1.1. This User agreement is applicable to all, including Users who are also contributors of any content (including video), information and any materials or services on this Website.
1.3. In addition, when you use any current or future services of Koffii provided through this site, you will also be subject to the guidelines and conditions applicable to such service.
1.4. 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.
, which includes those terms expressly set out below and those incorporated by reference, before you may become a member/user of the site.
1.6 You agree to use this site and services provided by Koffii only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restrictions or inhibitions includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption to the normal flow of dialogue within this site.
In the event of any inconsistency between these Terms and the amended terms, the provisions of the amended terms shall prevail.
2. Use of the site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
2.1. Any information ("Information") you provide to us in the registration/order form, or verification process, in the feedback area or through any e-mail, is your sole responsibility.
2.2. Your Information shared and/or uploaded on the site by you shall not:
a: be false, inaccurate, fraudulent, defamatory, libelous, threatening, harassing or misleading;
b: infringe any third party's intellectual property, trade secret, other proprietary, publicity or privacy rights;
c: contain any viruses, or other similar computer program that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information; and
d: create a liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
2.3. You must comply with all applicable domestic and International Laws, Statutes, Ordinances and Regulations regarding your use of our service.
2.4. Koffii has the right to indefinitely suspend or terminate your membership/usage of any or all service without notice and refuse your access to the Site, if you provide or Koffii reasonably suspects that you have provided any information that is untrue, inaccurate, unauthorised, and illegal or for any other reason, at the sole discretion of Koffii.
2.5. By using this website, you represent and warrant that (a) you have legal capacity to enter into this user agreement i.e. you are at least 18 years of age or as explained in Membership clause below (b) your use of the website do not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are less than the applicable age as explained in Membership clause below, or for any other reason, at the sole discretion of the Koffii.
2.6. You shall use this website and its services only if it is allowed to be viewed/used in your country as per the applicable laws and regulations of your Country.
2.7. You shall use the website as permitted and solely for your personal and noncommercial purpose.
3. User Obligations
You agree to abide by and follow all applicable laws and regulations of your country when using this website. If your local law of the Country does not permit you to use the services of this site, you should immediately cease to use this site.
You agree not to communicate objectionable materials in any form or carry such materials on the website which is illegal, unauthorised or not permitted as per the applicable law. You agree not to use any product or service available on the Site to upload, publish, exchange, transfer, submit:
i. fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable materials,
ii any material that infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service
iii. Adult/sex related content or link to such sites
iv Explicit, vulgar or obscene language, sexually explicit images or other offensive content
v Content relating to racial, ethnic, political, hate-mongering or otherwise objectionable content
vi Content that you do not have a right to make available, under any law or under contractual or fiduciary relationships or under Intellectual Property Rights;
vii Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, promotes violence, is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
viii any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
ix content which violates any provisions of Information Technology Act, 2000, applicable local, state, national or international law
x any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
xi. Fraudulent investment, money-making opportunities or advice not permitted under law
xii Gratuitous violence or profanity material that defames, abuses, or threatens physical harm to others or to you
xiii. Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
Apart from the above mentioned contents, any content which Koffii, at its own discretion feels objectionable, may not be uploaded, published, submitted or transferred.
You agree, consent and acknowledge that Koffii may access, preserve and disclose your account information, any content or any other material if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms & Conditions; (c) respond to claims that any information, content or material violates the rights of third parties; (d) respond to the requests for customer service; or (e) protect the rights, property or personal safety of Koffii, its users and the public.
You agree to bear all the risks and/or losses suffered by your use of the content on the website as you may find the content on the website objectionable, obscene, offensive, indecent or inaccurate. We in our sole discretion will decide on the objectionability of the content and may remove or delete it in our sole discretion.
Koffii provides users with access to a rich collection of resources and information, including various games, community, forums, blogs, video, photos, chat and other services which may be accessed through various medium or device now known or hereafter developed (the "Service"). Koffii requires users to create an account/register for few features/services available on the website. Koffii also offers social networking services to its members through which they can get to know each other and establish shared relationships. When you register as a member, you accept the following terms and conditions:
i You agree that you have legal capacity to enter into this user agreement ie. you are at least 18 years of age or as explained in Membership clause below.
ii You agree that you are not barred from receiving services under the Indian laws, or other applicable jurisdiction, of your Country or any other Country
iii If you are accessing the services of this website from some other Country, you are advised to check the laws of your Country. Your use of this site should be subject to the laws of your Country. You are advised to immediately cease the use this site, if such use is not permitted under the laws of your Country.
iv When creating your account, you must provide true, current, accurate and complete information in the required form.
v You agree to maintain and promptly update the information provided at the time of registration.
vi You accept that your account may be suspended or terminated if, Koffii has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current or incomplete.
vii You are fully responsible for all activities that occur under your password or user name.
viii You are solely responsible for maintaining the confidentiality of your account login and password and for all the activities that occurs on your account. You must immediately notify Koffii of any breach of security or unauthorised use of your account. Under any circumstances, Koffii cannot and will not be liable for any losses or damages suffered by you from any unauthorised use of your account. You may be liable for the losses of Koffii or others due to such unauthorised use.
ix You are responsible for all payments, use of, or activity on a Service under your user ID
x You agree that Koffii reserves the right to publish any and all information provided as part of registration, except email address and password to authenticate the user, to facilitate social networking among its members.
xi You may never use another member's account without permission.
xii You agree to (a) immediately notify Koffii of any unauthorised use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session and (c) not to select or use a User Name of another member with the intent to impersonate that member. Koffii cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
xiii You agree to comply with all local rules regarding online conduct and acceptable Content.
Koffii reserves the right to terminate your membership and refuse to provide you with access to the Site if it discovers that you do not have the legal capacity to enter this user agreement, have registered with the services offered through this site, maliciously or in error or have registered by providing false information.
Users in between 16 and 18 years of age:
Users below 16 years of age:
Users agree and understand that the site is not intended for people under the age of 16 years. Koffii does not allow any user of less than 16 years of age to register or use any/all services provided by Koffii
Users acknowledge that Koffii reserves the right to charge membership fees and/or subscription fees for the services availed through the use of the website. Koffii also reserves the right to change the fees, with or without prior notice, from time to time at its discretion. User agrees and accepts that the fees are non-refundable under any circumstances.
Koffii provides various services to its users and or members through this website. Koffii currently offers games, community, forums, blogs, video, photos, chat and other services. Koffii may, in its sole discretion add or delete any offered service(s) from time to time.
6.1. Community, Blog, Forum and Chat Service Terms
Koffii provides users with access to a web platform including Community, Blogs, forums, chat, discussion boards etc. that allows users to "chat" or contribute content to blogs (web logs or online journals) which is used to transmit messages, interact and exchange views, videos, photos, etc with other user/member of the website.
Users must have the legal capacity to enter this user agreement as specifically stated above in “Membership clause” and to avail the Community services or exchange information as detailed above. User understands that by using such services, they may be exposed to objectionable matter, and shall not hold Koffii liable/responsible for any damage caused by such use.
User shall not use the Community, Blog, Forum and Chat Services for the purpose of advertising or marketing any business, product or service. User also agree not to upload post, transmit, exchange and or submit any material which is unauthorized, unlawful, illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or such content which, at the sole discretion of Koffii not suitable for uploading, exchange or submit. You may be held legally liable for such content.
Any content that you provide to a Blog and Chat Service enters an open, public forum, and is not confidential. Koffii does not administer or monitor the contents exchanged between the users. Thus, authentication of the materials uploaded and or transmitted is the responsibility and liability of the user and Koffii assumes no liability for any unauthorized information being exchanges, uploaded or transmitted.
You understand that while sharing any of your personal information, in services defined under this clause, such as your name, email address etc. it may be collected and used by other users/members. You should therefore be careful when deciding to share any of your personal information in services defined under this clause.
You understand and agree that you use the Community, Blog, Forum, Chat services and other services at your own risk and indemnify us against any liability, loss or damage resulting from the use of the Service. Though Koffii does not guarantee that it will monitor or administer the contents exchanged in Blog, Chat, Community, Forum and other services provided under this website, it reserves the right to monitor or moderate, such contents at any time, at its sole discretion.
Users also understand that Koffii may at its sole discretion, immediately suspend and or terminate any user/member from using any or all services, in case it believes that the user/member is using the services for illegal purposes or for any other purpose not authorised by us.
6.2 Videos and Photos
Koffii provides certain services that enable Users to upload, store, view, share and access to photo and video images. User agrees that each person if any depicted in such photos and video images, has provided consent to the use, distribute, publicly display and reproduce the photo or video images. You understand that the Photo or Video Album may be viewed, accessible, searchable and distributable by other web users, unless it is password protected.
You are advised to upload and share only those pictures, videos and content for which you have the copyright or you have the permission from the owner of the copyrighted material. You understand and agree that copyrighted material of any other person/party/entity, if uploaded without consent is a criminal offence and you will be liable for the legal implications of the same. You undertake to indemnify the website/Koffii for any loss that it may occur due to such an unwarranted act of yours.
Koffii reserves the right to impose restrictions from time to time on the amount of Photo or Video image files that you are entitled to store. You agree that the video files/photo uploaded, submitted, exchanged, transferred shall not include any materials/contents that are restricted under user obligations.
We in our sole discretion will decide on the objectionability of the content and may remove or delete it in our sole discretion.
7. Jurisdictional Restrictions on use of certain services
Use of certain services provided by Koffii is a matter of Regulation in many jurisdictions, thus, if you are residing in a jurisdiction which restricts the use of any services offered by Koffii, you may not use such services and immediately stop using the same. Users are thus advised to check and ensure that they have appropriate permission regarding the use of any or all services with the local government laws.
8. Prohibited and illegal use
You understand and agree that Pornography is prohibited on this site. Your profile or any other information, uploaded on this site must not contain any content including nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Koffii assumes no responsibility for any information provided by other users including any unauthorised, unlawful or prohibited information.
9. Commercial Purpose
The services provided on this website are for personal use of the users. Any commercial use of such services including Commercial advertisements, affiliate links, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is strictly prohibited, unless a prior permission is granted by Koffii. Any illegal or unauthorised use of the services may result in the immediate termination of your access or use of the Site and Koffii reserves the right to take appropriate legal action.
10. Posted and Transmitted Materials
Users represents that they have rights and title in all the materials (including but not limited to data, text, software, scripts, interactive features, music, sound, photographs, graphics, video, messages or any information, reviews, comments, feedback, suggestions, ideas,) uploaded, posted, submitted, transferred, exchanged on the website, and consequently, user warrants and represents that the user is the originator/copyright owner/permitted user of such material. User also represents that it has necessary right to grant licenses and sublicenses in all the materials thus uploaded, posted, submitted, transferred, exchanged on the website. User agrees to indemnify Koffii, or its trading partners, affiliates etc. in case of infringement of any IPR.
Users understand that all materials, thus transmitted to Koffii becomes the property of Koffii. By submitting the material on the website, users grants Koffii worldwide, royalty-free, irrevocable, sub-licensable, transferable and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content or to incorporate it in other works in any form, media, or technology presently in knowledge or developed at a later date.
Koffii does not have any control over the materials transmitted, exchanged, uploaded on the website by any user and thus, assumes no liability/responsibility for the content, accuracy, conformity to applicable laws of such materials.
Koffii is and shall be under no obligation (1) to maintain any materials in confidence; (2) to pay you any compensation for any materials; or (3) to respond to any materials.
Koffii reserves the right to monitor, edit or remove any materials submitted to the Site. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin or content of any materials you submit. You agree to indemnify Koffii and its affiliates for all claims resulting from any materials you submit.
11. Copyright & Trademark
All copyright and all other intellectual property rights in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to and owned by Koffii. Koffii, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, its own content and other materials, which appear on this Site and are the property of Koffii, its parent, affiliates and associates and are protected under applicable Indian laws. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Koffii or any third party's intellectual property rights. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Koffii.
All intellectual property rights, including copyright, trademark or other proprietary rights in this website are owned by or licensed to Koffii subject to copyright and other intellectual property rights under Indian laws and conventions. Any use of this website or its contents, including copying or storing it in whole or part is prohibited without the permission of Koffii. You shall not modify, distribute or re-post anything on this website for any purpose.
The data mining, extraction or utilization of product/service information from our website is not permitted without our express prior written permission. Though the information contained in the website may be used for non-commercial purpose, you are not authorized to copy, reproduce, publish or distribute any information from this website in whole or in part without the prior written permission from us.
12. Copyright Infringement
Koffii complies with all Intellectual Property Laws. It assumes no liability and or responsibility for any copyright infringement out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In case any material you claim to be owned by you, which has been uploaded, submitted or published on our website, please notify us. We shall take appropriate action on proper verification of your claim and endeavour to stop the further publication of the copyrighted material.
Please email all notices of copyright infringement at: firstname.lastname@example.org
13. Removal of inappropriate content and material:
Koffii reserves the right, in its sole discretion, to reject, remove or refuse to post any material (including any content, images, videos, messages in the forums) on the website, which it deems inappropriate or illegal. Koffii also expressly reserves the right to restrict, suspend or terminate the access to any or all part of the website for any user or remove the user profile with or without any reason, at any time, at its sole discretion. Forums provided by Koffii must not be misused by posting or transmitting or provoking racist comments, threatening messages or inappropriate languages.
14. Exclusive Ownership
You acknowledge and agree that Koffii retains the sole and exclusive rights including any and all IP rights, in the services and the website.
You shall inform Koffii if you see or witness any unauthorised possession or use of or access to the service and provide some kind of evidence. You also agree to assist Koffii in preventing any such misuse.
You agree and understand that nothing in this agreement intends to transfer to you any right either in any service, any copyright, patent, trade secret or other intellectual property rights. You agree that any unauthorised use of the IP rights is a violation of this user agreement as well as IP laws.
15. Site Security
You must not:
a: access any data not intended for your access or log onto a server or an account which you have no right to access;
b: attempt to probe, scan or test the vulnerability of our system or network or breach a security or authentication measure without proper authorization;
c: attempt to interfere with services of any other user, host or network, including, without limitation, by submitting a virus to the Site, overloading, "mail-bombing," "flooding," "spamming" or "crashing;"
d: send any unsolicited email, including promotions and/or any advertisement of products or services to our website or server; or
e: forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting. We may commence civil and/ or criminal action against you if you violate our system or network security.
Koffii will investigate such violations and may involve and cooperate with law enforcement authorities to prosecute users who cause or are part of any group causing such violations. You will not use any device, software, etc. to interfere or attempt to interfere with the proper working of this Site or any activity conducted on this Site.
You also agree to assist Koffii in any litigation or any other proceedings involved by Koffii with regard to your use of any services available on this website or by any other third party.
Koffii may modify, alter, suspend/cancel or discontinue any of the content, services or the terms and conditions provided on the website, at any time at its sole discretion, by posting revised terms and conditions on the website.
17. Third Party Sites / Links
The website may contain links to third party websites that are not owned or controlled by us and thus, have no control over and assumes no responsibility for the content, privacy policies of any third party websites. Any access to a third party website, referred in or linked to our Website, is at your own risk. You must take all protective measures to guard against viruses or other destructive elements. We always recommend that you read the privacy statement and/or terms and conditions of use of the third party website whenever interacting with any such third party website. Koffii will not be responsible for any loss that you may suffer due to your use.
Koffii assumes no liability/responsibility in any manner for the content provided by those external sites or providers or for the loss suffered due to your use of such services of the third party.
You agree that Koffii shall not be responsible or liable for any loss or damage caused as a result of any correspondence or business dealings between you and any advertiser or your participation in promotions of such advertisers found on the website or through the Service including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings or as the result of the presence of such advertisers on the website.
You hereby agree that Koffii shall not be held liable and/or identifiable for any loss or damage or consequential loss or consequential damage whether financial, mental or physical or otherwise caused to you or any third party due to the use thereof.
18. Electronic Communication
You consent to receive electronic communications for information, promotional and commercial purposes from us, our group companies and business associates and partners in the form of email, text messages and mailers or by notices posted on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Users agree that few of the service available through this website, may require advertisements or communications from Koffii, such as announcements, administrative messages or newsletter, however, you will always have the option to opt out of such services.
WHILE KOFFII TRIES HARD TO ENSURE THAT THE WEBSITE IS FUNCTIONING CORRECTLY AND IS AS ACCURATE AS POSSIBLE, THIS WILL NOT ALWAYS BE ACHIEVABLE AND THEREFORE THE FOLLOWING DISCLAIMER APPLIES.
THE SITE AND THE SERVICES INCLUDING BUT NOT LIMITED TO GAMES, COMMUNITY, FORUMS, BLOGS, VIDEO, PHOTOS, CHAT AND OTHER SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES AND IN AN “AS IS” CONDITION. YOU MUST BEAR THE RISKS ASSOCIATED WITH THE USE OF THE SITE. THE KOFFII, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED OF ANY KIND, REGARDING ANY MATTER PERTAINING TO ANY USE OF THE SERVICES.
THOUGH WE TRY AND COMPLY WITH ALL COMPLIANCE AND LEGAL REQUIREMENTS, YET IF PARTS OR INDIVIDUAL FORMULATIONS OF THIS TEXT DO NOT MEET THE CURRENT LEGAL REQUIREMENTS, THE CONTENT AND VALIDITY OF THE REST OF THE DOCUMENT WILL REMAIN UNAFFECTED. THROUGH THIS WEBSITE YOU ARE ABLE TO LINK TO OTHER WEBSITES OR AVAIL VARIOUS SERVICES. 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 ENDORSEMENT OF THE VIEWS EXPRESSED WITHIN THEM.
ANY INFORMATION, CONTENT OR MATERIALS EXCHANGED BETWEEN THE USERS THROUGH THIS WEBSITE IS THEIR PERSONAL OPINION AND SHOULD NOT BE TAKEN AS PROVIDED BY THE KOFFII. USERS AGREE THAT THEY RELY ON ANY INFORMATION EXCHANGED ON OUR WEBSITE, AT THEIR OWN DISCRETION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE SITE IS/ARE THE PERSONAL OPINION OF THE OTHER USER/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS SITE.
WE TAKE EVERY CARE AND PRECAUTION TO ENSURE THAT INFORMATION PUBLISHED ON THE WEBSITE IS ACCURATE WHEN POSTED AND REGULARLY UPDATED, BUT WE DO NOT GUARANTEE ITS ACCURACY AND TAKE NO RESPONSIBILITY, INCLUDING BUT NOT LIMITED TO, ANY LIABILITY FOR MISLEADING OR DEFAMATORY STATEMENTS, CONSEQUENCES OF ERRORS OR OMISSIONS, RELEVANCE, ACCURACY, COMPLETENESS OR QUALITY OF THE INFORMATION PROVIDED. WE BELIEVE THE CONTENTS TO BE TRUE AND ACCURATE AS AT THE DATE OF WRITING.
WE WILL NOT BE LIABLE FOR ANY MATERIAL OR NON-MATERIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE INFORMATION CONTAINED ON THIS SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN. WE RESERVE THE RIGHT TO CHANGE, ADD OR DELETE PARTS OF PAGES OR THE ENTIRE SITE OR REMOVE THE ENTIRE PUBLICATION TEMPORARILY OR PERMANENTLY, WITHOUT NOTICE. THE CONTENTS ARE FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE ADVICE. ACCORDINGLY, IT SHOULD NOT BE REGARDED AS BEING A COMPLETE AND AUTHORITATIVE SOURCE OF INFORMATION AND USERS ARE ADVISED TO CONFIRM THE DETAILS BEFORE ACTING ON ANYTHING CONTAINED HEREIN. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE, STRICTLY AT YOUR OWN RISK.
Koffii, its subsidiaries, its partners, its affiliates, directors, officers, employees, agents shall not be liable for any 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 Site, its services or this Terms and Conditions. Any typographical, clerical or other error or omission in the website is subject to correction without any liability on our part.
Under no circumstances will Koffii be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Koffii is not responsible for any content sent using and/or included in Koffii’s site/service by any third party. You expressly relieve Koffii, its subsidiaries, its partners, its affiliates, directors, officers, employees and agents from all losses or damages suffered or caused through your use of the website or services.
The Site and the services offered through this site are provided without any warranties or guarantees and in an “As Is” condition. Materials posted on the website are not administered, monitored or audited by Koffii, and therefore the accuracy, integrity or quality of such content cannot be guaranteed. Koffii, its subsidiaries, its partners, its affiliates, directors, officers, employees, agents makes no warranties, express or implied, as to the content, accuracy, adequacy, completeness, suitability, applicability, conformity and reliability of the content or any such material. Koffii, its subsidiaries, its partners, its affiliates, directors, officers, employees, agents does not represent, warrant or guarantee that the service will be uninterrupted, timely, secure, or error-free.
Koffii, its subsidiaries, its partners, its affiliates, directors, officers, employees, agents does not represent, warrants or guarantees that the quality of any services, information or other material obtained by you through the service will meet your expectations;
Koffii will not be responsible for any errors or omissions or for any results obtained from the use of content from other Internet sites or resources or for any technical problems you may experience with the third party website.
All users agree that they access and use this web site at their own risk. Any views expressed by third parties on the site are not necessarily shared by us, thus we accept no responsibility for such views. Koffii makes no warranty, express or implied, with regards to products or services obtained from the website nor does it accept liability for any resulting damage or loss.
Koffii does not warrant that the functionality of the website will be uninterrupted or error free or that any defect, whether reported or otherwise will be corrected. Koffii also do not warrant that the website and the servers that make the services available run in a virus free environment, though we take adequate care to do virus check.
You (the “Indemnifying Party”) agree to defend, indemnify and hold harmless Koffii, its affiliates, directors, officers, employees, and agents (the “Indemnified Party”) from and against any claim, suit, demand, loss, damage, expense (including reasonable Lawyers' fees and costs) or liability that may result from, arise out of or relate to:
a: any breaches of express representations, warranties or covenants in relation to the non-fulfilment of any of your obligations under this Agreement;
b: any claim against the Indemnified Party by a third party with a contractual relationship or in privity with the Indemnifying Party; and
c: arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
Failure on the part of Koffii to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This clause shall survive the expiry or termination of this User Agreement.
You will indemnify and hold harmless Koffii, its subsidiaries, its partners, its affiliates, directors, officers, employees, agents against all third party claims, demands and actions brought against Koffii which arises from or relates to the material submitted by you.
We respect users’ privacy and maintain confidentiality of the users’ personal data. If you do not wish that we should use your information in the manner listed above please inform us by email at email@example.com
24. Data Protection
We do not share, sell or rent your e-mail, postal address, or any other data we hold about you to any third party, unless a prior consent is obtained from you. We may however disclose your personal information to any governmental, administrative, regulatory or judicial authority as and when required under law, in cases where it is obligatory to do so.
We make good faith efforts to provide you access to your personal information upon request and to let you correct such data if it is inaccurate and amend it, when reasonably possible.
Further, Koffii can (and you authorize Koffii to) disclose your name, street address, city, state, zip code, country, phone number, email, and Koffii name to Intellectual Property right's owners, as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
27. Termination and Suspension
Koffii reserves the right to suspend your account for any reason, in its sole discretion, including, if it believes that you have breached any of the terms contained in this Agreement and consequent to which, Koffii issues a notice to your account contact, and that You have failed to take steps necessary to cure the breach within a reasonable time.
You may terminate this User Agreement, by discontinuing further use of this Site with or without cause provided that you meet with all the conditions set forth herein.
Koffii may immediately terminate this User Agreement at any time without prior notice, and deny you access to the Site with or without cause, including but not limited to infringing IP rights, engaging in unauthorised or illegal activities, any fraudulent transactions recorded or for any other reason, at the sole discretion of Koffii.
Koffii may also terminate your account if the laws at that time obligate it to do so. Such termination will be without any liability to Koffii. Any such termination of the User Agreement shall not cancel your obligation to pay for the service availed from the Site or affect any liability that may have already arisen under the User Agreement.
Koffii also reserves the right to cancel the user’s account that are dormant or has not been logged in for 6 months or more.
The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer, Warranties, Liability, Waiver, Applicable Law and Jurisdiction, and any other provision that by its terms survives termination of your use of the website or access to the Site.
Koffii shall not be liable in respect of any damage/loss caused/suffered by the termination of this User Agreement.
Such termination will be without any liability to Koffii. Any such termination of the User Agreement shall not cancel your obligation to pay for the service availed from the Site or affect any liability that may have already arisen under the User Agreement.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Koffii and you shall have no authority to bind Koffii in any manner, whatsoever.
29. Force Majeure
Koffii shall have no liability to you for any interruption or delay, to access the Site, or for any lack of service quality or availability irrespective of the cause, which are not under the control of Koffii.
The services may be unavailable during the routine maintenance or upgrades or as a result of the force majeure event.
You understand and agree that Koffii is dependant upon networks, internet service providers, and other third parties which are not under the control of Koffii.
You therefore agree that Koffii shall not be in breach of any of its obligations or held liable for any lack of service quality and the non-availability of the service or consequences arising there from.
30. Entire Agreement
If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part(s) thereof shall be stricken from this Agreement and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
31. Governing Law & Jurisdiction
The website, terms, any products & services offered & contents of this website shall be interpreted in accordance with laws of India.
The Venue for such arbitration shall be New Delhi, India and all proceedings shall be conducted in English language.
The dispute shall be decided by single Arbitrator. The award rendered by the Arbitrator / Arbitration shall be final, binding and conclusive and shall be subject to forced execution in any Court of competent jurisdiction.
32. Laloo ki Laadli
Koffii may through this site or through other sites or through offline marketing mediums may invite you to participate in the contest.
To participate in the contest, in addition to the terms and conditions of the website, you must also follow and abide by the below
mentioned terms and conditions. You agree not to participate in the contest if you do not agree to any of these terms:
33. Koffii Game Challenge Program Terms
- You must be at least 18 years of age and an Indian resident to participate in this contest.
- In order to participate in the contest, you are required to become a registered member with the Koffii website, unless you are already a registered member.
- The contest is not open for any of the employees of Koffii or its group companies. If at any time, it comes to the knowledge of Koffii, that an employee of Koffii or of its group company, has participated in the contest, it shall immediately disqualify the contestant from the contest.
- The contest will run for the period shown on the website. The participation to the contest is free.
- There shall be only first three prizes for the first three highest scorers of the contest.
- The contestant who achieves the maximum number of scores in the game during the contest term shall be declared the winner, subject to the fulfillment of these terms of contest and/or any other terms applied by Koffii.
- In case a tie, the winner among them would be randomly selected through the computer and the contestants shall have no right to object to the same.
- Contestants may be disqualified at any time at the sole discretion of Koffii. Koffii reserves the right to discontinue the contest without any reason, without incurring any liability on its part. Koffii reserves the right to monitor the Contest and may terminate your participation or make you ineligible if you violate any other terms of this agreement.
- The winner of the contest will be notified by email (as provided by him/her) on their registration form, and the winner needs to confirm about the postal address within 7 days of the receipt of the email. The winner will receive the prize within 6 weeks of the confirmation of the requisite details.
- Any rewards offered under such promotions are indicative only, and Koffii or its Partners offering the reward, reserve the right to withdraw the offer at any time.
- In case of non-availability of the offered prize, Koffii reserves the right to change and or offer any other products of equal or higher value as prize or gift.
- Koffii and the partner company offering the products as award, disclaim any/ all liability in relation to such product. Koffii and the partner company disclaims all warranty offered with such product, relating to its functionality, intended purpose, specification, or quality.
- Any prize/gift offered by Koffii is warranted by the Manufacturer. Koffii assumes no responsibility/liability with regard to any defect/fault in the prize/gift.
- The name and picture of winner will be displayed on Koffii’s contest page to which he/she will have no objections.
- The prize would be delivered to the winner, free of charge. In case, the prize is returned as "undeliverable" due to any reason whatsoever, it will be re-delivered to the winner but the delivery charges would be borne by the winner.
- Any eligibility condition to participate in game, or the winner, or a person eligible to win the reward, or any question regarding the fairness of the reward, will be decided by Koffii or by its authorized and appointed representatives constituting a panel. Any decision in relation to above will be made by Koffii, which shall be final and binding.
- Koffii may ask you to submit some personal information about you or your friends, including but not limited to, name, age, physical address, email ids, phone numbers, photographs etc., (hereafter ‘Information’) in order to participate in the contest/game or to be eligible for the reward. You agree that you are the owner of or have the necessary permission from respective owners and you have informed the owners of such Information, to submit or provide the information to Koffii. You permit Koffii to use such Reward Information in addition to use of Your Information, your Registration Data and Comments, for the purposes of future promotions, marketing activities by it or by its marketing partners, and associate / group companies.
- You agree that in relation to Information, you will not submit any information that is harvested information or is spam.
- You agree that by participating in any game, contest, reward or referral program, Koffii and you do not enter into any legally binding Contract. You Disclaim all you rights arising out of or in relation to such activity, and agree to indemnify and keep indemnified Koffii, its employees, Directors, associates, partners and customers from any loss arising out of any claim issued against Koffii, its employees, Directors, associates, partners and customers by you or any third party, in consequence of or due to your participation in such promotional activity, or reward or referral program.
- You must be a registered user of the website.
- You must be 18 years of age or above.
- To create a challenge, you must have played the game once, on which you want to create a challenge. The score made by you will be irrelevant for creating or participating in the game challenge.
- You can create or participate in as many Game challenges you like.
- You can invite other registered users of Koffii to participate in the game challenge created by you.
- While creating and inviting other members for participation, you stake a minimum number of Koffii beenz to be decided by you and every other member who participates in that Challenge has to put those many beenz in a common pool.
- When you create a challenge, it begins immediately and ends on completion of challenge period as selected by you from the options available at website. RD in its discretion may increase or decrease the challenge period.