This is an agreement between you and Arna Multipliers Private Limited, a company incorporated under the Companies Act 2013, with its registered office at Plot no 18, Sector 6, Sanpada, Navi Mumbai – 400705 (“Arna”, “Kauntractor.com”, “the Company”, “we” or “our”) that governs your use of the search services offered by the Company through its website www.kauntractor.com (“Website” or “Platform”), using which the Company may provide the search services and Kauntractor Assurance services. When you access or use Platform you agree to be bound by these Terms and Conditions (“Terms”).
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively “Materials”) for the search services on the Platform. We provide the Materials through the Platform FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platform content, we are not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platform including but not limited to decisions based on the content in the Platform which results in any loss of life, revenue, profits, property etc.
Accordingly, you may view and use the Materials found on the Platform for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Company. You may not use the Platform or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Arna Multipliers Private Limited, its subsidiaries, parent companies, and/or any third party owner of such rights.
The Company names and logos, the platform names and logos and all related products and service names, design marks, images and slogans are trademarks and service marks owned by the Company or its wholly-owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on the Platform must bear any copyright, trademark or other proprietary notice located on the respective Platform that pertains to the material being copied. You are not authorized to use any Kauntractor.com name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the Company. Requests for authorization should be made in writing to the registered address of the Company or on arnamultipliers@gmail.com.
Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
Since, the Company provides information directory services website, your ("Users") use of any of the aforementioned medium to post Reviews, Ratings and Comments about the services and also about the Advertiser's listed on the platform / website is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site and any material you add to the Site, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the "Communications"). The Company does not endorse or accept any of your Communication as representative of their views. By transmitting any public Communication to the Site, you grant the Company an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in the Platform.
You confirm and warrant that you have the right to grant these rights to the Company. You hereby waive and grant to the Company all rights including intellectual property rights and also "moral rights" in your Communications, posted on the platform is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friends tagged by you. Also, the Company reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you. The Company has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. The Company cannot review all Communications made on its website. However, the Company reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which the Company in its sole discretion deems inappropriate, offensive or contrary to any the Company’s policy, or that violate its terms.
The Company reserves the right not to upload or distribute to, or otherwise publish through the Site any Communication which
i. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
ii. constitutes or contains false or misleading indications of origin or statements of fact;
iii. slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
iv. causes injury of any kind to any person or entity;
v. infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
vi. violates any applicable laws, rules, or regulations;
vii. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
viii. impersonates another person or entity, or that collects or uses any information about Site visitors.
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then the Company reserves right to take appropriate legal action against you. Further, you shall indemnify and protect the Company against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments. The Company takes no responsibility and assumes no liability for any content posted by you or any third party on The Company site or on any mediums of the Company.
You further acknowledge that conduct prohibited in connection with your use of the Company website includes, but is not limited to, breaching or attempting to breach the security of the Site.
The Company is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website.
In the course of registering for and availing various services we provide from time to time through our website www.kauntractor.com you may be required to give your name, residence address, workplace address, email address, date of birth, educational qualifications and similar Personal Information (“Personal Information”). The Personal Information is used for three general purposes: to customize the content you see, to fulfill your requests for certain services, and to contact you about our services. Unless otherwise stated explicitly, this Policy applies to Personal Information as disclosed on the Platform.
We are committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Platform. In furtherance thereof, we have this policy to demonstrate our good faith.
This policy does not apply to the practices of organizations that we do not own or to people that we do not employ or manage.
Personal Information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only. We do not sell or rent Personal Information except that in case you are a customer of our search services through the Platform, your Personal Information shall be shared with our subscribers/advertisers and you shall be deemed to have given consent to the same. Further, the subscribers/advertisers who are listed with us, may call you, based on the query or enquiry that you make with us, enquiring about any Product/Service of any particular subscriber /advertiser.
We will share Personal Information only under one or more of the following circumstances: - If we have your consent or deemed consent to do so OR If we are compelled by law (including court orders) to do so.
In furtherance of the confidentiality with which we treat Personal Information we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of any registration process on our website or prior to availing of any services offered on our website if you wish not to disclose any Personal Information you may refrain from doing so; however if you don't provide information that is requested it is possible that the registration process would be incomplete and/or you would not be able to avail of the our services.
If you are our corporate customer, it is possible that we have entered into a contract with you for non-disclosure of confidential information. This Policy shall not affect such a contract in any manner.
If you have questions or concerns about these privacy policies; please send us an email at arnamultipliers@gmail.com
The Company communicates information provided and created by contractors, advertisers, homeowners, home improvement professionals and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platform, the Company has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platform may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platform or any of them including but not limited to content based decisions resulting in loss of life, revenue, profits, property etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platform.
The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platform. Where appropriate, we will endeavor to update information listed on the Website on a timely basis but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platform content hosted on the Platform are reserved with the Company or its subsidiaries and affiliates. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platform for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platform in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website as a convenience to users. The listing of an external site does not imply endorsement of the site by the Company or its affiliates. The Company does not make any representations regarding the availability and performance of its Platform or any of the external websites to which we provide links. When you click advertiser banners, sponsor links, or other external links from the Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by the Company.
The Company and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to our website, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, contractors and home service providers that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platform, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platform that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and the Company will at no point of time be responsible for the accuracy or correctness of such information. The Company reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platform access rules and regulations for any user(s).
The Company also reserves the right to impose/change the access regulations of the platform, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platform.
While every attempt has been made to ascertain the authenticity of the content in the platform, the Company is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platform including but not limited to any decisions based on content in the Platform resulting in loss of life, revenue, profits, property etc.
Please remember that any provider of goods or services is entitled to register with the Company. The Company does not examine whether the contractors / advertisers / any other kind of service providers are good, reputable or quality sellers of goods/service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. The Company has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platform.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platform. Any use of the Platform, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platform.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. THE COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORM SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
“Kauntractor Assurance” is a limited assurance offered by the Company. The same involves the User placing a request on the platform, the request being examined by the Company’s affiliated Contractors and a proposal submitted to the User. It is the sole discretion of the User to accept the proposal put forth by the Company’s or its associates. Once the proposal is accepted by the User, the Company shall make all reasonable efforts to ensure that the Service / Goods are delivered as per the expectations of the User. However, the User shall not hold the Company liable for any unfortunate non-performance / loss of property / theft / any other loss that the User may have to incur which is not in complete control of the Company or its affiliates or which is due to any Force Majeure event (as generally defined under law) or due to any material adverse event not in control of the Company or its affiliates.
The User further confirms that it shall not get into any arrangement directly with the Company’s affiliated Contractors, without the Company’s knowledge and written approval. The Company, having information of such act by the User, shall be entitled to damages from the User for using the Company’s capabilities without due compensation, which may go up to 200% of the market value of the work executed through Company’s affiliated Contractors. The Claim by the Company under such circumstances shall be final and the User agrees indemnify to the Company against any counter-claim by itself or its relatives or affiliates.
Users using any of the Company service across the mediums through internet i.e. www.kauntractor.com are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with Kauntractor.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and The Company does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with The Company .Further, The Company is not at all responsible for any act of Advertiser/s listed at The Company.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF THE COMPANY IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORM, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. THE COMPANY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORM.
THE USER OF THE PLATFORM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORM AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platform. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. The Company may make improvements and/or changes in the products, services and/or programs described in the Platform and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platform. However, anyone using the Platform agrees that The Company may monitor the Platform contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platform properly or to protect itself and its users. The Company reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. DELETIONS FROM SERVICE: The Company will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. The Company reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of the Company, may be, defamatory, infringing or violate of applicable law. The Company reserves the right to exclude Material from the Platform. Materials submitted to the Company for publication on the Platform may be edited for length, clarity and/or consistency with the Company's editorial standards.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and the Company. The Company reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms.
In no event shall we have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
You agree to indemnify us and hold us harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.
All telephone conversations between you and us may be recorded and you hereby consent to such monitoring and recordation.
Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Mumbai, India
These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.