KYN | TERMS & CONDITIONS

KYN TERMS AND CONDITIONS

1. SCOPE

1.1 KYNhood Technologies Private Limited is a private limited company incorporated in India. We operate through our mobile application and website at https://www.kynhood.com/("Platform"). The terms "KYN", "we", "us" and "our" refer to KYNhood. We offer this platform, including all information, tools and services available from this Platform the user ("you", "your", "user"), conditional upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT APPLY.

1.2 Please note that KYN reserves the right to revise this Terms at any time by posting an update to this page. Your continued use of the Platform or Services following the posting of changes to these Terms will mean you accept those changes. If you do not agree to the Terms at any time, your sole recourse will be to stop using the Platform. These Terms expressly supersede prior agreements or arrangements with you. KYN reserves the right, in its sole discretion, to determine if you have violated the Terms and to take any action it deems appropriate. You acknowledge that KYN shall have the right to terminate your access to the Platform or Services for violations of any of these rules, including repeat infringement of intellectual property rights.

2. ACCESSING THE PLATFORM

2.1 It is your responsibility to ensure that you have made all necessary arrangements in order to access the Platform. We shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Platform.

2.2 By using the Platform, you represent and warrant that:

You have the lawful authority and capacity to contract and be bound by these Terms;
If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
You will comply with all applicable laws and regulations.

2.3 These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Platform after any such changes shall constitute your consent to such changes.

2.4 We may discontinue or suspend the Platform or terminate the use of the Platform. We reserve the right to at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice without any liability whatsoever. KYN reserves the right to suspend / cancel, or discontinue any or all channels, categories, products or service or any part thereof at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.

2.5 KYN shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Platform. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that KYN, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

2.6 Our Platform (including all text, photographs, graphics, video and audio content contained on the Platform) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. Hence, all articles, blogs, videos, content and other elements comprising our Platform are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all copyright notices / restrictions on the Platform.

3. USE OF SERVICES AND/OR THE PLATFORM

3.1 KYN grants you a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform, solely for your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform shall be subject to the following representations and warranties:

You may only access the Platform using authorized and lawful means;
You shall provide your true and accurate details/data for the process of sign-up and usage of the Platform;
The content live streamed/telecasted by KYN through the Platform is either self-generated or live streamed/telecasted after obtaining the consent of the user and we hold the absolute and sole ownership over the said content at all points in time;
We have the right to post/stream/telecast user content after duly obtaining the user’s consent.
We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by you to signup/register with the Platform for such access or due to any other reasons whatsoever.

3.2 Any configuration or set up of the devices for access to the Platform shall be your sole responsibility.

3.3 In the access or use of the Platform, you shall comply with all the Terms and the special warnings or instructions for access or use posted on the Website. You shall always conduct yourself in accordance with the law, custom and in good faith. You may not make any changes or alterations to the Platform or any content or services that may appear on this Platform and You may also not impair in any way the integrity or operation of the Platform. Without limiting the generality of any other provision of these Terms, if you default negligently or wilfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to us, our affiliates, subsidiaries, partners or licensors.

3.4 KYN collects, stores, processes and uses your information in accordance with its Privacy Policy available at [•] (“Privacy Policy”). By using the Platform and/or availing the Services, you will be required to provide your Personal Information (as defined in the Privacy Policy).

3.5 You will not take any action that interferes with, degrades or adversely affects KYN and/or the Platform.

3.6 You will not use the Platform in a manner that: (i) is prohibited by any law or regulation or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) will violate or tamper with the security of the Platform.

3.7 You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any infringing, inappropriate, harassing, abusive, unsafe, defamatory, libelous, obscene or tortious material, illegal or deceptive content or store/ transmit any malicious code. KYN reserves the right (but does not have an obligation) to monitor, edit or such content that KYN determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

3.8 In the use of the Platform, you shall not a) sell, rent, lease, use collectively, record, license, sublicense, share, distribute, publicly communicate, transfer or exploit in any other manner the software of the Platform; (b) decompile, disassemble, or reverse engineer the Platform software, in whole or in part, and you shall not attempt to obtain in any manner the software source code, and shall not carry out any action to the detriment of KYN’s intellectual property rights or those of its suppliers, licensors, advertisers, any users or third parties; (c) make copies, execute, publish, or reproduce the Platform software; (d) develop any derivative works or any type of Platform software program, or any other confidential information of KYN; (e) make available, reveal, disclose, offer, develop methods for or allow the use of Platform software by third parties, without the prior written consent of KYN; (f) alter or modify the Platform software; (g) reject, avoid, elude, remove, deactivate, or evade, in any way, any protection mechanism of the Platform software, including without limitation any mechanism used to restrict or control Platform software functions; (h) disclose to any third party any benchmarking or comparative study involving the Software; (i) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website; (j) spam, phish, pharm, pretext, spider, crawl, or scrape.  You shall not delete, remove, hide, move, or alter any trademark, logo, icon, image, or text that represents the KYN’s name, any derivation thereof, or any icon, image, or text that is likely to be confused with the same.

3.9 You will not attempt to gain unauthorized access to any information connected to the Platform/Services, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you. Any user id and password you may have for this Platform are confidential and you must maintain confidentiality of such information.

3.10 You shall be solely responsible for: (i) procuring and maintaining your network connections and telecommunications links, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

3.11 The Platform may contain links to third-party websites or services. These linked websites are solely provided for your convenience and KYN does not in any manner endorse such third-party websites. You acknowledge that your use of such third-party websites is at your discretion. We do not undertake any responsibility for the availability or actions of such third-party websites, which are subject to the third party’s terms and conditions and privacy policy.

4. OUR RIGHT TO USE MATERIALS YOU SUBMIT OR POST

When you submit or post any material via the Platform, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Platform, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you. The ownership and liability of the content you submit or post on the Platform shall rest with you at all points in time.

5. ACCOUNT

5.1 You agree to register prior to uploading any content and / or comment and any other use of the Platform and provide your details including but not limited to complete name, age, email address, residential address, contact number.

5.2 By creating an account upon agreeing to the Terms, you represent that you are at least the age of majority in your country of residence, and we assume that any minor (if at all) accessing this Platform is under the supervision of a guardian who is of age. You will be responsible for maintaining the confidentiality of your account, password, and restricting access to your computer. You hereby accept responsibility for all the activities that occur under your account and your password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

5.3 In case of any breach in security in your account, you should contact us immediately vide email at [email protected] or through a phone call on 90424 17732. If We have found a breach or suspected breach of the security in your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to us.

5.4 You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Platform. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

6. TERMINATION AND DELETION OF USER ACCOUNT

6.1 If your user account has not been active/used/signed/logged into for a continuous period of 24 (Twenty-Four) months, then, KYN reserves the right to deactivate the account. You will be required to request in writing in case you wish to re-activate your account and such request shall be proceeded with and actioned and/or rejected by KYN at its sole discretion.

6.2 You shall provide your true and accurate details during the sign-up and usage of the platform, failing which KYN reserves the right to restrict your access or terminate your account. In the event KYN suspects that the details provided by you is fictious or falsified, KYN reserves the right to terminate your account.

6.3 You can delete your user account voluntarily and in such an event, KYN reserves to retain your personal data/information/details provided by you for creation of the user account and the content within your account for such period as required and/or permissible by law.

7. USE OF PLATFORM FOR BOOKING EVENT TICKETS

7.1 You can book your tickets for attending any event on the Platform by pressing the ‘Book Now’ button.

7.2 KYN will not manipulate the price of the tickets to gain unreasonable profits or discriminate between consumers of the same class or make any arbitrary classification of consumer.

7.3 Details like event organizer’s name, event description, address, customer care number, and all other additional details if any of the event organizer will be made available to you when you opt to book ticket for an event.

7.4 KYN acts only as a booking platform, it shall not have any liability whatsoever for any aspect of the arrangements between you and the event organizer user with respect to the event that is conducted by the event organizer. In no circumstances shall KYN be liable for the event that is conducted and organized by the event organizer.

7.5 You shall not indulge in any unauthorized resale and scalping of tickets. KYN is not liable for any third-party claims that may arise due to breach of this provision by any customer.

7.6 You shall not use the Platform for any purposes that is considered as unlawful or illegal as per applicable laws in India.

7.7 If you have any grievances while booking tickets on the Platform, you can raise you concerns by sending an email to [email protected] or can contact us at +91 90424 17732. We will take reasonable efforts to help you address and solve you grievance within 48 hours of receipt of complaint.

7.8 KYN is not responsible for any technical issues including, but not limited to, network/server failures which may affect booking tickets on the platform. You shall ensure that you are aware and are in compliance with the terms and conditions of the event organizer. You shall be solely responsible for any legal actions initiated by a third party due to your breach of any of such terms and conditions.

7.9 In order to facilitate payment for the tickets booked on the Platform, KYN may require you to share your personal information to Payment gateway/aggregator. By agreeing to these Terms, you hereby consents to share personal information to the Payment gateway/aggregator if required for effective provision of services and for sharing the same with Regulatory authorities as when required under applicable laws. Further, you also consent to communication of your information that may be relevant via WhatsApp, Email, SMS and/or any other modes of communication.

7.10 KYN reserves the right to change the terms, conditions and notices under which the booking services are offered through the Platform, including but not limited to the charges for the Services provided through the platform. You shall regularly review these terms and conditions. Continued use of the Platform after any such changes shall constitute your consent to such changes.

8. PAYMENT, CANCELLATION, REFUND & EXCHANGE-

Terms for tickets booked, goods/services purchased in the Platform through Payment Gateway/Payment Aggregator

8.1 KYN engages payment aggregator/gateway (“PA/PG”) services for processing of any payment made by you, therefore the payment options that are available are those made available to you by the concerned PA/PG, those being-UPI, debit card and credit card options.

8.2 Sufficient security systems are maintained by the PA/PG for transmission of KYN’s Transactions, consisting of encryption and other related technologies that are understood to provide adequate security for the transmission of such information over the internet.

8.3 Once the ticket charge is debited from your bank account, payment confirmation shall be facilitated to you by KYN from the concerned PA/PG. KYN shall also ensure facilitation of the ticket confirmation to you.

8.4 In case you did not receive the payment confirmation, or if there is any disruption that leads to non-recognition of the payment after the same is debited from your bank account, you can notify KYN of such failure, and we will immediately intimate the PA/PG. In such cases, if the issue is not resolved or is incapable of being resolved by the PA/ PG the amount will be auto refunded within 48 hours for UPI transactions or within . within 5-7 working days for Debit and Credit card transactions.

8.5 If your booking is successful, you will receive an in-app confirmation. If you have made the payment and haven’t received a booked ticket confirmation in-app for the same, this is because that the ticket is no longer available due to over booking, in this case an auto refund will be initiated by KYN when the same is raised to us.

8.6 If due to any reason attributable to the Event organizer, the event gets cancelled or it gets delayed beyond the scheduled date/time or there is any other material change to the event which results in you seeking refund, the same shall be processed by and taken care of by the event organizer. You can reach out to the event organizer in case of any queries or issues to be sorted regarding this. In case of cancellation of an event due to any force majeure circumstances (eg. Natural calamities), you can initiate refund with KYN and the same shall be processed by KYN.

Terms for tickets booked directly with Event Organizer without PA/PG and for free events

8.7 For processing your payments through the Platform, upon clicking the payment link provided by the event organizer, there is an automatic re-direction to the event organizer’s page, wherein the payment can be made as per the event organizer’s payment flow.

8.8 Once the ticket charge is debited from your bank account, payment and ticket confirmation shall be sent by the event organizer.

8.9 In case you do not receive ticket or ticket confirmation after payment is successful, the issue may be directly taken up with the event organizer, you can contact the event organizer for resolution.

8.10 In case you do not receive the payment confirmation after the same is debited from the bank account, or the payment made seems to be stuck, the issue can be raised with the event organizer directly, you can contact the event organizer for resolution.

8.11 If due to any reason, whether or not attributable to the event organizer, the event gets cancelled or it gets delayed beyond the scheduled date/time or there is any other material change to the event which results in you seeking refund, the same shall be processed by and taken care of by the event organizer. You can reach out to the event organizer in case of any queries or issues to be sorted regarding this. In case of cancellation of an event due to any force majeure circumstances (eg. Natural calamities), You can initiate refund with KYN and the same shall be processed by KYN.

9. DISCOUNTS

9.1 KYN offers multiple discount codes on many ticket categories that you can apply to avail a discount on total price. You agree to the T&C herein for availing discounts offered for event tickets on KYN platform.

9.2 Discounts offered may be offered as a flat amount or in percentage form (with or without cap).

9.3 Only one discount code can be used in any single transaction. Discount codes cannot be used in conjunction with any other promotion. No cash alternatives will be offered.

9.4 Discount availability varies from event to event and depends upon the category of tickets. It may be available for an event at a particular time and for the same event (which already took place at an earlier date or is going to take place later). You understand that the same discount will not be available may not be available anymore. Similarly, a discount code may be available for a category ‘gold’ ticket and not for a category ‘bronze’ ticket.

9.5 Some discount codes shall be applicable only on the purchase of a certain number of tickets (the minimum to maximum range will be specified). In case you are not able to find a particular discount code on the booking and payment page, you can enter that discount code to avail the discount, provided that the same is still active.

9.6 Discount codes may become inactive or may expire after a point of time, therefore the same may not be applied to later transactions, subject to the fact that the same discount code that expired can become active again at a later date.

9.7 If you face an error message after trying to apply a discount code, it is probably because the Discount code has expired or it is not applicable for that event or that ticket category which you are trying to book has already used by you for an earlier booking or along with any other promotions. There could be multiple reasons for the error message, to resolve or get clarity on the same kindly reach out to our support team [email protected] or can contact us at +91 90424 17732.

9.8 KYN reserves the right to amend and/or add to the terms herein without any prior notice.

10. KYN GAMES

10.1 The below mentioned terms and conditions are applicable for all games organized by ‘KYN’, in which you can participate, voluntarily, by your own free choice.

10.2 ‘KYN games’ are a set of games in the form of In-app Gamifications or games hosted on other social media handles of KYN.

10.3 ‘Prize’ means Free ticket(s), Discount code(s), meet and greet with popular figures, as applicable and as communicated separately by KYN to the winner(s) of any game.

The types of games organized by Kyn-

Lucky Draw: A game which can be played by clicking on the ‘Interested’ button available on the events page of the Platform as applicable.
Quiz: A game which can be played by visiting the ‘KYN’ Instagram page to submit answers in the comments section of the quiz post. Participants of Quiz shall not use multiple devices to submit answers in the comments sections to any post, KYN shall have the discretion to disqualify any winner in such case. Participation on behalf of another person is not accepted and joint submissions by tagging another participant in the comments section are not accepted.
Spin the Wheel Contest: A game which can be played by any user when the wheel appears on any page that the user may access in the App.

10.4 By participating in these games, you fully and unconditionally agree to accept and abide by these Terms. You shall also fully agree to accept and abide by the Event specific T&C.

10.5 A draw through a random selection shall be done by KYN team and the winner(s) shall be selected.

10.6 The KYN team shall send confirmation via email to the winner(s) after contacting the winner(s) over a phone call and getting his/her email id details.

10.7 In case of the prize being a free ticket, the mode of giving the prize to the winner shall either be physical collection of the ticket by the winner or it shall be sent to the winner in a digital form. This varies from event to event. The number of free tickets given as a prize shall be at the discretion of KYN on a case-to-case basis.

10.8 In case of the prize being a Discount code, the coupon code will be displayed and should be availed within 24 hrs. of winning the same.

10.9 In case of the prize being a chance to meet and greet a popular figure, the same will be arranged by KYN and details will be communicated to the winner over the phone or email.

10.10 In case of physical collection of prizes, If the winner does not take the prize in the time and manner stipulated, then the prize shall be assumed forfeited by the winner and may or may not be given to the next winner at the discretion of KYN. The winner(s) must have a valid photo ID Proof and a copy of the confirmation email sent by the KYN Team to the winner(s), while collecting the prize. The collection of prize shall be done only by the winner and not any other person on behalf of the winner or any other third person who is not the winner.

10.11 The winner(s) acknowledges that the prize is non-exchangeable, non-transferable and not redeemable.

10.12 In any situation, the winner does not have a say regarding the category of ticket, it is the discretion of KYN to decide the category of ticket to be given as the prize. The winner cannot upgrade the ticket to another category by paying the balance cost of ticket.

10.13 Any participant in any games who wins any prize during any game shall not be eligible to win any further prizes.

10.14 KYN is not responsible for any technical issues including, but not limited to, network/server failures which may affect participation in any in-app gamifications. Further, KYN shall not be liable for any legal action that may be taken by any third party against any user resulting from breach of any of the terms and conditions, as stated herein, by the user. The arise of such legal actions shall be individually handled and borne by the user.

10.15 The participant acknowledges that all the games held by KYN are all skill-based games and games of skill are excluded from the ambit of Indian gambling legislations including Public Gambling Act of 1867 and other state enactments.

10.16 KYN reserves the right to amend and/or add to the above terms without any prior notice.

11. USE OF PLATFORM FOR USING BUSINESS LISTING FEATURE

11.1 On the Business listings page, you will be able to view and contact businesses (“Vendors”) and their posts for purchasing the goods and services sold by the vendors.

11.2 You can view the products or services sold by any Vendor on the posts of the Vendor, which includes their prices, any deals or discounts provided by the vendor, and product/service/deal specific T&C of the Vendor. If you want to purchase any good/service of any Vendor, you can-

meet the Vendor directly in the place of business and make payment to the Vendor through the Platform or,
Click on ‘avail the deal’, enter the total amount payable for the good/service (as seen from the post of the Vendor or directly communicated by the Vendor), click on ‘pay now’ and make the payment.
In both the above scenarios, you can either take delivery of the product directly from the Vendor, or have it delivered from the Vendor.

11.3 In case of any deals or discounts offered by the Vendor, the total price as entered will be re-calculated on the Platform, and the final amount will be displayed to enable you to make the requisite payment.

11.4 You will receive notification of successful payment from the Payment Aggregator/Payment Gateway and get re-directed back to the Platform where the order details and payment summary will be shown.

11.5 KYN states that it shall not manipulate the price of the goods or services offered on its platform so as to gain unreasonable profits or discriminate between consumers of the same class or make any arbitrary classification of consumer.

11.6 Details like the legal name of the e-commerce entity, principal address of its headquarters and its branches, name and details of website (if any) of the business, contact details will be provided for each business that is being listed.

11.7 KYN is a platform for users to transact with third party vendors who offer their product/services for sale through the platform. KYN does not provide any services to users other than providing the KYN platform to transact at their own risk and cost.

11.8 KYN is not and cannot be made party to any transaction between you and the Vendor(s), or have any control, involvement or influence over the products purchased / services availed by you from the Vendors (this includes the pricing of such goods / services).

11.9 KYN disclaims all warranties and liabilities associated with any products / services offered by the Vendors on its platform. KYN is not responsible for any non-performance or breach of any contract entered into with the Vendors. KYN does not guarantee that the Vendors will perform any transaction concluded on the platform.

11.10 Unauthorized resale of any products is illegal and subject to legal penalties by the applicable laws in India. KYN is not liable for any third-party claims that may arise due to your breach of this provision.

11.11 If you have any grievances in connection with the issues faced in the Platform, while purchasing any product or service using the Platform and processing payments through the Platform, you can raise an issue by sending an email to or can contact us at [email protected] Our grievance team will revert on the best possible solution within 48 hrs of receipt of complaint.

11.12 KYN is not responsible for any technical issues including, but not limited to, network/server failures which may affect purchase of a good or service through the platform. Further, KYN shall not be liable for any legal action that may be taken by any third party against any user resulting from your breach of any of the terms and conditions. You shall be solely responsible for handling such legal actions.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 The trademarks, service marks, and logos used and displayed by KYN, in any manner on the Platform or in any of the content are KYN’s registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s users, advertisers, or third parties as displayed on the Platform are owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.

12.2 Such propriety trademarks or logos belonging to KYN or its suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved, and you may not alter or obscure such proprietary mark or name or logos, or link to them without the prior approval of KYN or the respective owners of such proprietary mark.

12.3 All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, Services, vests with KYN. The Platform contains proprietary and confidential information. You agree that you shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and the Service in accordance with these Terms. No portion of the Platform shall be reproduced in any form by you.

12.4 You shall not (i) republish material from this Platform (including republication on another platform); (ii) sell, rent, or sub-license material from the Platform; or (iii) reproduce, duplicate, copy, or otherwise exploit material on this Platform for a commercial purpose.

13. INDEMNIFICATION

13.1 By accepting these Terms and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold KYN, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms any applicable law or regulation; (ii) any loss or injury to KYN’s representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.

14. LIMITATION OF LIABILITY

14.1 To the maximum extent permitted by law, KYN shall provide information relating to the Services without warranties, guarantees or representations. KYN shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.

14.2 Under no circumstances will KYN be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if KYN has been advised of the possibility of such damages.

14.3 You agree not to use the Platform for any commercial or business purposes and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.

15. DISCLAIMERS AND WARRANTIES

15.1 The content in the Platform is provided to you strictly on an "as is" basis. Notwithstanding anything contained in these Terms, KYN does not warrant that the Platform: (i) will perform error-free or uninterrupted, or that KYN will correct all or any errors or defects (ii) will operate in combination with your devices, or with any other hardware, software, systems or data not provided by KYN, (iii) will meet your requirements, specifications or expectations, (iv) information/content on the Platform will be updated on a day-to-day basis.

15.2 KYN further acknowledges that it does not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other issues inherent in the use of such communications facilities.

15.3 Occasionally the Platform may contain typographical errors, inaccuracies or omissions. KYN reserves the right, but has no obligation, to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

15.4 We undertake no obligation to update, amend or clarify information in the Platform, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15.5 Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions on the Platform constitute your agreement and intend to be bound by this Terms.

15.6 We explicitly disclaim any and all liability with respect to user content or any defamatory, offensive, or illegal conduct of a third party with respect to any content on the Platform.

16. GENERAL

16.1 All notices served by KYN shall be provided via email to your account or as a general notification on the Platform. Any notice to be provided to KYN should be sent to [email protected].

16.2 You shall contact us immediately at [email protected] in the event you believe that an unauthorized party may be accessing/modifying/using your user account.

16.3 Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.

16.4 These Terms together with the Privacy Policy published by us on the Platform/Services, shall constitute the entire agreement between you and KYN concerning the Platform/Services.

16.5 If any provision of these Terms is held to be invalid or unenforceable, such provision remaining provisions shall be enforced to the fullest extent under law and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

16.6 You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. KYN’s rights under the Terms are freely transferable to any third parties without the requirement of seeking your consent.

16.7 You acknowledge that your participation on the Platform, does not make you an employee or agency or partnership or joint venture or franchise of KYN.

16.8 You shall not modify, creative derivate works, translate, or reverse-engineer this Service and Platform or its components.

16.9 You shall not do anything that interferes with or impairs the intended operation of this Platform/Service.

16.10 KYN provides these Terms so that you are aware of the terms that apply to your use of the Platform and Services. You acknowledge that, KYN has given you a reasonable opportunity to review these Terms and that You have agreed and consented to them.

17. RULES AND REGULATIONS FOR USAGE OF THE PLATFORM

17.1 As a user of this Platform, you shall not to host, display, upload, modify, publish, transmit, store, update or share any information that-

belongs to another person and to which the user does not have any right;

is obscene, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

is harmful to child;

infringes any patent, trademark, copyright or other proprietary rights;

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;

impersonates another person;

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 cognisable offence, or prevents investigation of any offence, or is insulting other nation;

contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

in the nature of an online game that is not verified as a permissible online game;

is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;

violates any law for the time being in force;

17.2 The above rules and regulations are listed as per the requirement under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

17.3 In cases of non-compliance with the rules and regulations as listed above and the Privacy Policy, KYN has the right to terminate the access or usage rights of the users to the Platform immediately or remove non-compliant information or both, as the case may be.

18. GOVERNING LAW

18.1 These Terms, their subject matter and any non-contractual disputes or claims shall be governed by and construed in accordance with the laws of India, and you submit to the exclusive jurisdiction of the courts at Chennai, India, in relation to any disputes arising under this Terms.

18.2 KYN reserves the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.

19. CONTACT US

19.1 We make all our best endeavors to provide you with the best experience in using the Platform. In the unlikely event that you face any issues, or you desire to share your feedback with us on the terms envisaged under these Terms, please contact us at [email protected].

19.2 By clicking on “I Accept” button, you agree and acknowledge that you have read these Terms, understood its contents, consented to it and have chosen to execute it on your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon you, once executed.

19.3 Grievance Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below in writing via email / post / courier sent to the appropriate address: KYNHOOD TECHNOLOGIES PRIVATE LIMITED, 5th Floor, LBR Towers, No. 327, Anna Salai Teynampet, Chennai, Tamil Nadu 600006

Or,

The Grievance Officer

Ramasamy Adityan S R K

KYNHOOD TECHNOLOGIES PRIVATE LIMITED

5th Floor, LBR Towers,

No. 327, Anna Salai Teynampet, Chennai, Tamil Nadu 600006