Read Our Terms of Use:

Welcome to https://kimbal.io/ This website is owned and operated by Kimbal Private Limited at B 100, 2nd Floor, Naraina Industrial Area, Phase – 1, New Delhi – 110028, India. By visiting our website and accessing the information, resources, services, products, and tools we (“Resources”) provide, you understand and hereby agree to accept and adhere to the terms and conditions stated in this policy (hereinafter referred to as the ‘Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This Agreement governs your use of this website https://kimbal.io/ (hereinafter referred to as the ‘Website’), This Agreement includes and incorporates, by this reference, the policies and guidelines referred below. We reserve the right to revise this Agreement from time to time without notice. Kimbal Private Limited will merely indicate on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Kimbal Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of and agreement to the modified terms and conditions. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Kimbal Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE YOU OR THE ENTITY YOU REPRESENT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

User Eligibility

This Website is provided by Kimbal Private Limited and is available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Website.

Responsible Use And Conduct

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources / are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you or on your behalf, as explained above, and may incur criminal or civil liability.

Privacy:

Kimbal Private Limited believes strongly in protecting user privacy, which is why a separate Privacy Policy has been created in order to explain in detail how we collect, manage, process, secure, and store your private information. Please refer to our privacy policy, incorporated by reference herein, that is posted on the Website.

Customer Solicitation:

Kimbal Private Limited believes strongly in protecting user privacy, which is why a separate Privacy Policy has been created in order to explain in detail how we collect, manage, process, secure, and store your private information. Please refer to our privacy policy, incorporated by reference herein, that is posted on the Website.

Opt-Out Procedure:

Unless you notify our third-party call center representatives or direct Kimbal Private Limited sales representatives while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Kimbal Private Limited and its designated in house or third party call team(s).

We provide 3 easy ways to opt out of future solicitations –

You may use the opt-out link found in any email solicitation that you may receive.

You may also choose to opt-out, via sending your email address to: happytohelp@kimbal.io.

You may send a written request to Kimbal Private Limited sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations.

Proprietary Rights:

Any and all intellectual property rights associated with the Website and its contents are the sole property of Kimbal Private Limited and its affiliates. Kimbal Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Content, Intellectual Property, Third Party Links:

This Website also offers information, both directly and/or through indirect links to third-party websites. Elements of this Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Website are trademarks, service marks or trade names of Kimbal Private Limited, its affiliates or other entities and may not be used or interfered with in any manner without our express written consent. Kimbal Private Limited does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Kimbal Private Limited creates the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Kimbal Private Limited does not endorse the contents of any such third-party websites and is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website:

Kimbal Private Limited is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will –

abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),

not interfere with or disrupt the use and enjoyment of the Website by other users,

not resell material on the Website,

not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and

not defame, harass, abuse, or disrupt other users of the Website.

not disguise the origin of information transmitted through the Website.

not place false or misleading information on the Website.

not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Kimbal Private Limited.

not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another.

• not use or access the Website or any Resources in any way that, in Kimbal Private Limited’s judgment, adversely affects the performance or function of the Website or Resources or interferes with the ability of authorised parties to access the Website or Resources.

 

License:

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, modify, amend, lease, loan, sell, upload, transmit, distribute, and/or create derivative works of such content or information without express written authorization from Kimbal Private Limited or the applicable third party (if third party content is at issue). Except as expressly provided herein, we do not grant to You any express or implied rights to our Intellectual Property of or that of any third party.

Disclaimer of Warranties:

Your use of this website is at your sole risk. The website is offered on an “as is” and “as available” basis with no warranties or guarantees whatsoever. Kimbal Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the website content, or any reliance upon or use of the website content.

Without limiting the generality of the foregoing, Kimbal Private Limited makes no warranty:

that the information provided on this website is accurate, reliable, complete, or timely.

that the links to third-party websites are to information that is accurate, reliable, complete, or timely.

no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.

You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services from this website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation Of Liability:

To the fullest extent permitted by applicable law, in no event will Kimbal Private Limited be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced, or accessed through this website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Kimbal Private Limited is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

Indemnification:

You will release, indemnify, defend and hold harmless Kimbal Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, incurred by us relating to or arising out of:

the breach of your warranties, representations and obligations under this Agreement,

your use of the Website content,

breach of any intellectual property or other proprietary right of any person or entity,

your violation of any provision of this Agreement;

any information or data you supplied to Kimbal Private Limited.

When Kimbal Private Limited is threatened with suit or sued by a third party, Kimbal Private Limited may seek written assurances from you concerning your promise to indemnify Kimbal Private Limited; your failure to provide such assurances may be considered by Kimbal Private Limited to be a material breach of this Agreement. Kimbal Private Limited will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content, with the counsel of Kimbal Private Limited’s choice at its expense. Kimbal Private Limited will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Kimbal Private Limited against any claim, but you must receive Kimbal Private Limited’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website.

General Clause:

Force Majeure: Kimbal Private Limited will not be deemed to be in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation: Kimbal Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.

Entire Agreement: This Agreement comprises the entire agreement between you and Kimbal Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.

Governing Law:

This website is controlled by Kimbal Private Limited from our offices located in Delhi, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delhi, India, by accessing our website, you agree that the statutes and laws of Delhi, India, without regard to its conflict of law and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website.

Effect of Waiver:

The failure of Kimbal Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.

Governing Law/Jurisdiction:

This Website originates from New Delhi, Delhi, India. This Agreement will be governed by the laws applicable in Delhi, India. It can be accessed by most countries around the world. Neither you nor Your representative shall prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, anywhere other than in courts located in State of Delhi, India. By using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Waiver of Class Action Rights:

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination

Kimbal Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website If your access to the Website is terminated, Kimbal Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Kimbal Private Limited chooses, in its sole discretion and without advance notice to you, to terminate it.

Domestic Use:

Kimbal Private Limited makes no representation that the Website or are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment:

You may not assign your rights and obligations under this Agreement to anyone. Kimbal Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

Contact Information:

If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:

B-100, 2nd Floor,

Naraina Industrial Area,

Phase – 1, New Delhi – 110028, INDIA

happytohelp@kimbal.io