This is an agreement between you and KVN Mail which governs your use of KVN Mail. By accessing KVN Mail, you are agreeing to accept and be bound by this agreement. Therefore, please review this agreement to your satisfaction. If you are not willing to accept each of the terms, conditions and notices of this agreement we will not grant you the permission to use KVN Mail and you will need to exit KVN Mail.
All contents included on KVN Mail, such as text, graphics, logos, button icons, images, etc. are the property of KVN Mail and is protected by copyright laws. The layout of all contents on KVN Mail are owned and copyrighted .The license being provided for use of any product or services are specifically governed by these terms and conditions and the specific purchase order stroke invoice containing the commercial and legal terms between the parties.
What you can do?
In exchange for your adhering to the terms of this agreement, KVN Mail grants you a limited, non-transferable license to use KVN Mail and the services /products offered by KVN Mail.
What you cannot do?
Other than as expressly provided in the clause above, you cannot copy, display or distribute any contents obtained from KVN Mail. You cannot under any circumstances modify, perform, reproduce, publish, license, create, transfer or sell any contents or services obtained from KVN Mail. In addition, you may not “frame” or otherwise use the pages or other contents or services found on KVN Mail on any other website. This means permission to use KVN Mail or contents will be narrowly construed by the Court in favour of KVN Mail. If you infringe our intellectual property rights or exceed the scope of permitted use of this license, you agree that KVN Mail would be irreparably injured and may obtain a Court order to enjoin you from further mischief. Protection offered to KVN Mail by this agreement will survive termination of any license.
No Unlawful or Prohibited Conduct
As a condition of your license to use KVN Mail, you warrant to us that you will not use KVN Mail in any way that is unlawful or prohibited by this agreement. If you violate this or any other term of this agreement, your license to use KVN Mail shall terminate immediately.
You use KVN Mail at your own risk
KVN Mail assume no responsibility for any consequence relating directly or indirectly to your use of KVN Mail or for any action or inaction that you take based on the services or other material provided by KVN Mail. You understand this and agree that you use KVN Mail at your own risk.,
User Suggestions and Submissions
You understand and agree that while KVN Mail appreciates your comments and suggestions concerning the services we provide, but KVN Mail cannot acknowledge or return any submitted or suggested drawings, notes, text or other ideas that you send to KVN Mail. If you send KVN Mail any such material or suggestions they shall be deemed the property of KVN Mail and KVN Mail shall not owe you any compensation or otherwise be liable for any use that we make of the drawings, notes, text or other ideas.
KVN Mail being engaged in the business related to email marketing would not be responsible for any kind of consequences /losses/damages/claims whatsoever being consequential/incidental/ancillary to the intended use of email marketing software products or services. Under the scheme of email marketing the role of KVN Mail is limited to providing software and services in relation to email marketing. Any information database etc. shall not be provided by KVN Mail. Further KVN Mail shall also not be responsible for any kind of incorrection inaccuracy errors omissions etc. in the database or information being transmitted by using the email marketing .Any information in relation to product or services being exchanged transmitted through the use of the products of KVN Mail shall be the sole responsibility of the party transiting such information and KVN Mail shall be kept indemnified by such buyer/party.
KVN Mail is also working under the reseller module under which we are appointing resellers for promoting marketing and selling the product. Under the reseller module the relation is that of principal to principal basis and KVN Mail, shall bear no responsibility whatsoever for any commitments/ terms and conditions etc. being delivered over and above the terms and conditions of KVN Mail.
KVN MAIL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. KVN MAIL HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENTS AND SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL KVN MAIL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR WITH ANY DELAY OR INABILITY TO USE KVN MAIL OR FOR ANY INFORMATION OR SERVICE OBTAINED THROUGH KVN MAIL OR OTHERWISE ARISING OUT OF THE USE OF KVN MAIL WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF KVN MAIL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES THE ABOVE DAMAGES MAY NOT APPLY TO YOU.
Links to Other Website
Indemnification and Hold Harmless
By accessing KVN Mail, you agree to hold harmless and indemnify KVN Mail, its owners, affiliates and agents from any liability, loss, claim or expense that results from or are in any way incidental to your use of KVN Mail, including but not limited to your violation of any terms or conditions of this agreement or your infringement of any intellectual property or other right of any person or entity. By entering into these terms and conditions you here by agree to keep indemnified KVN Mail from any third party claims whatsoever , further by using any product or service of KVN Mail any information data product etc. being delivered to any of the third parties shall be the sole responsibility of the party sending/transmitting such information across.
KVN Mail operates solely in India
Due to lack of uncertainty and lack of uniformity of laws in different countries, you understand and agree that KVN Mail operated solely in India. You are using the internet as your own agent to access and use KVN Mail from the local internet point of presence here in India and you are using the Internet as your agent to take delivery of any contents or services in India. This means that all services, operations, deliveries, performance and contacts of your business with KVN Mail occur solely in India.
Because KVN Mail operates solely in India, Indian laws govern this agreement. Since KVN Mail makes no warranties and assume no liabilities and you agree in this agreement to hold KVN Mail harmless you should have no reason to have a grievance with us. Should you nevertheless bring legal action against KVN Mail you irrevocably agree that it will be brought and maintained within one year after the claim arises in a court located at chennai in India or be barred. To discourage unwarranted litigation, you agree that if you sue us and don’t win, you will pay our legal costs, including fees for hiring the services of the counsels. If KVN Mail is required to enforce this agreement or our rights you agree that it is reasonable to send you legal notices and papers by electronic mail provided by you. KVN Mail’s failure to insist on strict enforcement of any provisions of this agreement shall not preclude us from enforcing it on future occasions.
When you made order occurs cost to us hence if your account remain unused with 24 hours, you will get 50% of refund. If email credits used or not used more than 24 hours we will not refund. We reserve the right to shut down campaigns at any time if we feel that you are abusing our system in any way and can not be refund your amount when our email systems has abused in any manner.
You agree that this site, products and service (which includes custom offerings) are provided on “As available” and an “As is” basis. By using the site and any services or products related to the site, which includes any action you take related to you reliance, is your risk. At KVN, we will not warrant this type of use of the services, site or products, and we do not claim that our site, products or services will be free of errors or without interruption. We offer no guarantee or warranty of your results from our site, services or products . We disclaim any warranties, both implied or otherwise, of fitness for a purpose, non-infringement or merchantability of the site or services. We will make no statement, written or oral, that will create warranty that is not specifically explained or contained in this agreement. If you breach the terms and conditions of any third party services or third parties, we are not responsible or liable. We are not liable for the reliability or accuracy of any third party services, opinion, advice, content or statements, which includes hosted events, services, products or surveys that is used or purchased from other customers or third party services. Any claim you assert after 12 months from the action underlying such claim will not be considered valid. We will make commercially reasonable strides to repair the products, services or sites related to the claim, as a remedy for non performance or failure of the site, services or products.
As the law permits, you release us from any liability or claims related to content on your site, materials you use with the site, products or services, the conduct of other customers, their subscribers, or issues that relate to the remote access of your devices or computers that allows our personnel to troubleshoot our services, products and sites.
Changes to this Agreement
KVN Mail can modify this agreement at any time, and such modifications shall be effective immediately after we post the modified agreement. For your convenience, the day this agreement was last modified will always be posted at the top of this agreement. You agree to review this agreement to your satisfaction whenever the posted date indicates that it has been modified since you last reviewed it. By continuing to access KVN Mail after modifications to this agreement are posted, you are agreeing to accept the agreement as modified.