PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
Before you subscribe to and/or begin participating in or using a 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 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 behaviour during use of the 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 a 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 maybe.
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 conditions 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, paedophilic, libellous, 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 correctness 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, labour disputes, riots, insurrections, civil disturbances, shortages of labour 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:
a) the use or the inability to use the site.
b) any defect in goods, samples, data, information, or services purchased or obtained from a user or a third-party service provider through site:
c) unauthorized access by third parties to data or private information of any user:
d) 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
We are aware that you are concerned on how information about you is used and shared and we value the trust you place in us. We hence, insist upon high standards for secure transactions and customer information privacy.
By visiting Kogland.com, it is deemed that you have fully read, understood and agree to be bound
The main purpose of the services that KOGLAND provides you, requires that we gather, process, use and distribute the member's information which you provide directly by filling out our various forms and formats; e.g. Your company name, contact information, company profile and homepage and the products you buy and sell, etc. Therefore, Kogland.com does not guarantee that your information will be protected from exposure in any particular party or group. In fact, the purpose of an online B2B portal is to make you and your company known to the global commercial market. If you wish to remove your company or update your company's information you can contact KOGLAND admin at [email protected]
KOGLAND collects information at the time you register to become a Registered User of the site and gain access to the services provided by KOGLAND (“Registration Information”) or at other specific instances when you are required to provide us your personal and non-personal information. Registration Information shall include, but not limited to, information regarding your name, contact information (e-mail, phone), and business information, registered address, banking details etc.
The purpose of collecting this information is to provide a smooth, efficient, safe and customised experience. While you can browse some sections of our website without being a registered member, certain activities, such as placing an order etc do require registration.
We may automatically track certain information about you based upon your behaviour on our website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. Some or all data collected may be shared with the sponsors, investors, advertisers, developer, strategic business partners of KOGLAND.
While using the website, KOGLAND's servers (hosted by a third-party service provider) may collect information indirectly and automatically about your activities on the website; for instance by way of cookies. "Cookies" are small files placed on your hard drive that assist us in providing our services. Some of the features that we offer are available only using a "cookie". Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
Additionally, you may encounter "cookies" or other similar devices on certain pages of the website that are placed by third parties. We do not
You may submit any information to Kogland.com , to be published on the site through the publishing tools, including but not limited to company directory, product catalogue, trade leads etc, in which case, you are deemed to have given consent to the publication of such information.
Promotions that run on our website may be sponsored by companies other than KOGLAND or may be co- sponsored by
KOGLAND and another company. We may use third-party service providers to serve ads on our behalf across the internet and sometimes on the website.
They may collect information about your visit to our website.
Once registered, it is deemed that you have given KOGLAND the right to use your personal and non-personal information.
USE OF INFORMATION
We use the information collected to provide the services you request, improve our marketing and promotional efforts, to statistically analyse site usage, to resolve disputes, troubleshoot problems, help promote a safe service, collect money, measure consumer interests in the products and services, customise your experience, detect and protect us against error, fraud and other criminal activities.
Business information is used to display the user’s business listing or product offerings across our website to fetch maximum business opportunities for the user. Once the user's content is displayed on our website, the user may start receiving business enquiries through email, phone calls or SMS notifications, from third parties that might or might not be of their interest, KOGLAND does not exercise any control over it.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services.
At the time of making any online purchase on the website, you are required to submit your information. KOGLAND uses an online payment gateway that is operated by a third party and the information that you share with KOGLAND is transferred and shared with such third - party payment gateway operators. The said operator may also have access to your online purchase history/details that you make from the website. Extremely sensitive information like your credit-card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. You are advised, however, that internet technology is not 100% safe and you should exercise discretion on using the same.
LINKS TO THIRD PARTY SITES
Kogland.com does not have any co-branding relationship with any other party, however, you may be directed to any third party website through google ads, hyperlinks (in the form of word links, banners, channels or otherwise) or links provided by the website as a convenience to user(s) and KOGLAND does not have any control over such sites i.e contents and resources provided by them, and hence, is not responsible for the privacy practices or the content of those linked sites. You are therefore cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites.
KOGLAND takes necessary steps, within its limit of commercial viability, to ensure that user(s) information is treated securely. Our website has stringent security measures in place to protect the loss, misuse, and alteration of information under our control. Once your information is in our possession, we adhere to strict security guidelines, protecting it against unauthorized access.
We request our users to sign out of their KOGLAND account and close their browser window when they have finished their work. This is to ensure that others cannot access their personal or business information and correspondence, if the user shares the computer with someone else or is using a computer in a public place.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while KOGLAND strives to protect the user's personal & business information, it cannot ensure the security of any information transmitted to KOGLAND and you do so at your own risk.
Notwithstanding anything contained in this policy or elsewhere, KOGLAND shall not be held responsible for any loss, damage or misuse of Your Information, if such loss, damage or misuse is attributable to a Force Majeure Event.
ADVERTISEMENTS ON KOGLAND.COM
We may use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
CHANGES IN PRIVACY POLCIY AND YOUR CONSENT
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name : Abraham Isaac
E-mail : [email protected]
Registered Address : Unit IVB, 2nd Floor, Phase 1, Carnival Infopark, Kusumagiri P.O, Kakkanad, Ernakulam, Kerala-682030
Working hrs : Mon-Fri ( 9:00 am - 6:00 pm )