Published on APRIL 14th 2018, This Terms of Use agreement shall be effective as on the date of its Publishing.
This is an electronic record published in accordance with the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is 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 of Use for access or usage of www.kaarbaar.com website and ‘kaarbaar’ application for mobile and handheld devices (jointly “Kaarbaar Platform”).
Kaarbaar Platform is owned and operated by Kaarbaar, a proprietary concern having its registered office at 6th Floor, Essel Tower, Bunts Hostel Circle, Mangalore 575003. For the purpose of these Terms of Use, wherever the context so requires “you” “your” or “user” shall mean any natural or legal person who has agreed onthese Terms and Conditions and avail services offered by Service Providers through the Kaarbaar Platform using the computer systems. Kaarbaar shall be interchangeably referred to as “Kaarbaar”, “we”, “us” or “our” as may the context require. “Service Seeker” shall mean and include the customer who express their intention to avail services offered by Service Providers through the Kaarbaar Platform.
This is an agreement between you and kaarbaar that governs your use of the Kaarbaar Platform. Please read these Terms of Use carefully before you use the kaarbaar Platform. If you do not agree to these Terms of Use, you may not offer services on the kaarbaar Platform and we request you to uninstall the App. By installing, downloading or even merely using the kaarbaar Platform, you shall be contracting with Kaarbaar and you signify your acceptance to the Terms of Useand other policies (including but not limited to the Privacy Policy and Disclaimer being incorporated by reference herein) which take effect on the date on which you download, install or use the Kaarbaar Platform, and create legally binding agreement to abide by the same.
Important: These Terms of Use are subject to modifications, and Kaarbaar reserve the right to modify or change these Terms of Use and other policies at any time. You shall be liable to update yourself of such changes, if any, by accessing the changes on the Kaarbaar Platform often. You shall, at all times, be responsible for regularly reviewing the Terms of Use and other policies and note the changes made on the Kaarbaar Platform and continued use.
General Terms:
Kaarbaar provides listing services on Kaarbaar Platform in order to enable transactions between Service Provider(s) dealing with various services and products, and Service Seeker(s). You shall avail services from the listed Services under various categories made available on the Kaarbaar Platform by booking order (Booking) on the Service Provider of your preference. You can choose service from a Service Provider basis on the distance/type of service offered/rating of such service provider and such Bookings are subject to confirmation from the Service Provider. The Services offered on the Kaarbaar Platform is subject to Terms and Conditions contained herein.
Binding principles (Binding Principles) You shall agree, undertake and confirm to strictly adhere to while using the Kaarbaar Platform: -
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which
belongs to another person and which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading or misrepresentative in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights including but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Kaarbaar Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Kaarbaar Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Kaarbaar Platform. Throughout this Terms of Use, Kaarbaar’s prior written consent means a communication coming from Kaarbaar’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Kaarbaar Platform;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Kaarbaar Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harm minors in any way;
infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offense or prevents investigation of any offense or is insulting any other nation;
is false, inaccurate or misleading;
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers; or
directly or indirectly, offers or attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or anyother automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Kaarbaar Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Kaarbaar Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Kaarbaar Platform . We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Kaarbaar Platform, or any other systems or networks connected to the Kaarbaar Platform or to any server, computer, network, or to any of the services offered on or through the Kaarbaar Platform, by hacking, password mining or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Kaarbaar Platform or any network connected to the Kaarbaar Platform nor breach the security or authentication measures on the Kaarbaar Platform or any network connected to the Kaarbaar Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Kaarbaar Platform not owned by you, to its source, or exploit the Kaarbaar Platform or any service or information made available or offered by or through the Kaarbaar Platform , 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 Kaarbaar Platform .
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Kaarbaar’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Kaarbaar or user on platform or otherwise tarnish or dilute any of Kaarbaar’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Kaarbaar Platform or Kaarbaar’s systems or networks, or any systems or networks connected to Kaarbaar.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Kaarbaar Platform or any transaction being conducted on the Kaarbaar Platform, or with any other person’s use of the Kaarbaar Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Kaarbaar Platform or any service offered on or through the Kaarbaar Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. viii. You may not use the Kaarbaar Platform or any content on the Kaarbaar Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Kaarbaar and/or others.
You represent that you are of legal age (18 years and above) to form abinding contract. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Kaarbaar Platform. If you are under 18 years of age and you wish to download, install, access or use the Kaarbaar Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use, you shall immediately discontinue its use. Your Membership and/or access to the Kaarbaar Platform will be restricted if Kaarbaar has reasons to believe that you are under the age of 18 years.
You shall at all time, (a) provide and maintain true, accurate, current and complete information about yourself while registering on Kaarbaar Platform to avail the Services, (b) use this Platform in fair manner and do not abuse or misuse for unlawful gains, cause unlawful losses to anybody. We reserve the right to suspend or terminate your account and refuse current or future access toKaarbaar Platform, at our sole discretion, if found(a) the information provided by You is untrue, inaccurate and incomplete,(b) abusing the Platform and Services offered on this Platform, without any prior notice.
You are required to enter a valid mobile phone number while registering on Kaarbaar Platform. By registering your mobile phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any subscription/service updates. If we do so, you will be provided the option to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications, or you wish to have your name deleted from our mailing lists, please contact us as indicated below. If you are registered with the DND National registry you may not receive any promotional messages from us.
By accessing the Kaarbaar Platform using a mobile telecommunication device, you represent that to the extent You import any of Your Kaarbaar data to the mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Kaarbaar account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility.
If you choose to use the Kaarbaar Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Kaarbaar Platform and its content available to you. In the event the Kaarbaar Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Kaarbaar Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Kaarbaar Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensure compliance of applicable laws, regulations, bye-laws, licenses, registrations, permits, authorizations, rules and guidelines.
You shall at all times be responsible for the use of the Services through Kaarbaar Platform and for bringing these Terms of Use to the attention of all such persons accessing the Kaarbaar Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Kaarbaar Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Kaarbaar Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant irrevocable permission to Kaarbaar to receive promotional messages and e-mails from Kaarbaar or allied partners. In case you wish to opt out of receiving promotional messages or email please send a mail to info@kaarbaar.com
Kaarbaar, in order to provide seamless services to its users, provides you with location-based services. In order to facilitate the said location-based services, you hereby authorise Kaarbaar to use the geo-location information provided by any of the telecommunication companies when yo`u use the mobile phone to extend the services. The location-based information will be used only to facilitate and improve services offered to you.
Your use of the Kaarbaar Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
All necessary licenses, consents, permissions,and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
You will not (a) use any services provided by the Kaarbaar Platform for commercial purposes of any kindor solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event, you want to advertise your product or service contact info@kaarbaar.com
You release and fully indemnify Kaarbaar and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Kaarbaar Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Kaarbaar cannot take responsibility or control the information provided by other Users which is made available on the Kaarbaar Platform You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Kaarbaar Platform.
We reserve the right, but have no obligation, to monitor the materials posted on the Kaarbaar Platform. Kaarbaar 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 these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Kaarbaar Platform and in your private messages. Please be advised that such Content posted does not necessarily reflect Kaarbaar views. In no event shall Kaarbaar assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from theuse of Content and/or appearance of Content on the Kaarbaar Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Kaarbaar Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Kaarbaar Platform.
It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Kaarbaar Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Kaarbaar Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Kaarbaar Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Kaarbaar Platform. Please carefully select the type of information that you publicly disclose or share with others on the Kaarbaar Platform.
Important conditions for use of Services:
There are certain Services that necessitates the entry of service providers into your premises, Youshould compulsorily ensure the scheduled time of Service is during reasonable hours of the Day and there is an active supervision of the service providers. Kaarbaar will be unable to monitor the enabledServices when availed by the User in absence of any supervisors at the address where service is scheduled to be received.
All commercial/contractual terms including without limitations to price, applicable taxes, transportation costs, payment methods, payment terms, date, period and mode of delivery and warranties related to products and services and after-sales services related to products and services have to be agreed between you and the Service Provider alone. Kaarbaar does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Service Provider and you.
The service fee/charges applicable to the Services availed by You shall be paid by you directly to the service provider. You are advised to collect a valid invoiceagainst paymentsimmediately upon completion of the task.
You are requested not to solicit the services of the service provider. Kaarbaar will not be responsible for any acts, omissions, service quality of the service provider if You have engaged the services of such service provider without reference to Kaarbaar.
Kaarbaar shall not be liable for any conduct or behavior or actions of Service Providers. However, upon notification of such incident that shall be brought to our knowledge, by way of complaints that you may have against the service provider who has provided You, Kaarbaar shall enquire into the matter and initiate stringent action including but not limited to delisting such Service Provider.
Any questions or complaints regarding the services rendered, you may choose to write to on the comment section and rate the service provider or revert to us within 1 day by writing to us on info@kaarbaar.com You shall specify thecategory of services, booking referance and the details of complaint in such complaints. Depending on the category of service availed, Kaarbaar will provide You with the appropriate recourse to address your concerns.
The services availed by you are subject to this Terms of use and shall also be subject to the standard terms of trade in practice in the geographical area the services were availed by You. It shall be your sole responsibility to ensure you discuss with the service provider and agree to such specific terms.
Intellectual Property
Each Party owns all right, title and interest in their respective trade names, service marks, inventions, copyrights, trade secrets, patents, and other intellectual property (“Intellectual Property”). These Terms of Use does not constitute a license or a right to use any Party’s Intellectual Property other than as expressly set out in these Terms of Use. You and we agree that, in the event of any third-party claims infringement of its intellectual property rights on the Platform, and such content which is alleged to have infringed such third party intellectual property rights has been shared on the Platform by you, it shall be your responsibility to investigate, defend, settle and discharge any such intellectual property infringement claim in relation to such content on the Platform.
Kaarbaar respects thethird party intellectual property rights. Intellectual property owners can report listings that infringe their right to ensure that infringing contents are removed from the Platform.
Limitation of Liability
For the purposes of this clause, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Terms of Use, including liability expressly provided for under this Terms of Use or arising by reason of the invalidity or unenforceability of any term of this Terms of Use. Kaarbaar does not exclude or limit Liability for any Liability that cannot be excluded by law.Subject to the preceding sentence, Kaarbaar shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise.
Governing Law
This Terms of Use shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days, shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The Arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force. The venue of the arbitration shall be Bangalore and the arbitration shall be conducted in theEnglish language. Subject to the foregoing, the courts at Mangalore shall have exclusive jurisdiction.
Notice
All notices under these Terms of Use shall be sent by registered post acknowledgment due, contemporaneous courier or email to the address mentioned below; Kaarbaar.com, office at 6th Floor, Essel Tower, Bunts Hostel Circle, Mangalore 575003. Time: 9.00 AM to 5.30 PM from Monday to Friday.Telephone: +917022747022 email Id info@kaarbaar.com
© 2018 www.kaarbaar.com. All rights reserved.
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