Terms of Service
Kripa Drishti Webinar
Web Site Terms and Conditions of Use
Version 1
Effective as of 1st Jun, 2021
TERMS AND CONDITIONS
1. Terms
This End User Agreement (Agreement) is hereby made by and between you (Visitor) and Kripa Drishti Publications (also referred to here with the website name KDWebinar.in or KDWebinar). (KDWebinar), and contains the terms and conditions that apply to Visitor’s use of the Website (as defined below) offered by KDWebinar at https://www.kdwebinar.in (Website, together with the site, services, etc.).
BY CLICKING ON THE “ACCEPT” BUTTON OR ACCESSING OR OTHERWISE USING THE SERVICES, VISITOR
HEREBY REPRESENTS AND WARRANTS THAT IT IS DULY AUTHORIZED TO ENTER INTO AND BIND VISITOR OR
THE ENTITY VISITOR REPRESENTS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGES
AND AGREES THAT ALL SUCH USE BY VISITOR IS SUBJECT TO SUCH TERMS AND CONDITIONS. IF VISITOR
DOES NOT AGREE TO THESE TERMS OR IS NOT AUTHORIZED TO BIND THE ENTITY WRITER REPRESENTS, DO
NOT CLICK THE “ACCEPT” BUTTON OR CLOSE THE BROWSER OR NAVIGATE TO SOME OTHER WEBSITE.
If you do not agree with any of these terms, you are prohibited from using or accessing this
site. KDWebinar reserves the right to terminate the account of any user at any time.
2. Website License
License.
Subject to Visitor’s full compliance with the terms and conditions of this Agreement,
KDWebinar hereby grants Visitor a non-exclusive, non-transferable, non-sublicensable license
to use KDWebinar’s online website whereby Visitor can browse available webinars, register
for a webinar, browse past webinars, etc. Except for the limited rights and licenses
expressly granted to Visitor herein, no other license is granted, no other use is permitted
and KDWebinar (and its licensors) shall retain all rights, and interests (including all
intellectual property and proprietary rights) in and to the Website and the Services.
Restrictions.
Except as expressly permitted in this Agreement, Visitor shall not directly or indirectly
(i) use any of KDWebinar’s Confidential Information (as defined below) to create any
service, software, documentation or data that is similar to any aspect of the Services, (ii)
disassemble, decompile, reverse engineer or use any other means to attempt to discover any
source code of the Website, or the underlying ideas, algorithms or trade secrets therein,
(iii) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any
service bureau arrangement or otherwise for the benefit of any third party, (iv) copy,
distribute, manufacture, adapt, create derivative works of, translate, localize, port or
otherwise modify any aspect of the Services, (v) use or allow the transmission, transfer,
export, re-export or other transfer of any product, technology or information it obtains or
learns pursuant to this Agreement (or any direct product thereof) in violation of any export
control or other laws and regulations of the United States or any other relevant
jurisdiction or (vi) permit any third party to engage in any of the foregoing proscribed
acts.
Project Requests and Submissions.
3. Representations and Warranties..
Warranty Disclaimer.
THE SERVICES ARE PROVIDED BY KDWEBINAR “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED BY KDWEBINAR. KDWEBINAR, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND
PARTNERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR
SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET VISITOR’S REQUIREMENTS.
Indemnification.
Visitor shall defend, indemnify, and hold harmless KDWebinar and its associates and their
respective affiliates and each of their respective employees, contractors, directors,
suppliers and representatives from all liabilities, claims, and expenses, including
reasonable attorneys’ fees, that arise from or relate to (i) Visitor’s use or misuse of, or
access to, the Services, (ii) Visitor’s violation of this Agreement. KDWebinar and its
associates, as the case may be, reserve the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by Visitor, in which event
Visitor will assist and cooperate with KDWebinar and such associate in asserting any
available defenses.
Limitation of Liability.
IN NO EVENT SHALL KDWEBINAR, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS,
BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER
ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE
OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE
AMOUNTS PAID HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
Jurisdiction.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws set forth by Indian government, including its conflicts of law
rules. Visitor agrees that any dispute arising from or relating to the subject matter of
this Agreement shall be governed by the exclusive jurisdiction and venue of the Indian Legal
Laws.
Modifications.
KDWebinar reserves the right, in its sole discretion, to modify this Agreement, or change,
suspend, or discontinue the Services (including without limitation, the availability of any
feature, database, or content) at any time without notice to the Visitor. KDWebinar may also
impose limits on certain features and services or restrict Visitor’s access to parts or all
of the Services without notice or liability. Visitor’s continued use of the Services
constitutes acceptance of those changes.
Entire Agreement.
This Agreement is the entire agreement between Visitor and KDWebinar with respect to the
Services, including use of the Website, and supersedes all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between Visitor and
KDWebinar with respect to the Services.
Severability.
If any provision of this Agreement is found to be unenforceable or invalid, that provision
will be limited or eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. The failure of either party to
exercise in any respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder.
Force Majeure.
KDWebinar shall not be liable for any failure to perform its obligations hereunder where
such failure results from any cause beyond its reasonable control, including, without
limitation, mechanical, electronic or communications failure or degradation.
Story.
This Agreement is personal to Visitor, and is not assignable, transferable or sublicensable
except with KDWebinar’s prior written consent. KDWebinar may assign, transfer or delegate
any of KDWebinar’s rights and obligations hereunder without consent.
Publicity.
KDWebinar shall retain the right to use, publish and otherwise disseminate Visitor’s name,
byline, logo, and likeness in KDWebinar’s marketing material and on the Website, for
promotional purposes and for any other lawful purpose. Visitor hereby expressly acknowledges
and agrees that KDWebinar shall have no obligation to use, publish or otherwise disseminate
Visitor’s name, byline, logo, or likeness, by any means and for any purpose whatsoever.
No Waiver.
KDWebinar’s failure to enforce any part of this Agreement shall not constitute a waiver of
KDWebinar’s right to later enforce that or any other part of this Agreement.
Third Party Beneficiaries.
The parties acknowledge that the covenants set forth in this Agreement are intended solely
for the benefit of the parties hereto and their successors and permitted assigns. Nothing
herein, whether express or implied, shall confer upon any person or entity, other than the
parties hereto, their successors and permitted assigns, any legal or equitable right
whatsoever to enforce any provision of this Agreement. Notwithstanding the foregoing, all of
KDWebinar and its associates are intended to be third party beneficiaries of this Agreement
and to have the right to enforce such rights directly against Visitor.