You agree that you are of legal age to enter into binding contracts, have read, understood and are bound by the User Agreement. If you do not want to be bound by this User Agreement, you should not use this Website or conduct any sale/purchase transaction.
Kikbakis an Internet based App owned and operated by Upraising Innovations Pvt Ltd. Use of Kikbak is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Kikbak at its sole discretion and posted on the Website.
User Account, Password, and Security
The App requires you to register as a User by creating an Account in order to purchase the KIKBAK DIGITAL CARD. You will receive an One Time Password just to verify your mobile Number for safety reasons. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify KIKBAK of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KIKBAK cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree and undertake to use the App only to check the offers in our Merchant Outlets. By way of example, and not as a limitation, you agree and undertake that when using the App, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword; Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App; Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; 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 uploaded; Violate any code of conduct or other guidelines, which may be applicable for or to any particular service; Violate any applicable laws or regulations for the time being in force in or outside India; Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the App contained elsewhere herein; 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 App. Notwithstanding anything to contrary, KIKBAK's entire liability to you shall be the refund of the money charged from you for the Card, under which the unlikely liability arises. Under no circumstance shall KIKBAK be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
You shall solely be responsible for maintaining the necessary equipment and Internet connections that may be required to access, use and transact on the App. You are also under an obligation to use this App for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website. You shall use this App, and any Card purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
Intellectual Property Rights
Unless otherwise stated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, KIKBAK owns all Intellectual Property Rights of the App/ Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, Tradesecrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the App belonging to KIKBAK without obtaining authorization from Kikbak. Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
Links to Third Party Sites
KIKBAK may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kikbak, and Kikbak 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. Kikbakis not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Kikbakprovides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with Kikbakof the Linked Sites nor does it represent the advice, views, opinions or beliefs of Kikbak. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the App or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.
Disclaimer Of Warranties & Liability
KIKBAK has endeavoured to ensure that all the information on the Website is correct, but Kikbakneither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall Kikbakbe liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Kikbakbe responsible for the delay or inability to use the App or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Kikbakshall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any reason beyond Kikbak’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless KIKBAK from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Kikbakthat arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
KIKBAK may suspend or terminate your use of the App or any Service at its sole and absolute discretion. Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until Kikbakchooses to terminate them. If you or Kikbakterminates your use of the App, Kikbakmay delete any content or other materials relating to your use of the App and Kikbakwill have no liability to you or any third party for doing so.
These terms shall be governed by and constructed in accordance with the Laws of India without reference to conflict of law principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.
If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org