Website Terms of Use
Thank you for visiting our website. These Kir & Caviar® Website Terms of Use ("Terms of Use") govern your use and enjoyment of, and apply to, the entire group of websites and webpages owned, operated, licensed or controlled by Kir & Caviar Destinations or their affiliates (collectively, the "Operator"), including but not limited to all webpages located at the top level domain name kirandcaviar.com, and any social media webpages created by Operator (collectively, the "Website"). The Website is provided to inform website visitors and Kir & Caviar® members about the opportunities, services, benefits and privileges made available through Kir & Caviar® or otherwise offered by Operator and to assist those persons in availing themselves of such opportunities, services, benefits and privileges. The terms "we", "us", "our" and "Operator" refer to Operator. The terms "you," "your," and "visitor" refer to all Website visitors.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your consent to these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree to these Terms of Use, please do not use the Website. We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these Terms of Use at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Website. Please check these Terms of Use periodically for changes. Your continued use of the Website following the posting of such changes constitutes your affirmative acceptance of such changes.
1. Website Use. As a condition of your use of the Website, you represent and warrant that (a) you are at least 21 years of age and possess the legal authority to create a binding obligation; (b) you will use the Website subject to and in accordance with these Terms of Use; (c) you will only use the Website for personal enjoyment for yourself and other persons for whom you are legally authorized to act; (d) all information which you have supplied to Operator is true, accurate, current and complete; and (e) our representatives may offer products and services to you via email, telephone or mail and you consent and agree to receive such offers. We retain the right at our sole discretion to deny access to anyone to the Website and the opportunities, services, benefits and privileges we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
2. Prohibited Activities. The content and information on the Website (including, but not limited to, price and availability of Kir & Caviar® opportunities, services, benefits and privileges made available by Operator), as well as the infrastructure used to provide such content and information, is proprietary to us or our agents, representatives and vendors. While you may make limited copies of Kir & Caviar® documents and materials specifically provided by us to you on the Website in accordance with the section entitled "Limited License" below, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. In addition, you agree not to (a) use the Website or its contents for any commercial purpose; (b) access, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (d) take any action that imposes, or may impose (in our sole and absolute discretion), an unreasonable or disproportionately large load on our infrastructure; (e) establish any links or deep-links to any portion of the Website, or "mirror," "frame" or otherwise incorporate any part of the Website into any other website (excepting that you may engage in customary "tagging," "like-ing" and linking in respect to any social media webpages created by Operator from and relating to your personal webpage created on such social media website, subject to the terms of use thereof), without our prior written authorization.
3. Limited License. You should assume that everything that you read or see on the Website is copyrighted or otherwise protected and owned by Operator or some third party who licensed to Operator the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Website may be copied or used without the prior written approval of Operator. We grant you permission to print individual pages from the Website, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the opportunities, services, benefits and privileges made available by Operator. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not (a) use the materials for any commercial purpose or for any public display (commercial or noncommercial), (b) remove any copyright or other proprietary notations from the materials; and (c) transfer or post the materials. The permissions granted hereunder shall automatically terminate if you violate any of these restrictions and may be terminated or modified by Operator at any time.
4. Website "As Is". We do not represent or warrant that you will have continuous or uninterrupted access to the Website or that of the functions of the Website will be error free. The Website is provided to you "as is" and "as available," and Operator and its service providers make no representation or warranty relating to the Website, including, without limitation, its performance, availability, content, or functions. Your sole remedy for any failure or non-performance of the Website shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the Website.
5. Additional Copyright and Trademark Notices. All contents of the Website are: © 2013 Best of 52, LLC. All rights reserved. Operator is not responsible for content on websites operated by parties other than Operator. No license or right is granted by implication, estoppel or any other means to use any trademark appearing on the Website. Operator vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur in preventing the misuse or misappropriation of its property.
6. Reviews, Comments and Submissions. You agree not to upload, post or otherwise submit or cause to be submitted content to the Website absent Operator's providing an express, readily accessible posting forum on the Website, such as a "comments" or "feedback" webpage or a "wall" or similar mechanism on a social media webpage created by Operator. In the event that we do provide you the opportunity to upload, post or otherwise submit content to the Website, please be aware that by submitting content to the Website by email, posting or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Operator a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; (b) use the name that you submit in connection with such Submission; and (c) provide attribution of your Submissions (for example, listing your name and hometown) at our discretion. You further grant Operator the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms of Use. If you upload, post or otherwise submit any Submissions, you represent to us that you have all the necessary legal rights to upload, post or otherwise submit the content thereof and grant to Operator the rights in respect to such Submissions as set forth herein, and that neither the Submission not the use thereof by Operator will violate any law or the rights of any person. You acknowledge and agree that any and all Submissions are non-confidential and non-proprietary. We have no obligation to post your Submissions or desired Submissions and we reserve the right in our absolute discretion to determine which Submissions are published on the Website. You are fully responsible for the content of your Submissions and we take no responsibility and assume no liability for any Submissions. You are prohibited from posting or transmitting to or from the Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for, and agree to indemnify and hold Operator and its employees and agents harmless from, any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of any Submission. You acknowledge that Operator may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. Notwithstanding our right to monitor or remove any Submissions, we do not endorse any Submissions made by you or any other person which have not removed.
7. Links or Pointers to Other Websites. Operator makes no representations about any other website that you may access through our Website. When you access a non - Kir & Caviar® website, please understand that it is independent from us, and that we have no control over the content thereon. In addition, a hyperlink to a non- Kir & Caviar® website does not mean that we endorse or accept any responsibility for the content or use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Access to any third party website linked to our Website is entirely at your own risk.
8. Operator. The operator of Kir & Caviar® is Kir & Caviar Destinations, Pvt Ltd, Operator's address, is 301 Marvel Grandeur, Riverside Estates, 12 Boat Club Road, Pune, Maharashtra 411001, This email address is being protected from spambots. You need JavaScript enabled to view it. . Operator and its authorized agents, representatives, vendors, successors or assigns may perform Operator's obligations and exercise its rights hereunder.
9. Electronic Signature Consent.
(a) Consent. Operator requires that, except as otherwise provided herein, all of our written communications to you be conducted by electronic means. By accessing and using the Website, you affirmatively consent and agree (initially and on an ongoing basis) that we may electronically provide to you these Terms of Use and all other disclosures, agreements, contracts, rules and regulations and other receipts, modifications, amendments and all other documents relating to your use of the Website (collectively, "Electronic Records"). All Electronic Records may be delivered to your Provided Email Address (as defined below) or we may post such Electronic Records on our Website. We reserve the right to send any or all records to you in paper form to your current postal mailing address in our file, as applicable. Electronic notices shall have the same effect as if sent to you in paper form.
(b) Scope and Withdrawal of Consent. Your consent to receive communications electronically, and our agreement to do so, applies to all Electronic Records. Your consent also permits the general use of electronic signatures in connection with your use of the Website and any opportunities, services, benefits and privileges made available by Operator, and you agree to be bound whenever you click on an "Agree", "Accept" or similar button on the Website, at which time a valid, binding and enforceable electronic contract will be formed. Operator is an Internet-based service provider; therefore; the withdrawal of your consent to electronically do business with us may result in the termination of any opportunity you may have to receive any opportunities, services, benefits and privileges made available by Operator. Withdrawal may be performed by submitting a tangible, non-electronic request to us at 301 Marvel Grandeur, Riverside Estates, 12 Boat Club Road, Pune, Maharashtra - 411001 Attn: Electronic Records, and subsequently confirming such request via telephone. Withdrawal will not affect the legal validity and enforceability of prior Electronic Records.
(c) Paper Copy. You have a right to receive a paper copy of these Terms of Use and any other Electronic Records if applicable law specifically requires us to provide such documentation. To request a paper copy you must submit a tangible, non-electronic request to us at 301 Marvel Grandeur, Riverside Estates, 12 Boat Club Road, Pune, Maharashtra - 411001 Attn: Electronic Records, with the details of your request. Paper copies will be provided to you at no charge within fourteen (14) days of receipt of the written request.
(d) Equipment and Software Requirements. To receive Electronic Records and to access our Website, you need to have a computer with (i) access to the Website, (ii) an active email account at the Provided Email Address, (iii) Microsoft Internet Explorer 7.0 or higher or Google Chrome, Mozilla FireFox or Safari, and (iv) Adobe Acrobat Reader™ 7.0 or higher. By accessing the Website, you represent that you have such equipment and software and that you are able to download, access, read, review, print and store the Electronic Records we provide to you. We will update these Terms of Use in the event that we change hardware or software requirements which will materially affect your ability to access any Electronic Records.
(e) E-mail Communication. Your "Provided Email Address" is any email address that you provide to Operator or, if you are a Kir & Caviar® member, the e-mail address provided with your membership registration, or any substitute therefor. You acknowledge and agree that the Internet is inherently insecure, and that we have no liability to you for any loss, claim or damage arising or in any way related to our response(s) to any e-mail or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the Provided Email Address. Any e-mail returned to us undelivered may be re-sent to you at any other e-mail address that we have in your file, unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us in the event that a communication cannot be authenticated to our satisfaction.
10. Privacy and Your Account. We believe in protecting your privacy. Personal information that you provide to us is subject to our <<< Privacy Policy>>>, which also governs your use of the Website. At the current stage we have decided to forego a password for any registered member as we will not share or display any of the personal information via the website. However this does not preclude the possibility that the Operator could, at a future time institute a username and password based membership. If you have registered on the Website and selected a username and/or password, you are prohibited from sharing your password with anyone except that Kir & Caviar® members shall be permitted to share such username and password with co-members. You must notify Operator immediately if your password becomes compromised. You are fully liable for (i) all of your activities or omissions in connection with the Website and (ii) all activities on the Website originating from your username and password, including unauthorized use.
11. Limitation of Liability; Disclaimer; Indemnification. Your use and browsing of the Website and the materials set forth thereon are at your risk. If you are dissatisfied with the Website or any materials provided thereon, or with these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website. In no event will Operator or its members, managers, officers, directors, employees, parent company, subsidiaries, affiliates, agents or third party service providers and property owners (the "Indemnitees") be liable for, and you hereby release the Indemnitees from and waive all claims whatsoever for (a) any consequential, indirect, incidental, special, or punitive damages, under any legal theory including, but not limited to, breach of contract or negligence; and (b) any damages, losses, penalties, expenses or costs resulting from any act or omission of any other individual or entity in connection with your use of the Website and any liability of such persons in connection with any claim or action arising out of or in connection with your use of, or inability to use, the Website or the materials located thereon shall be limited to reimbursement of amounts which you have paid to Operator. Operator has used reasonable efforts in collecting, preparing and providing quality information and materials, but does not warrant or guarantee the accuracy, completeness or adequacy of the information contained in or linked to the Website. Users of information from the Website or links do so at their own risk. We assume no liability or responsibility for any errors or omissions in the content of the Website. While Operator may make changes to the information on the Website or to any of the opportunities, services, benefits and privileges offered by Operator at any time without notice, Operator makes no commitment to update any information on the Website. You agree to indemnify and hold the Indemnitees forever harmless from any and all loss, cost, claim, injury, damage or liability (including reasonable attorney's fees) sustained or incurred resulting from your breach of these Terms of Use, your use of the Website, any fraud committed by you, any violation of laws or rights of a third party by you, unless the same results from the gross negligence or willful misconduct of any of the Indemnitees. We reserve the right, at your expense, to assume the exclusive defense of any matter subject to indemnification by you, and you agree to cooperate with us in such defense.
12. Choice of Law; Jurisdiction; Venue. The Website is operated by an Indian entity headquartered in Pune, India and these Terms of Use and your use of the Website shall be governed by and construed in accordance with the laws of the State of Maharashtra, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to these Terms of Use and/or your use of the Website may only be brought in a court of competent jurisdiction in the City of Pune,(State of Maharashtra), and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto. In any action arising under, out of, in connection with or in relation to these Terms of Use and/or your use of the Website, the prevailing party will be entitled to costs and attorney's fees. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.
13. General. You agree that no joint venture, partnership, or employment relationship exists between you and Operator as a result of these Terms of Use or your use of the Website. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to these Terms of Use or your access or use of the Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. In the event that portion of or any specific terms of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired, and such provisions shall be limited or eliminated to the minimum extent necessary so these Terms of Use shall otherwise remain in full force and effect. Our failure or delay in enforcing any provision of these Terms of Use at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. These Terms of Use (and any other terms and conditions referenced herein, including, in the case of Kir & Caviar® members, all Kir & Caviar® documents) constitutes the entire agreement between you and Operator with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Operator with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on the Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
14. Kir & Caviar Members. If you are a Kir & Caviar® member, these Terms of Use shall be considered a Kir & Caviar® Document as referenced in your Kir & Caviar® Membership Terms and Conditions. In the event of any conflict between these Terms of Use and your Kir & Caviar® Membership Terms and Conditions, the terms of Kir & Caviar® Membership Terms and Conditions shall control. By way of example and notwithstanding the language of the above section entitled "Choice of Law; Jurisdiction; Venue" to the contrary, all Kir & Caviar® members shall be subject to the choice of law and jurisdiction/venue/arbitration provisions set forth in the Kir & Caviar® Membership Terms and Conditions.
