Published - 01/03/2023
Thank you for choosing Kockpit Konnect, a product of Kockpit Analytics Pvt. Ltd. (hereinafter referred to as "Kockpit Analytics", "we", "us", or "our"). These terms and conditions ("Terms") govern your access to and use of the Kockpit Konnect software application, website, and services (collectively, the "Services"). By using the Services, you agree to these Terms. Please read them carefully.
By using Konnect, You are agreeing to be bound by the following terms and conditions. Please review the terms carefully before accepting. You must be of legal age to enter into a binding agreement in order to accept the Agreement. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If Kockpit makes any changes to these Terms and Conditions, we will notify You by email and/or posting a notice on our website before the changes are effective. Any new features that help in enhancing the current services, shall be subject to these Terms and Conditions. Continuing to use the services after any such changes shall constitute Your consent to such changes.
The most recent version of the Terms and Conditions will always be available on Our website.
Violation of any of the terms mentioned below will result in the termination of Your account. You agree to use the services at Your own risk.
To use the Services, you must create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use or breach of security of your account.
You retain ownership of any content, data, or information ("User Content") that you submit or upload to the Services. You grant us a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, display, and modify your User Content solely for the purpose of providing the Services. You represent and warrant that your User Content does not violate any third-party rights, including intellectual property rights and privacy rights.
The Services, including all content, software, and technology provided in connection with the Services, are owned by Kockpit Analytics and its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, revocable, and non-transferable license to use the Services solely for your personal or internal business use. You may not copy, modify, distribute, sell, or lease any part of the Services.
We may terminate your access to the Services at any time for any reason, without notice, liability, or refund. You may terminate your account at any time by contacting us. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.
Data You agree that we may transfer and process your data, including personal data, in any country where we have facilities or in which we engage service providers. By using the Services, you consent to such transfer and processing of your data.
You agree to indemnify, defend, and hold harmless Kockpit Analytics, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with your use of the Services, your User Content, or your violation of these Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KOCKPIT ANALYTICS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, KOCKPIT ANALYTICS PVT. LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT ON THE SERVICES.
If a dispute arises between you and Kockpit Analytics Pvt. Ltd., we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English by a sole arbitrator appointed by Kockpit Analytics Pvt. Ltd. The arbitration shall be held in Delhi, India, unless the parties agree to video, phone and/or internet connection appearances.
These terms and your use of the services shall be governed by and construed in accordance with the laws of India, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms or the services shall be filed only in the courts located in Kolkata, India, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms or your use of the services.
Kockpit Analytics Pvt. Ltd. reserves the right, at its sole discretion, to modify or replace these terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.
By using the Services, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. If you do not agree to these Terms and Conditions, you may not use the Services.
