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Terms and Conditions

1. TERMS AND DEFINITIONS
Please note the meanings the following words have unless the context requires otherwise:

Agreement means the agreement between you and KOAUSA.ORG incorporating the Terms and Conditions contained herein.

Intellectual Property Rights means the following; all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.
Liability means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities.

Member means a person whose application for membership KOAUSA.ORG has accepted and whose membership remains valid at the current time.

Post/posted/posting means to display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on KOAUSA.ORG.

Profile means the section of the website where you post details about yourself including photographs and/or other information about you.

User means any person who browses the website.

We, Us, Our means KOAUSA.ORG.

You, Your, Yourself means the members have who had their application for a membership of the Service accepted by KOAUSA.ORG.

2. ELIGIBILITY FOR MEMBERS

Your acceptance of these Terms and Conditions warrants and represents to KOAUSA.ORG the following:

  • You are aged 18 or over. This service is for adults only (you must be at least 18 years old or the age of majority in the jurisdiction in which you reside, whichever is greater), although ADULTS can represent their children.
  • You do not have any convictions relating to any violent, harassment or sexual offence recorded against you.

If you cannot provide the warranties and representations set out above then you cannot apply for a membership with KOAUSA.ORG


3. NON COMMERCIAL USE BY MEMBERS

This website has been developed strictly for personal use of the individual Members only. The site will not be used in connection with any commercial activities. The services provided by this site are not available to any organisations, companies, and/or businesses wishing to become members.

Any Illegal and/or unauthorized use of this website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Illegal and/ or unauthorised use will include, but not limited to, collection of user information, usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website.

4. OBLIGATIONS OF KOAUSA.ORG’S MEMBERS

All site members understand and agree that KOAUSA.ORG reserves the right to monitor, review and delete any content such as messages, photos or profiles that in the sole opinion of KOAUSA.ORG violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
Members of KOAUSA.ORG are solely responsible for the Content that they publish or display (hereinafter, “post”) on the Website, or transmit to other Members.

Members of KOAUSA.ORG must use the Service in a manner that is consistent with any and all applicable laws and regulations

It is strictly prohibited for you to:

  • Include any of your personal details such as telephone numbers, addresses, e-mail addresses or URLs, or other information that allows other members to contact you directly, in areas of your profile other than those parts that specifically request this information.
  • Post, reproduce and/ or transmit content such as images and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties’ rights in (including but not limited to Intellectual Property Rights and/or privacy rights).
  • Post material promoting pirated computer programs or links to them.
  • Provide information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or promote any other illegal or unauthorized copy of another person’s copyrighted work.
  • Promote other internet sites, businesses and/ or services in any way including but not limited to Posting business e-mail addresses URL’s and/or other such telephone numbers in your Profile.
  • Advertise, buy or sell products and/or services through the Service or solicit other Members’ business; and engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid scheme etc.
  • Misuse any information posted on this website or the Service in any way.
  • Illegally try to gain unauthorised access to any of the information available on the Service or to any of the hardware and networks used in providing the Service; copy, in whole or in part any of the information on the website (including, but not limited to any information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement.
  • Transmit “junk e-mail”, “chain letters,” or unsolicited mass mailing or “spamming”; to the members of KOAUSA.ORG.
  • Part with, transfer, assign and/ or authorise any other persons to use your membership.
  • Transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which is illegal or prohibited on the website. KOAUSA.ORG reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes the following partial list of content that.
    • Is patently offensive to the online community, such as Content that promotes racism, pornography, sexually explicit material, bigotry, hatred or physical harm of any kind against any group or individual.
    • Is capable of offending other Users’ political and/or religious beliefs
    • Harasses or advocates harassment of another person
    • Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
    • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
    • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
    • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
    • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.


5. PROPRIETARY RIGHTS OF CONTENT ON KOAUSA.ORG AND CONFIDENTIALITY

All proprietary rights in the website and the Service are owned and retained by KOAUSA.ORG.
By agreeing to the terms and conditions contained herein, you warrant and represent to KOAUSA.ORG that the information that you have Posted in your Profile has been Posted by you and that you are the sole author of your Profile. You assign to KOAUSA.ORG with full title guarantee all copyright in your Profile and that in any jurisdiction, You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights.

The KOAUSA.ORG website contains the copyrighted material, trademarks, and other proprietary information of KOAUSA.ORG, and its licensors. You will keep such information confidential. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

KOAUSA.ORG will use reasonable commercial endeavours to ensure that we keep your personal details such as your surname, real e-mail address and credit card number(s) (where relevant) confidential, Such information will not be disclosed, except in circumstances where such information is public knowledge or there is a requirement for it to be disclosed by law.
6. COPYRIGHT POLICY

It is forbidden for the members of KOAUSA.ORG to post, transmit, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without first obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on KOAUSA.ORG in such a way that constitutes copyright infringement, the please contact us and provide the description of the copyrighted work that you claim has been infringed; a location on the website where the described material is located, your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is un-authorized by the copyright owner, and the information in your statement is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7. MEMBER DISPUTES

You are solely responsible for your interactions with other KOAUSA.ORG members. KOAUSA.ORG reserves the right, but has no obligation, to monitor disputes between you and other Members.

Any disputes that involve the KOAUSA.ORG website and/or the Service, by using the website, you agree that the dispute will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of the United Kingdom.

8. PRIVACY

Our Privacy Policy governs the use of the website and the services provided herein.


9. DISCLAIMERS

The KOAUSA.ORG website and the service are provided “AS-IS” and KOAUSA.ORG expressly disclaims any warranty of fitness for a particular purpose or non-infringement. KOAUSA.ORG cannot guarantee and does not promise any specific results from use of the website and/or the Service.

We are not responsible for any incorrect or inaccurate content posted on the website or in connection with the Service, whether caused by users of the website, Members or by any of the equipment or programming associated with or utilized in the Service.

We are not responsible for the conduct, whether online or offline, of any user of the website or Member of the Service.

We assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.

We shall not be responsible for any delay in the performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We re not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.

Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the website or the Service, any Content posted on the website or transmitted to Members, or any interactions between users of the website, whether online or offline.


10. LIMITATION ON LIABILITY

Except in jurisdictions where such provisions are restricted, in no event will KOAUSA.ORG be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions, arising from your use of the website or the Service, even if KOAUSA.ORG has been advised of the possibility of such damages.

KOAUSA.ORG will not be liable for any economic and/or other similar losses; and/or
special damages and indirect losses. You shall be under a duty to mitigate any loss, damage, costs or expenses that you may suffer.

KOAUSA.ORG will not be liable for any defect in the Service caused or contributed to by you and/or any other Member.

KOAUSA.ORG will not be liable to you if any monies owed by you to KOAUSA.ORG have not been paid in full by the due date for payment.

KOAUSA.ORG will not be liable for any Member’s and/or unauthorised User’s misuse of information and/or other material Posted by you on the Service and/or to other Members

KOAUSA.ORG will not be liable to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against KOAUSA.ORG.
Any claims for which KOAUSA.ORG is alleged liable shall be produced to KOAUSA.ORG with written evidence together with written details of how any loss that was caused by KOAUSA.ORG and the steps that have been taken by you to mitigate the loss before KOAUSA.ORG shall have any Liability for the claim by you.

KOAUSA.ORG will not be liable for incurring any costs and/or expenses in remedying a matter for which KOAUSA.ORG might be liable. you shall give KOAUSA.ORG a reasonable opportunity to remedy any matter for which KOAUSA.ORG is liable before you incur such costs.

This agreement does not exclude or limit your statutory rights, which may not be excluded or limited due to you acting as a consumer.

Nothing in this Agreement shall exclude or limit our liability which is due to KOAUSA.ORG’s fraud or any other liability which KOAUSA.ORG is not permitted to exclude or limit as a matter of law.

Notwithstanding anything to the contrary contained herein, KOAUSA.ORG’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to KOAUSA.ORG for the Service during the term of membership.


11. INDEMNITY

You agree to indemnify and hold KOAUSA.ORG, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), actions and any other losses, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.


12. OTHER

This Agreement, accepted upon use of the website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and KOAUSA.ORG regarding the use of the website and/or the Service. This is a legally binding Agreement between you and KOAUSA.ORG for the provision of the Service. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

These conditions (as amended by KOAUSA.ORG from time to time) supersede all terms and conditions and shall replace any terms and conditions previously notified to you.

KOAUSA.ORG reserves the right to vary these conditions at any time.

Any representations or warranties made concerning the service by our employees, subcontractors and/ or agents are deemed unauthorized unless confirmed by KOAUSA.ORG in writing.

KOAUSA.ORG reserves the right to monitor and remove for any reason any information, photographs and/or other material posted by you.

KOAUSA.ORG reserves the right to decline any applications for registration, and to terminate the membership at any time.
KOAUSA.ORG may on occasions change the service as necessary from by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.

13. PRICE AND PAYMENT TERMS
This is free service provided to the Kashmiri Pandit community.

14. YOUR PROFILE

By posting your profile on KOAUSA.ORG, you acknowledge that the profile will be available for other users to view.

KOAUSA.ORG may copy and/or reproduce any information posted by you on the website in any form and in any manner we wish; as a member of KOAUSA.ORG you understand that by posting content to any public area of the site, you automatically grant, and represent and warrant that you have the right to grant, to KOAUSA.ORG an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Any confidential or sensitive information disclosed to other users by yourself is done so entirely at your own risk.

By posting your profile on KOAUSA.ORG you declare that that all the information posted by you is free from inaccuracy and is true, complete and is not misleading will be updated by you on a regular basis to ensure that it remains accurate, true, complete and is not misleading.

KOAUSA.ORG reserves the right to review your Profile from time to time and to amend and/or delete it if we, in our sole discretion, think that it should be amended and/or deleted.
15. TERMINATION

KOAUSA.ORG has the right to terminate this agreement immediately if:

  • You breach the terms of agreement set out herein

  • KOAUSA.ORG does not receive within a reasonable time, from you sufficient information requested by us to enable KOAUSA.ORG to determine the accuracy and/or validity of any information you have posted.

  • Any of the information that you have posted, in our reasonable opinion is damaging or potentially damaging to the interests of KOAUSA.ORG

If any of the above events are true then KOAUSA.ORG also has the right to immediately suspend and/or terminate your access to the Service without notice.

16. GUARANTEE
The Service provided by KOAUSA.ORG is provided in its current form. KOAUSA.ORG offers no guarantees that the Service, or any of its elements will meet your requirements, purpose and/or expectations.
.
KOAUSA.ORG does not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service.

KOAUSA.ORG

does not guarantee the accuracy of any information and/or material provided in the Service.
17. USE OF THE SERVICE

KOAUSA.ORG is merely a forum for Members to Post information about them and to allow you to make contact with other Members through use of the Service if you choose to do so.

Any information posted by Members of the site on their profiles is only a description of how they describe themselves. Do not make the assumption that any of the information contained in any profile is necessarily correct and accurate.

KOAUSA.ORG offers no guarantees that any of the information contained in any profile is accurate and KOAUSA.ORG is under no obligation to verify any of the information contained in any of the profiles. KOAUSA.ORG does not check that the profiles are correct or misleading.
Ensure that you carry out the necessary investigation to satisfy yourself of the truth and accuracy of any information contained in any profile at your own cost, before acting on such information or on any information received by you through your use of the Service.
Any meetings arranged with any person through your use of the Service are done so at your own risk. It is advised that you take the necessary precautions to ensure your own safety.

18. GENERAL

No third parties shall have any right to enforce this Agreement. This however is not applicable to any members of Our group who shall have the right to enforce this Agreement as if they were KOAUSA.ORG. KOAUSA.ORG reserves the right to vary and/ or revoke the right of a third party to enforce this Agreement without the consent of the any such third party.

No waiver by KOAUSA.ORG of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.


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