Terms and Condition


Overview

This website (“Site”, “Website”) is operated by KALLADAYIL VENTURES PRIVATE LIMITED (“Insight Whiz”). Throughout the Site, the terms “we”, “us” and “our” refer to Kalladayil Ventures Private Limited. Kalladayil Ventures Private Limited offers this Website, including all information, tools, products and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website or use of any information, material, tools, products and services that are part of or make available to you by this Website, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features, products, services, content or tools which are added to the current Website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

We have business relationships with customers, suppliers, governments, and others and we might have used words like joint venture, partnership, and partner to indicate our business relationship with them. Those words may not indicate any type of relationships that are legally bound.

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

 

Modifications to the service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or services

We have made every effort to display as accurately as possible the colours and images of our products that appear on this Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Third-party links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Blogs

This is to inform and clarify that individuals (including but not limited to employees of Kalladayil Ventures Private Limited and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of ours, in the form of “blogs”, under the section ‘Insights’ which may be also be displayed other part of the Website or internet. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity and may not represent official positions of Insight Whiz in any manner. We retain all copyright to these blogs.

You may be permitted to post comments and feedback to these blogs. By doing so, you are also agreeing to other parts of this Terms of Use along with this section, our Privacy Policy and any other terms, conditions and policies that are present on any part of this Website.

Forms

This Website may contain various forms in many parts of the Website. By submitting your contact information including but not limited to email, phone number etc, you are giving consent to us, our employees and partners to contact you for sales, marketing and related purposes.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

User Content

“User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Terms of Use. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability. We are not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant us an irreversible, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

 

Other users

Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge Insight Whiz and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Copyright/trademark information

All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

This Website, including all Materials and Information present (excluding any applicable third-party materials), are the property of us and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. We do not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

Privacy policy

By agreeing to this Terms of Use and use of our Website and services, you are also agreeing to our Privacy Policy. You can find our privacy policy by clicking on the hyperlinked text ‘Privacy Policy’ Below.

Privacy Policy

By agreeing to this Terms of Use and use of our Website, you are also agreeing to any other terms, conditions and policies present on any part of this Website.

Errors, inaccuracies and omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

We undertake no obligation to update, amend or clarify information or material that in any part of our Website.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by us or our suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights. We and our suppliers reserve all rights not granted in these Terms.

Limitation of liability

We and our suppliers make no guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

We do not warrant that the results that may be obtained from the use of the service or our Website will be accurate or reliable.

We reserve the right to change, suspend, or cease the Site with or without notice to you. You approved that we will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

In no case shall Kalladayil Ventures Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service or use of any part of our Website, or for any other claim related in any way to your use of the service, any product or part of our Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content, material or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Third-party links, content & ads

The Site may contain links to third-party websites and services, display Information, Data or Material from external sources including third parties and/or display advertisements for third parties. Such Third-Party Links, Information, Data, Material & Ads are not under the control of us, and we are not responsible for any Third-Party Links, Information, Data, Material & Ads. We provide access to these Third-Party Links, Information, Data, Material & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Information, Data, Material & Ads. You use all Third-Party Links, Information, Data, Material & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Information, Data, Material & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

 

Cookies and web beacons

This Site uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the Website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Indemnification

You agree to indemnify, defend and hold harmless Kalladayil Ventures Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and or Website (or any part thereof).

 

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service or use of our Website constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

 

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

Governing law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 4th and 5th floor, Asset Iris, Kochi-Madurai-Tondi Point Road, Thrippunithura, Ernakulam, Kerala, India, Cochin, KL, 682 301, India.

 

We make no representation that Materials on this Site are appropriate or available for use at any other location(s) outside India. Any access to this Site from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of any applicable export laws and regulations. If You access this Site from a location outside India, you are responsible for compliance with all local laws.

 

These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of law’s provisions.

 

Changes to terms of use

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

Contact information

Questions about the Terms of Use should be sent to us at info@InsightWhiz.com

 

This Terms of Use was last updated on 17 February 2020.