Welcome to the Website at https://www.mykite.in/ (‘Site’) of Knowledge Integration for Technology Development.
By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Website in any manner for any purpose, you undertake and agree that you have fully read, understood and accepted this Agreement. If you do not agree to or do not wish to be bound by this Agreement, you may not access or otherwise use the Website in any manner If the User is a minor, he or she shall be the responsibility of his or her parent/guardian, who shall ensure that the User of this site adheres to these Terms. KITE reserves the right to modify or amend this Agreement without notice at any time. However, KITE shall update this Agreement on the Site. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
This Site is operated by KITE and is intended to be a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services or employment/internship/mentorship opportunities or for collaboration between solution seekers and providers or for discovery of information KITE is not a party to any negotiations that take place between the User(s) of the Site and it further not party to any agreement including but not limited to an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Website.
KITE does not control and is not liable in respect of or responsible for the quality, safety, accuracy, genuineness, lawfulness or availability of the information provided or products or services offered on the Website or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase or render or accept such services. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between KITE and any other party.
Spamming is proscribed. Spamming includes the broadcast of any form of content that can be interpreted as promotional, pornographic and other junk data, which the recipient has not specifically requested. AMTDC-IITM will immediately terminate the service / any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk data. By subscribing, you agree to be solely responsible for content published by you and you acknowledge AMTDC-IITM acts as a passive medium for the distribution and transmission of your data. You represent and warrant the content you furnish to AMTDC-IITM (a) does not violate any law, statute, ordinance or regulation; (b) is not defamatory, trade libellous, pornographic or obscene; (c) does not infringe on any third party's intellectual property or proprietary rights or rights of publicity or privacy; or (d) does not contain viruses or other similar harmful or deleterious programming routines. If you violate these stipulations, it will be treated as a punishable offence and you will be penalized. Further your rights to use the service and any other remedies available to AMTDC-IITM by law will stand to be and terminated.
3. SERVICES PROVIDED BY KITE
Through this Website, KITE intends to facilitate the following:
- Provide Connectivity & Knowledge Integration - create a charter to bring together academicians, innovators, entrepreneurs, industrial partners, young engineers and provide a repository of solution providers, resources, tools and knowledge base to solution seekers
- Promote Collaborative and Contract R&D - provide a forum to bring together real-world challenges of the Indian manufacturing sector and solution providers for product development through collaborative and contract R&D route
- Facilitate Skill Development - create assisted and self-learning tools for the dissemination of recent innovations, trends, promotion of innovation among fresh engineers, young entrepreneurs and higher education students.
- Facilitate discovery of information regarding the users (or) organization (or) data stored n the site
4. INTELLECTUAL PROPERTY
- KITE is the sole owner and the lawful licensee of all the rights to the Website and its content ("Website Content"). Website Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Website. The Website Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Website and the Website Content shall remain in KITE, its affiliates or licensors of the Website content, as the case may be.
- All rights, not otherwise claimed under this Agreement by KITE, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website or any offer displayed on or in connection with any service offered on the Website ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. KITE does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.
5. LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Website as a convenience to User(s). User(s) acknowledge and agree that KITE does not have any control over the content of such websites and/ or any information, resources or materials provided therein. KITE may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). KITE advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third-Party Websites prior to using or accessing such Third-Party Websites. Users acknowledge and agree that KITE has no control over any content offered on Third Party Websites, does not monitor such Third-Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third-Party Sites, or any content, products or services made available thereof.
6. REGISTERED USERS
To become a registered User(s) of the Website a proper procedure has been made available on the Website which is for the convenience of User(s). User(s) can become registered User(s) by filling an on-line registration form on the Website by providing the required information (including name, contact information, details of User(s) business, etc.). KITE will establish an account ("Account") for the User(s) upon successful registration and will assign a user alias ("User ID") and password ("Password") for log-in access to the User(s)’s Account. KITE may at its sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. Users will be responsible for the content of all the messages communicated through the account. User(s) registering on the Website on behalf of business entities represent and warrant that:
(a) they have the requisite authority to bind such business entity this Agreement;
(b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and
(c) all other information provided to KITE during the registration process is true, accurate, current and complete.
User(s) agree that by registering on the Website, they consent to the inclusion of their personal data/their organization’s information in KITE’s on-line database and authorize KITE to share such information with other User(s). KITE may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. KITE may suspend or terminate a registered membership at any time without any prior notification in the interest of KITE or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on KITE of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Website are in no manner a part of or affiliated to KITE.
User(s) further agree and consent to be contacted by KITE through phone calls, SMS notifications or any other means of communication, in respect to the services provided by KITE.
7. POSTING YOUR CONTENT/INFORMATION/PRODUCTS/SERVICES ON THE WEBSITE
Some content displayed on the Website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Website using the self-help submit and edit tools made at the respective sections of the Website User(s) may need to register and/or pay for using or availing some of these services. User(s) understand and agree that KITE in such case is not the author of the content and that neither KITE nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Website. User(s) further understand and agree KITE is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third-party content made available on the Website and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. KITE shall not be liable for a User(s) activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
(a). provide KITE with true, accurate, current and complete information
(b). maintain and promptly amend all information provided on the Website to keep it true, accurate, current and complete.
User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Website or provided to the Website or authorized by the User(s) for display on the Website, does not, and that the products/services represented thereby do not, violate any Third-Party Rights, and ensuring that it is posted with the permission of the owner(s) of such Third-Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and provide the services displayed on the Website, and that such manufacture, offer, sale, importation, distribution and rendering of those products/services violates no Third-Party Rights.
User(s) agree that they will not use KITE Content and/or KITE’s Services to send junk mail, chain letters or spamming. Further, registered User(s) of the Website agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information.
User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share or (ii) submit to KITE for display on the Website or transmit or sought to be transmitted through KITE’s Services content, material or information that does not and shall at no point:
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Belong to another person and to which User(s) do not have any right to;
- Be part of a scheme to defraud other User(s) of the Website or for any other unlawful purpose;
- Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
- Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third-Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defence equipment;
- Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, invasive of another’s privacy, including bodily privacy, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
- Be vulgar, obscene or contain or infer any pornographic products/services or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that competes with KITE
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or Otherwise create any liability for KITE.
KITE reserves the right in its sole discretion to remove any material/content/photos/offers/services/opportunities displayed on the Website which in KITE’s reasonable belief is unlawful or could subject KITE to liability or in violation of the Agreement or is otherwise found inappropriate in KITE’s opinion.
In connection with any of the foregoing, KITE reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by KITE, at its sole discretion. User(s) agree that KITE shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event KITE takes any of the actions mentioned in this provision.
User(s) understand and agree that the Website acts as a content integrator/collaborative platform and is not responsible for the information provided by User(s) and displayed on the Website.
8. INTERACTION BETWEEN USERS
KITE provides an on-line platform to facilitate interaction between knowledge seekers – givers, vendors-buyers, service providers-seekers, mentors-students, employer-employees and collaborators of products and services. KITE does not represent any of the parties in transactions and does not charge any commission for enabling any transaction.
User(s) are cautioned that there may be risks of dealing with people acting under false pretences on the Website. Website uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). KITE however, cannot and does not confirm each User(s)’s purported identity on the Website. KITE encourages User(s) to evaluate the User(s) with whom they would like to deal with and use common prudence while dealing with them.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Website and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction. Such risks include, but are not limited to, misrepresentation of products and services or opportunities, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
KITE reserves the right to add/modify/discontinue any of the features offered on the Website.
9. DISCLAIMER AND LIMITATION OF LIABILITY
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose, that this Website and its Content is free of viruses and other harmful components or that this Website and its Content is accurate or error free.
Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). You acknowledge that KITE is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for destruction, damage or unauthorized access to your computer system or network or for any losses caused due to any breach/misinformation provided by the Users on the Website. For the avoidance of doubt, it is clarified that KITE is not responsible or liable for the information/products/services/opportunities listed on the Website, and not liable for any loss caused therefrom or any defamatory, offensive or illegal conduct or material found in connection with this Site and its Content, including such conduct or material transmitted by any means by any other person.
In no event shall KITE be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever with respect to KITE’s Services.
User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. KITE respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities.
KITE reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
Under no circumstances shall KITE be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Notwithstanding anything to the contrary contained herein, the total liability of KITE shall not exceed. Rs. 1000/- (Rupees One Thousand only).
You agree to defend, indemnify and hold KITE together with their respective employees, agents, directors and officers from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Website including but not limited to the display of your Information on the Website, any transaction entered into with other Users on the Website, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties or any misrepresentation made by you.
If any provision of these Terms is found to be unlawful, void or unenforceable under any applicable law, then such provision is deemed severable from the other Terms and does not affect the validity or enforceability of the remaining provisions.
12. VARIATION OF TERMS
KITE is permitted to revise these Terms at any time as it deems fit, and by using this Website you are expected to review these Terms on a regular basis.
These Terms constitute the entire agreement between KITE and you in relation to your use of this Website, and supersede all prior agreements and understandings.
14. GOVERNING LAW AND JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of India, and you agree to submit to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu for resolution of any disputes arising out of or in connection with these Terms.