This web site, www.onkiraya.com, (hereinafter referred to as "On Kiraya") is owned and operated by Ambarsen Ventures Pvt. Ltd. (hereinafter referred to as AVPL), a company incorporated in India under the Companies Act, 1956 and having its registered office at City Centre, First Floor, Line Tank Road, Ranchi - 834 001, Jharkhand, India. These terms and conditions regulating use of the services of the web site constitute a legally binding agreement (the “Agreement”) between “On Kiraya” and the User.
“On Kiraya” is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below-
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING "On Kiraya", YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE "On Kiraya". IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (email@example.com).
AVPL may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on “On Kiraya”. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of “On Kiraya” shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. AVPL may also suspend the operation of “On Kiraya” for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you use “On Kiraya” in a manner inconsistent with these terms and conditions, AVPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
The term 'Subscriber' would include any person, whether an individual or a legal entity who has subscribed to the services of “On Kiraya” (whether on a paid or free basis), and to whom the access to “On Kiraya” is allowed through a signing in process using his user name and password. The user name and password are either allotted by “On Kiraya”. It is made abundantly clear that only the authorized User has the right to access the Services so offered by “On Kiraya”.
The term 'Browser'/'Visitor' will mean and include a person who utilizes any of the services offered by “On Kiraya”, without the need or a requirement to create an account i.e. on visits to non-restricted portions of “On Kiraya”.
The use and access to “On Kiraya” shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the terms and conditions regulating the usage of “On Kiraya”, and expressly so with respect to respecting the intellectual property rights of the AVPL and abiding by terms and conditions below mentioned.
The terms 'User' and 'Customer' would include all, the Subscriber(s)/the Advertiser(s) and Browser(s)/Visitor(s).
The terms 'Service' or 'Services' would mean to include the interactive online information service offered by “On Kiraya” on the internet through which the user may access information from the database maintained by “On Kiraya”. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to “On Kiraya” acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to “On Kiraya” unless the User submitting such a Listing/Advertisement has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's web site or on “On Kiraya”. Similarly, “On Kiraya” doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its web site by its customers, which are strictly in the nature of sale of space by “On Kiraya” & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, AVPL may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. AVPL will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's web site or the “On Kiraya” web site. AVPL shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on “On Kiraya” and AVPL shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees:
(a) to represent and warrant that all Properties and associated information provided by the User will be accurate;
(b) that the User will not permit the posting of a property on “On Kiraya” under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
AVPL shall place the information relating to properties at defined sections of “On Kiraya”. AVPL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User's web site or on “On Kiraya” without notice. AVPL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While AVPL shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to “AVPL”.
Users, who are renting property/properties through “On Kiraya”, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Payments for the Services offered by “On Kiraya” shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of AVPL. AVPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that AVPL/onkiraya.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to AVPL under any other agreement or commercial relationship towards other products/services. AVPL gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. AVPL undertakes no liability for free Services. AVPL reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
AVPL uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, AVPL does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by AVPL, once a credit card transaction has been completed, the payment information is not accessible to anyone at AVPL after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
AVPL shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Refund in failed transactions
Though AVPL payment reconciliation team works on a 24 x 7 basis, AVPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of “On Kiraya”.
If you utilize “On Kiraya” in a manner inconsistent with these terms and conditions, AVPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
USE OF INFORMATION
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to “On Kiraya”. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of “On Kiraya”. “On Kiraya” does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and Service marks ("Marks") appearing in “On Kiraya” are the properties either owned or used under license by AVPL and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with AVPL / its associates. The access to “On Kiraya” does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
AVPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. AVPL shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using “On Kiraya” as a platform to infringe the Intellectual Property Rights of others, AVPL will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access “On Kiraya”, AVPL grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.
You hereby expressly agree not to:
(a) Utilise the Services offered by “On Kiraya” in any manner so as to impair the interests and functioning of AVPL / “On Kiraya” and which is non-compliant with laws and regulations,
(b) Access data not intended for you or log into server or account that you are not authorized to access,
(c) Attempt to probe, scan or test the vulnerability of a system or network,
(d) Attempt or breach security or authentication measures without proper authorization,
(e) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to “On Kiraya”, overloading, Flooding, mail bombing or crashing,
(f) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in “On Kiraya” except as permitted,
(g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on “On Kiraya” to any other system. No reproduction of any part of “On Kiraya” may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or “On Kiraya”, whether in hard copy or electronic format, including postings to any other “On Kiraya”,
(h) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from “On Kiraya” or link to “On Kiraya”, without our express written consent,
(i) The user shall not utilise the Services offered by “On Kiraya” in any manner so as to impair the interests and functioning of AVPL / “On Kiraya”. The user undertakes not to duplicate, download publish, modify and distribute material on onkiraya.com unless specifically authorised by AVPL in this regard. The user undertakes not to establish any deep link or other connection to any specific page of “On Kiraya” other than the Home Page without obtaining prior consent of AVPL. AVPL strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing,
(j) Users undertake that the Services offered by “On Kiraya” shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. AVPL is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by AVPL to relay emails. All attempts shall be made by AVPL and the user to abide by International Best Practices in containing and eliminating Spam.
The User / subscriber / visitor to “On Kiraya” is prohibited from uploading, posting, transmitting, updating or sharing any information that:
1) belongs to another person and to which the user does not have any right to,
2) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever,
3) harm minors in any way,
4) infringes any patent, trademark, copyright or other proprietary rights,
5) violates any law for the time being in force,
6) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature,
7) impersonate another person,
8) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource,
9) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
“On Kiraya” may provide links to other third-party World Wide Web sites or resources. AVPL makes no representations whatsoever about any other Web site you may access through “On Kiraya”.
LIMITATION OF LIABILITY
AVPL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use “On Kiraya”, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
AVPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of User's data/information. AVPL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the web site.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of AVPL (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon AVPL.
AVPL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to “On Kiraya” (or any part thereof) for any reason, including, without limitation, that AVPL based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.
Submissions and unauthorized use of any information(s)/materials contained on “On Kiraya” may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, AVPL and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of “On Kiraya” material or your breach of these terms and conditions or any applicable law.
AVPL will not be party to any legal proceedings between parties contracted through these Services. In case AVPL is sought to implicated in any legal proceedings, costs will be recovered from the party that names AVPL as a party to such proceedings. AVPL shall abide with any court order served on it through due process.
If any dispute arises between a user/users and AVPL arising out of use of the web site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by AVPL. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Ranchi, Jharkhand, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and AVPL governs your use of “On Kiraya”. If any provision of these “On Kiraya” terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
The failure of AVPL to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
By accessing “On Kiraya” you agree that the laws prevailing in India shall be the governing laws in all matters relating to “On Kiraya” as well as these terms and conditions.
Courts at Ranchi, Jharkhand, India alone shall have the exclusive jurisdiction in all matters relating to “On Kiraya” and these terms and conditions, irrespective of the territory and jurisdiction of your access to “On Kiraya”.
AVPL does not routinely monitor your postings to the web site but reserves the right to do so. However, if AVPL becomes aware of an inappropriate use of “On Kiraya” or any of its Services, AVPL will respond in any way that, in its sole discretion, AVPL deems appropriate. You acknowledge that AVPL will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, AVPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
AVPL reserves all other rights.
Please report any violations of these terms and conditions to AVPL at firstname.lastname@example.org