Koows Terms Of Service
Our terms of services are applicable to all viewers who visit our website or mobile application or interact with us. Here we shall refer ourself as “Koows” and will refer viewers/users as “You”.
These services may be changed from time to time and viewers are therefore requested to review our terms of services regularly about the information and services being provided by us.
These services apply to you when you access or use our website, mobile application and other services provided by us. Our terms form your responsibilities when you are using our services. if you are using our services then you are bound by our terms and our rules.
Your Account and Responsibilities
You are responsible for the content you post and the usage of our services. To access some services you need to register for an account. Your account is password protected. To protect your account you should not share your password with anyone. To get access to our services, you must be above 15 years old.
User Content On The Services
We have a right to delete user’s content. We can review the user's content. if the user's content is violating our terms and rules then, we can remove the content.
Rights And Ownership
You are responsible for any content you post or submit. If you are using our app then you are giving us a grant to use your content in all our media formats & platforms. When you post something then we need to distribute your content on various platforms like on our website, application, homepage or reading list. We need the license to distribute & display your content. When you accept our terms & conditions and publish content on koows.com you authorize us to display the content on our website & associated social media channels.
You need to agree to our terms and conditions when you are publishing through your custom domain. If you disagree then please don’t use our services. When you publish your content on your custom domain (domain will be owned by the user and backend content will be present on our platform) then the list of your content will also be displayed on koows.com. When you accept our terms & conditions then you also authorise us to display a list and para of your content our koows.com.
So as long as you are OK with our terms, we give you limited, personal license to access and use our services.
Apart from the content you submit or post, we always welcome your genuine feedback, including comments, ideas and suggestions about our services, we may use your feedback to improve our services.
Termination
You are free to stop using our services at any time. We also have a right to terminate or suspend your account temporarily or permanently if you violate our rules. We also reserve the right to block you from our services, delete your publications & account without assigning any reason. If you don’t agree to this condition then please don’t use our services.
Transfer And Processing Data
If you are using our services, then you agree that we may process, transfer and store your information in our country (India).
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Koows, and our officers, directors, agents, partners and employees (individually and collectively, the “Koows Associates”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify in writing Koows Associates of any third-party Claims, cooperate with Koows Associates in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Koows will have control of the defense or settlement, at Koows sole option, of any third-party Claims.
Disclaimers
Our main aim is to provide you better services, but sometimes we can’t guarantee. We are not responsible as you are using our services at your own risk. Any content posted by anyone is not our content, so we are not responsible for that. In addition we don’t represent that our services are accurate.
While using our application, you may use some third parties content like payment gateways, so we are not responsible for that, as you are using those content/services at your own risk.
Limitations Of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Koows or the other Koows Associates in providing the Services. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, Knows and Koows Associates won’t be liable for:
(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Koows or the other Koows Associates have been advised of the possibility of such damages.
(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Koows and the other Koows Associates for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of INR 500 or the amount paid by you to use our Services.
Resolving Disputes; Binding Arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against Koows, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at contact@isitwa.in.
The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within forty five (45) days after any notice is sent and 2 reminders have also been sent at intervals of 10 days each, then either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Koows and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a court or jury trial.
(a) No Representative Actions. You and Koows agree that any dispute arising out of or related to these Terms or our Services is personal to you and Koows and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. All Disputes submitted by you or Koows to Court/arbitration authority will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in District Court Hamirpur, Himachal Pradesh, India.
(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Koows, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary.
The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(d) You and Koows agree that for any arbitration you initiate, you will pay the filing fee. For any arbitration initiated by Koows, Koows will pay all fees and costs. You and Koows agree that the district court Hamirpur, Himachal Pradesh (India) have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(e) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Koows will not have the right to assert the claim.
(f) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to contact@isitwa.in. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the next section regarding “Indian Law.”
(g) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction at Hamirpur, Himachal Pradesh, India and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
Governing Law and Venue
These Terms and any dispute that arises between you and Koows will be governed by Indian Law. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in the District Court Hamirpur, Himachal Pradesh, India and High Court of Himachal Pradesh, India.
Amendments
Our terms of services may be changed from time to time and viewers are therefore requested to review our terms of services regularly about the information and services being provided by us. If anyone does not agree with our new terms then, they must stop using our services and if you are new then you shouldn’t continue with our services.
Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
Koows’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies on koows.com that May Apply to Your Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
