As part of the registration process with the Website, you are bound to provide correct, complete, accurate, and up to date particulars. In case of failure it would amount to unauthorised access and you would be restrained from the use of Services. KittyBee in its sole discretion may terminate your password, account (or any part thereof) or use of the Website. You agree to notify KittyBee immediately of any breach of security or unauthorized use of your mobile phone. KittyBee shall not be liable for your losses caused by any unauthorized use of your account, You shall be liable for the losses of KittyBee or others due to any such unauthorized use or access.
Subject to the Terms and compliance of the Terms hereof KittyBee shall grant you a license to use the Services provided that
(a) You shall use the Application solely for your personal and lawful use only;
(b) You will not, nor allow third parties on your behalf
(i) to resell or charge others for use of the Application
(ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and
(c) you warrant to otherwise comply with the present terms. For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device that you own or control.
Consent to Use of Data
By using the Services, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. We may use this information to improve our Service.
You shall not upload or cause to transmit, post, send, comment on or store content that:
- violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity, including KittyBee.
- is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual.
- is harmful to minors in any way or targeted at persons under the age of 18.
- spams or solicits KittyBee users to purchase anything.
- requests any form of identification or illegal content from KittyBee users.
- interferes with the positive experience of other users of the KittyBee platform, in KittyBee’s discretion.
You agree not to use the Services to:
- upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data.
- collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers).
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack).
- attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining).
- interfere with another user’s use and enjoyment of the Services.
We have no obligation to delete content that you may find objectionable or offensive unless same appears to be contravening any law. You are obliged to immediately bring to our notice any material or content which you feel may contravene with any law in force or someone’s legitimate right including right to privacy, in order for us to examine the same. You shall be liable for any consequences whatsoever resulting from anything transmitted or caused to be transmitted by you, to or through the application.
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the Third Party from which such Content originated. Kitty Bee does not control or guarantee the accuracy, integrity or quality of its Contents. We hold no responsibility if the user finds the Contents viewed with the help of a Third Party Site as defamatory, unlawful, harmful, threatening, obscene, abusive, vulgar, libelous, invasive of another’s privacy, hateful, or racially, ethnically, impersonate any person or entity, or otherwise objectionable.
Except as otherwise expressly agreed or required by applicable law, all data except financial data, remarks, suggestions, ideas, graphics, or other information communicated through to Kitty Bee will forever remain the property of Kitty Bee. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
Upon termination of the Application (i.e. deletion of the KittyBee account) from your mobile device, KittyBee shall delete all your Contents from its database and servers within a maximum of 30 days, except to the extent required to be retained by applicable Laws. KittyBee reserves the right to send you periodic communications for the purpose of sharing new updates with you. For the avoidance of doubt, it is clarified that any part of Your Content (viz. your messages, status updates, Profile picture updates, files sent by you) stored by your contacts/Friends locally on their device may remain after you delete your account till it is deleted by such contacts. Similarly any part of your Content, which is publicly available to other users of KittyBee who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated time stamp) stored by your contacts may remain after you delete Your account till it is deleted by such contacts.
Modifications to the Application
KittyBee reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without any notice. You agree that KittyBee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or the Site. It is again clarified that every effort is made to keep the Services running smoothly. However, KittyBee takes no responsibility for, and will not be liable for any problem arising from services being temporarily being unavailable due to technical issues beyond our control.
You are responsible for any mobile charges when you use the Services including data chargesfor use or the Services and/or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your network service provider before using the Services.
Third Party Services
If you use a service, feature or product offered by a third party, such as Merchants (Boutiques, Salons, jewelers, dieticians etc) or payment processing services offered by a third party (all together the “Third Party Services”), that third party’s terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service. KittyBee is not responsible or liable for the third party terms or content of Third Party Services or actions taken under the third party’s terms. KittyBee does not necessarily conduct a detailed review of and makes no promises about the Third Party Services and neither specifically endorses any of these third party services.You maybe able to access third party information through KittyBee which are provided for your convenience and they do not signify that we endorse the contents of the said website(s)/blogs or applications and KittyBee can’t be held responsible in any manner for the contents of the linked website(s)/blogs/applications or any damage/loss which may result thereof.
It is clarified that the contents of the links accessed through URL or which have been embedded on the Application are contents available with the third Party and KittyBee has no claim or responsibility regarding them, whatsoever. You also acknowledge and accept that we are not responsible for, and assume no liability for, mistakes, misstatements of law or fact, defamation, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information posted on website/Applications including ones accessed through URL or embedded in the Application.
Intellectual Property Rights
You acknowledge and agree that the Application, the Site, the Services and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of KittyBee and its licensors, as applicable. All content related to KittyBee corporate and business activities included on the Site and embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of KittyBee or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Application is also the exclusive property of the KittyBee and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of KittyBee or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All KittyBee graphics, logos and service names are trademarks of KittyBee or its affiliates. KittyBee’s trademarks may not be used in connection with any product or service that is not KittyBee’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KittyBee. KittyBee’s trademarks may not be used in connection with any product or service except as authorised by KittyBee in writing.
Disclaimer of Warranties
You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the application is at your sole risk and discretion.The application is licensed “as-is,” and “as available.” you bear the risk of using it. Kittybee gives no express warranties, guarantees, or conditions under or in relation to the application. It is agreed that neither KittyBee nor any third party provides any assurance or warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials as found on this Application. It is further agreed that the KittyBee shall not be held responsible for any losses or damages or costs etc which may result from the usage, reliance etc of any information accessed on this website or received through the KittyBee. You agree not to seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from Kittybee.
Kittybee makes no warranty against interference of your enjoyment of the application and related services; for losses or damages including any personal injury arising from or in any way related to your access or use of the application, use of any content posted, transmitted, or otherwise made available via the application or following a failure, suspension or withdrawal of all or part of the application at any time; any bugs, viruses, or the like which may be transmitted to or through our application or related services, that the application will be functional, uninterrupted, error-free or bug-free or meet your requirements; regarding the security, reliability or timeliness of the application; that any errors, bugs or failures in the application will be corrected. Accordingly, you expressly agree that use of application and related services is purely voluntary on your part, at your own risk and therefore agree to bear any and all risk whatsoever and/or howsoever caused. Any content or material downloaded through your use of the application is at your own discretion and risk and you will be solely responsible for any damage or loss of data occurring on your device or any other loss or damages of any kind resulting from the download and use of the application. No advice, course of conduct or information, whether oral or written, obtained by you from Kittybee or any party or through the application shall create any warranty unless expressly stated in these terms.
Whilst Kittybee shall undertake all reasonable efforts and due diligence to ensure security and integrity, Kittybee shall, in particular, not be liable for the following: delay or errors in transmission and/or storage of information to or through Kittybee that might occur from time to time; intrusion, distortion, loss of data, etc due to act of any third party, failure of any software and/or hardware or telecommunication service provider(s) used by us or any other act beyond our reasonable control.
Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance shall KittyBee, its directors, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if KittyBee or any or all of its agents have been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless KittyBee, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of: (i) Your access to or use of the Application, Site and related services; (ii) any breach by you of Your obligations; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) Your negligence or willful misconduct. These obligations will survive termination of your relationship with Kitty Bee.
KittyBee shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond KittyBee’s reasonable control.
It is made clear that Kitty Bee does not provide any payment gateway through its Application or site and nor does it accept any charges from its Application users, as such it will not be responsible, liable for quality or refund for any payments, whether in part, which are made to third party vendors, in whatever manner.
If we don’t enforce our right or any part of these Terms, it will not be considered as waiver on our part.
Present relationship shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in New Delhi, India for all disputes arising hereof.