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Terms and Conditions
Terms and Conditions
The following Terms and Conditions will apply if You (User of the website) wish to use the online service/other services offered through this website i.e. www.kalamanthan.in also referred to as the KalaManthan Users’ Web Service (WS) Portal. Please go through the conditions carefully and if you accept them, you may register and transact on the site. Please note that once you register yourself on the KalaManthan WS site, you are deemed to have agreed to the terms and conditions set forth below. If You do not agree with all these or any of the terms and conditions, you must not transact on this Website. Once you have clicked/checked the 'I Agree' buttons/checkbox, you have been deemed to have entered into a formal agreement with KalaManthan for the purpose of transactions on this website.
KalaManthan’s performance of this agreement is subject to existing laws and legal processes of Govt. Of India, and nothing contained in this agreement is in derogation of KalaManthan’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by KalaManthan with respect to such use. You agree that KalaManthan may provide details of your use of the Web Site to regulators or police or to any other third party, or in order to resolve disputes or complaints which relate to the Website, at KalaManthan’s complete discretion.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the User and KalaManthan with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and KalaManthan with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This agreement is made between: KalaManthan (“Us”) and The User (“You”), the Consumer, whose details are set out in the User Registration page. By registering on this website/using the website the consumer/user agrees to comply with all the rules/provisions set out in the Conditions of Original Content Rights in the country of India as amended from time to time and the plagiarism rights as revised/amended from time to time and all other applicable laws.
We agree to provide online content facilities/raising service related requests/ registering complaints related to website content/performance to registered users who agree to the terms and condition set forth in this document.
We will supply the service to you with reasonable care and skill.
KalaManthan makes no guarantee that any service (s) on the website will be uninterrupted, timely, secure or error-free. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
2.0 User Obligations:
It shall be the obligation of the consumer to register the Account ID’s belonging to yourself/in your name only. You shall access our website only for lawful purposes and you shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of our website. This Website is for your personal as well as commercial use. You can do following changes to your own content: modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Website. You can create a hypertext link to the Website or "frame" the Website. You shall not do following actions on the content not owned by you: modify, create derivative works from, transfer or sell any information, perform reproduce, publish, license. You can however, do following actions on the content not owned by you: distribute, transmit, display, refer with proper mention of the name of the owner with the express advance written permission of KalaManthan.
3.0 User Responsibility:
You confirm to us that you are Indian Citizen and have the legal capacity to enter into this Agreement with us and that all information you provide in respect of your use of the service is true and accurate to the best of your knowledge and belief. You are responsible for the security of your password and for all transactions undertaken using your password through our service. You confirm that you are the authorized owner of the content uploaded by you or the original account holder used in the transactions you make using the website and you alone use the "ID" and "password" you have created in the site. KalaManthan will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/account details number for making transactions on this site.
You confirm us that the content loaded by you are your own creation and not fall under any copyright violation or plagiarism. You agree to the terms and conditions that if KalaManthan team or external party claims for any such discrepancy, your content will be immediately offloaded from the website.
You confirm us that the content loaded are specific to the topic and category for which KalaManthan is providing the platform. Any content which violates these conditions and are inappropriate, will be immediately cancelled and user will be removed from the KalaManthan.
You agree to the terms & conditions that your contents are visible to the public who visit Kalamanthan WS. You also confirm here by accepting the terms and conditions that the contents can be purchased or distributed freely by KalaManthan social sites like Facebook, Instagram, Twitter, YouTube.
You agree that KalaManthan will assist the User for the right pricing of the content to be sold on the KalaManthan PortFolio page.
For any purchase by external party, KalaManthan will keep 20% of the total purchase price & balance amount will be credited to your account.
You confirm that following is the process of transaction:
1. User upload the content.
2. KalaManthan Panelist review & approve the content.
3. Buyer shows interest to buy the content.
4. Buyer sends request for quote to KalaManthan.
5. KalaManthan coordinate with the content owner and get final pricing.
6. KalaManthan communicates back to the Buyer on the final price.
7. Buyer confirms the order.
8. Buyer will transfer the amount to KalaManthan Bank Account.
9. KalaManthan will transfer the amount to user bank account after taking the 20% commission fees, within 10 working days.
KalaManthan will not record any Banking Information of yours inside the database and will only use the information during the buyer and seller incident.
The receipts for the payments from Buyer of the content made online are issued in good faith/subject to credit of the amounts to KalaManthan Account/consumer honours the payments for the transactions carried out on the website. In case of any delay in realizing the payments/ crediting of the amounts to KalaManthan Account /or reversal of the payments at the instance of the buyer or buyer’s bank account or mobile service provider (in case of mobile based payments), the buyer’s selection of the content is liable for void as per the prevailing rules.
4.0 Limitation of Liability:
We shall not be liable to you save as expressly provided for in these terms and conditions and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise arising out of the use of the service or connection to the website. To the maximum extent permitted by law, KalaManthan and/or its respective suppliers hereby disclaims all warranties, terms and conditions with regard to this information, products and services including all implied warranties, terms and conditions, by statute, collaterally or otherwise, title and non-infringement in no event, shall KalaManthan and/or its Associates/Business Partners be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of this Website or with the delay or inability to use this Website or for any information, products and services obtained through this Website or otherwise arising out of the use of this website whether based on contract, tort, strict liability or otherwise, even if KalaManthan or any of its associates/Business partners have been advised of the possibility of damages.
5.0 Force Majeure:
We shall not be liable to you in respect of any delay in performance of these terms and conditions or delay in performance or breach of the terms and conditions due to any event or circumstances beyond our reasonable control.
6.0 Governing Law:
Indian Law govern this Agreement and your use of the website. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Nagpur, Maharashtra State, India in all disputes arising out of or relating to the use of the KalaManthan Services through this website. Use of the KalaManthan website/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
7.0 Entire Agreement:
This Agreement including any document referred to herein constitute the entire agreement between us and you in respect of your use of this service.
8.0 Third Party Rights:
Nothing in this Agreement shall be taken as granting any rights expressly or implicitly whether contractual or statutory to persons other than you or us.
No part of this site shall be reproduced in any form whether electronically or otherwise without the prior consent of KalaManthan. Other than temporarily in the course of using the KalaManthan service or to keep a record of transactions entered into using the service. All rights not expressly granted herein are reserved.
The users shall upload the content to their own accounts and KalaManthan will not be responsible for any wrong content upload due to entering of the wrong Account ID or wrong/excess amounts. The cancellation of the wrong/inappropriate content will be subject to the conditions relating there to (Ref clause 3.A & 3.b of the User Responsibility).
10.0 Termination Rights:
We may at any time at our sole discretion and without giving any reason or any prior notice terminate or temporarily suspend your access to all or any part of the website.
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