PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
Before you subscribe to and/or begin participating in or using website, Kogland believes that user(s) have fully read, understood and accept the Agreement.
KOGLAND USER AGREEMENT
Your use of the Kogland website - www.kogland.com and services available on the website is governed by the following terms and conditions. This User Agreement for the website shall come into effect on July 1, 2016.
1. APPLICATION OF AND ACCEPTANCE OF TERMS AND CONDITIONS
1.1 For purposes of this Agreement, a User is any person who accesses the website for whatever purpose, as a registered user or whether such User is a paying customer for a specific service provided by Kogland. A user includes the person using this website and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the website, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this website and any further upgrade, modification, addition or change to this website. If you do not accept all of the terms and conditions of this Agreement, or wish to be bound by the Agreement, you may not access or otherwise use the website.
1.3 Kogland may modify, change, amend or update this Agreement at any time without prior notification to user(s) and amended and restated Agreement shall be effective immediately upon posting. Your continued use of the website shall be deemed to be acceptance of the amended terms. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement
1.4 This Agreement applies to each free Registered Member (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service.
2. USER(S) ELIGIBILITY
2.1 User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by Kogland.
2.2 Kogland services are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872.
2.3 Kogland advises its users that while accessing the website, they must follow/abide by the related laws. Kogland is not responsible for the possible consequences caused by your behavior during use of website.
2.4 If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
3. ELECTRONIC COMMUNICATION
3.1 When You use the Website or send emails or other data, information or communication to Kogland, You agree and understand that You are communicating with Kogland through electronic records and You consent to receive communications via electronic records from Kogland periodically and as and when required.
4. REGISTERED USER AND USER ACCOUNT
4.1 To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.
4.2 User(s) can become a Registered User(s) by filling an on-line registration form on the website by giving desired information (name, contact information, details of its business, etc.)
4.3 Kogland will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account.
4.4 If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be.
4.5 If you register on behalf of a business entity, you represent that business entity and
4.5.1 you have the authority to bind the entity to terms and condition of use and/or this Agreement;
4.5.2 the address you use when registering is the principal place of business of such business entity; and
4.5.3 all other information submitted to Kogland, during the registration process is true, accurate, current and complete
4.6 By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize Kogland to share such information with other user(s).
4.7 Kogland may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a registered membership at any time without any prior notification in interest of Kogland or general interest of its visitors/other members without giving any reason thereof.
4.8 Despite Your organization’s contact number(s) are on Do Not Call Registry, You consent to be contacted by Kogland through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Kogland.
4.9 You agree to:
4.9.1 Provide true, accurate, current and complete information about yourself as prompted by Kogland's registration form or provided by You
4.9.2 Maintain and promptly update the personal and non-personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Kogland has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Kogland has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
5. USE OF THE WEBSITE
5.1 You understand and agree that Kogland and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website.
5.2 You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that
5.2.1 Belongs to another person and to which You do not have any right to
5.2.2 Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
5.2.3 Harm minors in any way
5.2.4 Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
5.2.5 Violates any law for the time being in force
5.2.6 Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
5.2.7 Impersonate another person
5.2.8 Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
5.2.9 Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2.10 Shall be false, inaccurate and misleading
5.3 You shall not, 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.
5.4 You shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
5.5 You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
5.7 From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
5.8 Kogland reserves the right in its sole discretion to remove any material displayed on the Website which it reasonably believes is unlawful, could subject Kogland to liability, violates this Agreement or is otherwise found inappropriate in Kogland’s opinion. Kogland reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. In connection with any of the foregoing, Kogland may suspend or terminate the Account of any User as Kogland deems appropriate in its sole discretion.
6.1 The BUYER shall keep Kogland indemnified
6.1.1 against freight, and other charges including duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments plus disputes and actions with their Consignees if any related to quality, quantity and condition.
6.1.2 from any sequential liability due to the product related issue or due to the delay in delivery of the product.
6.1.3 Against all duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments
6.1.4 against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on its part.
6.2 The BUYER will be solely responsible to comply with all statutory requirements (State, Central Laws/Statutes, Tax Laws and Local Laws) applicable in relation to booking, sale and transportation of the shipments carried and delivered by Kogland in pursuance of this agreement.
6.3 Kogland makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Website.
6.4 Under no circumstances shall Kogland be held liable for an delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
6.5 Kogland shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
6.5.1 the use or the inability to use the Site;
6.5.2 any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
6.5.3 unauthorized access by third parties to data or private information of any User;`
6.5.4 statements or conduct of any User of the Site;
6.6 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
7. GOVERNING LAW AND JURISDICTION