TERMS AND CONDITIONS

Kira9 EduMedia Pvt Ltd. (hereinafter referred to as Kira9) and its various Website/s function as Education and Career Platforms for aspiring students, and our user base includes, without being limited to, Readers, Students, Contributors, Authors, Job Seekers, Recruiters, Advertisers, Instructors, Experts, etc.

 

The use of any Kira9 Website is subject to the following Terms of Use which set out the rules for how we run the Website/s and we advise all users of the Kira9 Website/s to read them. By using any Kira9 Website/s You acknowledge that You have read and You agree to be bound by and comply with these Terms of Use.

 

We reserve the right to change the content of this Website, including these Terms of Use at any time, without notice, by posting such changes on the Website. We would advise all users of the Kira9 Website/s to familiarize themselves with the Terms of Use regularly to ensure that they are aware of any changes. Use of the Website/s after a change has been posted will signify the users’ acceptance of the modified Terms of Use. 

 

We also reserve the sole right to either modify or discontinue any of the Kira9 Website/s, including any of the Website/s features, at any time, with or without giving notice to users. We will not be liable to any user or any third party, should we exercise such right. Any new features that are added or which enhance the current services on Kira9 Website/s shall also be subject to these Terms of Use. If You do not accept these Terms of Use, please do not use this Website.

 

REGISTRATION & USER CONTENT

When You register with any of our Kira9 Website/s, You will be asked to provide the Company with certain information including, without limitation, a valid email address and / or a valid phone number (Your "Information"). In addition to the Terms of Use and any Privacy Policy applicable to the Kira9 Website/s, You understand and agree that KiRs9 may disclose to third parties, on an anonymous basis, certain aggregate information contained in Your registration application. However, Kira9 will not disclose to any third party Your name, address, e-mail address or telephone number without Your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. For further clarification kindly refer to the Kira9 Privacy Policy.

 

We make various services available on the Kira9 Website/s including, but not limited to, providing Educational Content and allied services such as training, counselling and providing information related to job candidates, recruitments, and other related services. You are responsible for sourcing, at Your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

 

The Company also reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter; such offers may be made by the Company or by third parties.

 

CONDUCT ON SITE

Users shall not use this Kira9 Website/s in order to host, display, upload, modify, publish, transmit, update, distribute, share or store material,

1. in violation of any applicable law or regulation,
2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
3. that belongs to another person and to which the user does not have any right ,
4. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
5. that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
6. that harms minors in any way,
7. that deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
8. that impersonates another person or entity, including any of our employees or representatives;
9. that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
10. that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
11. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Kira9’s computer systems or Kira9’s users, customer’s computer systems or Kira9 Website/s,
12. that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

 

Users are also prohibited from violating or attempting to violate the security of the Website/s, including, but not limited to the following activities:

1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Kira9 Website/s, overloading, "flooding", "spamming", "mail bombing" or "crashing"; or
4. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

The job posting, resume database and other features of our Website/s may be used only by individuals seeking employment and/or career information and by employers seeking to hire employees. In addition, the Website/s may be used by individuals for permitted professional and personal networking purposes.

 

From time to time our Website/s may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Kira9 neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Website/s. Kira9 generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through any of our Website/s. However, Kira9 and its associates have the right at their sole discretion to remove any content that, in their judgment, does not comply with these Terms of Use and any other rules of user conduct on our Website/s, or is otherwise harmful, objectionable, or inaccurate. Kira9 is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Kira9 arising out of such removal of content. 

 

In addition, You may not use Your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website/s may be available to You or other authorized users of the Website/s. You shall not interfere with anyone else’s use and enjoyment of the Website/s or other similar services. Users who violate systems or network security may incur criminal or civil liability.

 

SECURITY AND PASSWORD

You are solely responsible for maintaining the confidentiality of Your password and account and for any and all statements made and acts or omissions that occur through the use of Your password and account. Therefore, You must take steps to ensure that others do not gain access to Your password and account. Our personnel will never ask You for Your password. You may not transfer or share Your account with anyone, and we reserve the right to immediately terminate Your account if You do transfer or share Your account.

 

PARTICIPATION IN PROMOTIONS

From time to time, this Website/s may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website/s. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

EMAIL, MESSAGING, BLOGGING AND CHAT SERVICES

We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our Kira9 Website/s, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between You and us that, except where expressly noted or contradictory, includes these Terms.

 

We will not inspect or disclose the contents of any private Communications occurring between the Users of the Kira9 Website/s except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under any applicable law or by court or Governmental order. Further information is available in our Privacy Policy.

 

Any exchange between a recruiter and potential candidate, or any two users of the Kira9 platform shall be at their own discretion. It shall be deemed to be a private communication and therefore, shall not be looked into by Kira9. Kira9 and its Website/s are a mere platform for Readers, Students, Contributors, Authors, Job Seekers, Recruiters, Universities, Experts and Instructors to get connected.

 

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

 

Mailboxes may have a limited storage capacity. If You exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

 

PAYMENTS & REFUNDS

You may choose to avail of any services on the Kira9 Website/s which are available on a payment basis (“Paid Services”), including but not limited to, viewing learning content, engaging in communication with other users and accessing certain content on the Kira9 website. In such event, You agree to pay Kira9 for all such Paid Sevices availed by you, in accordance with the pricing terms set by Kira9.

You may be asked to provide customary billing information, such as name, billing address and credit or debit card information, either to the Kira9 Website/s or its third party payment processor. You agree to pay Kira9 for any Paid Services availed by one of the methods described on the Kira9 Website. You hereby authorize the collection of such amounts by charging the credit or debit card provided as part of requesting the Paid Services, whether charged directly by Kira9 or indirectly, via a third party online payment processor or by any other payment method described on the Kira9 Website/s.

Kira9 will not be held liable to provide You a refund in respect of any payment made by You for availing any Paid Services on Kira Website/s. Any requests for refund from You will be judged by Kira9 at its sole discretion.

 

INTERNATIONAL USE

Although the Kira9 Website/s may be accessible worldwide, we make no representation that materials on Kira9 Website/s are appropriate or available for use in locations outside India, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our Website/s from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Kira9 Website/s is void where prohibited.

 

MOBILE PHONE USE AND ACCESS

Please note that all the terms mentioned herewith shall apply even if Kira9 or any of its Website/s are accessed through Your Mobile Phones. Any issues regarding the data charges that may apply in such a case, shall be between You and Your Mobile Service Provider only. Kira9 shall not be held party in such an event. Neither shall Kira9 be held responsible in the situation that any virus that inflicts Your mobile phone while accessing any of our Website/s.

 

NON-DISCLOSURE/CONFIDENTIALITY

Subject to our Privacy Policy, any communication or material that You transmit to any Kira9 Website/s, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While You retain all rights in such communications or material, You grant Kira9 and its agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

 

Kira9 limits access to personal information about You to employees who we believe reasonably need to come into contact with that information to provide products or services to You or in order to do their jobs.

 

Kira9 has physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect personal information about You. Kira9 seeks to ensure compliance with the requirements of the Information Technology Act, 2000 and Rules made thereunder to ensure the protection and preservation of Your privacy.

 

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. Kira9 shall also be unable to accept Your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

 

INTELLECTUAL PROPERTY RIGHTS

• The contents of the Kira9 Website/s, such as stories, essays, posts, designs, text, graphics, images, videos, information, logos, button icons, software, audio files and other Kira9 content (collectively, "Kira9 Content"), are protected under Indian copyright, trademark and other laws. All Kira9 content is the property of Kira9 or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Kira9 Website is the exclusive property of Kira9 and is protected under Indian copyright, trademark, and other laws. Unauthorized use of the Kira9 Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original Kira9 Content on any authorized copy You make of the Kira9 Content. You may not sell or modify the Kira9 Content or reproduce, display, publicly perform, distribute, or otherwise use the Kira9 Content in any way for any public or commercial purpose, in connection with products or services that are not those of Kira9, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Kira9's intellectual property rights.
• Kira9 Website/s also hosts data and content posted by third parties. The content posted by Third Parties is not necessarily an intellectual property of Kira9. Any use, copy, or modification of such content shall require express authorization from such Parties. In case said content violates the rights or infringes the intellectual property rights of any user, then they should send written request to Kira9 to remove such content. However, Kira9 shall not be liable for any such third party content and any copyright or other infringement resulting thereof.
• Any code that Kira9 creates to generate or display any Kira9 Content or the pages making up the Kira9 Website/s is also protected by Kira9's copyright and You may not copy or adapt such code.
• You agree to assign all the rights pertaining to the Content created by You and posted on the Kira9 portal. You further agree that the Content posted by You can be used by Kira9without any restrictions.
• You shall not post any plagiarized content on any of the Kira9 Website/s. In case of such an occurrence, it shall be solely Your liability. Kira9 shall not own any rights to the plagiarized content and therefore, shall not be held responsible for any such event. Kira9 does not support plagiarism in any form. In case any such instance of plagiarism comes to Your notice, please contact us at the address given below.
• Kira9 does not hold any rights to any embedded videos/Youtube links found on its Website/s. Any such content shall be the property of the user/platform that has uploaded it and therefore, Kira9 shall not be liable for it.
• You may not use any of the Kira9 Content on any other website or in a networked computer environment (including, without limitation, by uploading or republishing Kira9 Content on any Internet, Intranet or Extranet site or incorporating the Kira9 Content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any Kira9 Content or the pages making up any Kira9 Website/s which is also protected by the Kira9 copyright.

 

AND/OR

 

You may not reuse or reprint any Content available on the Kira9 Website/s, without giving credit to Kira9, and nor shall You claim such content as Your own. Further, Kira9 does not permit anyone to modify the Content available on its Website/s.

 

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

 

We respect the intellectual property of others, and we request You to do the same. If You or any user of this Kira9 Website/s believes its copyright, trademark or other property rights have been infringed by a posting on any of the Kira9 Website/s, You or the user should send notification to our Designated Agent immediately at the address given below:

 

Contact: Ankit Doshi, Kira9 Edumedia Pvt. Ltd.

Address: 310, Apeejay House, Bombay Samachar Marg, Fort, Mumbai – 400023

Phone: 9321346317

 

LIABILITY & INDEMNITY

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, We do not provide or make any representation as to the quality, factual correctness or nature of any of the third party Content, Data or Information available on Our Kira9 Website/s or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable Content, or learning material, product or service, under the terms agreed to by the provider.

 

You agree to defend, indemnify, and hold harmless Kira9, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to the Website, (ii) Your use of any Kira9 Content, or (iii) Your breach of these Terms. We shall provide notice to You promptly of any such claim, suit, or proceeding.

 

TERMINATION OF USE

You agree that we may, in our sole discretion, terminate or suspend Your access to all or part of any of our Website/s with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons therefore, Your right to use the services available on the Website/s immediately ceases, and You acknowledge and agree that we may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Website/s. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

These Terms of Use will remain in full force and effect while You are a User of the Kira9 Website/s at any level. Kira9 reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your User Content from its Website/s and immediate termination of Your registration with or ability to access the Website and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to Kira9 Website/s. Even after You are no longer a User of Kira9 or the Kira9 Website/s, certain provisions of these Terms of Use will remain in effect.

 

DISCLAIMER

The Company does not warrant that our Website will operate error-free or that the Website and its servers are free of computer viruses or other harmful mechanisms. If Your use of the Website or its content, through Your computer or mobile phone, results in the need for servicing or replacing equipment or data, Kira9 shall not be responsible for those costs. All the information and content related to Employers, Candidates, Recruiters, etc. are provided on an "as is" basis without any warranties or guarantees of any kind. Kira9 takes no responsibility for the same and to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of fitness for particular purpose and non-infringement. Kira9 makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.

 

To the fullest extent possible by law, in no event shall Kira9, its content providers, or any third parties mentioned on the Kira9 Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use our WebSite/s or Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Kira9 is advised of the possibility of such damages.

Content available through the Website/s often represents the opinions and judgments of an information provider, Website user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Kira9 spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Website/s for further information, which policies are incorporated by reference into these Terms of Use.

GOVERNING LAW

All the Kira9 Website/s are controlled by us from our offices within Mumbai, Maharashtra, India. They can be accessed from all Indian states, as well as from other countries around the world. As each of these places has laws that may differ from those of Mumbai, Maharashtra, India, by accessing the Website/s both of us agree that the statutes and laws of the State of Mumbai, Maharashtra, India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Kira9 Website/s and the purchase of products and services available through Kira9 Website/s.

 

All disputes arising through these Terms shall be governed by the Laws of India. The Courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under this agreement.

Kira9 reserves the right to remove any job posting or content from the Kira9 Website/s, which in the reasonable exercise of Kira9’s discretion, does not comply with the above Terms, or if any content is posted that Kira9 believes is not in the best interest of Kira9.

 

NOTICES

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at editor@Kira9.com, if by email, or at KiRa Edumedia Private Limited, 310, Apeejay House, Bombay Samachar Marg, Fort, Mumbai – 400023, if by conventional mail. Notices to You may be sent to the address supplied by You as part of Your Registration Data. In addition, we may broadcast notices or messages through the Website/s to inform You of changes to the Website/s or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.

 

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by You and us. To the extent that anything in or associated with the Website/s is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

MISCELLANEOUS

You may not assign Your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Kira9 Website/s, or use of or access to the Website/s. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through Kira9 Website/s arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.