Terms of use

 

BY SUBSCRIBING, ACCESSING, BROWSING OR OTHERWISE USING WEBSITE YOU AGREE TO THE TERMS AND CONDITIONS UNDER THESE “TERMS OF USE”, SO PLEASE READ THE “TERMS OF USE” CAREFULLY, BEFORE PROCEEDING

TERMS OF USE 



1.          INTRODUCTION

 

1.1            Kronicle Research Private Limited, a private limited company incorporated under the Companies Act 2013, having corporate identification number U73200DL2017PTC315016 and having its registered office at D-77 2nd Floor, Defence Colony, New Delhi, South Delhi – 110024, IN (hereinafter referred to as the “KRPL”), owns and operates an online platform accessible through weblink www.kronicle.in (“Website”), which offers software solutions including Microsoft Word Add-in or any other software services (“Software(s)”) for the Users.

1.2        For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, “User” or "Users" shall mean any natural or legal person who has agreed to access the Website for subscribing the Software(s), which are being provided on Website. The Website also allows the User to surf without subscribing on the Website. The term "We", "Us", "Our" shall mean and refer to Company.

1.3        Your use of the Website and/or the Software(s) being offered therein are governed by these terms and conditions ("Terms of Use"). By subscribing to, or accessing and using the Software(s), You represent and warrant you have read and understood this Terms of Use, You have the authority to bind Your company or organization to this Terms of Use. By mere use of the Website, You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations, with Us. If You violate these Terms of Use, Your access to and use of the Website shall be considered as unauthorized.

1.4        We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without any prior notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes or publication of any additional or different disclaimers, notices on the Website will mean that You accept and agree to the revisions of the Terms of Use. As long as You comply with these Terms of Use, We grant You a non-exclusive, non-transferable, limited privilege to enter and use the Website and/or Software(s).

1.5        By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Website policies (including but not limited to Privacy Policy) as amended from time to time.


2.           ACCOUNT & REGISTRATION OBLIGATIONS

2.1        Users are required to signup and register for availing the Software(s) offered on the Website. User can do so by filling the required columns (as and when asked on the Website) and by validating their e-mail ID.

2.2        Each User requires a unique user ID and password to login and use the Software(s) on the Website. Authorised Users are allowed to choose their own credentials as long as their user IDs are not already in use, are not inappropriate or offensive and do not infringe upon anyone else’s rights. We do not authorize sharing user IDs.

2.4        You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your account and refuse to provide You with access to the Website.

2.4.1     You will not share Your account or password with anyone, and You must protect the security of Your account and Your password. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

2.4.4     You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under Your account.

2.5        Retrieve ID/Password: In circumstance, You forget or lose user ID or password, You can retrieve the same by following the FAQs.      

2.6        Subscription Change: Our Website provides packaging types and packaging modules, which entitles You to 1) make a-la-carte selections, or 2) select packages offered by the Website, or 3) create your own bouquets from the packages for the number of users selected. If You need to increase the number of users or modules, the subscription will be upgraded and the You hereby agree to pay the consequential increase in the subscription at the then current rates of such additional users and packaging modules.

 

2.7        Account restrictions & Legal Action: We may at our sole discretion suspend, block, restrict, cancel the account of such User and/or disqualify that User and any related Users who, files an invalid and/or false claims or provides false, incomplete, or misleading information. We reserve our right to initiate civil and/or criminal proceedings against such Users. In addition to the legal proceedings as aforesaid, We reserve the right to seek prosecution of any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information and may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.


3            AUTHORISED USERS OF BUSINESS ENTITIES

It is truly important that the business entity, which has subscribed to the Software(s) services on Website, closely monitors the status and identity of each User on its account – particularly Users to whom the business entity assigns administrative access. Each User has certain abilities and access rights provided by Us with respect to the services subscribed, and We assume no responsibility for acts inconsistent with this Terms of Use. Generally, the party who initially activated the account from User has the authority, during the period for which the party has paid for access to the account, to: (a) cancel the account (b) add, edit, and delete users (including the ability to grant or deny access to “administrative access” and grant or deny access to other functionalities in the Program ); and (c) access any and all data in the account, including the authority to contact Our support team.

4            PAYMENT AND FREE TRIAL

4.1       Free Trial

If the User registers for a free trial basis , We will make the Software(s) available on a trial basis and free of charge to the User till the end of the free trial period. If the Website includes additional terms and conditions on the trial registration web page, those will apply as well.

4.2      SUBSCRIPTION AND PAYMENT TERMS

4.2.1.     To subscribe for Software(s), You are required to choose from the plans (i.e. Sole Practitioner and Law Firms/Corporate Law Depts.) and purchase the subscription packages by paying the relevant fee. The details of the plans and the subscription packages along with pricing details are published on the website.

4.2.2.     All payments made against the Software(s) on Website by You shall be in either INR or USD. We will not facilitate transaction with respect to any other form of currency with respect to the transactions made on Website.

4.2.3.     You understand, accept and agree that the payment facility provided by Us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, for the transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, We are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

4.2.4.     You acknowledge that We will not be liable for any damages, interests or claims etc. resulting from any transaction made through the Website.

4.2.5.     While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

a)               lack of authorization for any transaction/s, or


b)              exceeding the present limit mutually agreed by You and between "Bank/s", or

c)               any payment issues arising out of the transaction, or

d)              decline of transaction for any other reason/s.


4.3.       During the subscription or free trial period

4.3.1.  the access to Software on the Website is/are provided “as is” and without any express or implied warranty of any kind;

4.3.2.  We may suspend, limit, or terminate the access to the Software(s) for any reason at any time without notice; and

4.3.3.   We will not be liable towards the User for damages of any kind related to the User’s use of the Software(s) on Website. Unless the User subscribes to the Software(s) on Website before the end of the free trial, all of User’s data on the service may be deleted at the end of the free trial and We may not be able to recover it.

4.4.       In circumstance of any cancellation of Your subscription, You will not be entitled to any refund for reasons not attributable to the Company.

5.           ACCESS

5.1        We will do our utmost to ensure that availability of Website or Software(s) services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5.2        You may from time to time receive updates/upgrades for Software(s) services from Us, which may be automatically downloaded and installed to Your device/systems or reflected on the Website and/or Software(s). These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software(s) services offered. You agree that We may automatically deliver such updates to You as part of Website and/or Software, and You shall receive and install them as required for continuous services or usage of the Software(s) services. .

5.3        When You use Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Website periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise. Medium of communication: The medium of communication on the Website shall be in English.

5.4        We reserve the right, without notice to You, to introduce new Software(s) and/or modify existing Software(s) along with fees.

 

6            USER REPRESENTATIONS AND WARRANTIES

 

6.1        You agree, undertake and confirm that Your use of the Website shall be strictly governed under the applicable laws, and You shall not host, display, upload, modify, publish, transmit, update, share, use or access or attempt to use or access any information which:

6.1.1     belongs to another person and to which You do not have any right to;

6.1.2     is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

6.1.3     infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

6.1.4     violates any applicable law or regulation for the time being in force;

6.1.5     deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

6.1.6     impersonate another person;

6.1.7     contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

6.1.8     threatens 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

6.1.10    that disrupts the normal flow of dialogue with an excessive number of messages to the Website, or that otherwise negatively affects other Users' ability to use the Website;

 

6.1.11    that is harmful to child;

 

6.1.12    attempt to gain unauthorized access to computer systems owned or controlled by the Company or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website;

 

6.2.          It is possible that other Users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website and/or Software(s) services , and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website. You must not use any mechanism to view or show any fields (or other data entities) for collecting or transmitting Website data to third parties without explicit written permission from Us. You must have adequate protections in order to keep secure and prevent any spurious or malicious usage or access of Website and/or Software(s) services.

 

6.3.          Except to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit or enable any third party to do, any of the following:


6.3.1.     use any of the information on the Website or of KRPL for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence system;

 

6.3.2.     use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the content, data or information from the Services, or otherwise use, access, or collect the content, data or information from the Services using automated means;


6.3.3.     use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;

 

6.3.4.     copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter or create derivative works of any part of the Services or any of our Intellectual Property;

 

6.3.5.     use the Services in any manner that impacts (i) the stability of our servers, (ii) the operation or performance of the Services or any User’s use of the Services, or (iii) the behavior of other applications using the Services;

 

6.3.6.     use or display the Services in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Services, or otherwise to our detriment or disadvantage;

 

6.3.7.     disassemble, reverse engineer, decode or decompile any part of the Services.

7.           INTELLECTUAL PROPERTY

7.1            Subject to Your compliance with these Terms of Use, We grant You a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use Website and subscribed Software(s); and (ii) access and use any content, information and related materials that may be made available on Website, in each case solely for Your personal or business (excluding any type of commercial use). Any rights not expressly granted herein are reserved by the Company.

 

7.2            All content on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Content or information available on the Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such content or information in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the Company, modification of the content or information, use of the content or information on any other platform or networked computer environment or use of the content or information for any purpose other than personal use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.


8.          DISCLAMER

8.1        The Company (including but not limited to Software(s), included on or otherwise made available to You through Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, We do not warrant that:

8.1.1.     Website or Software(s) will be uninterrupted, timely, secure or error-free; or

8.1.2.     the information on this Website is complete, true, accurate or non-misleading; or

8.1.3.     the ratings that may be obtained from use of the Website will always be accurate or reliable; or

8.1.4.     the quality of the Software(s) or any information, or other material purchased or obtained by You through the Website will meet Your expectations, or that any errors will be corrected; or

8.1.5.     the output generated by using machine learning, artificial intelligence, generative pretrained transformers will be satisfactory.


8.2.          Our Website may contain links to other websites; these external websites are not under Our control. We cannot be held responsible for such websites and cannot make any warranties about them. We provide these links because we think they might interest you, but we do not monitor or endorse these websites.

 

8.3.          We reserve the right, but do not have the obligation, to monitor Website or Software(s)and Your use thereto for violations of terms of this Terms of Use or any policies and manage Website and Software(s) in a manner designed to protect Our rights and property and to facilitate the proper functioning of Website and/or Software services offered therein.

 

8.4.          You and your end users are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of our Services. Our Services use machine learning models, generative pretrained transformers that generate predictions based on patterns in data and the generated output is only probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of such generated output.

9            INDEMNITY

 

9.1        You agree to defend, indemnify and hold Us, Our subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, representatives and agents (collectively, the “Indemnitees”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of Your use of Website and/or Software(s) services, including, without limitation Your use in violation of this Terms of Use, privacy Policy and other Policies or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

10          LIMITATION OF LIABILITY

10.1      To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from Your access to or use of Website or in connection with these Terms of Use and/or Your use of any Software.

10.2      In no event shall the aggregate liability of the Company exceed the actual amount received by the Company, if any, against the disputed Software giving rise to the claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Company have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


11          CONTACT INFORMATION

 

For any issue related to usage of the Website or Software(s), User may contact support by sending an email to support@kronicle.com or by raising a support ticket from the Website service desk accessible from the Website. Only the Customer or the Customer’s authorized user may contact Website’s support teams.


12          SUBMISSIONS AND FEEDBACK

You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or Software(s) ("Submissions") provided by You are non-confidential and We (as well as any of our designee) shall be entitled to an unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

13         PAYMENT GATEWAY

All valid credit cards, debit cards and other payment instruments are processed using payment gateways or appropriate payment system infrastructure. Same will also be governed by the terms and conditions agreed to between You and the respective issuing bank.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to You. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between You and the respective issuing bank.

14        MISCELLANEOUS

14.1      Severability: If any part of this Terms of Use is declared void, voidable, illegal, invalid or unenforceable under the applicable law, such part shall be severed, and the remainder of the Terms of Use will continue be valid and enforceable.

14.2      Survival: Any provisions of this Terms of Use that, in order to fulfil the purposes of such provisions, need to survive the termination or expiration of this Terms of Use, shall be deemed to survive for as long as necessary to fulfil such purposes.

14.3      Applicable Law: Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi. User undertakes to / shall comply with all the applicable ;aws applicable to them respectively.

14.4      Dispute Resolution: In the event of any dispute, controversy or claim arising out of or relating in any way to services availed by You under this Terms of Use, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of this Terms of Use, then You shall notify Us in writing about the said dispute, controversy, or claim.

14.5      Online Arbitration: Should the dispute not be resolved within 30 days, You shall seek remedies exclusively through online arbitration which shall be conducted in accordance with the ADReS Now Rules of Arbitration ("ADReS Now Rules") at the ADRESNOW Online Dispute Resolution Portal (https://www.adresnow.com/). The arbitration shall be conducted online by sole arbitrator appointed in terms the ADReS Now Rules. Irrespective of the location of the counterparty to this contract or the arbitrator, the seat of the arbitration shall be deemed to be New Delhi. You specifically waive Your right to approach any court with jurisdiction for interim or injunctive reliefs, unless with respect to a proceeding to enforce this arbitration agreement.

14.6      Electronic record: This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

14.7.   Termination: We 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 Terms of Use. Following termination, You will not be permitted to use the Website and Company may, in its sole discretion and without advance notice to You, cancel any outstanding orders for Products. If Your access to the Website is terminated, We reserves the right to exercise by whatever means it deems necessary to prevent unauthorized access of the Website by You.

14.8.    Marketing and Promotion: By accepting the Terms of Use, You also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by You. By accessing and using the Website and/ or verifying Your contact number with Us, You explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from the Company and/or Our authorized representatives regarding any new services or offerings, even if Your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018. You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from the Company at any time by following the instructions set out in such communications.

14.9.     Cookies: We shall have the right to store “cookies” on the Users system during use of the Website. These cookies allow the Users to be automatically identified as a user upon his next use of the Website. You shall have the right to block the storage of cookies or delete cookies by making the appropriate browser settings.

14.10.  Assignment: You may not assign Your rights and obligations under this Terms of Use to anyone. We may assign its rights and obligations under this Terms of Use in its sole discretion and without advance notice to You.

14.11.  Domestic Use: We makes no representation that the Website or Software(s) are appropriate or available for use in locations outside India. 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 and shall abide by the exclusive jurisdiction of the Courts in New Delhi only.

14.12.  Force Majeure: In no event, shall the Company be held responsible or liable for any delay or performance of its obligations hereunder arising out of or caused by directly or indirectly, beyond its control including but not limited to reasons like act of God, labour unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues or any other reason beyond the control of the Company (“Force Majeure Events”).