Terms & Conditions
1. Use of the Website
Welcome to https://www.kellsalon.com/ Maintained by Kellsalon and Spa Palakkad India (hereinafter referred to as “the Company”, which term shall mean and include its subsidiaries, affiliates, partners, shareholders, directors, executives, officers, employees, agents, successors-in-interest and permitted assigns).Your use of this Website or access of any of the services provided on the Website is subject to your acceptance of these terms and conditions (“Terms” or “Terms and Conditions”). Therefore, please read these Terms carefully. If you require any clarification about these Terms, please contact SUPPORT@KELLSALON.COM obtain such clarification before using this Website. YOUR USE OF THE WEBSITE SIGNIFIES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS, POLICIES AND NOTICES CONTAINED HEREIN. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS, POLICIES OR NOTICES CONTAINED ON THE WEBSITE, DO NOT USE OR ACCESS THE WEBSITE. For the purposes of this Website, “User” shall mean any person who uses the Website, and/or any of the services provided on the Website including but not limited to any person who posts any content including but not limited to text, data, images, video, information, and other materials or services on the Website or who views such content or materials. The Website shall be deemed to be used by you when it is loaded and/or continues to be loaded in temporary or permanent memory of your mobile phone, computer or any other device or in the internet browser thereof. The Company’s own records of the use of the Website maintained through computer systems or otherwise shall be deemed accepted as conclusive and binding proof of such use.The Company reserves the absolute discretion to amend, delete or supplement any of these Terms at any time, which amendment, deletion or supplement as the case may be shall automatically become binding on the User when the amendment, deletion or supplement is made on the Website.The use of this Website by you may be discontinued, terminated or limited at any time by the Company without any notice to you if you violate any part of the Terms or for any reason whatsoever.
2. Eligibility
This Website is intended to facilitate lawful marriages between persons by providing a medium for contact between such persons. It is therefore essential that Users are capable of entering into a legal and binding contract of marriage as per the law applicable to them. By using this Website, therefore you confirm that you are/ you are registering for a person who is:A. 18 years or above (if you are a woman) or 21 years or above (if you are a man);B. Legally competent to enter into a valid contract of marriage as per the law applicable to you; andC. Not prohibited or prevented by any applicable law for the time being in force from entering into a valid contract of marriageThe Company reserves the right to forthwith terminate your use and / or registration with the Website without refund of any of subscription fee paid, if at any time the Company is, in its sole discretion, of the opinion or has any reason to believe that, you are not eligible to use this Website or that you have made any misrepresentation about your eligibility.
3. Registration with the Website
To avail some of the services on the Website such as express interest in a member or of premium services offered by the company Users will be required to register with the Website. The first step in the registration process is for you to fill up the registration form available at SUPPORT@KELLSALON.COM. During the process of registration or otherwise, you may be required to furnish information, (personal or otherwise). You shall ensure that you furnish accurate, complete and up-to-date information. Upon successful registration, you will be given a user name and password. By applying for registration you confirm and agree that you will be the sole and exclusive owner and that you accept sole responsibility for the use, confidentiality and protection of the user name and the password as well as for all actions initiated using your user name and password. Your registration with the Website is for your personal use. You may not authorize others to use your user name and password and you may not assign or transfer your user name and / or password to any other person or entity. All statements made and acts or omissions that occur while your user name and password are being used shall be deemed to have originated conclusively from your end and you shall be responsible for the same and/or any misuse thereof. Multiple registrations of the same person are not allowed on the Website. The Company reserves the right to deactivate all multiple registrations by the same User without any refund of subscription fees. You are required to immediately notify the Company in writing on becoming aware of any loss, theft or unauthorized use of your user name and / or password or any inaccurate information in relation to your use of the Website or our services. While the Company disclaims any liability for such loss, theft or unauthorized use and consequences thereof, on receipt of such notification from you, the Company will take such steps as reasonably possible to block your user name and on a request duly made, generate a new user name and password for you.If any information provided by you for registration or otherwise is found to be untrue, inaccurate, not current or incomplete, or the Company has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your registration with the Website and refuse you any and all current or future use of the Website (or any portion thereof).The Company reserves the right (in its sole discretion) to refuse you registration on the Website, terminate your registration and remove or edit any Content posted on the Website using your user name and password.
4. Content
You are responsible for the content and information including your profile, photograph and other content including communication with other Users (“Content”) you post or transmit through the Website. You hereby represent and warrant that you own all rights, title and interest in your Content or have the necessary licenses, rights, consents, and permissions to post and / or use the said Content. You will retain all your ownership rights in Content you post on the Website. However, by submitting the Content to the Website, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public and perform the Content on the Website, in connection with the Website and the Company’s business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. You hereby also grant the Company and its authorized third parties and each User of the Website a non-exclusive license to access your Content and to use, reproduce, distribute, prepare derivative works of, display, communicate to the public and perform such Content. While the Company does not accept any obligation to monitor the Content, the Company reserves the right to review and / or verify the authenticity, accuracy and quality of Content posted by you on the Website and to determine whether the said Content is in compliance with these Terms. If the Company is not able to verify the Content or any part thereof to its satisfaction or if the Content is found not to be in compliance with these Terms, the Company may delete the Content and / or terminate your registration with the Website without a refund of any subscription paid by you. Notwithstanding the Company’s right to verify the Content, all Content is the sole responsibility of the User from whom such Content originates and shall be at the said User’s sole risk and consequences. The Company does not does not guarantee the accuracy, integrity or quality of such Content. Users wishing to use the Content posted by third parties on the Website are advised to independently verify the Content. You shall be solely responsible for your Content and for all consequences arising due to or out of use of the Website and the posting of your Content on the Website including but not limited to all consequences that may arise due to third parties viewing/accessing/downloading your Content and/or arising due to the Website hosting/publishing/communicating your Content to the public. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available through the Website or as a result thereof. The company reserves the right to delete the content from the Website after a period of two years unless the user specifically in writing requests for a further period. You understand and agree that when using the Website, you will be exposed to Content from different sources, and that the Company shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. In the interest of the security and privacy of our Users, the Company reserves the right to restrict the number of communications which any User may send to another User in any 24-hour period to a number which the Company deems appropriate in its sole discretion.If any content on the Website does not adhere to these terms and conditions please send an email to SUPPORT@KELLSALON.COMm indicating the non-adherence so as to enable the Company to take appropriate action as deemed necessary by the Company. The user has to inform the Company that the User has married another User of the Website and he wishes to update the Website with a success story. The Company reserves the right to request for such documents as proof of a marriage as it may deem fit from the User or both the Users. The Company also reserves the right to publish the success story at its discretion.
5. Restrictions on Use
You agree that :
A. Your Content shall not contain any material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein.
B. You shall not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, without limitation).
C. Your Content shall not contain falsehoods or misrepresentations that could damage the Company or any third party.
D. Your Content shall not contain material that is abusive, unlawful, obscene, vulgar, defamatory, libelous, threatening, pornographic, profane, threatening, abusive, harassing, hateful, indecent, racially, religiously or ethnically offensive or otherwise objectionable or offensive in any manner, or encourages conduct that would be considered a criminal offence, give rise to civil, tortious or criminal liability or is otherwise inappropriate.
E. You shall not utilise the Website or its services in any manner whatsoever so as to contact or communicate with minors (i.e those below the age of eighteen).
F. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.
G. Your Content shall not contain advertisements or solicitations of business.
H. Your Content shall not contain any chain letters or pyramid schemes.
I. You shall not impersonate another person or entity.
J. You shall not intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Website.
K. Your Content shall not contain any virus or other harmful component.
L. You will use the Website strictly for the your personal and non-commercial use.
M. You will not take any action that imposes an unreasonable or disproportionately large load on the Website servers or systems, or any servers or systems used by the Company.
N. You will not to use the Website for any illegal purpose or in any manner inconsistent with these Terms.
Further, you shall not, except as permitted by these Terms :
A. Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any part of the Website in violation of these Terms or the laws of any country.
B. Create a database in electronic or structured manual form by systematically downloading and storing the entire Website or part thereof except such information as relates or concerns you directly.
C. Cache or permit caching by any person.
D. Send unsolicited email or other correspondence to any other User.
E. Do any act that violates the Company’s (or any third party’s) intellectual property rights in the Website.
F. Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any other User.
G. Use the Website to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
H. Run any mail list or any form of auto-responder, or spam on the Website or any processes that are run or are activated while the User is not logged on or engage in any virus attack or denial of service or attach or engage in any activity designed and/or intended to interfere with the working of Website for any duration of time.
I. Use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
J. Collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. User agrees not to solicit, for commercial purposes, any users of the Website with respect to their Content.
K. Use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to Website servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
6. General
The operation of the Website may be interfered with by numerous factors outside of the Company’s control. The Company shall not be liable for any default in the Website operation, caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, internet, telecommunication, computer or utilities failure (including failures caused by (A) acts which impose unreasonably or disproportionately large loads on infrastructure or facilities such as “flooding”, “mail bombing” or “crashing” of the Website; or (B) any virus, time bombs or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information), strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any such event, The Company shall for the duration of such event be relieved of any such obligation under this Agreement as is affected by the said event. The Company may schedule downtime in the Website for maintenance purposes and suspend any service by posting a notice of such downtime on the Website or such other manner as it deems fit. If there is any unscheduled down time in the Website during which no User can access any service, the Company shall use all reasonable endeavors to promptly restore the Website to its proper operating condition and notify the Users as soon as reasonably practicable after the Website is available for use again. The foregoing states the Company’s entire liability for any loss caused by downtime in the Website. Any waiver by a party of a breach of any condition/s in the Terms by the other party shall not be construed as a waiver of any subsequent breach of any condition/s in the Terms. If any term, condition, clause or provision of the Terms becomes invalid or be so judged, the remaining terms, conditions, clauses and provisions shall be deemed severable and shall remain in full force. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by the Company without restriction. The Website and the User’s use of the Website and the provision of services by the Website are governed solely by Indian law, without regard to its conflict of law principles. This Website is deemed to be based in Kottayam, Kerala, India and any posting of Contents is deemed to have occurred in Kottayam, Kerala, India. The User hereby consents to submit to the exclusive jurisdiction and venue of courts in Kottayam, Kerala, India, to the exclusion of all other courts that may otherwise have had such jurisdiction in all matters, liability and disputes arising out of or relating to the use of this Website, any Contents and the provision of service by the Website. Use of this Website is unauthorized and prohibited in any jurisdiction that does not give effect to all provisions of the Terms including without limitation, this paragraph. The Company makes no claim that the Website and materials (including Contents) on the Website are appropriate for any particular purpose or audience, or that they may be downloaded outside of India. Access to the Website may not be legal by certain persons or in certain countries. If User accesses the Website from outside India, User is responsible for compliance with the laws of User’s jurisdiction. The Company accepts no liability whatsoever, direct or indirect for non-compliance by the Company or the Website with the laws of any country other than that of India.