Terms of Use (Last Modified: 06 June, 2018)
1. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Platform (defined below).
3. Kreativeupi (“Website” or “Platform”), is owned, registered and operated by Kreative UPI Solutions ("Company"), a proprietary concern, incorporated under the provisions of the Companies Act, 1956, and having its registered office at 14/6/8, Meenakshi Enclave, Behind Marble Estate, Morampudi junction, Rajahmundry - 533101, Andhra Pradesh, India.
4. These terms of usage (“Terms of Use”) govern Your use of the Platform and Services (as defined below) as aggregated through the Platform. By using or visiting our Platform, or by using any Services aggregated through the Platform, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
5. For the purpose of these Terms of Use, wherever the context so requires "You", "Your “or "User" shall mean any person who uses the Platform for availing the Services. The term "We", "Us", "Our" shall mean the Company, its employees, and authorized agents that perform any services on the Company’s behalf.
6. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Platform and Your continued use of the Platform, and/or the Services aggregated through the Platform constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Platform.
Unless otherwise stated in legal notices elsewhere on this web site, any person is hereby authorized to view, copy, print, and distribute any document published by Kreative UPI Solutions on its web site provided that it is:
• for personal use,
• for non-commercial use,
• for educational Purpose,
• for information purposes,
Note that any product, process or technology described in a document on this server may be subject of other Intellectual Property Rights owned by KreativeUPISolutions or any of its subsidiaries and are not licensed hereunder. The same may apply to Intellectual Property Rights owned by others.
The use of this website is subject to the following terms of use:
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without [business name]'s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
Information Policy
Information on this web site is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
The information herein may include technical inaccuracies or typographical errors. Changes may periodically be made to the information and will be incorporated in new editions of this document. KreativeUPISolutions may make improvements or changes in products and programs described in this publication at any time without notice.
Links to Third Party Web Sites
This web site may provide links to other third-party web sites or resources. KreativeUPISolutions makes no representations whatsoever about any other web site which you may access through this web site. Because KreativeUPISolutions has no control over such sites and resources, you acknowledge and agree that KreativeUPISolutions is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References on this web site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. KreativeUPISolutions makes no representation or warranty as to any third party content, products or services, and you agree that KreativeUPISolutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
Notices
Notices to you may be made via either email or regular mail. KreativeUPISolutions may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the web site.
Trademark Notice and Disclaimer
All trademarks contained are the property of their respective owners.
The information contained in this website is for general information purposes only. The information is provided by KreativeUPISolutions and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of KreativeUPISolutions. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, KreativeUPISolutions takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Submission of Information
Although KreativeUPISolutions provides certain encryption in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit to KreativeUPISolutions through the web site, KreativeUPISolutions does not guarantee the security of any information transmitted to or from the Web site. You understand and agree to assume the security risk for any information you provide using the Site.
Other than the Financial Information, do not send any confidential or proprietary information to KreativeUPISolutions through the Web site. Except for the Financial Information or personally identifiable information relative to you, any information you do send to KreativeUPISolutions through the Web site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant KreativeUPISolutions an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that KreativeUPISolutions is free to use any ideas, concepts, know-how or techniques that you send KreativeUPISolutions for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy.
You are prohibited from posting or transmitting to or from the Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Product (Hardware) Warranty - six(6) months
KreativeUPISolutions warrants that it has full right and title to sell or license the Products delivered to the Buyer.
Any warranty given by KreativeUPISolutions is unless otherwise stated valid up to six (6) months after the Buyer has received
Product. KreativeUPISolutions warranties does not extend to where Product defects are results of improper use, tampering, negligence, modification, customization, improper installation, improper Product testing methods, repairs made by the Buyer, or other coincidental factors.
KreativeUPISolutions warranty explicitly does not apply to its sale of used hardware.
Product (Software) Warranty
KreativeUPISolutions makes no representation or warranties with respect to the performance, interoperability, function or fitness for a specific purpose of any computer program and software, bundled in, delivered with the Product or delivered separately and specifically disclaims any responsibility for any damages, special or consequential, connected with the use of this program or software.
Product Liability
To the extent permissible by law, KreativeUPISolutions disclaims any liability for Product liability claim arising out of or due to the Buyer’s usage of an KreativeUPISolutions Product for purposes other than which it was intended.
KreativeUPISolutions also explicitly disclaims any other Product liability if injury or damage is a result of improper use, negligence, modification, improper installation, improper Product testing methods, repairs made by the Buyer, or other coincidental factors.
The exemption from liability also ends if KreativeUPISolutions manufactures a Product on the order of a Buyer without knowledge of the end Product usage or without Kreative UPI Solutions’s ability to control or monitor the Product end application.
Limitation of Liability
Kreative UPI Solutions shall under no account be liable for or be obliged to indemnify the Buyer for indirect damages – such as loss of business, loss of profits or other indirect loss/damage, consequential or punitive damages – unless such damage is the result of gross negligence or intent by KreativeUPISolutions.
KreativeUPISolutions explicitly disclaims any warranty as to the merchantability, lack of aptness, functions, utility or fitness for a specific purpose of the Product sold to the Buyer.
Intellectual Property Rights
The Buyer understands and hereby confirms that any and all technical proprietary knowledge, discovery, development, invention, design, process, formulae, method, database, information, drawing, code, computer program, copyright, semiconductor, circuit board layout or other topography and trademark (“Intellectual Property Rights”) associated with, incorporated of used in the Product is and remains under the ownership of Kreative UPI Solutions and its licensors.
Nothing herein or otherwise in conjunction with the sale and purchase of the Product constitutes a transfer of ownership or a license to use the Intellectual Property Rights other than for the purposes which are normal for an average non-expert consumer. The Buyer acknowledges that any further use of the Product does require Kreative UPI Solutions’s explicit approval.
The Buyer is to the extent permissible according to law prohibited to deconstruction or reverse engineering the Product or any single parts or component included or embedded in the Product.
For avoidance of doubt reproduction of software is never allowed if the direct access to the software is limited, e.g. by means of encryption or other means which would make it necessary to reverse engineer the Product in order to gain access to the software.
Kreative UPI Solutions Product may not be installed in life-sustaining medical, nuclear or military systems without the express written consent of Kreative UPI Solutions.
The resale or re-export of single or system integrated KreativeUPISolutions Product requires KreativeUPISolutions’s permission. Any such permission granted to Buyers from KreativeUPISolutions does not include transfer to Third Parties of any technical proprietary knowledge, licenses, copyrights and trademarks associated with all Kreative UPI Solutions Product.
Limitation of Liability
Kreative UPI Solutions shall under no account be liable for or be obliged to indemnify the Buyer for indirect damages – such as loss of business, loss of profits or other indirect loss/damage, consequential or punitive damages – unless such damage is the result of gross negligence or intent by KreativeUPISolutions.
KreativeUPISolutions explicitly disclaims any warranty as to the merchantability, lack of aptness, functions, utility or fitness for a specific purpose of the Product sold to the Buyer.
Governing Law
Terms of Use shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in Rajahmundry, Andhra Pradesh, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.
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