third-party links to sites without agreeing to their website terms & conditions; (vi) post links to third-party sites or use their logo, company name, etc. without their prior written permission; (vii) attempt to gain unauthorized access to the Services or its related systems or network; (viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, or resource of KSDPL; (ix) use the Services to send or store material containing software viruses, worms, or other harmful computer codes, files, scripts, or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security, or performance of the Services, its components, and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; (xii) violate any applicable local, state, national, or international law; (xiii) use the Services for any form of competitive or benchmarking purposes; and (xiv) remove or obscure any proprietary or other notices contained in the Services; (xv) use our Services in any manner that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other countries; (xvi) create a false identity to mislead any person as to the identity or origin of any communication; (xvii) use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; or (xviii) use the services in a manner that relates to or encourages any activity prohibited by law in India.

7. Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

8. Third Party Applications

KSDPL Services integrate with many third-party applications (hereinafter "Third Party Application(s)"). Access and use of the Third-Party Applications may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third-Party Terms before accessing or using any Third-Party Application. You acknowledge and agree that KSDPL is not liable for any Third-Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that KSDPL may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from KSDPL Services, any Third-Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

9. Refund Policy of Fees

The Services are available under various Lenders' schemes. If you decline a Service and want a refund of the Fee, it will be entirely dependent on the Lenders' refund policy. If the Lender is willing to refund the Fee paid by you, and if the Fee is paid through KSDPL, the refund will be assured within a period of 30 days from the date of written application submitted by you. From time to time, Lenders may change the price of the Services or charge a fee for using the Services which are currently available free of charge. You are therefore requested to read the Privacy Policy of the respective Lenders by visiting their website. If GST, VAT, sales tax or any similar taxes are levied by KSDPL as per any local, state, provincial or foreign law in respect of KSDPL's paid services other than Lenders' services, KSDPL will send you an invoice for such taxes. You agree to pay such taxes to KSDPL. KSDPL will provide you an invoice in the format prescribed by applicable local, state, provincial or foreign laws to enable you to avail applicable input tax credit for taxes paid.

10. Personal Information and Privacy

Personal information you provide to KSDPL through the Service is governed by KSDPL Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the KSDPL Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to info@kanchaneshver.com or by calling us on any of the numbers listed on www.kanchaneshver.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

11. Communications from KSDPL

The Service may include certain communications from KSDPL, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

12. Complaints

If we receive a complaint from any person with respect to your activities as part of use of the Services (other than where the grievance redressal mechanism provided under the head "Grievance Redressal" applies), we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy KSDPL in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by KSDPL to the complainant.

13. Grievance Redressal

In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, our Grievance Officer, Rakesh Chowdhary, can be contacted by sending an email to info@kanchaneshver.com or by phone at 9201963018.

14. Trademark

KSDPL, KSDPL logo, the names of individual Services and their logos are trademarks of Kanchaneshver Sales & Distribution Private Limited. You agree not to display or use, in any manner, the KSDPL trademarks, without KSDPL’s prior permission.

15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. KSDPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KSDPL MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM KSDPL, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

16. Indemnification

You agree to indemnify and hold harmless KSDPL, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement , or any other claim related to your use of the Services, except where such use is authorized by KSDPL.

17. Governing Law and Jurisdiction

Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Madhya Pradesh in accordance with the laws of India without regard to conflict of law principles.

18. Modification of Terms of Services

We may modify this Agreement upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing KSDPL notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.