Introduction

Welcome to Kisani Urjaa Private Limited (“Company”, “KUPL”, “we”, “our”). These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website i.e. www.kisani.co.in (“Website”) and application i.e. “Kisani” (“App”) available at Google Play Store and Apple Application Store (the Website and App shall individually “or collectively be hereinafter referred to as “Service”) as operated by KUPL, subject to our Privacy Policy and any other Company policy/policies as amended, implemented and enacted from time to time. The Company’s privacy policy as provided hereunder (hereinafter referred to as “Privacy Policy”) also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Website and App. Further, the policy provides the guidelines on how you can reach to KUPL to ask for update on your preferences regarding the communication with you or answer any questions you may have about the Privacy Policy.  Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreement, and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service. In case you are unable to use our Service, you may let us know your concerns regarding using the same by emailing us at info@kisani.co.in, so we can try to find as solution for your concerns. These Terms apply to all visitors, users and other concerned stakeholders who wish to access or use our Service.

When you access the Platform you accept, without limitation or qualification, the Privacy Policy set forth below and any additional terms of use set forth in the Platform. We reserve the right to modify or update this Privacy Policy at any time and changes will become effective immediately upon posting. You are requested to check for updates to the Privacy Policy periodically.

KUPL and its affiliates respect your privacy. The users of the Platform (“you” or “your”) are advised to read the Privacy Policy carefully because anytime you use our Services, you consent to the practices we describe in the Privacy Policy.

Content

Our Service allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that:

  1. Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and 
  2. That the posting your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person, or entity, whatsoever. 

We reserve the right to terminate the account of anyone who is found to be infringing or impinging on any of the rights as mentioned hereinabove. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights at your own peril. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. 

However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that thus license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. The Company has the right but not the obligation to monitor and edit all Content provided by its users. In additions, Content found on or through this Service is the property of the Company and may be used without seeking your permission, whereas you may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the present Terms, Privacy Policy and any other Company policy/policies as amended, implemented and enacted from time to time. You agree not to use the Service:

 

  1. In any way that violates any applicable national or internation law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “Spam”, or any other similar solicitation. 
  4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. 
  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any lawful, illegal. fraudulent, or harmful purpose or activity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
  7. In any which way contrary to the provisions of the Information Technology Act, 2000 and its rules, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other laws, by-laws, protocols, codes, guidelines, policies, notices, directions, provisions of all constitutions, treaties, statues, laws (including the common law), codes, rules, regulations, circulars, acts, ordinances or orders or other requirements or official directive of any government authority or person acting under the authority of any government authority, judicial/quasi-judicial institution and/or of any statutory authority in India, being in force before, during or after the execution of any these Terms, Privacy Policy and any other Company policy/policies as amended, implemented and enacted from time to time (“Applicable Laws”).

 

Additionally, you agree not to:

 

  1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
  2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on the Service. 
  3. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent. 
  4. Use any device, software, or routine that interferes with the proper working of the Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. 
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. 
  7. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack 
  8. Take any action that may damage or falsify Company rating.
  9. Otherwise attempt to interfere with the proper working of the Service.

Analytics

We may use third-party service providers to monitor and analyze the use of our Service to enhance the better user experience.

No Use By Minors

The Service is intended only for access and use by individuals who have obtained the minimum age of eighteen (18) years. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have full authority, right, and capacity to enter into this Agreement and abide by all of the Terms specified herein, including the Privacy Policy. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service. Any contravention of this warranty shall qualify as a breach of these Terms and the account of such individual shall stand terminated with immediate effect, upon detection by the Company. However, in case of delay in detection of usage of the Service by any person disqualified under this clause shall not be attributable to the Company and the Company shall have no liability for any loss or adverse effect incurred on such individual.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/ or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. 

User Consent, Data Collection and Information Usage

By using our Platform, you acknowledge and agree to our practices regarding data collection and usage. We are committed to ensuring that you feel comfortable and secure while using our services and submitting your information. We encourage you to reach out with any questions or concerns related to privacy. By accessing and interacting with the Platform, you consent to the collection of certain information, both anonymous and personally identifiable, which may include data such as IP addresses, browser types, cookies, and other usage logs. We may also collect personal information you provide voluntarily, such as your name, contact details, payment information, and other relevant data, including photographs, videos, and service-related interactions.

The information we collect is used to personalize your experience on the Platform, tailor services and content to your interests, and enhance our overall offerings. This includes communication regarding updates, inquiries, and providing the services you have requested. Additionally, we use anonymous traffic information to analyse and improve the functionality and performance of the Platform, diagnose issues, and better understand how users interact with our services.

We prioritize your privacy and take careful measures to ensure that your information is only shared in limited circumstances. This includes sharing data with authorized employees to resolve issues, coordinate product/service delivery and access, enagage with third-party service providers for functions such as payment processing, technical support, and data analytics, and with business partners who may notify you about relevant products or services. In such cases, you have the option to opt out of further communications. Your data may also be disclosed if required by law or in connection with legal processes, or if necessary to prevent fraud, harm, or unlawful activities.

As a user, you have the right to update your account information and communication preferences at any time. We may send you essential service-related communications. If requested, we will remove your personal data from our active database, though it may continue to be stored in our archives for legal or record-keeping purposes. Should we plan to use your personal information for commercial purposes, we will notify you.

In certain situations, such as compliance with legal obligations or addressing fraud or safety concerns, we may use or disclose your data. This is done with the intention of protecting our users and ensuring that we adhere to applicable laws and regulations.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of KUPL and its licensors. The Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of KUPL.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@kisani.co.in with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”, you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright. 

Security Measures to Protect Information

We, along with our partners, employ commercially reasonable security measures to safeguard your information from loss, misuse, or unauthorized access. However, please note that no security system is entirely foolproof. In the event we become aware of a security breach involving your information, we will take appropriate steps to address the situation.

By accessing and using our platform, you acknowledge that you have read, understood, and agreed to the terms outlined here. You further agree that we will not be held liable for any unauthorized disclosure of your information arising from transmission errors or unauthorized actions of third parties. If you do not agree to these terms, you should discontinue your use of our platform

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by KUPL. KUPL has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/ individuals or their websites. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR  UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Use of Cookies

Certain pages on our Platform use “Cookies,” which are small files placed on your device to help identify you and enhance your experience. Cookies are used for functions such as registration and customizing your experience on future visits. Your web browser may give you the option to be notified when a cookie is being set, allowing you to accept or decline it. Please note that by declining cookies, some pages may not function properly, and certain features of the Platform may become inaccessible.

By registering with our Platform, you consent to the use of cookies as described.

Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Force Majeure

Notwithstanding anything to the contrary in this Privacy Policy or elsewhere, we shall not be liable for any loss, damage, or misuse of your information if such loss, damage, or misuse arises from a Force Majeure Event. A “Force Majeure Event” refers to circumstances beyond our reasonable control, including but not limited to acts of sabotage, fire, flood, explosion, natural disasters, civil disturbances, strikes or industrial actions, riots, insurrection, war, government actions, network failures, computer hacking, technical issues, unauthorized access to data or storage systems, security breaches, encryption failures, and any similar events beyond our control.

Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to the Agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service. 

Any dispute between you and the Company shall be attempted to be resolved amicably via mediation, failing which such dispute is to be referred to arbitration, which shall be conducted by a sole arbitrator, under the aegis of the Delhi International Arbitration Centre and in accordance with the Arbitration and Conciliation Act, 1996 and Delhi International Arbitration Centre (Arbitration Proceedings) Rules, and any other Applicable Laws, as amended from time to time. The seat and venue of such arbitration shall be Delhi, India and the courts in Delhi, India are to have jurisdiction over all matters relating to these Terms.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Amendments

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. 

Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect. 

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

Please send your feedback, comments, requests for technical support by email: info@kisani.co.in