+91 90995 44819
Contact@kalalunsons.com
These Terms of Use constitute a legally binding
agreement made between you, whether personally or on
behalf of an entity (“you”) and
Kalalu & Sons kalalunsons.com
website as well as any other media form, media
channel, mobile website or mobile application
related, linked, or otherwise connected thereto
(collectively, the “Site”).India 205 Somnath Complex Opposite Hotel
Samrat International, Behind Bus
Station, Kanak Rd, Karanpara Rajkot Gujarat 360001 .
Supplemental terms and conditions or documents that
may be posted on the Site from time to time are
hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to
make changes or modifications to these Terms of Use
The information provided on the Site is not
intended for distribution to or use by any person or
entity in any jurisdiction or country where such
distribution or use would be contrary to law or
regulation or which would subject us to any
registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to
access the Site from other locations do so on their
own initiative and are solely responsible for
compliance with local laws, if and to the extent
local laws are applicable.
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases,
functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks,
service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed
to us, and are protected by copyright and trademark
laws and various other intellectual property rights
and unfair competition laws of the United States,
international copyright laws, and international
conventions. The Content and the Marks are provided
on the Site “AS IS” for your information and
personal use only. Except as expressly provided in
these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you
are granted a limited license to access and use the
Site and to download or print a copy of any portion
of the Content to which you have properly gained
access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant
that: (1) all registration information you
submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of
such information and promptly update
such registration information as
necessary;
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account
and refuse any and all current or future use of
the Site (or any portion thereof).
You may be required to register with
the Site. You agree to keep your
password confidential and will be
responsible for all use of your account
and password. We reserve the right to
remove, reclaim, or change a username
you select if we determine, in our sole
discretion, that such username is
inappropriate, obscene, or otherwise
objectionable.
You may not access or use the Site for any
purpose other than that for which we make the
Site available. The Site may not be used in
connection with any commercial endeavors except
those that are specifically endorsed or approved
by us.
As a user of the Site, you agree not
to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
-
Use the Site as part of
any effort to compete
with us or otherwise use
the Site and/or the
Content for any
revenue-generating
endeavor or commercial
enterprise.
-
Use the Site to
advertise or offer to
sell goods and
services.
6. USER GENERATED
CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of
the foregoing violates these Terms
of Use and may result in, among
other things, termination or
suspension of your rights to use the
Site.
7. CONTRIBUTION LICENSE
You and the Site agree that we may access,
store, process, and use any information and
personal data that you provide following the
terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback
regarding the Site, you agree that we can use
and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all
of your Contributions and any intellectual
property rights or other proprietary rights
associated with your Contributions. We are not
liable for any statements or representations in
your Contributions provided by you in any area
on the Site. You are solely responsible for your
Contributions to the Site and you expressly
agree to exonerate us from any and all
responsibility and to refrain from any legal
action against us regarding your
Contributions.
8. SOCIAL MEDIA
As part of the functionality of the Site, you may link
your account with online accounts you have with
third-party service providers (each such account, a
“Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the Site;
or (2) allowing us to access your Third-Party Account,
as is permitted under the applicable terms and
conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled
to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay
any fees or making us subject to any usage limitations
imposed by the third-party service provider of the
Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any
content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so
that it is available on and through the Site via your
account, including without limitation any friend lists
and (2) we may submit to and receive from your
Third-Party Account additional information to the extent
you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings
that you have set in such Third-Party Accounts,
personally identifiable information that you post to
your Third-Party Accounts may be available on and
through your account on the Site. Please note that if a
Third-Party Account or associated service becomes
unavailable or our access to such Third Party Account is
terminated by the third-party service provider, then
Social Network Content may no longer be available on and
through the Site. You will have the ability to disable
the connection between your account on the Site and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but
not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that
we may access your email address book associated with a
Third-Party Account and your contacts list stored on
your mobile device or tablet computer solely for
purposes of identifying and informing you of those
contacts who have also registered to use the Site. You
can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact
information below or through your account settings (if
applicable). We will attempt to delete any information
stored on our servers that was obtained through such
Third-Party Account, except the username and profile
picture that become associated with your account.
9. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive
rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and
you hereby warrant that any such Submissions are
original with you or that you have the right to
submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual
infringement or misappropriation of any proprietary
right in your Submissions.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law
or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability
of, or disable (to the extent technologically
feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Site in
a manner designed to protect our rights and property
and to facilitate the proper functioning of the
Site.
11. PRIVACY POLICY
We care about data privacy and
security. By using the Site, you
agree to be bound by our
Privacy Policy posted on the
Site, which is incorporated
into these Terms of Use.
Please be advised the Site
is hosted in
India India India India
These Terms of Use shall remain in full force
and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED
IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND
If we terminate or suspend your account for any
reason, you are prohibited from registering and
creating a new account under your name, a fake
or borrowed name, or the name of any third
party, even if you may be acting on behalf of
the third party. In addition to terminating or
suspending your account, we reserve the right to
take appropriate legal action, including without
limitation pursuing civil, criminal, and
injunctive redress.
We reserve the right to change, modify, or
remove the contents of the Site at any time or
for any reason at our sole discretion without
notice. However, we have no obligation to update
any information on our Site. We also reserve the
right to modify or discontinue all or part of
the Site without notice at any time. We will not
be liable to you or any third party for any
modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available
at all times. We may experience hardware,
software, or other problems or need to perform
maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any
time or for any reason without notice to you.
You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by
your inability to access or use the Site during
any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site
or to supply any corrections, updates, or
releases in connection therewith.
These Terms shall be governed by and
defined following the laws of
India Kalalu & Sons and
yourself irrevocably consent that the courts of
India
Binding Arbitration
Any dispute
arising out of or in
connection with this
contract, including any
question regarding its
existence, validity or
termination, shall be
referred to and finally
resolved by the
International Commercial
Arbitration Court under the
European Arbitration Chamber
(Belgium, Brussels, Avenue
Louise, 146) according to
the Rules of this ICAC,
which, as a result of
referring to it, is
considered as the part of
this clause. The number of
arbitrators shall be
__________ .
The seat, or legal
place, of arbitration
shall be
__________ __________ .
The governing law of the contract
shall be the substantive law of
__________
The Parties agree that any
arbitration shall be limited to the
Dispute between the Parties
individually. To the full extent
permitted by law, (a) no arbitration
shall be joined with any other
proceeding; (b) there is no right or
authority for any Dispute to be
arbitrated on a class-action basis
or to utilize class action
procedures; and (c) there is no
right or authority for any Dispute
to be brought in a purported
representative capacity on behalf of
the general public or any other
persons.
The Parties agree that the
following Disputes are not subject
to the above provisions concerning
binding arbitration: (a) any
Disputes seeking to enforce or
protect, or concerning the validity
of, any of the intellectual property
rights of a Party; (b) any Dispute
related to, or arising from,
allegations of theft, piracy,
invasion of privacy, or unauthorized
use; and (c) any claim for
injunctive relief. If this provision
is found to be illegal or
unenforceable, then neither Party
will elect to arbitrate any Dispute
falling within that portion of this
provision found to be illegal or
unenforceable and such Dispute shall
be decided by a court of competent
jurisdiction within the courts
listed for jurisdiction above, and
the Parties agree to submit to the
personal jurisdiction of that
court.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and
various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at
any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU TO
US__________
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents,
partners, and employees, from and against any loss,
damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of:
We will maintain certain data that you transmit to
the Site for the purpose of managing the performance
of the Site, as well as data relating to your use of
the Site. Although we perform regular routine
backups of data, you are solely responsible for all
data that you transmit or that relates to any
activity you have undertaken using the Site. You
agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby
waive any right of action against us arising from
any such loss or corruption of such data.
Visiting the Site, sending us emails, and
completing online forms constitute electronic
communications. You consent to receive electronic
communications, and you agree that all agreements,
notices, disclosures, and other communications we
provide to you electronically, via email and on the
Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic
records, or to payments or the granting of credits
by any means other than electronic means.
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
These Terms of Use and any policies or operating
rules posted by us on the Site or in respect to the
Site constitute the entire agreement and
understanding between you and us. Our failure to
exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such
right or provision. These Terms of Use operate to
the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others
at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control.
If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the
provision is deemed severable from these Terms of
Use and does not affect the validity and
enforceability of any remaining provisions. There is
no joint venture, partnership, employment or agency
relationship created between you and us as a result
of these Terms of Use or use of the Site. You agree
that these Terms of Use will not be construed
against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a complaint regarding the
Site or to receive further information regarding
use of the Site, please contact us at:
Phone: +91 99987 78903