1.3 The Website and Services are directed to and intended for the sole use, personal and non-commercial, of users from India. We are not responsible for any adverse consequences arising from the use of the Website or its Services from any foreign locations.
2.1 Website includes any internal page of the Website www.klypy.com/in/;
2.2 User refers to anyone who views or uses the Website and subscribes to any of the Services;
2.3 Merchant refers to a third party provider of goods of services for which we provide a discount voucher or coupon;
2.4 Services refer to any of the services offered by Klypy India through the Website or any other form of electronic communication, including any applications provided by Klypy India that can be downloaded from third party application stores. Our Services enable users to avail of discounts and voucher codes that can be redeemed on the Merchant websites.
3. Legal and Binding Agreement
3.2 We reserve the right not to accept a User from registering on the Website without assigning any reason thereto. We also reserve the right to terminate this agreement with any existing User without assigning any reason thereto.
3.3 You have the right to terminate this agreement, which is possible by sending an email to us at [email protected]
3.4 Any usage of the Website and/or Services by you post termination shall be deemed unauthorized and in violation of the provisions hereunder.
3.6 Nothing in this Agreement can be used to construe a partnership, agency relation or a joint venture between the user and Klypy India.
4. Registration and maintaining accounts:
4.1 You will have to register with us, by creating an account on the Website, in order to:
1) get added to our mailing list; and
2) contribute data or material on the Website.
4.2 You represent and warrant that while creating your account with the Website, all information provided by you is current, accurate and complete, and that you will maintain the accuracy and completeness of such information on a prompt, timely basis.
4.3 As a registered user of the Website, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality of your passwords and accounts. You understand and agree that you are individually responsible for all actions done and postings made from your accounts.
4.4 No accounts you create are transferable.
4.5 By providing us with your email id in the signup box, you accept to receive our newsletters and promotional literature through email. You can unsubscribe to our Newsletters by sending an email to [email protected]
5. Website’s information:
5.1 At no point does Klypy India guarantee that the Website or Services will be free from errors, omissions and faults though we will ensure reasonable measures to maintain accuracy of all data presented to you.
5.2 We also do no guarantee uninterrupted use of the Website or Services and access to the same may be suspended, restricted or terminated at any point in time.
5.3 We reserve the right to change or delete any information or any discount/ voucher code at any time without giving any prior notice.
6. User Obligations:
6.1 As a user of the Website, you undertake NOT to:
1) copy the Website’s contents for publishing it on any other online platform in any manner whatsoever;
2) upload or publish data or material that is copyrighted by a third party and over which you do not have a right to;
3) upload or publish inappropriate, indecent, disturbing or scandalous data or material;
4) upload or publish any data or materials including but not restricted to corrupted files, software, virus or malware that may threaten or hamper the functioning of the Website; and
5) download or distribute files or data posted by other users that cannot be legally distributed;
6.3 We reserve the rights to terminate your use of the Website and Services, in whole or part, or the use of the Website or Service by anyone other than you, using the Website or Service with your permission in violation of this agreement if we believe that;
1) You have committed any breach of this Agreement; or
7. Limitation of Liability:
7.1 You understand and agree that any data or material downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk. You accept that you will be solely responsible for any damage to your computers and/ or loss of data resulting from downloading such materials.
7.2 We will in no way be liable for any kind of damage resulting from:
1) The use or inability to use the Website or Services;
2) The matter relating to the Services, including, but not limited to damages from loss of use, damage to data or damage to profits connected with the use of the Website or Services; and
3) The use of the user-generated content on the Website.
7.3 We do not guarantee that the voucher codes or discount deals presented on the Website will be completely correct. You are advised to check these before doing any transaction through the Merchant websites.
7.4 We are not liable for breach of any of our obligations under this Agreement wherein we are prevented from carrying out our obligations by any cause that is beyond our reasonable control, including but not limited to, lightening, fire, flood, severe weather, strike, lockout, labor dispute, act of God, war, riots, civil commotion, malicious damage, failure of telecommunications or computer systems, compliance with law, accidents etc.
8. Intellectual Properties:
8.1 We own the Intellectual Property Rights over the content on the Website and Services, including, without limitation, any and all rights, titles and interests in and to copyright and related rights, domain name rights, trademarks, trade names, service marks, goodwill, designs, know-how, and the like, over database, text, content, graphics, icons and hyperlinks, unless any of the rights are explicitly mentioned to be owned by a third party.
8.2 You understand and acknowledge our Intellectual Property Rights over the content on the Website and Services and agree to not use, reproduce or distribute any content from the Website and Services without obtaining proper consent and necessary approval, as is required, from us.
8.3 You agree to not use, in any manner whatsoever, the content provided on the Website and Services, for commercial purposes without obtaining licenses from us, except such content and data is created and uploaded by you.
8.4 You represent your ownership and copyrights over the content and data provided and uploaded by you on the Website, and take the whole sole responsibility for any such content or data.
8.5 By providing, uploading and contributing content to the Website, you are granting Klypy India a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Website and Services, including, without limitation, the rights to copy, distribute, transmit, publicly display, edit, translate and reformat your content, and / or to incorporate it into a collective work, as well as the right to sublicense any or all of Klypy India’s rights to others.
8.6 The intellectual property rights pertaining to the content accessed on the Merchant websites while using the Website and / or Services may be owned and protected by the Merchants. We are not accountable for any of the liability that may arise over you for your unauthorized / unlawful use of such content.
8.7 The Website and/or Services may display trademarks, logos, representations of the Merchants and third parties merely to highlight the offers / discounts / voucher code of such Merchants and third parties. The User shall not download, copy, use or deal with such trademarks, logos and representations in any manner whatsoever without the prior written consent of the respective Merchants and/or third parties.
8.8 In the best knowledge and belief of Klypy India, the Website or the Services does not in any way support, make way for or facilitate infringement of third party intellectual property. All users of any part of the Website are to comply with applicable copyright and other intellectual property laws.
8.9 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Klypy India with a detailed note about the infringing activity, including particulars of the work claimed to be infringed and the infringing data or material, at [email protected]
8.10 Upon receipt of such a note regarding alleged claim of infringement, we will diligently and seriously consider the issues at hand. Our response to these notices may include:
1) removing or disabling access to material claimed to be infringing copyright or any other intellectual property right, and / or
2) terminating user accounts.
9.1 You undertake to indemnify and hold Klypy India harmless against any and all actions brought by third parties on the basis of contents uploaded by you.
9.2 You agree to indemnify, defend and hold Klypy India and its Affiliates (including all officers, directors, employees, contractors and agents of the foregoing) harmless from and against any and all damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses arising out of, incident to, or resulting directly or indirectly from:
1) a breach by you of your warranties, representations, covenants, agreements and obligations under the agreement; or
2) your negligence or willful misconduct, except to the extent that such losses were caused by the negligence of the other Party; or
10. Entire Agreement
11. Governing Law and Arbitration
11.3 The arbitration shall be held in Bangalore, India.