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Terms and Conditions

Last updated January 15, 2024


We are KalaFreaks ('Company', 'we', 'us', or 'our').
We operate the website https://www.kalafreaks.com (the 'Site'), as well as any other related products and services that refer
or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity
(you), and KalaFreaks, concerning your access to and use of the Services. You agree that by accessing the Services, you
have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to
these Legal Terms at any time and for any reason. We will alert you about any changes by updating the 'Last updated' date
of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after
the date such revised Legal Terms are posted.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which
they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or
guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal
Terms before you use the Services
We recommend that you print a copy of these Legal Terms for your records.

Agreement to Our Legal Terms

Table Of Contents

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENCE
11. GUIDELINES FOR REVIEWS
12. SOCIAL MEDIA
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. COPYRIGHT INFRINGEMENTS
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. MISCELLANEOUS
27. CONTACT US

1. OUR SERVICES


The information provided when using the Services is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services
from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.


2. INTELLECTUAL PROPERTY RIGHTS


Our intellectual property


We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the
'Content"), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and
unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.


Your use of our Services


Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a
non-exclusive, non-transferable, revocable licence to:

  • access the Services; and

  • download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, or transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: contact@kalafreaks.com. If we ever grant you permission to post,
reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting.
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.


Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use
Our services will terminate immediately.


Your submissions and contributions


Please review this section and the 'PROHIBITED ACTIVITIES' section carefully before using our Services to understand
the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services


Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the
Services: ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgement or compensation to you.


Contributions: The Services may invite you to chat contribute to or participate in blogs, message boards, online forums
and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music
graphics, comments, reviews, rating suggestions. personal information. or other material ('Contributions'). Any Submission
that is publicly posted shall also be treated as a contribution.

You understand that Contributions may be viewable by other users of the Services


When you post Contributions, you grant us a licence (including the use of your name, trademarks, and logos): By
posting any Contributions, you grant us unrestricted, unlimited, irrevocable, perpetual, non-exclusive, and transferable.
royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions
(including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your Contributions, and sublicence the licences granted in
this section. Our use and distribution may occur in any media format and through any media channels.
This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide.


You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any
part of the Services or making Contributions accessible through the Services by linking your account through the Services to
any of your social networking accounts, you:

  • confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or

       transmit through the Services any Submission nor post any illegal Contribution, harassing, hateful, harmful,
      defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false,
      inaccurate, deceitful, or misleading:

  • to the extent permissible by applicable law, waive any moral rights to any such Submission and/or

      Contribution;

  • warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and

       licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above
       mentioned rights in relation to your Submissions and/or Contributions; and

  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and
all losses that we may suffer because you breach (a) this section, (b) any third party's intellectual property rights, or (c)
applicable law.

 

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the

right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section
below.


3. USER REPRESENTATIONS


By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration
information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not
under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Services; (6) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use
of the Services will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any current or future use of the Services (or any portion thereof).


4. USER REGISTRATION


You may be required to register to use the Services., You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


 5. PRODUCTS


We make every effort to display as accurately as possible the colours, features, specifications, and details of the products
available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the
products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately
reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that
items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are
subject to change.


6. PURCHASES AND PAYMENT


We accept the following forms of payment:

  • Visa

  • Mastercard

  • Rupay

  • UPI

  • Net Banking

  • Wallet


You agree to provide current, complete, and accurate purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment information, including email address, payment
method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales
tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments
shall be in Indian Rupee.


You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any such amounts upon placing your order. we reserve the right to correct

any errors or mistakes in pricing, even if we have already requested or received payment. 

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.


7. RETURN POLICY


Please review our Return Policy posted on the Services before making any purchases.


8. PROHIBITED ACTIVITIES


You may not access or use the Services for any purpose other than that for which we make the Services available. The
Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or
approved by us.
As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. 

  • Disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Services.  

  • Use any information obtained from the: Services to harass, abuse, Or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorised framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text). that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data-gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs'). 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or uses or launches any unauthorised script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails. or creating user accounts by automated means or under false pretences.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

 9. USER GENERATED CONTRIBUTIONS


The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions').
Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions
you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions.
you thereby represent and warrant that:

 

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of

       Your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent,
       trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use

       and to authorise us, the Services, and other users of the Services to use your Contributions in any manner
       contemplated by the Services and these Legal Terms.

  • You have the written consent, release, and/or permission of every identifiable person in your

       Contributions to use the name or likeness of every such identifiable person to enable inclusion
       and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain

       letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent harassing, libellous, slanderous, or otherwise

       objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to

       promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any applicable law concerning child pornography, Or otherwise intended to protect

       the health or well-being of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual

       preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or

       any applicable law or regulation.


Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things
termination or suspension of your rights to use the Services.


10. CONTRIBUTION LICENCE


By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your
account from the Services to any of your social networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising
or otherwise, and to prepare derivative works of, or incorporate into other works, such as Contributions, grants and
authorise sublicences of the foregoing. The use and distribution may occur in any media format and through any media
channels.


This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos
and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-
categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete
any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.


11. GUIDELINES FOR REVIEWS


We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should
not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any
false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether
positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review
or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual
non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce and modify,
translate, transmit by any means, display, perform, and/or distribute all content relating to the review.


12. SOCIAL MEDIA


As part of the functionality of the Services, you may link your account with online accounts you have with third-party service
providers (each such account, a 'Third-Party Account') by either; (1) providing your Third-Party Account login information
through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you
of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to
pay any fees or make us subject to any usage limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the 'Social Network
Content') so that it is available on and through the Services via your account, including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when
you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your
Third-party accounts may be available on and through your account, on the Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-
party service provider, then Social Network Content may no longer be available on and through the Services. You will have
the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited
to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge
and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored
on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account
by contacting us using the contact information below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and
profile picture that become associated with your account.


13. SERVICES MANAGEMENT


We reserve the right, but not the obligation, to; (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable
all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
 

14. PRIVACY POLICY


We care about data privacy and security. Please review our Privacy Policy: https://www.kalafreaks.com/privacy-policy
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please
be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through
your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data
transferred to and processed in India.

15. COPYRIGHT INFRINGEMENTS


We respect the intellectual property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify us using the contact information provided below
(a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes
your copyright, you should consider first contacting an attorney.


16. TERM AND TERMINATION


These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, incuding
without limitation pursuing civil, criminal, and injunctive redress.

 

17. MODIFICATION AND INTERRUPTIONS


We reserve the right to change, modify or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the
right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software or other problems
or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in
connection therewith.


18. GOVERNING LAW


These Legal Terms shall be governed by and defined following the laws of India. KalaFreaks and yourself irrevocably
consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.


19. DISPUTE RESOLUTION


Informal Negotiations


To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a
Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party and collectively, the 'Parties'): the
Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party
to the other Party.


Binding Arbitration


The number of arbitrators shall be three (3). The seat, or legal place, of arbitration, shall be in Delhi, India. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of India.


Restrictions


The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute
to be arbitrated on a class-action basis or to utilise class-action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
 

Exceptions to Informal Negotiations and Arbitration


The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations
binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised use: and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and
Such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above and the
Parties agree to submit to the personal jurisdiction of that court.

 

20. CORRECTIONS


There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time, without prior notice.

 

21. DISCLAIMER


THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


22. LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL. EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU TO US OR. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU
AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers
agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable
attorney's fees and expenses, made by any third party due to or arising out of (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties outlined in these Legal
Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the
foregoing. we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.


24. USER DATA


We will maintain certain data that you transmit to the Services to manage the performance of the Services
as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action
against us arising from any such loss or corruption of such data.


25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronicaly, via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

26. MISCELLANEOUS


These Legal Terms and any policies or operating rules posted by us on the Services or for the Services constitute
the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of
these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control if any provision
or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by having drafted them. You hereby waive any defences you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.


27. CONTACT US


To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please
contact us at:


KalaFreaks
Phone: 9125351451
contact@kalafreaks.com

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