Thank you for selecting Ponkathir.com (referred to as "Site", "Ponkathir.com", "Ponkathir", "we", "our", or "us"). Please read these Terms & conditions ("Terms") carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and its associated services (the "Agreement"). Ponkathir.com is owned and operated by KKR Group of Companies, Registered Address: MC Road, Okkal Post Office, Kalady, Ernakulam Dist, Perumbavoor, Kerala, India-688544.
2. USE CONSTITUTES ACCEPTANCE
By accessing the Site or registering as a user or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
4. THIRD PARTIES AND EXTERNAL LINKS
4.1 Links: This Site may provide, or third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
5. INTELLECTUAL PROPERTY
No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from the management of Ponkathir.
6. PERSONAL INFORMATION AND PRIVACY
7. YOUR CONTENTS
7.1 Your Product Reviews: You agree that we may use your reviews and other comments in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the reviews and comments you provide to Ponkathir in any way.
7.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Ponkathir in any way.
7.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer systems
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any laws concerning the use of public telecommunications networks.
- Interfering or disrupting networks or websites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
- Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
7.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
8. LIMITATIONS OF LIABILITY
The Site and Services are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We assume no liability for any:
- viruses or any other disabling features that affect your access to or use of the Site
- incompatibility between the Site and other websites, services, software and hardware.
- delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Site
- modification, suspension or discontinuance of any of the Site or our domain name or Services
- use of the Site including, without limitation, direct, indirect, incidental or consequential loss or damages or any loss of profits, loss of revenue business interruption, loss or programme or otherwise.
9. YOUR REPRESENTATIONS AND WARRANTIES
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
You agree to indemnify and hold harmless Ponkathir and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Ponkathir reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Ponkathir in the defence of any claims.
Ponkathir reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
12. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
13. INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outside India. If you choose to access this Site from a location outside India, you do so on your own initiative and you are responsible for compliance with local laws.
14. GENERAL PROVISIONS
14.2 Governing Law: This Agreement will be governed in all respects by the laws of India. The Parties may try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then the Parties irrevocably submit to the non-exclusive jurisdiction of the Indian courts.
14.3 Relationship of Parties : Parties are independent contractors and neither Party's employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.
14.4 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
14.5 Amendment: You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties.
14.6 Titles and HeadingsTitles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
14.7 Communication and NoticesYou consent to receive notices and information from us in respect of our Site and services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account / subscription with Ponkathir. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us at it@Ponkathir.com.
14.8 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
14.9 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties' intentions as reflected in it, and these terms otherwise remain in full force and effect.
14.10 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
14.11 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.