TERMS AND CONDITIONS
This privacy notice for Kuwait British Factory Co. (doing
business as KBF) (“we,” “us,” or “our”),
describes how and why we might collect, store, use, and/or share
(“process”) your information when you use our services
(“Services”), such as when you:
• Download and use our mobile application (kbfvts), or any
other application of ours that links to this privacy notice
BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE
TO BE BOUND BY THE TERMS OF USE AS BELOW, INCLUDING ANY FUTURE AMENDMENTS
(HEREINAFTER COLLECTIVELY REFERRED TO AS THE “TERMS OF USE”). IF YOU
DO NOT AGREE TO THE TERMS OF USE AS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY
PAGES THEREOF. WE ENCOURAGE YOU READ THE TERMS OF USE ENTIRETY BEFORE YOU USE
THE WEBSITE.
By using this website, you agree to be bound by the
following: (1) the KBF Terms of Use (hereinafter referred to as the “Terms
of Use”); and (2) the KBF Privacy Policy (hereinafter referred to as the
“Privacy Policy”) including any future amendments herein. That the
Terms of Use & Privacy Policy shall hereinafter be also referred
collectively as the “Policies”. You also agree that by using this website or
install or use any of the applications, made available on this website, you had
read and understood the Policies mentioned herein, as together the said
Policies forms a binding agreement (“the Agreement”) between you and KBF
(the “Company”) regarding your use of this website and the
applications provided herein.
AGE CONFIRMATION
You affirm that you are more than 18 (Eighteen) years of age
having sound mind, with free will and without any coercion or undue influence
and fully able and competent to enter into the Agreement, Policies, terms,
conditions, obligations, affirmations, representations, and warranties set
forth in these Terms of Use.
ACCEPTANCE
The following Terms of Use govern your use of the website,
maps, directions, information, applications, materials and documents being made
available to you (collectively the “Products and Services”). By creating an
account on the website or by using the Products and Services, you signify
electronically your agreement to all Policies, terms, conditions, and notices
contained or referenced herein and to resolve any disputes with Company in the
manner as given in the present Terms of Use.
Further, you agree that the Company reserves the right, and
has the sole discretion to amend any clauses by way of addition, variation or
repeal or revise these Terms of Use and other policy at any time. Your
continued use of the website and the Products and Services following the
posting of any changes to the Terms of Use constitutes acceptance of those
changes.
USE OF WEBSITE
You may use the website and the Products and Services
provided through it, only if you agree to be bound by terms of this Terms of
Use, and only in compliance with this Agreement and all applicable local,
state, national, and international laws, rules, regulations and Notifications.
You agree to use the website and the Products and Services as provided on it,
only in a manner which is permitted by law and agree to never misuse the same.
In case the Company finds any non-compliance by you of the Policies, the
Company may suspend your account on the website or stop providing you the
Products and Services.
It is agreed by you that by using our Products and Services,
it does not give you ownership of any Intellectual Property Rights (defined
below) in them or the content that you access. Further, by using the Products
and Services you are not granted the right to use any branding or logos used in
them and you are prohibited from removing, or altering any information
displayed in or along with our Products and Services.
YOUR REGISTRATION INFORMATION
Your account on the website gives you access to the services
and functionality that the Company establishes and maintains from time to time.
When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and
you must keep your account password secure. That Login ID and password,
together with your mobile number or other contact information you provide form
your “Registration Information”. We encourage you to use strong
passwords (passwords that use a combination of upper and lower case letters,
numbers and symbols) with your account. You must notify the Company immediately
of any breach of security or unauthorized use of your account. The Company will
not be liable for any losses caused by any unauthorized use of your account.
You may control your user profile and how you interact through the website and
through the use of Products and Services, by changing the settings therein. By
providing your email address you consent to our using the email address to send
you service-related notices, including any notices required by law, in lieu of
communication by postal mail. We may also use your email address to send you
other messages, such as changes to features of the Products and Services and
special offers. If you do not want to receive promotional email messages, you
may opt out by unsubscribing from such email communications. Opting out may
prevent you from receiving email messages regarding updates, improvements, or
offers.
USER CONTENT
Some areas of the website and the Products and Services,
allow you to post content such your name, email address, phone number, current
address or current location (in case of use of certain Products and Services
that require the same), such information that you submit, post, display, or
otherwise make available on the website or in the process of using any of the
Products and Services shall constitute “User Content”. The Company
claims no ownership rights over any User Content provided by you; however, by sharing
such information, you agree to allow others to view and/or share your User
Content in accordance with your settings in the use of Products and Services.
Further, the Company shall not retain any of the User Content for longer than
is required for the purposes for which the User Content may lawfully be used.
Further, you agree not to post or transmit any User Content
that: (i) may create a risk of harm, loss, physical or mental injury, emotional
distress, death, disability, disfigurement, or physical or mental illness to
you, to any other person, or to any animal; (ii) may create a risk of any other
loss or damage to any person or property; (iii) seeks to harm or exploit
children by exposing them to inappropriate content, asking for personally
identifiable details or otherwise; (iv) may constitute or contribute to a crime
or tort; (v) contains any information or content that we deem to be unlawful,
harmful, abusive, racially or ethnically offensive, defamatory, infringing,
invasive of personal privacy or publicity rights, harassing, humiliating to
other people (publicly or otherwise), libellous, threatening, profane, or
otherwise objectionable; (vi) contains any information or content that is
illegal (including, without limitation, the disclosure of insider information
under securities law or of another party’s trade secrets); (vii) contains any
information or content that you do not have a right to make available under any
law or under contractual or fiduciary relationships; (viii) contains any
information or content that you know is not correct and current; (ix) violates
any school or other applicable policy, including those related to cheating or
ethics; (x) interferes with other users of the website or Products and Services
including, without limitation, disrupting the normal flow of dialogue in an
interactive area of the website, Product and Services and deleting or revising
any content posted by another person or entity; (xi) except where expressly
permitted, post or transmit charity requests, petitions for signatures,
franchise arrangements, distributorship arrangements, sales representative
agency arrangements or other business opportunities (including offers of
employment or contracting arrangements), club memberships, chain letters or
letters relating to pyramid schemes, any advertising or promotional materials
or any other solicitation of other users to use goods or services except in
those areas (e.g., a classified bulletin board) that are designated for such
purpose. You agree that any information that you post does not and will not
violate thirdparty rights of any kind, including without limitation any
Intellectual Property Rights (as defined below) or rights of privacy. The
Company reserves the right, but is not obligated, to reject and/or remove any
such information that it believes, in its sole discretion, violates these
provisions.
SOFTWARE IN THE PRODUCTS AND SERVICES
When a Product and Service is in nature of downloadable
software, this software may update automatically on the device on which the
download has taken place, once a new version or feature is available. You
consent to such automatic upgrading on your mobile device, and agree that the
Terms of Use of this Agreement will apply to all such upgrades
You agree that the Company gives you a personal,
royalty-free, non-assignable and non-exclusive license to use the Products and
Services. This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Products and Services as provided by the Company, in the
manner permitted by these terms. You may not: (i) modify, disassemble,
decompile or reverse engineer the Mobile Software, except to the extent that
such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell,
sublicense, distribute or otherwise transfer the Mobile Software to any third
party or use the Mobile Software to provide time sharing or similar services
for any third party; (iii) make any copies of the Mobile Software; (iv) remove,
circumvent, disable, damage or otherwise interfere with security-related
features of the Mobile Software, features that prevent or restrict use or
copying of any content accessible through the Mobile Software, or features that
enforce limitations on use of the Mobile Software; or (v) delete the copyright
and other proprietary rights notices on the Mobile Software
RIGHTS YOU GRANT TO US
As the owner of any information, data, passwords, usernames,
PINs, other log-in information, materials or other content (collectively,
“Accounts Content”) you provide to us through the use of the website
or any of the Products and Services, you are licensing the Accounts Content to
the Company solely for the purpose of that use. The Company may use such
Accounts Content, but only to provide the use of Products and Services to you.
By submitting Accounts Content, you represent that you are entitled to submit
it to the Company for use, without any obligation by the Company to pay any
fees or other limitations. You hereby authorize and permit the Company to use
information submitted by you to the website (such as account passwords and
user’s names) to accomplish the foregoing and to configure the Products and
Services so that it is compatible with the third party Websites for which you
submit your information. For purposes of this Agreement and solely to provide
the Account Information to you as part of the use of Products and Services, you
grant the Company a limited power of attorney, and appoint the Company your
attorney-in-fact and agent, to access third party Websites, retrieve and use
your information with the full power and authority to do and perform each thing
necessary in connection with such activities, as you could do in person. YOU
ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY IS ACCESSING AND RETRIEVING ACCOUNT
INFORMATION FROM THIRD PARTY WEBSITES, THE COMPANY IS ACTING AS YOUR AGENT, AND
NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
ACCESS AND INTERFERENCE
YOU AGREE THAT YOU WILL NOT:
a.) Use any robot, spider, scraper, deep link or other
similar automated data gathering or extraction tools, program, algorithm or
methodology to access, acquire, copy or monitor the website or the Products and
Services or any portion of it, without the Company’s express written consent,
which may be withheld in the Company’s sole discretion;
b.) Use or attempt to use any engine, software, tool, agent,
or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search the Company, other
than the search engines and search agents available through the website and
other than generally available third-party web browsers (such as Microsoft
Explorer);
c.) Post or transmit any file which contains viruses, worms,
Trojan horses or any other contaminating or destructive features, or that
otherwise interfere with the proper working of the website or the Products and
Services; or
d.) Attempt to decipher, decompile, disassemble, or
reverse-engineer any of the software comprising or in any way making up a part
of the website or Products and Services.
e.) Users agree not to use or launch any automated system,
including, without limitation, “robots,” “spiders,”
“offline readers,” etc., that accesses the website or Products and
Services in a manner that sends more request messages to its servers in a given
period of time than a human can reasonably produce in the same period by using
a conventional on-line web browser.
INTELLECTUAL PROPERTY RIGHTS
For the purposes of this Agreement, “Intellectual
Property Rights” means all patent rights, copyright rights, mask work
rights, moral rights, rights of publicity, trademark, trade dress and service
mark rights, goodwill, trade secret rights and other intellectual property
rights as may now exist or hereafter come into existence, and all applications
therefore and registrations, renewals and extensions thereof, under the laws of
any state, country, territory or another jurisdiction
OUR PROPRIETARY RIGHTS
Except for your User Content, the website and Products and
Services and all materials therein or transferred thereby, including, without
limitation, software, images, maps, text, graphics, illustrations, logos,
patents, trademarks, service marks, copyrights, photographs, audio, videos,
music, and User Content belonging to other Users (the “Application
Content”), and all Intellectual Property Rights related thereto, are the
exclusive property of the Company and its licensors (including other Users who
post User Content to the Service).
Further, some of the Products and Services may be offered by
the Company in conjunction with a third partner such as Google Maps that
provides the maps to the Company for its website and Products and Services. In
such case, the third partner will have the right to seek damages from you in
case there is any breach of its Intellectual Property Rights by you.
Except as explicitly provided herein, nothing in this
Agreement shall be deemed to create a license in or under any such Intellectual
Property Rights, and you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from any Application Content. Use of the
Application Content for any purpose not expressly permitted by this Agreement
is strictly prohibited.
ALERT DISCLAIMER
You understand and agree that any alerts provided to you
through the use of website and Products and Services may be delayed or
prevented by a variety of factors. The Company does its best to provide alerts
in a timely manner with accurate information. However, we neither guarantee the
delivery nor the accuracy of the content of any alert. You also agree that the
Company shall not be liable for any delays, failure to deliver, or misdirected
delivery of any alert; for any errors in the content of an alert; or for any
actions taken or not taken by you or any third party in reliance on an alert.
PRIVACY
Users of the website and Products and Services should refer
to the Company’s Privacy Policy for information about how The Company uses,
collects and discloses information to third parties. The Companies Privacy
Policy, which is hereby incorporated into this Agreement, explains how the
Company treats your personal information, and protects your privacy, when you
access the Application.
THIRD-PARTY LINKS
The Products and Services may contain links to third-party
websites, advertisers, services, special offers, or other events or activities
that are not owned or controlled by the Company. The Company does not endorse
or assume any responsibility for any such third-party Websites, information,
materials, products, or services. If you access a third party website from the
Products and Services, you do so at your own risk, and you understand that this
Agreement and the Company’s Privacy Policy do not apply to your use of such
Websites. You expressly relieve the Company from any and all liability arising
from your use of any third-party website, service, or content. Additionally,
your dealings with or participation in promotions of advertisers found on the
Products and Services, including payment and delivery of goods, and any other
terms (such as warranties) are solely between you and such advertisers. You
agree that the Company shall not be responsible for any loss or damage of any
sort relating to your dealings with such advertisers.
SECURITY
The Company cares about the integrity and security of your
personal information. However, we cannot guarantee that unauthorized third
parties will never be able to defeat our security measures or use your personal
information for improper purposes. You acknowledge that you provide your
personal information at your own risk.
INDEMNITY
You agree to defend, indemnify and hold harmless the Company
and its subsidiaries, agents, licensors, managers, and other affiliated
companies, and their employees, contractors, agents, officers and directors,
from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney’s fees)
arising from: (i) your use of and access to the website and Products and
Services, including any data or content transmitted or received by you; (ii)
your violation of any term of this Agreement, including without limitation your
breach of any of the representations and warranties above; (iii) your violation
of any third-party right, including without limitation any right of privacy or
Intellectual Property Rights; (iv) your violation of any applicable law, rule
or regulation; (v) any claim or damages that arise as a result of any of your
User Content or any that is submitted via your account; or (vi) any other
party’s access and use of the Service with your unique username, password or
other appropriate security code.
Further, you agree that, if you are using our Products and
Services on behalf of a business, that business accepts these terms. It will
hold harmless and indemnify the Company and its affiliates, officers, agents,
and employees from any claim, suit or action arising from or related to the use
of the Products and Services or violation of any of these terms, including any
liability or expense arising from claims, losses, damages, suits, judgments,
litigation costs and attorneys’ fees.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
The content on the website and all the products and services
are provided to you on an “AS-IS” and “AS AVAILABLE” basis.
The company makes no representations or warranties of any kind, express or
implied, as to the content or operation of the website or the products and
services. You expressly agree that your use of the products and services is at
your sole risk.The company makes no representations, warranties or guarantees,
express or implied, regarding the accuracy, reliability or completeness of the
content on the website or products and services, and expressly disclaims any
warranties of non-infringement or fitness fo a particular purpose. The company
makes no representation, warranty or guarantee that the content that may be
available through the website or products and services is free of infection
from any viruses or other code or computer programming routines that contain
contaminating or destructive properties or that are intended to damage,
surreptitiously intercept or expropriate any system, data or personal
information.
COMPANY’S LIABILITY FOR ITS PRODUCTS AND SERVICES
It is agreed by you that, when permitted by law, the
Company, will not in any way be responsible for loss profits, revenues, or
data, financial losses or indirect, special, consequential, exemplary, or
punitive damages. In all cases, the Company, will not be liable for any loss or
damage that is not reasonably foreseeable.
INTERPRETATION
The Company shall have the exclusive right to the interpret
the Terms of Use & Privacy Policy including any future amendment.
ARBITRATION
All disputes arising out of or incidental to the Policies
mentioned herein shall be settled through Arbitration before a sole Arbitrator
appointed by the Company, under the Arbitration and Conciliation Act 1996
[Indian Government Act] or as amended. The place of arbitration shall be
Mumbai, India
GOVERNING LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with
the Policies shall be governed by and construed in accordance with the law of
The Republic of India and the courts of Mumbai, Maharashtra Shall have the
exclusive jurisdiction to entertain any disputes.
LEGAL
The Company reserves the right in its sole discretion to
investigate and take legal action against anyone who engages in any illegal or
prohibited conduct or otherwise violates these Terms of Use, including without
limitation, removing the User Content from the web-site and/or terminating the
offending User’s ability to access the web-site and/or use the services.
NO OBJECTION:
User hereby express that it has no objection upon any
call/SMS/ Communication by the Company, any third party on its behalf or any
other party authorized by the Company, communicating to User with regard to the
Services. Notwithstanding User’s registration with National Do Not Call
Registry (In Fully or Partly blocked category under National Customer
Preference Register set up under Telecom Regulatory Authority of India), User
hereby expresses his interest and accord its willful consent to receive communication
(including commercial communication) in relation to the Company’s Services.
User further confirms that any communication, as mentioned hereinabove, shall
not be construed as Unsolicited Commercial Communication under the TRAI and
other alike authorities in other country’s guidelines and User has specifically
opted to receive communication in this regard on the telephone number provided
by the User
DEFAMING/THREAT
No customer shall threat or attempt to threat The Company or
any agent/employee etc., in any course or capacity to lodge or attempt to lodge
any civil or criminal complaint in any forum/court/tribunal in order to receive
any monetary or any other favour.
GRIEVANCE
The Company shall address any discrepancies and grievances
that you may have regarding the use of the Products and Services in a time
bound manner. For this purpose, the Company has designated a grievance officer
who shall redress the grievances within one month ‘from the date of receipt of
grievance.
Email ID: support@ekbf.com
SECURITY
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