Please read these Terms of Service Agreement carefully. By using this Web Portal you agree to be bound by all of the Terms and Conditions of this Agreement.
This Terms of Service Agreement (the "Agreement") governs your use of this Website, www.happybirthdaygift.in (the "Website"), Krishna Sri Paripurna Foundation ("Company Name") offer of services for purchase on this Website, or your purchase of services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Krishna Sri Paripurna Foundation reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Krishna Sri Paripurna Foundation encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Krishna Sri Paripurna Foundation for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
I. WEBSITE
Content, Intellectual Property, Third Party Links.
In addition to making Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third- party websites. Krishna Sri Paripurna Foundation does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Krishna Sri Paripurna Foundation does create the content on this Website, such content is protected by intellectual property laws of the 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, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Krishna Sri Paripurna Foundation does not endorse the contents on any such third-party websites. Krishna Sri Paripurna Foundation 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. 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.
Use of Website.
Krishna Sri Paripurna Foundation is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell services and/or material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
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, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Krishna Sri Paripurna Foundation or the applicable third party (if third party content is at issue).
Posting.
By posting, storing, or transmitting any content on the Website, you hereby grant Krishna Sri Paripurna Foundation a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Krishna Sri Paripurna Foundation does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Krishna Sri Paripurna Foundation is not liable for any damage or harm resulting from any posts by or interactions between users. Krishna Sri Paripurna Foundation reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content that deems objectionable, is Krishna Sri Paripurna Foundation's sole discretion.
II. LIMITATION OF LIABILITY
Krishna Sri Paripurna Foundation entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and services and/or for any breach of this Agreement is solely limited to the amount you paid, less handling and others, for services obtained via the website.
Krishna Sri Paripurna Foundation will not be liable for any direct, indirect, special or consequential damages in connection with this Agreement or the services in any manner, including liabilities resulting from the use or the inability to use the website content or products.
III. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Krishna Sri Paripurna Foundation 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, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services ; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Krishna Sri Paripurna Foundation. When Krishna Sri Paripurna Foundation is threatened with suit or sued by a third party, Krishna Sri Paripurna Foundation may seek written assurances from you concerning your promise to indemnify Krishna Sri Paripurna Foundation; your failure to provide such assurances may be considered by Krishna Sri Paripurna Foundation to be a material breach of this Agreement. Krishna Sri Paripurna Foundation will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Krishna Sri Paripurna Foundation choice at its expense. Krishna Sri Paripurna Foundation will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Krishna Sri Paripurna Foundation against any claim, but you must receive Krishna Sri Paripurna Foundation 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 or Services.
IV. JURISDICTION
This Website originates from the Bangalore City, Karnataka State. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor Krishna Sri Paripurna Foundation will commence or 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, other than in courts located in Bangalore City. By using this Website or obtaining services, 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.
V. GENERAL
Force Majeure. Krishna Sri Paripurna Foundation will not be deemed 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, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Krishna Sri Paripurna Foundation may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Krishna Sri Paripurna Foundation and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Krishna Sri Paripurna Foundation 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 endeavor 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.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this Agreement
Termination. Krishna Sri Paripurna Foundation 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. If your access to the Website is terminated, Krishna Sri Paripurna Foundation Krishna Sri Paripurna Foundation reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Krishna Sri Paripurna Foundation chooses, in its sole discretion and without advance to you, to terminate it.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Krishna Sri Paripurna Foundation may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
VI. PRIVACY
Krishna Sri Paripurna Foundation believes strongly in protecting user privacy and providing you with notice of use of data. Please refer to Krishna Sri Paripurna Foundation privacy policy, incorporated by reference herein that is posted on the Website.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.