Terms of Use
Introduction.
Welcome to www.kps.co.in ("kps / Site"). These are the terms and
conditions governing your use of the Site ("herein after referred to
as Acceptable Use Policy "AUP"). By accessing kps either through the
website or any other electronic device, you acknowledge, accept and
agree to the following terms of the AUP, which are designed to make
sure that kps works for everyone. This AUP is effective from the time
you log in to kps. By accepting this AUP, you are also accepting and
agreeing to be bound by the Privacy Policy and the Listing Policy.
1. Using kps.
You agree and understand that www.kps.co.in is an internet enabled
electronic platform that facilitates communication for the purposes of
advertising and distributing information pertaining to goods and/ or
services. You further agree and understand that we do not endorse,
market or promote any of the listings, postings or information, nor do
we at any point in time come into possession of or engage in the
distribution of any of the goods and/ or services, you have posted,
listed or provided information about on our site. While interacting
with other users on our site, with respect to any listing, posting or
information we strongly encourage you to exercise reasonable diligence
as you would in traditional off line channels and practice judgment
and common sense before committing to or complete intended sale,
purchase of any goods or services or exchange of information. We
recommend that you read our Safety tips before doing any activity on
our site.
While making use of kps classifieds and other services such as the
discussion forums, comments and feedback and other services interalia,
you will post in the appropriate category or area and you agree that
your use of the Site shall be strictly governed by this AUP including
the policy for listing of your Classified which shall not violate the
prohibited and restricted items policy (herein after referred to as
the Listing Policy.) (Listing Policy) The listing policy shall be read
as part of this AUP and is incorporated in this AUP by way of
reference:
a. " Your Information" is defined as any information you provide to us
or other users of the Site during the registration, posting, listing
or replying process of classifieds, in the feedback area (if any),
through the discussion forums or in the course of using any other
feature of the Services. You agree that you are the lawful owner
having all rights, title and interest in your information, and further
agree that you are solely responsible and accountable for Your
Information and that we act as a mere platform for your online
distribution and publication of Your Information.
b. You agree that your listing, posting and / or Information :
* shall "not be fraudulent, misrepresent, mislead or pertain to the
sale of any illegal, counterfeit, stolen goods and / or services
* shall not pertain to good , services of which you are not the lawful
owner or you do not have the authority or consent to 'list' which do
not belong to you or you do not have the authority for * shall not
infringe any intellectual property, trade secret, or other proprietary
right or rights of publicity or privacy of any third party;
* shall not consist of material that is an expression of bigotry,
racism or hatred based on age, gender, race, religion, caste, class,
lifestyle preference, and nationality and / or is in the nature of
being derogatory, slanderous to any third party;
* shall not be obscene, contain pornography or contain "indecent
representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986.
* shall not distribute or contain spam, multiple / chain letters, or
pyramid schemes in any of its forms;
* shall not distribute viruses or any other technologies that may harm
kps or the interests or property of kps users or impose an
unreasonable load on the infrastructure or interfere with the proper
working of kps;
* shall not, directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any goods and services, 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.
* shall not be placed in a wrong category or in an incorrect area of the site;
* shall not be placed in any other kps site except on the site that
relates to the city in which you are located;
* shall not list or post or pertain to information that is either
prohibited or restricted under the laws of the Republic of India and
such listing, posting or information shall not violate kps's Listing
Policy
c. You agree that your listing, posting and / or Information : if you
use the Site by registering on the Site, you are responsible for
maintaining the confidentiality of your User ID, password, email
address and for restricting access to your computer, computer system,
computer network and your kps account, and you are responsible for
all activities that occur under your User ID and password. If you
access the Site using any electronic device other than by registration
on the Site, the AUP remains applicable to you in the same manner as
if you are a registered user on the Site.
2. Eligibility
Use of www.kps.co.in, either by registration or by any other means, is
available only to persons, who are Citizens of the Republic of India,
who are 18 yrs of age and above and persons who can enter into a
legally binding contract, and or are not barred by any law for the
time being in force. If you access kps, either by registration on the
Site or by any other means, not as an individual but on behalf of a
legal entity, you represent that you are fully authorized to do so and
the listing, posting or information placed on the site on behalf of
the legal entity is your responsibility and you agree to be
accountable for the same to other users of the Site.
3. Abuse of kps
You agree to inform us if you come across any listing or posting that
is offensive or violates our listing policy or infringes any
intellectual property rights by clicking on the following link
support@kps.co.in to enable us to keep the site working efficiently and
in a safe manner. We reserve the right to take down any posting,
listing or information and or limit or terminate our services and
further take all reasonable technical and legal steps to prevent the
misuse of the Site in keeping with the letter and spirit of this AUP
and the listing policy. In the event you encounter any problems with
the use of our site or services you are requested to report the
problem by clicking on this link support@kps.co.in
4. Violations by User
You agree that in the event your listing, posting or your information
violates any provision of this AUP or the listing policy, we shall
have the right to terminate and or suspend your membership of the Site
and refuse to provide you or any person acting on your behalf, access
to the Site.
5. Content
The Site contains content which includes Your Information, kps's
information and information from other users. You agree not to copy,
modify, or distribute such content (other than Your Information),
kps's copyrights or trademarks. When you give us any content as part
of Your Information, you are granting us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable right and license
to use, reproduce, , publish, translate, distribute, perform and
display such content (in whole or part) worldwide through the Site as
well as on any of our affiliates or partners websites, publications
and mobile platform. We need these rights with respect to the content
in Your Information in order to host and display your content. If you
believe that there is a violation, please notify us by clicking here .
We reserve the right to remove any such content where we have grounds
for suspecting the violation of these terms and our Listing Policy or
of any party's rights.
6. Liability
You agree not to hold www.kps.co.in or any of its officers, employees,
agents responsible or accountable for any of your listing, postings or
information and nor shall we, our officers, employees or agents be
liable for any misuse, illegal activity or third party content as most
postings, listings or information are generated by various users
directly and we do not have any role in the creation, publication or
distribution of the posting, listing or information, nor are we in a
position to have editorial control over the substance or content
contained in the listings, postings, or information, save and except
to the extent provided in sec 3 above.
You understand and agree that we do not guarantee the accuracy or
legitimacy of any listing, posting, information by other users. You
further agree that we are not liable for any loss of money, goodwill,
or reputation, or any special, indirect, or consequential damages
arising out of your use of the site or as a result of any sale,
purchase of goods and services with other users of the site. We also
cannot guarantee continuous or secure access to our Services.
Accordingly, to the extent legally permitted we exclude all implied
warranties, of merchantability, fitness or quality of the Site and our
services.
7. Personal Information
By using kps, you agree to the collection, transfer, storage and use
of any personal information provided by you on the Site by kps Online
Media Private Limited. The data is stored and controlled on servers
located in Mumbai, India as further described in our Privacy Policy.
By submitting your resume with your replies, you give permission to
kps to publicly display your resume which can be freely accessed by
anyone. You also agree to receive marketing communications from us
unless you specifically indicate otherwise in writing to us through
support@kps.co.in. You may send questions about this policy to
privacy@kps.co.in.
8. General
We may update this AUP or the listing policy at any time and may
notify you of such updates via a post on the boards and /or through
email communications. The modified AUP and /or Listing Policy shall
come into effect either at the time you place your next posting,
listing or information on the Site or after a period of 60 days from
the date of the update, whichever is sooner. If we or our corporate
affiliates are involved in a merger or acquisition, we may share
personal information with another company, but this AUP shall continue
to apply.
9. Third Party Content and Services
kps may provide, on its site, links to sites operated by other
entities. If the user decides to view this site, they shall do so at
their own risk, subject to that site's terms and conditions of use and
privacy policy that may be different from those of this site. It is
the user's responsibility to take all protective measures to guard
against viruses or other destructive elements they may encounter on
these sites. kps makes no warranty or representation regarding, and
do not endorse any linked website or the information appearing thereon
or any of the products or services described thereon.
Further, user's interactions with organizations and/or individuals
found on or through the service, including payment and delivery of
goods and services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between the
user and such organization and/or individual. The user should make
whatever investigation they feel necessary or appropriate before
proceeding with any offline or online transaction with any of these
third parties.
10. Indemnity
The User should agree to indemnify and hold kps its officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs,
made by any third party due to or arising out of content submitted by
the user, users use of the service, violation of the TOU, breach by
the user of any of the representations and warranties herein, or
user's violation of any rights of another.
11. Governing Law & Jurisdiction
This AUP and the Listing Policy shall be governed and construed in
accordance with the laws of the Republic of India and the courts at
Mumbai shall have exclusive jurisdiction on all matters and disputes
arising out of and relating to the Site.
