Terms & Conditions

Welcome to the Website, i.e. www.kapso.in, an online service portal which is incorporated under the laws of India, owned and controlled by the Company, i.e. Kapso Business Services Pvt. Ltd.

These Terms & Conditions is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms & Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.

We reserve the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to consult periodically this portion of Website so as to check for any changes. We also reserve the right not to accept a user from registering on this Website without assigning any reasons thereof.

By using any of our services or by subscribing to this Website, you are deemed to have accepted all the Terms & Conditions of the agreement listed below or as may be revised and posted on the Website. If you have any reservation and you do not want to bind yourself with the terms and conditions, it is better not to use our services and avoid subscribing to this Website.

Please note that your use of services offered is subject to your acceptance and compliance with these terms and conditions and hence you must read them very carefully. By subscribing to or using any of our services, it is assumed that you agree that you have read, understood and are bound by the terms and conditions regardless of how you subscribe to or use the services.

REGISTRATION AND ACCOUNT COMPLIANCE

If you use the Website, you may receive a password and account designation upon completing the Website’s registration process. Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify KAPSO.in of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the email provided in this agreement. If KAPSO.in has the reason to believe that there is likely to be a breach of security or misuse of KAPSO.in Website, we may require you to change your password or we may suspend your account without any liability to the Company.

The Company does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any packages you purchase). Please note that any information, materials, suggestions, ideas or comments sent through the Website will be deemed non-confidential. By submitting any such information, you are granting the Company, an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever.

MEMBERSHIP AND ELIGIBILITY TO USE

Use of the Website is available only to people who can form legally binding contracts under applicable law. People who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this Website are directed solely at those who access this web from India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable

FEES AND SERVICES

Normal listing on the Website is free. The Company does not charge any fee for browsing or replying. We reserve the right to change our fee policy from time to time. We may introduce new services and modify some or all of the existing services offered on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and you shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company and through the Website, if any.

INTERACTIONS

When you use the Website, or send emails or other data, information or interaction with the Website and/or the Company, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

PRIVACY POLICY

We do not send your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy at _______[LINK]___________. We view protection of your privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in India and abroad that are protected by physical as well as technological security devices.

LICENSE FOR LIMITED USAGE

Subject to these terms of Service Agreement, we grant you a personal, non-transferable and non-exclusive, revocable, limited right and license to access and use the contents of this site and services; provided that this site and the content provided in this site, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, modified, a derivative work of the site is created, reverse engineered, reproduced, reassembled, republished, uploaded, posted, transmitted, or distributed in any way, or otherwise any attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the usage of this site and services, unless such activity is expressly permitted or required by law or has been expressly authorized in advance by us in writing except that you may download, display, and print one copy of the materials on any single computer solely for your personal use, and further provided that you keep intact all our copyright, trademark, and other proprietary notices.

USAGE RESTRICTIONS

You acknowledge that you are responsible for any content you may submit through the site, including the legality, reliability, appropriateness, originality and copyright of any such content.

You agree and undertake to use the Website and the service only to post and upload businesses and material that are proper and ethical.

You may not upload to, host, display, modify, transmit, update, share, distribute or otherwise publish through this Site any content that is:

  • A posting that, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force in any way.
  • Uploading viruses or bugs onto the server or any other activity that may cause the Website and/or the Company to lose control over its ISP's or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Contact anyone who has asked not to be contacted.
  • Collect data on the Website about other users for commercial or unlawful usage.
  • The use of pornographic images or articles. Use abusive, sexually explicit or derogatory language.
  • Linking images, feedback or articles from another site especially if they are copyrighted or get attracted under intellectual property rights.
  • Do any activities, which shall directly or indirectly amount to hacking.
  • Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
  • You will not engage in any activity that may interfere in proper working of the any measures we use to restrict access to our Website.
  • There will be no misuse or use of content that is not yours without prior consent.
  • There will be no unauthorized access to data that is private and confidential.
  • Any religious items, including books, artefacts, etc. which is likely to affect the religious sentiments of any person.

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

You agree that the use of the Website may involuntarily expose you to content that is offensive or obscene which may have been posted or transmitted by any other user .It is also possible for others to obtain your personal information which you may have shared during your usage of the Website which could result in the use of such information by any other user/viewer to harass or injure you. The Website and the Company does not authorize or approve such unauthorized usage of your information but by using the Website, you acknowledge and agree that the Company will not be responsible for any third party’s use of any of your information which you may have publicly disclosed on the Website. We advise that you exercise caution in disclosing any information on the Website, which may become publicly available.

USER CERTIFICATION AND WARRANTY

You, as a user of content ( the content which you submit ) certify that you are authorized to use the content ,being owner or have legal authority to use the content and also guarantee and warrant that there is no infringement upon the intellectual property rights or other rights and also to the best of your knowledge, no legal proceedings (including investigation and suit ) are underway relating to any content ( trade mark, trade name and copy right etc ) used by you in connection with services rendered by the Company.

THIRD PARTY LINKS

The Website may contain links to other websites or resources that are operated by third parties and are not under our control. These links are provided for your convenience and as an additional point of access to the information contained therein. This facility of linking to other websites or resources should not be construed as endorsement of the content of linked websites or resources. Different terms and conditions and privacy policies may apply to your use of any linked websites.

INTELLECTUAL PROPERTY INFRINGEMENT

The Company respects the intellectual property rights of others and we ask our users to do the same. We, hereby, declare that you will remain the owner of any content that you provide or upload when using our services, including any text, data, information, images, photographs, music, sound, video or any other material. However, when it comes to submission or uploading of these contents with regard to product customization service,if you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at info@kapso.in.

It is emphasized that by accessing this Website by you, we do not confer and shall not be considered as conferring upon anyone any license under any of the Company’s and/or any third party’s intellectual property rights. Use of above mentioned, including copying or storing it in whole or part, is prohibited without the permission of the Company Only exception to this is, usage for personal and non-commercial use.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all Intellectual Property Rights to and into the Website including without limitation of any and all rights, title, copyright, patents, trademarks, trade names, designs, know-how, trade secrets and goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.

Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company or thirty party owners of such content.

LIMITATION OF LIABILITY:

Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. Our liability or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Website is limited to the amount of charges/fees, if any, paid by you to the Company, i.e. Kapso Business Services Private Limited, for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website or any other services of the Website arising from your use of, inability to use, or reliance upon Website. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website.

INDEMNITY

You shall indemnify the Company and (as applicable), affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, Terms and conditions and Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.

DISCLAIMERS

The Company accepts no responsibility for any loss or damage you may suffer as a result or your use of this Website unless that loss is directly occasioned as a result of some fraud on our part.

As we represent our clients for buy-sell businesses, we take proper care to ascertain the details of the business or property being advertised on this Website. But we do not and cannot accept any responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users based on any information, opinions or advice contained within this Website which are provided to us by the client.

While we try to ensure that material included on Website is correct and of high quality, it cannot accept responsibility if this is not the case.

The Company assumes no liability whatsoever for any monetary or other damage suffered by you due to any delay or failure.

PRICING

Prices described on our Website are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, businesses and Services may change at KAPSO.in’s discretion.

SEVERABILITY

If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.

TERMINATION

These Terms & Conditions is effective unless and until terminated by either you or the Company. You may terminate these Terms & Conditions at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website along with the deactivation of any user account/accounts owned by you to use the Website.

The Company may terminate these Terms & Conditions at any time and may do so immediately without notice, and accordingly deny your access to the Website. Such termination will be without any liability to the Company. Upon any termination of the Terms & Conditions by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms & Conditions or otherwise.

GOVERNING LAW AND JURISDICTION

These Terms & Conditions shall be construed in accordance with the applicable laws of India, under the jurisdiction of Mumbai High Court.

Any dispute or difference either in interpretation or otherwise, of any terms of These Terms & Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.

INTERPRETATION OF NUMBER AND GENDERS

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.

REPORT ABUSE

As per these Terms & Conditions, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@kapso.in.

GRIEVANCE OFFICER

Please contact us by email at info@kapso.in about the Terms & Conditions. If you notice any discrepancies in the information provided to us or have any grievance against us, you may contact us at kapso.in