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Terms & Conditions

Terms and Conditions

These Terms and Conditions (“Terms”, “Agreement”) are an Agreement between the website hosted at domain www.kuchkuch.com of KuchKuch (“KuchKuch”, “we” or “us”) and you (together with any person helping you visit, access, register with or use any of those online or digital properties, product or services, "User", "you" or "your"). This Agreement sets forth the general Terms and Conditions of our relationship and for your use of the KuchKuch website (the “Site” or “Website”) and any of its products or services (Collectively, “Services”). Please read this Agreement carefully before accessing or using the Site, or the Services because it constitutes a legally binding contract between you and KuchKuch that applies to the Site and the Services.

Purpose

KuchKuch is an unique, innovative and interactive community website for the Indian residents living around the world. KuchKuch.com is a technology platform, which provides Users (which may include you) with online or digital marketplaces for the offer, sale, purchase, marketing and provision of various products and services among those Users, whether as a Consumer or a Provider. KuchKuch provides information about local events, restaurants, entertainment, computer training, travel information, jobs, fashions and many more. KuchKuch rated as one of the best websites for Indians living in the USA. KuchKuch.com is the one stop supply for discovering all the desires of the desi community, locally. KuchKuch.com was created with the heartfelt wishes of every desi in mind.

ADVERTISE:

If you would advertise your products or services to our Users or community visitors on KuchKuch website then you can do so at reasonable rates. We will help to customize your ad based on your needs and budget.

Definitions

  1. User means that the person(s) who visit/use the Site. Users of the Site are referred to herein as “Consumer(s)” and “Provider(s)”.

  1. “Consumer(s)” are those Users (or Registered Users) of the Site who search for, purchase and/or use any products or services offered by Providers on or through the Site.

  1. “Provider(s)” are those Users (or Registered Users) of the Site who offer, sell, market and/or provide any products or services to Consumers on or through the Site.

  1. "Company" means KUCHKUCH portal or website which is owned and operated by Samjose Infotech Incorporation duly incorporated in the state of Maryland, and KuchKuch provides services/information to fulfill and satisfy the requirement of many different desires of a common Indian living in the USA.

  1. "Content" means any material or data uploaded or displayed on the KuchKuch website.

  1. "Website/Network" means the Company's portal at domain address www.kuchkuch.com including redirection to any other domain for providing Services under this Agreement.

  1. "Material Breach" means a violation of any Terms and Conditions of this Agreement by the Users.

  1. "Billing Period" means the period for which you agree to prepay fees under an Order Form.

  1. "Subscription Term" means the initial term of your subscription to the applicable Subscription Service, as specified in your Order Form(s), and each subsequent renewal term (if any).

YOUR USE OF THIS SITE, SERVICES, AND ANY OR ALL OF THEIR FEATURES IS EXPRESSLY CONDITIONED UPON YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT AND COMPLIANCE WITH THESE TERMS AND CONDITIONS. DO NOT USE THIS SITE, SERVICES, AND ANY OR ALL OF THEIR FEATURES IF YOU DO NOT UNCONDITIONALLY AGREE TO THESE TERMS AND CONDITIONS. USE OF THIS SITE, SERVICES, AND ANY OR ALL OF THEIR FEATURES, IN ANY FASHION, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS LISTINGS OR CONTENT SHALL BE DEEMED AS UNCONDITIONAL ACCEPTANCE AND AGREEMENT WITH THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE, SERVICES, AND ANY OR ALL OF THEIR FEATURES, IN ANY FASHION, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS LISTINGS OR CONTENT SHALL BE DEEMED AS AN ADMISSION THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND FULLY AND UNCONDITIONALLY UNDERSTAND AND AGREE TO THEM.

THESE TERMS AND CONDITIONS APPLY TO YOU, WHETHER YOU ARE AN INDIVIDUAL OR AN ENTITY ACTING BY OR THROUGH YOU AS ITS AUTHORIZED REPRESENTATIVE, OR WHETHER YOU REPRESENT, ACT OR PURPORT TO REPRESENT OR ACT FOR ON BEHALF OF ANOTHER PERSON OR ENTITY, OR YOURSELF ALONE. THESE TERMS AND CONDITIONS APPLY TO YOU IN WHATEVER CAPACITY IN WHICH YOU USE THIS SITE, INCLUDING BUT NOT LIMITED TO ESTATES, COMPANIES, OR INDIVIDUALS.

Your Use of KUCHKUCH Website and Services

KuchKuch is an internet platform that facilitates communications for the purposes of advertising and distributing information pertaining business listings, classified ads, event postings, entertainment listings, personal profiles, matrimonial alliances, content, and media postings, and local area information. You understand and agree that as a result, KuchKuch is not involved and does not participate in the various transactions between buyers and sellers happening within or outside the portal of KuchKuch. Nonetheless, anything contained herein, does not limit KuchKuch to have transactions with Users of the website for the purposes of classifieds, sponsored listings, advertisements, promotions and anything else of similar nature.

This section covers the terms under which various KuchKuch services, including, but not limited to, link forwarding services, event information, and any information available on KuchKuch, are made available to you.

You agree that:

  1. KuchKuch may electronically block or otherwise deny access to the KuchKuch Website, to any User deemed to be in violation of any of the terms in this document.

  1. KuchKuch is not obliged to ensure that the Website is available to all the Users at all times. While we make all attempts to deny access only to those Users who violates the KuchKuch regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other Users.

  1. KuchKuch is not responsible for a loss of access to KuchKuch Services due to failure of networks connected to the internet, or any other temporary hardware or software failure.

  1. KuchKuch reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the Site. Although KuchKuch attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site.

Content

You understand that all postings, messages, text, files, images, photos, videos, sounds, or other material (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“item”) of Content that you post, email or otherwise make available via the Service. You understand that we do not control and is not responsible for Content made available through the Service and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, that Site and Content available through the Service may contain links to other websites, which are completely independent of us. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will we are liable in any way for any Content or for any loss or damage of any kind incurred as the result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that this Site does not pre-screen or approve Content, but that we shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms and Conditions or for any other reason.

User Responsibility for Content

By using this website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this website.

You shall not:

  1. Sell, rent or sub-license material from the website.

  1. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.

  1. Edit or attempt to edit or otherwise modify or attempt to modify any material on the website.

  1. Show any material from the website in public.

  1. Redistribute material from this website, including republication on another website, except for content specifically and expressly made available for redistribution.

  1. Users will be solely responsible for the Content they publish on KuchKuch or any comments, ratings or feedbacks to any User posting, products or services listed on the Site. Any Content posted must be genuine, legal, gender equal, non-discriminatory, and abide by the relevant laws and regulations applicable in the U.S, and must strictly not contain:

  1. Inaccurate, false, or misleading information;

  1. Information which is discriminatory in any form or manner;

  1. Include any screening requirement which an actual and legal requirement of the Content is not posted.

  1. Uploading, hosting, transmitting, modifying, publishing, posting, or distributing any material, content or information that:

  1. Violates any federal, state or local laws of the U.S for the time being in force;

  1. Belongs to another person and to which you have no rights;

  1. Infringes, breaches or otherwise contravenes the rights of KuchKuch or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;

  1. Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of KuchKuch, or any other computer system or resource.

  1. Is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, pedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever.

  1. With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state or local government contract.

  1. Which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law.

  1. That harms or harasses minors in any way.

  1. That threatens the unity, integrity, defense, security or sovereignty of the U.S, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation.

  1. That includes links to commercial services or web sites, except as allowed in “Services”.

  1. Collect personal data about other Users for commercial or unlawful purposes.

  1. Post the same item or Service in more than one classified category or forum, or in more than one metropolitan area.

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without KuchKuch’s express written consent.

Third Party Content, Sites, And Services

This Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party Content which is completely independent of the Site, including websites, directories, servers, networks, systems, information and databases, applications, software, program, products or services, and the internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that this Site is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release this community website, its officers, employees, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Terms Applicable to Users

  1. All Contents posted on KuchKuch and on affiliated third-party boards and/or websites via KuchKuch must abide by these Terms and Conditions.

  1. KuchKuch and affiliated third party boards reserve the right to remove any Content from the website, which is deemed to be non-compliant with these Terms and Conditions. Where Such Content is removed from the Website due to the non-compliance with these Terms and Conditions, no refund shall be issued by KuchKuch to the Users.

  2. Any information submitted must be truthful and accurate to the Company. Users acknowledge and agree that they are solely responsible for the Content and accuracy of any Content placed in the KuchKuch.

  1. Users are responsible for maintaining the confidentiality of their account, profile, and passwords, as applicable on KuchKuch. Users are prohibited from sharing sensitive information such as passwords with anyone or any other party, temporarily or permanently and shall be responsible for all uses on KuchKuch, whether or not authorized by the actual User. Users agree to immediately notify KuchKuch of any unauthorized use of their account. Unless such unauthorized use of an account is the result of gross negligence and/or fraud by KuchKuch, the User shall not hold KuchKuch or any affiliate, undertaking, subsidiary or otherwise connected entity responsible in any manner.

  1. If KuchKuch is down for any reason beyond our reasonable control, no refund, in whole or in part, shall be given. We will do our utmost to ensure the smooth functioning of our Services at all times.

Eligibility

The Site and the Services are offered only to Users thirteen (13) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with or using the Site, or by purchasing, offering, providing, marketing or using any products or services on or through the Site, you represent and warrant to KuchKuch that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Site and for purchasing, offering, providing, marketing or using any products or services on or through the Site, and you may only use them for lawful purposes.

User Registration

As explained further herein, to secure the right to access and use the registration- only pages or features of the Site, or the Services, as applicable, you must register with and create a personal user account with KuchKuch through the Site, as applicable (“User Account”), as well as reaffirm your acceptance of an agreement to this Agreement and those additional terms, conditions and policies referenced herein , as KuchKuch may require from time to time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by KuchKuch (including, for example, providing additional information to KuchKuch and entering into an additional agreement with KuchKuch). A User is responsible for maintaining confidentiality and security of its own account with KuchKuch. To view the information displayed on this Website, you don't have to register. But to post anything on this Website (such as Classifieds Ad, Buy/Sell, Discussion Boards), you must register on our site and agree to provide true, accurate and mandatory information.

USER ACCOUNT ACTIVITY AND INFORMATION:

You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and passwords). You should also maintain accurate, complete, and up-to-date information in your User Account because your failure to do so may result in your inability to access, use or receive all or any part of the Site, or the Services and/or KuchKuch’s termination of this Agreement. For the sake of security, you must immediately notify KuchKuch if you suspect that a third party have gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, KuchKuch has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors and vendors to access and use, the information in your User Account to facilitate the exercise and performance of KuchKuch’s rights and obligations under this Agreement, the operation of the Site, the provision and performance of the Services and/or other rights, obligations, operations and services related to the subject matter of this Agreement (including, without limitation, payments and communications).

Trademark and Copyright

The Service is protected to a maximum extent permitted by copyright laws. The Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction and redistribution is prohibited without the express written consent of this community Website. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of this community Website, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. This "KuchKuch" tradename is a registered mark in the U.S. Patent and Trademark Office.

Although this community website does not claim ownership of Content that its Users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to this community website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative work of, or incorporate into other works, said Content, and to grant and authorize sublicenses ( through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant this community website all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

Backups

We are not responsible for the authenticity of the Content residing on the KuchKuch website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Subscription and/or Advertising Fees

KuchKuch has developed very specific and tailor-made advertising solutions for you which best fit the nature of services or products offered by your business or profession. We have developed an advanced pricing system which offers different packages for different requirements depending on the nature of services and particular marketing requirements. You, being a registered User, can access the advertising page on the website and select the most suitable package as per your needs and pay the fees to avail the chosen package. The packages currently offered are Basic, Gold, Platinum, and Platinum +, however, it is to be noted that KuchKuch can anytime with or without notice to you can change these packages or add new packages. The details of the packages can be accessed at the Subscription/Advertising page on the website. If you are paying by Credit Card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. Your initial subscription period will be specified in your order, and unless otherwise specified in your order, your subscription will automatically renew for the shorter of the subscription period, or period mentioned in the order or package you select. To prevent renewal of the subscription, the required notice must be provided within the timeframe as specified in the Subscription selected. The subscription term will end on the expiration date and the subscription cannot be cancelled early. KuchKuch does not provide refunds if you decide to stop using the subscription or advertising services. You hereby agree to comply with all laws in your use and receipt of the subscription or advertising services including any applicable export laws. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S Department of the Treasury.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall this community website “KuchKuch” and its affiliates, officers, directors, employees, members, managers, owners, agents, trustees, partners, suppliers or licensors be liable to (or be obligated to indemnify) you or any third party for any direct, indirect, incidental, punitive or special damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, or arising from or in connection with:

  1. Your visit, access, registration, subscription with or use of the Site, or the Services or your inability to visit, access, register with or use of the Site, or the Services.

  1. Any products or services offered, sold, purchased, marketed, provided, used or made available by or to you on, through or in relation to the Site (including, without limitation, the Services, and those products and services offered, sold, marketed or provided by Providers or others on, through or in relation to the Site).

  1. Any statements, Content or conduct of any third party on, through or in relation to the Site or any such products or Services.

  1. Any unauthorized access to or alteration of your personal.

  1. Any hacking, denial of Service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s) or User Account.

  1. Any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, viruses, spyware, and malware) that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s) or User Account.

  1. The fact that you have relied on any information, Content or communications published on, through or in relation to the Site, or any such products or Services.

  1. Any acts, errors or omissions of any third-party Providers. If you are dissatisfied with the site, or any products or services offered, sold, purchased, marketed, provided, used or made available by or to you on, through or in relation to the Site (including, without limitation, the Services, and those products and services offered, sold, marketed or provided by Providers or others on, through or in relation to the Site), then your sole and exclusive remedy is to discontinue your access and use of the Site, and such products and services.

Indemnification

The Terms and conditions mentioned above regulate the usage of KuchKuch. Any person using KuchKuch Site in violation of the stipulations contained in the Terms and Conditions of KuchKuch shall render himself/herself liable to appropriate action in a court of law both civil and criminal.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS KUCHKUCH, ITS DIRECTORS, OFFICERS, EMPLOYERS, AGENTS, SUBSIDIARIES, AFFILIATES AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SERVICES OBTAINED THROUGH KUCHKUCH INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO KUCHKUCH. ANY REFERENCE TO DUTIES AND TAXES ETC IN THESE TERMS OF USE SHALL INCLUDE GOODS AND SERVICES TAX.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Termination of Service

You agree that this community website, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if this community website believes that you have acted inconsistently with the letter or spirit of the Terms and Conditions. Further, you agree that this community website shall not be liable to you or any third-party for any termination of your access to the Service.

No Spam Policy

You understand and agree that sending unsolicited email advertisements to this community website email addresses or through this community website computer systems, which is expressly prohibited by these Terms and Conditions. Any unauthorized use of this community website computer system is a violation of the Terms and Conditions and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between you and KuchKuch in relation to use of this Website and supersede all previous agreements in respect to your use of this Website.

Dispute and Governing Law

This Agreement, the additional terms, conditions, and policies referenced herein (including the Privacy Policy and Copyright Statement), your visit, access, registration with or use of the Site, or the Services, any transaction made on, through or in relation to the Site, any products or services offered, sold, purchased, marketed, provided, used or made available to you on, through or in relation to the Site (including, without limitation, the Services, and those products and services offered, sold, marketed or provided by Providers or others on, through or in relation to the Site), the parties’ relationship and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Maryland in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.