Terms and Conditions
This site is owned and managed by Kush Infosysytem Inc / Kush Infosystems Pvt Ltd. Herein after referred to as (KIPL) The following Terms of Use may be updated from time to time without notice and customers utilising our services or visiting this site will be bound by the same . The Site, xhtmlchop.com and its parent company, kipl.com herein after collectively refereed to as KIPL), may, from time to time, offer and promote Services other than what is displayed on this site and further KIPL reserves the right to refuse to do business with any person(s) or entity without assigning any reason for the same.
Access to the Site and Services
By accessing, browsing, and using the Site and its services ("Services"), you accept, without limitation or qualification, these TERMS AND CONDITIONS. If you do not wish to be bound by these TERMS AND CONDITIONS, you should not access the Site and its Services. By using the Services or the Site, you represent and warrant that you are an adult and are competent to contract as defined under the Indian Contract act section 11 and that you agree to and to abide by all of the terms and conditions of this Agreement. The Site may, without notice to the User, add additional features or change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these TERMS AND CONDITIONS .
Privacy Policy
We respect and honour the privacy of our clients and customers and are committed to maintaining privacy .We do not store your information or sell your IP address or other information that the Site may collect for purposes of providing an estimate of Services or delivering such Services as agreed upon by KIPL and the User. The privacy policy is subject to the Indian law and KIPL may be required to share information with Indian Governmental authorities if called upon to do so for issues relating to national security or otherwise required to do so by indian law.
Copyright
You acknowledge that the Site, its Service(s), any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Site are protected by the Indian Copyright and Trademark laws. Except as expressly authorized by KIPL or any relevant third parties, or as may be posted on the Services, the User may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. The User may not store any of the Content or the Services owned by, or licensed to KIPL in any form, whether archival files, computer-readable files, or via any other medium. The User also may not "mirror" or reverse engineer any Content or the Services on any other server.
Links to Affiliate Network is subject to the discretion of management of KIPL
Some links on the_www.xhtmlchop.com Site and related websites lead to sites posted and owned by third parties. Because KIPL has no control over these sites, KIPL is not responsible for such sites' accessibility via the Internet and do not endorse products, Services, or information provided by such sites.
Offensive Conduct Policy
The use of hateful, offensive, profane, racist, sexist, vulgar or otherwise inappropriate conduct or language on the Site is not permitted and will not be tolerated. Additionally, we will not perform services for any User whose content includes, promotes or distributes material reasonably considered to be illegal as well as content which promotes terrorism, hate crimes or other objectionable material. kipl does not permit the posting or publication of material that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. KIPL reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification. KIPL reserves the right to reject, remove or otherwise exclude any such language from use on its website. Moreover, KIPL reserves the right to prevent any User who is in violation of this policy from making future postings on the Site.
Disclaimer of Warranty
THE USER AGREES THAT ACCESS TO THE SITE, AND USE OF THE SERVICES IS AT THE USER'S OWN RISK. NEITHER KIPL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES. ALL OTHER SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL KIPL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF KIPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USER'S USE OF OR INABILITY TO ACCESS THE SITE , OR TO USE ANY OTHER SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO KIPL'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES KIPL'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD ON THE PART OF KIPL".
Indemnification
The User agrees to indemnify and hold KIPL and its affiliates, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the TERMS AND CONDITIONS.
Designated Agent
All inquiries into alleged trademark or copyright infringement on the Site or its Services should be directed to kipl
Local Laws; Export Control
KIPL controls and operates the Site from its headquarters in MUMBAI INDIA and makes no representation that the Content is appropriate or available for use in other locations. If the User uses the Site and its Services from other locations, the User is responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. KIPL also disclaims responsibility for any User attempting to do business with this Site from countries with which THE INDIAN GOVERNMENT has specifically banned trade and commerce, or are listed as Enemy countries by INDIA . KIPL will not provide any Services for a User domiciled or doing business from any enemy country . Unless otherwise explicitly stated, all marketing or promotional materials found on the Site and its Services comply with the laws of INDIA .
Modifications to the Service
KIPL reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, or the any other Services (or any part thereof) with or without notice. The User agrees that KIPL will not be liable to the User or to any third party for any modification, suspension, or discontinuance of the Services.
General
By accessing the Site, the User agrees to the above stated TERMS AND CONDITIONS. This Agreement is entered into in MUMBAI INDIA and shall be construed in accordance with the laws of the Republic of India exclusive of its choice of law stroke rules. Each party to this TERMS AND CONDITIONS submits to the exclusive jurisdiction of the courts having jurisdiction in the Mumbai india and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TERMS AND CONDITIONS, the prevailing party will be entitled to costs and ADVOCTES fees.
In the event that any provisions of this TERMS AND CONDITIONS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TERMS AND CONDITIONS shall otherwise remain in full force and effect. This TERMS AND CONDITIONS and any posted guidelines or rules applicable to the Site and Services subject to this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. Please report any violations of the TERMS AND CONDITIONS through our Contact Us form. Arbitration Clause :-
Any dispute or difference arising out of or in connection with this terms and conditions or the use of this site or relating thereto shall be determined by the sole arbitration of CHARUL D ABUWALA .Advocate High court .Bombay and the decision of the said arbitrator shall be binding on all parties .The place of arbitration shall be MUMBAI and the language of Arbitration shall be English and the arbitration shall be governed by the ARBITRATION AND CONCILIATION ACT 1996 or any other law for the time being in force in India.