1.
1.1
1.2
1.3
1.4
2.1
2.2
2.3
3.1
3.2
3.3
4.
4.1.
4.2
4.2.1
4.2.2
4.3
4.4
4.5
5.
5.1
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
5.1.8
5.1.9
5.2
7.
7.1
7.1
7.3
8.
8.1
8.2
9.
9.1
9.2
10.
11.
11.1
11.2
11.3
11.3.1
11.3.2
11.3.3
11.3.4
11.4
11.5
11.6
11.7
11.8
11.9
12.
12.1
12.2
12.3
12.3.1
12.3.2
12.3.3
12.3.4
12.3.5
12.3.6
12.3.7
12.4
12.5
12.6
13.
14.
15.
16.
17.
17.1
17.2
17.3
17.4
17.5
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USE OF THE WEBSITE
Please read the Terms carefully before using the Website. The Terms form the agreement between you and us and govern your use of the Website.
By using the Website and/or by registering with us, you signify your agreement to be bound by the Terms. If you do not agree to accept the Terms, you should not use the Website or register to use any of the services available through the Website.
We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website after such changes are posted will be deemed agreement on your part to these Terms, as amended.
The Karadi Tales Company is concerned about the safety and privacy of all our users. It is your responsibility to determine whether any use of the Website and/or the Registered Services are appropriate for the intended audience.
2. INTELLECTUAL PROPERTY RIGHTS
Copyright and all intellectual property rights in the content of the Website are either owned by or are licensed to The Karadi Tales Company and/or members of the The Karadi Tales Company and Karadi Path Education Company and are protected by such rights including, without limitation, by copyright and under trade mark laws. Except as specifically provided in Clause 2.3, no part of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed, in any form, and/or for any other purpose. Use of the Website content for any other purposes other than as allowed in these Terms and any modification, alteration or adaptation of the content is an infringement of intellectual property rights of The Karadi Tales Company or other members of the The Karadi Tales Company and Karadi Path Education Company and may infringe the rights of third parties.
No part of the Website may be reproduced on or stored in any other website or networked computer environment or included in any public or private electronic retrieval system or service without The Karadi Tales Company’s prior written permission.
Under no circumstances shall the use of this Website or the Software grant to any user any interest in the content of the Website, the Software or in any intellectual property rights of The Karadi Tales Company or members of the The Karadi Tales Company and Karadi Path Education Company whatsoever.
3. ACCESS TO THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to our Website.
Access to the Website is permitted on a temporary basis. We reserve the right to terminate your access to the Website or any part of it or to withdraw any of our services at any time, without notice, for any reason (including, without limitation, any breach of these Terms). From time to time, we may restrict access to some parts of our Website, or to our entire Website and/or to users who have registered with us
While The Karadi Tales Company endeavours to ensure that the Website is normally available 24 hours a day, The Karadi Tales Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
USER CONTRIBUTIONS
Any communications or contributions which we receive from you (including without limitation all data, text, software, music, sound, photographs, graphics, video, messages or other material) whether privately transmitted or publicly posted on this Website and/or received in connection with the Website via post or e-mail or any other method (“User Material”) will be deemed non-confidential and non-proprietary and we reserve the right to use User Material for any purpose whatsoever (including for publication in our online and offline publications where we consider this appropriate). You grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, display and exercise all intellectual property rights and publicity rights with respect to such User Material worldwide and/or to incorporate User Material generated by you in other works in any media now known or later developed for the full term of any rights that may exist in the content of User Material, subject to the privacy restrictions set out in our Privacy Policy. If you do not wish to grant such rights to The Karadi Tales Company, please do not submit any User Material to us.
By submitting any User Material, you:
warrant that such User Material is your own original work and that you have the right to make it available to us for all the purposes specified above and that you have the right to grant the licences set out in Clause 4.1; and
agree to waive any moral rights in your User Material.
Under no circumstances should you submit any User Material which is defamatory, abusive, obscene, inflammatory, of a racist, sexist or other discriminatory nature, in breach of confidence or privacy or which is otherwise unlawful or offensive, or which in our opinion could cause offence to any person or damage the reputation of The Karadi Tales Company. You must not use any abusive or aggressive language, swear, threaten, harass or abuse any other person, including other users.
Any User Material submitted to us is submitted on the basis that we may review and edit such User Material prior to publication however we shall not be obliged to do so. We reserve the right to remove any User Material or part thereof published on the Website at any time and for any reason at our absolute discretion without notification to you.
The Karadi Tales Company shall fully co-operate with any law enforcement authorities or court order requesting or directing The Karadi Tales Company to disclose the identity or locate anyone posting any material which is in breach of these Terms or is unlawful.
USER CONDUCT
You agree not to:
use or attempt to use another’s registered account or details without authorisation from The Karadi Tales Company;
create or use a false identity on the Website;
attempt to probe, scan or test the vulnerability of the Website or any The Karadi Tales Company system or network or breach or impair or circumvent any security or authentication measures protecting the Website;
use the Website in any unlawful manner or in any manner which could damage, impair, disable or overburden the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
violate any applicable national or international laws or regulations in connection with your use of the Website or related activities;
use the Website in any manner not permitted by these Terms; or
encourage or instruct any other person to do any of the foregoing.
If you become aware of misuse of the Website by any person or any breach of these Terms, please contact our Website administrator.
MISUSE OF THE WEBSITE
You must not, nor must you allow any other person, to alter, add to, delete, remove or tamper with this Website or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Website. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website including without limitation via a denial-of-service attack or a distributed denial-of service attack.
By breaching clause 8.1, you could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and use our Website will cease immediately.
We will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading any material posted on it, or accessing and/or using any website linked to the Website. We recommend that you take measures to protect the security of your computer including installing anti-virus software on to your computer.
INFORMATION ON THE WEBSITE
Any material posted on our Website is provided on an “as is” basis. It is not intended to amount to advice. We shall have no liability to you or anyone who may be informed of the contents of our Website in the event any party places reliance on any content or other materials on or available via our Website.
Whilst we reserve the right to change the content of the Website at any time (including amending or withdrawing the Registered Services), material on the Website may be out of date from time to time and we are under no obligation to update such material.
LINKS
This Website contains links to other websites which we consider may be of interest or helpful to you. These links are provided for your convenience only and The Karadi Tales Company has no control over nor is in any way responsible for the content or availability of such websites. The Karadi Tales Company therefore does not endorse or make any representations about them, or any material found thereon, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
You may not link to this Website from any other website without our express written authorisation. Permission for such linking may be requested by sending your name, address, website URL and details of the nature of the website to contact@karaditales.com.
ADVERTISERS
The Karadi Tales Company shall not be liable to you in respect of any goods or services that are advertised or promoted on the Website by any other suppliers and you should make your own inquiries to ensure that the goods and services offered by those suppliers are suitable for your purposes, are (as the case may be) of satisfactory quality or provided with reasonable skill and care and that you have read and agree to any terms of business under which those goods and services are supplied.
PROMOTION RULES
Each promotion is subject to additional terms and conditions which will be featured on the relevant sections on this Website. If the additional terms and conditions conflict in any way with the rules stated in this Clause 12, the additional terms and conditions shall prevail. By participating in any promotion, you are deemed to have read and understood the provisions of this Clause 12 and be bound by these rules, together with the specific directions or terms and conditions applicable to the relevant promotion and any terms and conditions of any relevant third party featured on the relevant sections on this Website.
Any person who is an employee of The Karadi Tales Company or a relative or member of an employee’s household or any company connected with the promotion or any of their associated companies are not eligible to participate.
All decisions of The Karadi Tales Company and/or the relevant judges will be final and binding and no correspondence will be entered into. The Karadi Tales Company reserves the right in its reasonable discretion to:
disqualify any entrant whose conduct is contrary to the spirit of the promotion or who The Karadi Tales Company considers has used improper means (including technical means) to enter and to declare any or all claims or entries based on such conduct as void;
declare void any claims or entries resulting from any publication errors on this Website or where there has been error(s) in any aspect of the preparation for or conduct of the promotion which materially affect the results of the promotion or the number of claimants or the value of claims;
add to or to waive any promotional rules on reasonable notice; and/or
cancel the promotion or any part of it at any stage in the event of circumstances beyond The Karadi Tales Company’s reasonable control.
All entries or answers must be received by The Karadi Tales Company by the closing date specified in the relevant promotion. The Karadi Tales Company shall take no responsibility for any entries that are illegible, misdirected, lost for technical or other reasons or received after the closing date. No applications will be accepted by agents, in bulk or from third parties.
Gifts, prizes and other promotional items may not be exchanged, transferred or re-sold and are subject to availability. No cash alternative will be offered. If for any reason an advertised gift, prize or promotional item is unavailable, The Karadi Tales Company reserves the right in its absolute discretion to substitute a similar gift, prize or promotional item of equivalent or greater value. Only one prize will be awarded per household.
Failure to claim a gift, prize or promotional item by the time or in the manner specified for that particular promotion will make any claim invalid.
Publicity may be given to promotion winners and winners’ names and images may be published on the Website or other advertising or publicity material published and distributed by or on behalf of The Karadi Tales Company. Winners must co-operate fully for publicity purposes if so required.
Entrants are liable for their costs to access telephone, mobile or computer networks.
Where gifts, prizes or promotional items are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such provider and comply with any third party terms and conditions. The Karadi Tales Company accepts no liability for any promotion by a third party and such third party is responsible for the fulfilment of its promotion.
LIMITATION OF LIABILITY AND DISCLAIMER
The Karadi Tales Company is providing the Website on an “as is” basis and to the fullest extent permissible by law makes no (and expressly excludes all) guarantees, representations (except for fraudulent misrepresentation) or warranties of any kind (express or implied) with respect to the Website and its contents or any websites to which it is linked including, without limitation, warranties as to quality and fitness for purpose.
The Karadi Tales Company does not represent or warrant that the information accessible via the Website is accurate, complete, reliable or current nor that the Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements.
Except as specifically set out in these Terms, to the fullest extent permissible by law, neither The Karadi Tales Company nor any of its affiliates, directors, employees or other representatives will be liable (whether under contract, tort, statute or otherwise howsoever arising) for any of the following losses or damage (whether such losses were foreseeable or not):
losses suffered by third parties;
loss of data;
loss of profit;
loss of revenue;
loss of business or opportunity;
loss of goodwill; or
any indirect, consequential, special or exemplary damages arising from the use of the Website, inability to use the Website, the results of use of the Website, any Website linked to it or any material contained in the Website.
The losses listed in this clause are intended to be severable.
Without prejudice to the generality of clause 13.3, The Karadi Tales Company’s total liability to you shall not exceed the amount paid by you.
Nothing in these Terms shall exclude or limit The Karadi Tales Company’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any liability which cannot be excluded or limited by law.
INDEMNITY
You agree to on demand indemnify and keep fully indemnified The Karadi Tales Company against all claims, liabilities, costs, damages or losses we may suffer or incur (including without limitation any legal fees) arising out of or in connection with any breach by you of your obligations under these terms.
JURISDICTION
These Terms and your use of the Website (including any services provided through it) shall be governed by and construed in accordance with the laws of the land - India. By using the Website, you accept that any dispute under these Terms or arising out of the use of the Website shall be subject to the exclusive jurisdiction of the Indian courts to which you submit.
TERMS OF SALE
The Karadi Tales Company’s Terms of Sale for books and tickets are incorporated into and form part of these Terms. Contracts for the supply of goods and services formed on our Website are governed by the relevant Terms of Sale.
PRIVACY POLICY
Our Privacy Policy is incorporated into and forms part of these Terms. We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
GENERAL
All disclaimers as set out in the Website, these Terms (including those set out in the Terms of Sale and the Privacy Policy) shall apply to you to the extent allowed by applicable law.
If for any reason any part of these Terms is deemed to be unenforceable, then that part of the Terms will be severed and this will not affect the validity or enforceability of the remaining terms.
Any waiver by The Karadi Tales Company of a breach of any provision of these Terms shall not be deemed to be a waiver of any subsequent breach of any provision.
A person who is not a party to these Terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
These Terms constitute the entire agreement between you and The Karadi Tales Company and govern your use of the Website and supersede any prior agreements between you and The Karadi Tales Company in relation to the Website. You may also be subject to additional terms and conditions that may apply when you participate in any promotions through the Website or use any affiliate services, third party content or third party software. |
