As updated on 18th April, 2017.
You have accessed our app (App) and/or our Website www.khelomore.com (Website).
The domain name KheloMore is owned by Khelomore Sports Private Limited, a private company incorporated under the (Indian) Companies Act, 2013 bearing CIN U74999MH2016PTC289020 and having its registered office at 276, Ganesh Bhuvan, 2nd Floor, Telang Road, Matunga (East), Mumbai 400 019, Maharashtra, India (KheloMore or us or weor our or Company). The Website and/or App are internet based portals owned and operated by KheloMore.
ELIGIBILITY TO USE
Use of the Website and/or App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 Website and/or App. As a minor if You wish to use the Website and/or App, such use may be made through Your legal guardian or parents who will be deemed to have given their consent to allow any of their minor dependents to use this Website and/or App at the risks and consequences of the legal guardian or parents, as the case may be.
KheloMore reserves the right to terminate Your registration and / or refuse to provide You with access to the Website and/or App if it is brought to KheloMore 's notice or if it is discovered or if KheloMore has reason to believe that You are incompetent to contract within the meaning of the Indian Contract Act, 1872. Further, KheloMore reserves the right to refuse access to use the Services offered at the Website and/or App to new Users or to suspend and/or terminate access granted to existing and/or registered Users at any time without according any reasons for doing so.
The Website and/or App is an online platform that supports and facilitates its registered Users to gain access to coaches, academies and expert knowledge related to various sports and related facilities, as are enlisted on this Website and/or App and provide services thereto including but not limited to making online bookings and/or registrations with expert coaches and/or academies and/or turfs that the User is interested in, as per the requirements of the User and availability of the coaches and/or academies and/or turfs and/or any other third-party associated with us in providing the services (Service Providers), through our Website and/App (Services). In case You have any queries with respect to our Services, we encourage You to write to us at email@example.com and we shall be glad to assist You.
To use the Services, the registered Users would be required to select the sports, coach/academy/turf etc., day, time, area and such other information as may be required on our Website and/or App (Original Booking). Thereafter, the User would be required to pay the fees for such Services (Fees), as per the fees schedule stated therein, through the payment options and/or gateways enlisted on our Website and/or App. On receipt of payments, we shall immediately provide You with a system-generated provisional confirmation of the Original Booking (Provisional Confirmation). Within 48 (Forty-Eight) working hours from the issue of the Provisional Confirmation, we shall either provide you a final confirmation of the booking or shall contact You for revising the Original Booking in the event we are unable to get You the desired parameters stated in your Original Booking. In such an event where we are unable to get You confirmation on Original Booking, we shall on best efforts basis, try to provide You with alternate time/day/area etc. slots, similar to your Original Booking, which may or may not be with the same Service Providers. Incase you confirm the proposed alternate options, you would be required to revise the details on the Website and/or App (Revised Booking). It is hereby clarified that incase the Fees for the Original Booking is lower than the Revised Booking, you would be required to pay the differential amount through the payment link available on our Website and/or App to generate final confirmation; and incase the Fees for the Original Booking is higher than the Revised Booking, we would refund the differential as per our refund policy. Once the Fees for the Original Booking or the revised Fees for the Revised Booking is paid to Us, we shall provide You with the final confirmation (ÒFinal ConfirmationÓ) within 48 (forty-eight) working hours from the time of receipt of full Fees. Please refer our detailed Pricing and Refund terms as stated hereunder for clarity on any queries with respect to the same.
Incase you are dissatisfied by the alternate options provided by Us, you shall have the right to cancel the Provisional Confirmation and we shall refund the Fees paid by you as per our terms of Refund as stated herein.
In the event You are a Service Provider associated with KheloMore, You shall be expected to confirm such bookings and/or registrations as per the terms of our engagement with You. If You accept any bookings and/or registrations, You shall not be allowed to cancel and/or re-schedule the same, unless permitted in Your terms of engagement or approved in advance in writing by Us. You may, before accepting such bookings and/or registrations, put the same under review, and we shall contact you to identify the reasons for non-acceptance. You hereby agree that you would give preference to all booking requests received through Khelomore's Website and/or App.
It is hereby clarified that the Provisional Confirmation and/or the Final Confirmation is personal and non-transferable.
Any error or omission of any information that we publish about the Services shall be subject to correction.
INTERRUPTION OF SERVICES
We reserve the right, but are not obligated, to limit the provision of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services or pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any Service at any time. Any Provisional Confirmation and/or Final Confirmation for any Service made on this site is void, if prohibited under any applicable law.
PRICING AND REFUND
At KheloMore, we have customized pricing according to the Services rendered by us. The prices of the Services stated are in Indian Rupees and are inclusive of service tax, the details of which are provided to You beforehand according to the effort, efficiency and the output of the Service.
The registered User shall be able to book and/or register for a Service with any particular Service Provider only on advance payment of the Fees associated with the Services selected by You. The payment shall be made only through the payment gateways and modes enlisted on our Website and/or App.
On receipt of Final Confirmation from KheloMore, the User shall not be expected to pay any extra charges, unless the nature of transaction so requires. However, in the event of Revised Booking, You may be required to pay the differential in the Fees of the Original Booking and the Revised Booking.
Incase you decline the alternate options proposed by Us or incase the fees paid for the original booking is higher than the fees payable for the Revised Booking, we shall refund the full fees or the differential fees, as the case be, within 7 (seven) working days from the date of Your decision of cancellation of the Provisional Confirmation or selection of the Revised Booking, as the case be.
We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur.
By providing a credit card or other payment method that we accept, You represent and warrant that You are authorized to use the designated payment method and that You authorize us (or our third-party payment processor) to charge Your payment for the total amount towards the Services as stated in the Final Confirmation (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Your service request may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with Your service request. In the event You want to change or update payment information associated with Your KheloMore account, You can do so at any time by logging into Your account and editing Your payment information. You acknowledge that the amount billed may vary due to promotional offers, change in Your preferred sessions or changes in applicable taxes or other charges, and You authorize us (or our third-party payment processor) to charge Your payment method for the corresponding amount.
Prices may be adjusted at any time and for any reason (or no reason) and without providing You prior notice. Services booked and paid for, are subject to availability, and we reserve the right to cancel all or part of Services and to discontinue making certain Services available through KheloMore without prior notice.
It is hereby clarified that the User shall not be permitted to cancel the Provisional Confirmation and obtain any refund against it under any circumstances, except as stated below:
a. the event KheloMore is unable to confirm the Services for which Provisional Confirmation is generated; OR
b. if the User is not willing to opt for any alternate Services suggested by KheloMore.
You shall have to apply for registration as a User to use our Website and/or App. KheloMore shall provide the Services to You through the Website and/or App only, if You have created an account and are registered with us. We shall be entitled to ask You to submit certain information (Account Information) that shall qualify the eligibility criterias laid down for registration by KheloMore from time to time. Each registered User will be given a unique registration id/Your name and password. You can even apply for registration through any other login ID and password (including Facebook, Gmail or Yahoo ID) (Account). KheloMore reserves the right to ask the applicant for more information, if necessary. KheloMore may, for reasons it deems necessary, refuse registration of any User and it is clarified that the decision of KheloMore, in this case, shall be final and conclusive. You shall ensure that the Account Information provided by You is complete, true and accurate. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or KheloMore has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KheloMore has the right to suspend and/or terminate Your Account and refuse any and all current or future use of the Website and/or App (or any portion thereof). However, KheloMore reserves the right to allow restricted access to the Services for unregistered users but in such a case, only few functionalities of the Website and/or App and/or Services may be available for Your use.
You shall be responsible for maintaining the confidentiality of the Account Information and restricting access to Your computer/phone/tablet/any other device to prevent unauthorised access to Your Account. You shall be fully responsible for all activities that occur through Your Account. You shall:
a) register in Your own name only and all Account Information provided by You will be accurate and up-to-date;
b) not pass yourself off as someone else or create multiple and/or false Accounts;
c) promptly update any of Your Account Information in case of any change in the same and also update any new Account Information as required by KheloMore to do so;
d) not transfer Your membership/registration to another person;
e) immediately notify KheloMore of any unauthorized use of Your Account or any breach of security;
f) inform KheloMore immediately if You have reason to believe that Your password is known to someone else or if Your Account is being, or is likely to be, used in an unauthorized manner;
g) log out of Your Account at the end of each session.
KheloMore shall not be responsible for Your failure to comply with the above. You may be held liable for any loss incurred by KheloMore or any other third party due to any authorized or unauthorized use of Your Account and You shall be responsible to indemnify KheloMore for the same.
You can access and administer Your Account by entering the username and password. You can also update Your personal details (including Your Account Information and preferences) by accessing Your Account and making any necessary changes; this will update Your details across all Services of KheloMore. KheloMore would use this information to provide Your recommendations and options related to the Services requested by You. To deactivate Your account, You may follow the instructions given on our Website and/or App or You may contact our customer support team. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any payments that arise from Your failure to deactivate Your account.
TERMINATION/SUSPENSION OF ACCOUNT
We reserve the right to terminate or suspend Your Account and/or suspend Your access to the Services under the following circumstances (non-exclusive list):
ii. You are in breach of any laws that are applicable to You;
iii. Your use of the Service disrupts our business operations or affects any other party; or
iv. You have behaved in a way, which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring us and/or Company into disrepute.
If at any time, we notify You that Your access to and/or use of the Website and/or App or Your Account is suspended and/or terminated, You must cease and desist from all such access and/or use immediately.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website and/or App. We grant You a limited license to access and make use of our Website and/or App, however the following usages are not permitted:
1. downloading (other than page caching) or modifying content or any portion of it, on our App and/or Website, except with our express written consent;
2. any resale or commercial use, except as provided hereunder and agreed between KheloMore and You;
3. downloading or using other User's content without KheloMore's prior written consent;
4. any collection and use of any content, descriptions; any derivative use of Website and/or App or its contents;
5. any downloading or copying of Account information for the benefit of another person.
You shall not download any content from our Website and/or App, unless expressly permitted by KheloMore to do so.
You shall solely be responsible for maintaining the necessary computer equipment and/or mobile phone and the necessary hardware and software associated thereto and internet connections that may be required to access and use our Website and/or App.
You agree not to access (or attempt to access) the Website and/or App and the materials or Services by any means other than through the interface that is provided by KheloMore. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor any portion of the Website and/or App, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or App, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and/or App.
If Website and/or App allows You to post and upload any material on the Website and/or App, You hereby undertake to ensure that such material is not offensive and in accordance with Applicable Laws. Further, You undertake not to:
a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
c) Publish, post, submit to upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
d) Submit to upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
e) Submit to upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website and/or App or another's computer;
f) Engage in any activity that interferes with or disrupts access to the Website and/or App or the Services (or the servers and networks which are connected to the Website and/or App);
g) Attempt to indicate in any manner that You have a relationship with KheloMore or that KheloMore has endorsed You or any services for any purpose unless KheloMore has provided written permission to do so;
h) Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
i) Develop any third-party application that interacts with User Content or our Services without KheloMore's prior written consent;
j) Attempt to gain unauthorized access to any portion or feature of the Website and/or App, any other systems or networks connected to the Website and/or App, to any KheloMore server, or to any of the Services offered on or through the Website and/or App, by hacking, password mining or any other illegitimate means;
k) Probe, scan or test the vulnerability of the Website and/or App or any network connected to the Website and/or App, nor breach the security or authentication measures on the Website and/or App or any network connected to the Website and/or App;
l) You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website and/or App, or any other customer of KheloMore, including any Account not owned by You, to its source, or exploit the Website and/or App or Service or information made available or offered by or through the Website and/or App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website and/or App;
m) Disrupt or interfere with the security of, or otherwise cause harm to, the Website and/or App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website and/or App or any affiliated or linked sites;
n) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
o) Use any device or software to interfere or attempt to interfere with the proper working of the Website and/or App or any transaction being conducted on the Website and/or App, or with any other person's use of the Website and/or App;
q) Conduct or forward surveys, contests, pyramid schemes or chain letters;
r) Download any file posted by another User of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
s) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is submit for uploading or is uploaded;
t) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
u) Violate or breach any Applicable Laws or regulations for the time being in force within or outside India;
w) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and/or App;
x) Download or copy account information for the benefit of another User or any other third party; caching, unauthorized hypertext links to the Website and/or App and the framing of any other content available through the Website and/or App submitting for uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party);
y) any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools;
z) any unauthorized copying, reproduction, republishing, submit for uploading, downloading, posting, transmitting or duplicating of any of the material and/or content is expressly prohibited;
aa) Post and/or submit for uploading obscene or vulgar materials or use of obscene or vulgar language, or use of abusive, defamatory, profane, or threatening language of any kind;
bb) Undertake any activity which is not in compliance with applicable Indian and international laws; and
cc) You may not bypass any measures used by us to prevent or restrict access to the Website and/or App.
Any unauthorized use by You shall terminate the permission/consent granted to You and KheloMore shall, in its sole discretion, suspend/terminate Your registration and the decision of KheloMore shall be final and binding.
You acknowledge and agree that by accessing or using the Website and/or App or Services, You be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. KheloMore disclaims all liabilities arising in relation to such offensive content on the Website and/or App. Further, You may report such offensive content in the manner prescribed under herein. KheloMore shall, in its sole discretion, reserve the right to remove any content uploaded by any User whatsoever reasons. It is hereby clarified that the liability of the material of the any content posted by the User and views expressed therein shall at all times be that of the User contributing such content and KheloMore expressly disclaims all liabilities associated thereto and the User shall be responsible for infringement of any third-party rights.
You agree that KheloMore may, at any time, alter, modify, suspend or discontinue all or part of the Website and/or App, charge, charge fees for use of the Website and/or App, or offer opportunities to some or all Website and/or App Users and for any reason, without notice or cost.
INTELLECTUAL PROPERTY RIGHTS (IPR)
The Website and/or App and the processes, and their selection and arrangement, including but not limited to Software used to access the Services, all text, graphics, User interfaces, visual interfaces, sounds (if any), artwork and computer code on the Website and/or App are protected by rights, including copyright, design rights, database rights and trademarks. All these rights are either owned by us or licensed to us by the rights owner(s) for use with the Services or otherwise used by us as permitted by applicable law and various other national and international IPR laws and regulations.
The Services are intended for the individual, personal and non-commercial use by the User only. Accordingly, You may print and download extracts from the Website and/or App for Your own personal, non-commercial use, provided that any material copied remains intact and includes the following notice: Copyright © 2017, Khelomore Sports Private Limited. All rights reserved. Any other copying, distribution, storing, framing or transmission of any kind or any sort of commercial use of the material used in the Services or available on KheloMore is strictly prohibited without our express written consent. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, KheloMore owns and or has the right to use all IPR to and into the trademark "KHELOMORE", and the Website and/or App, including, without limitation, compilation of all content, software, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill,images, audio clips, digital downloads, data compilations, and software, source code, meta tags, databases, text, content, graphics, icons, logos, digital downloads, data compilations, software and the compilation of all contents and hyperlinks.
You may not systematically extract/ or re-utilize parts of the contents of KheloMore without the Company's and / or its affiliate's (as may be applicable) express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of KheloMore.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, download, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from KheloMore or thirty party owner of such Content.
The User undertakes that any and all content submitted and/or posted by the User, shall be the User's original work and/or the Users shall ensure that they have the legal right to use such work and have the requisite approvals for using and/or permit the uploading such works by us and any such content posted and/or submitted by the to KheloMore, shall be the property of KheloMore and any IPR authorship rights and all other rights of whatsoever nature, in such content, in whatever form or medium, shall vest and remain vested in perpetuity and worldwide with KheloMore and that the User grants KheloMore all existing and future IPR including all copyrights, moral rights, language rights, and any other intellectual rights, of whatsoever nature, in the User Content, worldwide, in perpetuity, without limitation exclusive, royalty-free, transferable without any material, financial or territorial limitation and without any payment and/or consideration due from KheloMore, the right to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the content in connection with KheloMore's services and KheloMore's business, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels, commercially or otherwise. The Users hereby understand that KheloMore does not guarantee any confidentiality with respect to any content that the Users may post or submit for uploading to KheloMore.
THIRD PARTY CONTENT
The Website and/or App may contain links to other Website and/or App (Linked Sites). The Linked Sites are not under the control of KheloMore or the Website and/or App and KheloMore is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KheloMore is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. KheloMore is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by KheloMore or the Website and/or App of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
WARRANTIES AND LIMITATION OF LIABILITY
You remain solely responsible for the content of the materials You post on KheloMore and in Your private messages. Please be advised that such content posted does not reflect our views nor do we endorse any such content. In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on KheloMore.
KheloMore (including its agents, affiliates and employees) makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and/or App or that the operation of the Website and/or App will be error free and/or uninterrupted. Consequently, KheloMore assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or App; and/or any interruption or errors in the operation of the Website and/or App.
You shall accept sole responsibility for, and KheloMore shall not be liable for, any use of the Services by You or any other third party and the User shall hold KheloMore harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use.
KheloMore therefore, provides no warranties, whatsoever, so as to the material of the content or the User's right to post or upload and/or submit to us for uploading the content or the authenticity of the content or any opinion, recommendation, or advice expressed in such content submitted to be uploaded by the User.
The Services provided by KheloMore on an "as is" and "as available" basis. Use of the service and is at Your own risk. The Service is provided without warranties of any kind, whether express or implied or statutory or otherwise including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, KheloMoreand/or Khelomore Sports Private Limited, its subsidiaries, affiliates, and its licensors do not warrant that KheloMore content is accurate, reliable or correct; that the Service will meet Your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected. KheloMore is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other User content stored on our equipment, transmitted over networks accessed by or through KheloMore, or otherwise connected with Your use of the Service.
KheloMore does not and cannot verify that the Services rendered by the Service Providers associated with us and shall be error free and/or such Services will be to Your satisfaction and/or shall guarantee a desired result. KheloMore shall not be responsible for any execution and/or performance and/or non-performance of services by any Service Providers associated herewith.Our Services may be used to help obtain or offer Services provided by Service Providers affiliated to us and to facilitate payment for such Services. However, the services are rendered to the Users directly by such Service Providers. Post Final Confirmation, the User shall transact directly with such Service Providers and KheloMore shall not be a party to any such transactions.KheloMore hereby expressly disclaims, and You hereby expressly release KheloMore from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between You and any other users or third parties and any and all disputes concerning the service provider shall be dealt with the service provider alone and KheloMore shall in no way be constituted as a party to such dispute.
KheloMore shall not be responsible for any physical injury or loss of life or for any accident that may occur to the User or to any other person while playing or availing services reserved through KheloMore. We will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Services, including payment for Services provided by a third party even if such Services are the result of the User and the third-party meeting through KheloMore. By using this Website and/or App and/or our Services, Users represent, understand, and expressly agree to hold us harmless for any claim, controversy or damages that may arise from any dispute between You and any other User(s) of the Website and/or App including with any other User, Service Provider or any third party.
We make no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service and are not liable for any losses/damages that may arise due to the use of such Services by You. We are not responsible for any damages, injury or economic loss arising from the use of Services provided by us.
KheloMore will not be liable to You under any theory of liabilityÑwhether based in contract, tort, negligence, strict liability, warranty, or otherwiseÑfor any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, to the fullest extent permitted by the applicable law, even if KheloMore has been advised of the possibility of such damages. The limitations of liability set for in this section will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose. The total liability of KheloMore, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount received from You. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of KheloMore.
This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, whether in tort or contract or under any applicable law and shall apply to the maximum extent permitted by applicable law.
COMPLIANCE WITH LAWS
You shall be solely responsible for compliance of all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority, statutory authority, tribunal, board or court in India or outside India (Applicable Laws) for:
a) Use of the Website and/or App;
b) Use of Services available on the Website and/or App;
c) Posting and/or uploading any content on the Website and/or App.
EMAILS, NEWSLETTERS AND NOTIFICATIONS
By registering with us, You are agreeing to subscribe to Our newsletter(s) or receive notifications or e-mails from us. We will use Your name and e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as mentioned in our e-mails addressed to You or You can contact us firstname.lastname@example.org.
KheloMore makes all endeavors to ensure that all the information on the Website and/or App is correct, but KheloMore neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Service or any content available on the Website and/or App. The material on KheloMore is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Your own risk. In no event shall KheloMore be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website and/or App or Service. Neither shall KheloMore be responsible for the delay or inability to use the Website and/or App or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website and/or App, or otherwise arising out of the use of the Website and/or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, KheloMore shall not be held responsible for non-availability of the Website and/or App during periodic maintenance operations or any unplanned suspension of access to the Website and/or App that may occur due to technical reasons or for any reason beyond KheloMore's control. The internet is not a secure environment and we cannot guarantee that the Website and/or App and its servers are free of viruses or other harmful applications. Moreover, the Website and/or App may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Website and/or App at any time, but we have no obligation to update any information on our Website and/or App. You agree that it is Your responsibility to monitor changes to our Website and/or App.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website and/or App. We provide telephonic and email support as a part of our customer support during all working days i.e. from Monday to Saturday, at any time during 8.30 a.m. to 7.30 p.m.
In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer at email@example.com
DISPUTES AND GOVERNING LAW
No waiver by us of any breach of these terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of Your obligations.
The rights and remedies of is under these terms are independent, cumulative and without prejudice to our rights under the law.
These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.