TERMS OF USE

Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms").

General:
1. calc.Kumars.tech (hereinafter referred to as or “Application”/ “Service”) is developed and operated by KUMARS SAFE STRUCTURES LLP.
2. By subscribing to or using the Application/Service, you agree that you have read, understood and are bound by this terms of use [Hereinafter referred to as terms], regardless of how you subscribe to or use the Application/Service. If you do not agree to the Terms, you must not subscribe to or use our Application/Service.
3. You must be at least 18 years old and capable of entering into a binding contract in your jurisdiction to register as a member or use the Application/Service. Any Persons who are "incompetent to contract" within the meaning of applicable law, including minors are not authorized to use Application/Service. By using the Application/Service, you represent and warrant that you have the right, authority, competency and capacity to enter into these Terms of use and to abide by all of the terms and conditions set forth herein.
4. At the time of registering for use or using our Application/Service, the user may be asked to enter the user’s name, the user’s age, gender, e-mail address, phone number or other information.
5. In these Terms, references to:
  1. Commercial / contractual terms shall include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services.
  2. Customer shall mean the person availing the services via the Application from us.
  3. "we", "us", "our", “service” or “Application” shall mean KUMARS SAFE STRUCTURES LLP, its franchisees, affiliates or partners.
  4. User shall mean and include Customer and any person who visits and /or register into and / uses the Application.
Services Offered : Application/Service is a technology platform that provides expertise and technology solutions in Calculation Services for the respective projects as per User’s requirements via Application.
System Requirements:
1. Application/Service shall be availed by person(s) who have created a User account as set out below.
2. In order to use the Application/Service, the User is required to have a compatible internet access and the necessary minimum specifications.
3. The version of the Application software may be upgraded from time to time to add support for new functions, features and services.
4. The User shall accept and agree that, Application shall not be responsible for any electronic or mechanical defect, data failure or corruption, viruses and bugs or related problems that may be attributable to the User's telecommunication equipment and/or the services provided by any service provider.
No Guarantee of Business or Fitness for a Purpose:
1. Application disclaims all implied warranties and similar obligations including but not limited to those of fitness for a particular purpose, and merchantability, whether otherwise arising by law, custom, usage, trade practice, course of dealing, or course of performance. There are no warranties, which extend beyond those express warranties contained in this Terms.
2. Application makes no guarantee, nor do we take any responsibility for the content/deliverables including its quality, copyright compliance or legality, or any resulting loss or damage. The content/deliverables not limited to any feature thereof, is subject to change without notice.
3. Application reserves the right, at our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Application.
4. Application communicates information provided and created by Users, from relevant codes and standards, scientific publications etc. Application has no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Application or provided by the services, which may also include technical inaccuracies or typographical errors.
5. It is agreed between the Users that the calculation services which are offered via the Application under this Terms of Use by us is supplied on "as is where is basis" and that we are not liable for any non-Conforming or unsuitability of the calculation services via Application.
User Account:
1. The User may be required to create his/ her own User ID and Password in order to register and/ or use the services on the Application. By accepting these Terms, the User agrees that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
  1. Choose a new password, whenever required for security reasons.
  2. Keep his/ her User ID & Password strictly confidential.
  3. Be responsible for any transactions made by User under such User ID and Password.
2. Application may verify at the time of creation of the user account, including but not limited to phone number, email address, bank account, credit card details, etc.
User’s Obligations:
1. User represents and warrants that they will abide by these terms and conditions as updated from time to time by Application.
2. It shall be the responsibility of Users to ensure that he/she/it is competent to enter into these Terms with Application, which would constitute a legal, valid, binding and enforceable Agreement that will not conflict, breach or cause a default of the terms and conditions of any documents, agreements or other writings to which he/she/it is a party. No action, suit, proceeding or investigation is pending to the knowledge of Users, threatened against the User that would affect the performance of his/her/its services in any manner. The Users only shall be responsible for obtaining all applicable statutory registrations.
3. It is User’s duty to verify the product/services provided in the Application before availing calculation services. Kumars Safe Structures LLP shall not guarantee or warrant the product/services in the Application.
Conditions of Use:
1. The User will not, nor allow third parties on the User’s behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
2. The service wherever made available to the User free of charge is for the user's personal, non-commercial use. We reserve the right to amend or withdraw the service, or charge for Application or service provided to the user in accordance with these terms, at any time and for any reason.
3. The User acknowledges that the terms of agreement with the user's respective network provider (‘Internet Service Provider’) will continue to apply when using the Application. As a result, the user may be charged by the Internet Service Provider for access to network connection services for the duration of the connection while accessing the Application or availing of the Services or any such third party charges as may arise. The User accepts responsibility for any such charges that arise.
4. The Users shall create not more than one (1) user account, creating multiple user accounts shall restrict the User from using the Application. On verification or if we suspect any fake user account created by any User, Application at its sole discretion would cancel such users account(s).
Transaction using the Application:
1. All User request and payment for services, can be made through the Application through the user account or by Wire Transfer or cheque.
2. All transaction data will be available in the respective User account for a period of Thirty (30) days.
3. Users shall be solely responsible for providing invoices/GST invoices provided vide the Application.
4. User shall be responsible for all transactions including any duplicate/over-write request for services, which may not be refundable in certain cases. It is the respective Users responsibility to check his/her existing services and services already requested and in progress before requesting or paying for the usage of calculation services. Application shall not be responsible for any transactions and will not be verifying the prior existence of the respective service or request for service. Any payments made in such cases are treated as separated transaction and no refunds would be made.
5. Application provides options for third Parties to advertise through the Application, all such advertisements by third Parties shall be in compliance of law and third Party shall be responsible for the same. Application does not provide any guarantee or is not responsible for the advertisements.
Payment:
1. Membership on the Application is free, we do not charge any fee for browsing on the Application. We at our discretion charge a fee for availing calculation services via Application. Information on the indicative pricing and charges for all services offer on the Application is available on the Application which may vary time to time at our sole discretion.
2. Users would be charged additionally the applicable Payment gateway charges / convenience charges / collection charges / internet handling charges, etc by Application.
3. Any eligible re-funds will be in the form of “wallet balance” which may be utilized for the permitted future services on Application.
4. Application reserves the right to change any policies from time to time. In particular, Application may at its sole discretion introduce new services and modify some or all of the existing services offered on the Application. In such an event, Application reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Policy shall be posted on the Application and such changes shall automatically become effective immediately after they are posted on the Application.
Information/Data: The User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
1. belongs to another person and to which The user does not have any right to;
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;
3. harm minors in any way;
4. 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 items;
5. violates any law for the time being in force.
Communication: The User will be required to provide a valid phone number and Email ID at the time of using the service through the Application. By registering the user's phone number and Email ID with us, the User gives consent to be contacted by us via phone calls and/or SMS and /or email notifications, in case of any service-related updates. We will not use the user's personal information to initiate any promotional phone calls or SMS or email.
Warranty: The User warrants and represents that all details and information provided to the Application by the user are true and accurate and are not false, misleading or deceptive and the information contained on the Application will be kept accurate and up to date and compliant with these terms and conditions.
Third-Party Application Links: Application may be linked to the Application(s)/Service(s) of third parties, affiliates and business partners. Application has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such Application(s)/Service(s) made available by/through Application. Inclusion of any link on Application does not imply that the Application endorses the linked Application(s)/Service(s). Users may use the links and these services at the User’s own risk.
Advice: The contents of this Application/Service do not constitute advice and should not be relied upon in making or refraining from, making any decision.
Complaints:
1. All complaints relating to this Application/Service should be addressed to us at ReachUs@Kumars.Tech and same will acknowledge within 48 hours, further we shall redresses the complaint within thirty (30) days from the date of receipt of the complaint.
2. In case the information/data purchased is incorrect/ fraudulent, the user has to raise a complaint within forty eight (48) hours from the time of conclusion of the transaction.
3. On verification or if we suspect any fraudulent transaction/information provided by any User or any transaction which defies the terms & conditions of using the service, Application at it’s sole discretion could cancel such services and/or Users Account.
4. Application maintains a list of all fraudulent transactions and User and would deny access to them or cancel any transaction placed by them. Application reserves the right to take the final decision.
5. User agrees that under no circumstances the Application shall be held responsible for such fraudulent/duplicate transactions.
Refund, Reschedule and Cancellation Policy:
1. If any complaint or request for refund (for cause or no cause) is received within forty-eight hours, Application will then review it in light of the refund policy applicable.
2. In the event of cancellation of usage of calculation services via Application, the Customer shall bear the cancellation charges as determined by the Application.
Liability:
1. It is the responsibility of the User alone to ensure that the information/ data either stored in Application or taken out from the Application, by printing or exporting to any computer file format or data stored offline in mobile devices of Users accessing Application, is used in compliance with privacy laws applicable to the user’s business transactions.
2. Application has made the Application/Service available to the User as a matter of convenience. Application expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Application reserves the right to terminate the rights to use of the Application/Service immediately without giving any prior notice thereof.
3. Application shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall Application, its employees, partners, and its third party agents involved in processing, delivering or managing the Application/Service, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Application/Service or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Application/Service.
4. Application assumes no liability whatsoever for any monetary or other damage suffered by the User on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services in connection thereto.
5. The User shall indemnify and hold harmless Application and it’s respective officers, partners, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
6. The User agrees that Application or any of it’s employees will not be held liable by the User for any loss or damages arising from the User's use of, or reliance upon the information contained on the Application/Service, or any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond Application’s reasonable control.
Indemnity: The User agrees to defend, indemnify and hold harmless Application, it’s employees, partners, officers, agents, representatives and their successors and assigns from and against any and all claims, liabilities, damages, losses, demands, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the user's access to and use of Application/Service, which may result in any loss or liability to Application or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of the user's obligations under this Agreement or arising out of the User's violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
Disclaimer and Limitation of Liability: THE SERVICES ARE MADE AVAILABLE OR PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICATION’S LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS TERMS OR ANY SERVICE SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE TRANSACTION FEE PAID TO APPLICATION FOR THE RELEVANT SERVICE. APPLICATION SHALL AT ITS DISCRETION HAVE THE OPTION TO REFUND THE TRANSACTION FEE.
Intellectual Property Rights:
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Application owns all Intellectual Property Rights to and into the Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, header / footer, generated content and hyperlinks. The User acknowledges and agrees that the user shall not use, reproduce or distribute any content from the Application belonging to Application without obtaining authorization from Application.
2. Application is not responsible for the content of any third party Application(s)/Service(s) and does not make any representations regarding the content or accuracy of material on such Application(s)/Service(s). If the user decide to link to any such third party websites, the user does so entirely at the user's own risk.
Application or Kumars Safe Structures LLP or any of its employees do not accept or consider unsolicited ideas, including ideas for new contents, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Users shall not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Application or Kumars Safe Structures LLP or any of its employees, to avoid potential misunderstandings or disputes when Kumars Safe Structures LLP’s products or marketing strategies might seem similar to ideas submitted to Kumars Safe Structures LLP. If, despite our above request you send us your ideas, then regardless of what your submission says, the User agree that any and all User’s submissions and contents will automatically become the property of Application or Kumars Safe Structures LLP, without any compensation to User; Application or Kumars Safe Structures LLP may use or redistribute the submissions and their contents for any purpose and in any way; that there is no obligation for Application or Kumars Safe Structures LLP to review the submission; and there is no obligation to keep any submissions confidential.
Term & Termination: Application may suspend or terminate the user's use of the Application or any Service, if it believes, in its sole and absolute discretion that the user may have breached any of the Terms. Application may delete any content or other materials relating to the User's use of the Service and Application will have no liability to the user or any third party for doing so. The User shall be liable to pay for any Service that the User has already availed/ordered till the time of Termination for any reason whatsoever.
Confidentiality:
1. The User shall keep all and any information regarding the service availed and User’s confidential information, both, during the subsistence of this Terms and Conditions and post cancellation. The User shall not, without prior written consent of Application transfer (whether for consideration or otherwise) such information to any third-party for any reason whatsoever. This does not include third parties who are authorized by Application to operate the Application’s Application/Service, conducting Application’s business, or servicing the User, so long as those parties agree to keep this information confidential [Internal Purpose].
2. Application may also release the User's information when Application believes that such release is appropriate to comply with the law, enforce the terms and conditions or protect others or Application’s rights, property, or safety.
3. The User is specifically prohibited from using the confidential information for purposes of seeking any commercial gain out of the said information. In the event Application is made aware of any such practice of such violation of the terms and/or conditions of this terms, Application shall be entitled to terminate the Agreement as well as initiate legal proceedings against the User, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
4. Application may include or offer third party products or services on our Application. These third party products/services have separate and independent terms of use and privacy policies. Application, therefore has no responsibility or liability for the content and activities of these linked products/services.
5. Application reserves the right, at our sole discretion, to change, modify, add, or remove portions of this terms and conditions at any time.
Governing Law: The laws of India shall apply and courts in India shall have jurisdiction in respect of all the terms, conditions and disclaimers. Application reserves the right to make changes to the Application/service and the terms, conditions and disclaimers at any time and without information to the Users of Application’s Application/Service.
Arbitration: If any dispute arises between the user and Application during the User's use of the Application or services, in connection with the validity, interpretation, implementation or alleged breach of any provision of this terms or any of our policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party appointed by Application. The place of arbitration shall be Chennai. The Indian Arbitration and Conciliation Act of 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Miscellaneous:
1. Any waiver of any rights available to Application under these terms shall not mean that those rights are automatically waived.
2. The User agrees, understands and confirms that his/her/it’s personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Application has no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Application does not represent or guarantee that the use of the Application/Service provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
4. Application and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Application.
Customer Services: If the user has any query, please e-mail us at ReachUs@Kumars.Tech.

TERMS OF USE

Last Updated: 2024-03-26