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THE KEY SOLUTION
USER AGREEMENT

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND 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.
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 USER AGREEMENT FOR ACCESS OR USAGE OF THE KEY SOLUTION
1. THE KEY SOLUTION has taken all reasonable measures to ensure the accuracy of the links and profile within THE KEY SOLUTION. We invite you to bring to our attention any information you believe to be inaccurate. Please respond to General Information, along with an explanation of your objection.
2. The links and profile that appear on THE KEY SOLUTION are for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing services you've read about on THE KEY SOLUTION, you should confirm with the Agency, Vendor and similar entities any information, including the price that is important to your purchasing decision. THE KEY SOLUTION is not responsible for, and does not guarantee the performance of, any such or services.
3. USER AGREEMENT
a. Your use of a THE KEY SOLUTION {including THE KEY SOLUTION (hereinafter referred to as “the Website”) and its related sites, services and tools} is governed by the following terms and conditions as applicable to the THE KEY SOLUTION and the general principles for other THE KEY SOLUTION websites of our subsidiaries. If you transact on any THE KEY SOLUTION website other than the Home Website, you shall be subject to the policies that are applicable to THE KEY SOLUTION sites for such transaction. This User Agreement for the Website shall come into effect on 1st June 2018 (“User Agreement”). If you reside in India, you are contracting with Key Disruptors Private Limited, a company incorporated under Companies Act, 2013 with registered office at B-502 Sukh Sagar Apartments, Plot no. 12, Sector 9, Dwarka, New Delhi, 110075. These terms and conditions constitute your binding obligations towards these respective contracting entities (hereinafter individually and collectively referred to as THE KEY SOLUTION”).
b. For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the App/ Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id.
c. As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Register’/‘Sign Up Now’ button while transacting as Guest User or such other actions that implies your acceptance.. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and THE KEY SOLUTION Rules and Policies, please do not click on the “check box” and on the “continue” button, ‘Register’ or “Sign Up Now” button and do not seek to obtain access to or otherwise use THE KEY SOLUTION.
4. AMENDMENTS
a. THE KEY SOLUTION may amend this User Agreement and/or THE KEY SOLUTION Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via THE KEY SOLUTION* /Website’s Announcement Board (hereinafter referred to as an “MailChimp”). The revised version will be effective at the time THE KEY SOLUTION posts it on the Website / Mailchimp. In addition, if the revised version of this User Agreement includes a Substantial Change, *THE KEY SOLUTION will provide you with 30 days’ prior notice of such Substantial Change/s by an MailChimp or as per the Notification Preferences provided by You to *Name of the Developed App *. You are also advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in THE KEY SOLUTION Rules and Policies. For the purpose of this User Agreement, the term “Substantial Change” means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
b. By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by THE KEY SOLUTION Terms of Use and Privacy Policies as provided from time to time in the following hyperlinks:
i. THE KEY SOLUTION
ii. www.thekeysolution.in
5. MEMBERSHIP ELIGIBILITY
a. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not interact with other parties on the Website. As a minor if you wish to interact with other parties on the Website such interaction with other parties can and only should be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. THE KEY SOLUTION reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to THE KEY SOLUTION notice or if it is discovered that you are under the age of 18 years.
6. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
a. If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number 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. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to:
i. Always provide true, accurate, current and complete information about yourself as prompted by THE KEY SOLUTION registration form or provided by You as Guest User by the concerned entity using our services (such information being the “Registration Data”)
ii. You must not include any of your contact details such as email addresses etc. in your User ID while registering as Registered User; and
iii. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or THE KEY SOLUTION has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, THE KEY SOLUTION 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.
 
7. ELECTRONIC COMMUNICATIONS
a. When You use the Website or send emails or other data, information or communication to THE KEY SOLUTION , you agree and understand that You are communicating with THE KEY SOLUTION through electronic records and You consent to receive communications via electronic records from THE KEY SOLUTION periodically and as and when required. THE KEY SOLUTION will communicate with You by email or by an [email protected] or electronic records on THE KEY SOLUTION which will be deemed adequate service of notice / electronic record.
8. FEES AND SERVICES.
a. Membership on the App/Website is both free and paid and is optional as to have a free or a paid account. THE KEY SOLUTION does not charge any fee for browsing on the App/Website. In particular, THE KEY SOLUTION may at its sole discretion introduce new services and modify some or all of the existing services offered on the App/Website. In such an event THE KEY SOLUTION reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the policies shall be posted on the App/Website and such changes shall automatically become effective immediately after they are posted on the App/Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Key Disruptors Private Limited within such time as specified in the invoice. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Key Disruptors Private Limited. Your payment to Key Disruptors Private Limited with full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards payments under these invoices.
b. Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
c. Non payment: THE KEY SOLUTION reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the App/Website and refuse to provide you with access to the Website in case of non-payment of fees by you to THE KEY SOLUTION, www.thekeysolution.in also reserves the right to take legal action in case of non-payment of fees by you to THE KEY SOLUTION.
9. USE OF THE WEBSITE
a. You understand and agree that THE KEY SOLUTION and the Website merely provides hosting services to its Registered and Guest Users and persons browsing / visiting the Website. All services advertised / listed and the contents therein are advertised and listed by Registered and Guest Users and are third party generated contents. THE KEY SOLUTION neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. THE KEY SOLUTION has no control over the third party generated contents or its disbursement method or kind of usage thereto.
b. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
i. “Your Information” is defined as any information you provide to us or other users of the Website (“Users”) in the registration (as Registered User or as Guest User), in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
ii. Your Information (or any items listed): Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
iii. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or services that:
1. belongs to another person and to which You does not have any right to;
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;
3. Harm minors in any way;
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. violates any law for the time being in force;
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;
7. impersonate another person;
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, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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.
10. shall not be false, inaccurate or misleading;
11. 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.
12. 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
13. shall not link directly or indirectly to or include descriptions of items, goods or services that:
a. 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 Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
c. Solely to enable THE KEY SOLUTION to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. THE KEY SOLUTION will only use Your Information in accordance with the User Agreement and THE KEY SOLUTION's Privacy Policy.
d. In the event that any transaction or attempted transaction relating to any service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform THE KEY SOLUTION of the same. If you are a Registered User, you may contact THE KEY SOLUTION at the “Contact Us” link.
e. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any services being sold or purchased on the Website.
f. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, GST, Income Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of services. You shall not engage in any service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
g. From time to time, you shall be responsible for providing information relating to the services proposed to be sold, used or sought by any third part, agency or any other person. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the Service specifics of such items or services so as to mislead other Users in any manner.
h. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to THE KEY SOLUTION and incorporated by way of reference in this Agreement.
10. INTERMEDIARY
a. Platform for Communication of the APP/Website is only a platform where Users may meet and interact with one agency, seller, entities and another’s for their services. THE KEY SOLUTION is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
i. All commercial / contractual terms are offered by and agreed to between the parties alone. The commercial / contractual terms include without limitation price, payment methods, payment terms, date, period and mode of delivery related to services. THE KEY SOLUTION does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between the parties.
ii. THE KEY SOLUTION is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). THE KEY SOLUTION cannot and does not guarantee that the concerned Users will perform the services concluded on the Website. THE KEY SOLUTION shall not and is not required to mediate or resolve any dispute or disagreement between Users.
iii. THE KEY SOLUTION does not make any representation or Warranty as to the services proposed to be sold or offered to be sold or purchased on the Website. In particular, THE KEY SOLUTION does not implicitly or explicitly support or endorse the sale or purchase of any services on the Website. THE KEY SOLUTION accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
iv. THE KEY SOLUTION does not at any point of time during any transaction between the parties on Website come into or takes possession of any of the services offered by any User nor does it at any point gain title to or have any rights or claims over the services offered by the parties.
v. The Website is only a venue through which Users can reach a larger base to buy and sell services. THE KEY SOLUTION is only providing a platform for communication and it is agreed that the contract for sale of any of the services shall be a strictly bipartite contract between the parties or the Users THE KEY SOLUTION is not responsible for unsatisfactory or delayed performance of services or damages or delays.
vi. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
vii. You release and indemnify THE KEY SOLUTION/ and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, THE KEY SOLUTION cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe surfing when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
11. PRIVACY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in India that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way, please do not use the Website of THE KEY SOLUTION.
12. FEEDBACK
We encourage Users on the Website to provide feedback to each other after the services have been availed; this helps THE KEY SOLUTION to know what it is like to deal with its Users. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. THE KEY SOLUTION will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents and should not limit to or violate any laws or sections under the Indian Penal Code, 1860.
13. YOUR CONSENT
By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by THE KEY SOLUTION in accordance with THE KEY SOLUTION Privacy Policy.
14. LIMITATION OF LIABILITY
a. In no event shall THE KEY SOLUTION or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the App/Website, its services or this agreement (however arising, including negligence).
b. THE KEY SOLUTION 's liability in any circumstance is limited to the amount of fees, if any, paid by You to THE KEY SOLUTION, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App/Website or that the operation of the App/Website will be error free and/or uninterrupted. Consequently, THE KEY SOLUTION assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
i. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App/Website;
ii. Any interruption or errors in the operation of the App/Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if THE KEY SOLUTION has been advised of the possibility of such damages).
15. INDEMNITY
a. You shall indemnify and hold harmless THE KEY SOLUTION and (as applicable) THE KEY SOLUTION’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, *THE KEY SOLUTION Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
16. GENERAL
a. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You THE KEY SOLUTION and you shall have no authority to bind THE KEY SOLUTION in any manner whatsoever.
b. Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of THE KEY SOLUTION to Key Disruptors Private Limited, Attn: Grievance Officer, Legal Department, at at B-502 Sukh Sagar Apartments, Plot no. 12, Sector 9, Dwarka, New Delhi, 110075 (in the case of THE KEY SOLUTION *) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
c. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
d. This Agreement sets forth the entire understanding and agreement between You and THE KEY SOLUTION with respect to the subject matter hereof.
e. In THE KEY SOLUTION’s sole discretion, THE KEY SOLUTION may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that THE KEY SOLUTION assigns the Agreement on the same terms or terms that are no less advantageous to You.
17. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.
i. Niranjan Bhambi, [email protected]
18. ARBITRATION
If any dispute arises between You and THE KEY SOLUTION during your use of the App/Website thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by THE KEY SOLUTION. The place of arbitration shall be at New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
19. GOVERNING LAW
The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND 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.
BY USING THE KEY SOLUTION AT ANY GIVEN TIME YOU AGREE TO OUR TERMS AND CONDITIONS.

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