Business Kinetics LLP

TERMS OF USE

Welcome to Business Kinetics LLP website

IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY. BY CREATING THE ACCOUNT ON WEBSITE OR OTHERWISE USING THE WEBSITE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT ON YOUR BEHALF.

By accessing or using Business Kinetics website , you agree to be bound by these Terms, our Privacy Policy and our Community Guidelines, Disclaimer etc.

Business Kinetics LLP(Business Kinetics) is the owner and operator of http://bkinetik.com. The following agreement captures the terms of use ("Agreement"), applicable to Your use of http://bkinetik.com ("Web Site"), which promotes business relationship between suppliers and buyers, professionals globally. It is an legal agreement between you as the user of the Web Site and Business Kinetics. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.

1. Acceptance
When you create a Business Kinetics account or use Business Kinetics website for any purpose, you agree to these terms. If you do not consent to these Terms of Use, you are not permitted to use any Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of use.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Business Kinetics from time to time without any prior notice to you, accordingly, you are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. Changed terms and conditions will become valid upon being posted on Business Kinetics website. If You do not agree to such modification/changes, You must stop using the service with immediate effect. Your continuous use of our service signifies your acceptance of the updated / changed terms as of their effective date.

This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Business Kineticsand any other party.

2. Your Account
Business Kinetics provides services to individuals and business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. Certain activities on the Services require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering for an account, you represent and warrant that you are at least 18 years of age and that all information you provide in the registration form (“Registration Data”) is complete and accurate. You cannot register and use the services if you are barred from receiving services under the laws of the applicable jurisdiction. The business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use Business Kinetics Services.

Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18. Business Kinetics reserves the right to terminate your account and/or refuse access to the Services to anyone at any time, with or without cause at its sole discretion. If Business Kinetics terminates your account due to inactivity, Business Kinetics will use reasonable efforts to notify you of such termination in advance by emailing such notice to the email address you have specified in your account. You agree to keep your registered email addresses and other Registration Data current and complete, as Business Kinetics may send important notices about your account from time to time. By registering for an account, you consent to receive communications from Business Kinetics about the Services by email and/or system messages consistent with the terms of our Privacy Policy. If the User is registering as a business entity, the User hereby represents and warrants that the User has the authority to bind the entity to this Agreement.

3. Account Security
You will receive a password and user name on registered email id upon completing the user registration process. You are solely responsible for maintaining the confidentiality of the user name and passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.

You are responsible for safeguarding your account, You have to ensure that you exit from your account at the end of each session. Business Kinetics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.

We use commercially reasonable security measures to protect your User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorized parties from illegally accessing the Services or their contents. Business Kinetics is not responsible or liable for any third-party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the privacy settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services.

We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number /Email Id to your account and you later change or deactivate that phone number/Email Id, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

4. Acceptable Use and your Conduct; Disclaimer
Business Kinetics offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. You understand that all information, text, data, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Business Kinetics, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Business Kinetics does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Business Kinetics be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:

User Content that is unlawful, defamatory, hateful, harassing, threatening, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity.
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary rights ("Rights") of any party.; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
unsolicited messages containing, political campaigning,
private information of any third party, including, without limitation social security numbers and credit card numbers;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
User Content that is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Business Kinetics or its users to any harm or liability of any nature, or which is legally required to be deleted or made private.
intentionally or unintentionally Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Business Kinetics consent;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Create a false identity on Business Kinetics website, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
harm minors in any way;
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 any other nation;
contains any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
communicates any information which is grossly offensive or menacing in nature;
Access data not intended for you or log into server or account that you are not authorized to access;
Attempt or breach security or authentication measures without proper authorization
Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
is in contravention of the India Information Technology Act, 2000 and any other law for the time being in force;
Violate the Community Guidelines or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

You acknowledge that Business Kinetics may not pre-screen Content, but that Business Kinetics and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Business Kinetics and its designees shall have the right to remove any Content that violates the BUSINESS KINETICSTERMS OF USE or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Business Kinetics or submitted to Business Kinetics, including without limitation information in Business Kinetics Message Boards, and in all other parts of the Service.

You acknowledge, consent and agree that Business Kinetics may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the BUSINESS KINETICSTERMS OF USE; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Business Kinetics, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

As a condition of use of the Service and the Site, the User warrants that it/they will not use the Site for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms, conditions, and notices including both specific and implied. In addition the Site shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use and/or enjoyment of the Site. The User shall refrain from obtaining or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further no products can be advertised on the site without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third-party intellectual property rights are owned by the third party and not Infocom/its users.
By acceptance of this Agreement and these terms & conditions, the User hereby agrees that it has obtained all requisite consents, licences, approvals and permissions from all requisite governmental and statutory authorities for the goods and services details it shall Host on the Site.

The purpose of this website is to promote business relations between buyer and supplier/contractor. User warrants that they will not use this website for any sales/purchase activities.

We also provide a platform for Professionals and enterprises to meet and interact with each other.

5. Warranty Information; Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUSINESS KINETICS LLP AND ITS PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,ACCURACY OF DATA, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER BUSINESS KINETICSLLP, ITS PARTNERSMAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES.
BUSINESS KINETICS LLP AND ITS PARTNERS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BUSINESS KINETICSLLP OR ITS PARTNERS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
The Site also provides a venue allowing for the posting by employers, of available job opportunities at their companies or companies they represent (hereinafter referred to collectively as “employers”) and by candidates of their own resumes. The Company does not evaluate or censor the resumes, job listings or other information posted to the Site. Moreover, the Company is not involved in the actual transaction, if any, between potential employers and candidates. Consequently, we have no control over the quality, safety or legality of the job listings or resumes posted to the Site, the truth or accuracy of such job listings or resumes, the ability of employers to hire candidates or the ability of candidates to fill job openings.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behaviour of the Site's users, in the event that you have a dispute with one or more Site users, you release BUSINESS KINETICSLLP. (and its partners and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretences, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing or other material you post to the Site. Business Kinetics neither warrants nor guarantees that a resume or job posting will be viewed by any specific number of users, or that a resume or job listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.
Additional Disclaimer. CUSTOMER/USER ACKNOWLEDGES THAT THE SERVICE IS HOSTED BY A THIRD-PARTY HOSTING PROVIDER (THE “HOSTING CONTRACTOR”) AND USES THIRD PARTY SERVER HARDWARE, DISK STORAGE, FIREWALL PROTECTION, SERVER OPERATING SYSTEMS, MANAGEMENT PROGRAMS, WEB SERVER PROGRAMS FOR DELIVERY OF THE SERVICE (THE “HOSTING CONTRACTOR SERVICES”). ADDITIONALLY, BUSINESS KINETICS USES THIRD PARTIES TO HELP RECEIVE PAYMENTS (“PAYMENT PROCESSOR”). BUSINESS KINETICS MAY CHANGE ITS HOSTING CONTRACTOR AND PAYMENT PROCESSOR AT ANY TIME. USER/CUSTOMER’S USE OF THE SERVICE IS SUBJECT TO ANY RESTRICTIONS IMPOSED BY THE HOSTING CONTRACTOR AND THE PAYMENT PROCESSOR, AS APPLICABLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BUSINESS KINETICS LLP SHALL NOT BE LIABLE FOR ANY PROBLEMS, FAILURES, DEFECTS OR ERRORS WITH THE SERVICE TO THE EXTENT CAUSED BY THE HOSTING CONTRACTOR OR PAYMENT PROCESSOR. CUSTOMER/USER ACKNOWLEDGES THAT THAT BUSINESS KINETICS IS NOT RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THE HOSTING CONTRACTOR OR PAYMENT PROCESSOR.

6. LIMITATION OF LIABILITY

A. NEITHER BUSINESS KINETICS LLP NOR ITS PARTNERS ARE RESPONSIBLE OR LIABLE FOR:-

B. USER(S) ACKNOWLEDGE THAT INABILITY TO USE THE WEBSITE WHOLLY OR PARTIALLY FOR WHATEVER REASONS MAY HAVE AN ADVERSE EFFECT ON ITS BUSINESS. BUSINESS KINETICS ASSUMES NO LIABILITY WHATSOEVER FOR ANY MONETARY OR OTHER DAMAGE SUFFERED BY THE USER INCLUDING ON ACCOUNT OF ANY ONE OR MORE OF THE FOLLOWING:

C. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE BUSINESS KINETICS LLP SOLE AND EXCLUSIVE MAXIMUM LIABILITY IN ANY AND ALL CIRCUMSTANCES SHALL BE LIMITED TO THE LESSER OF THE AMOUNT OF FEES AND/OR CHARGES PAID BY THE USER OR RS. 3,000/- (INDIAN RUPEES THREE THOUSAND) OR THE US$ DOLLAR EQUIVALENT THEREOF.

7. INDEMNITYCLAUSE
The User admits and acknowledges that:-

i. The Business Kinetics cannot take responsibility or control the information provided by the Users, which is made available on the Website of the Business Kinetics as the Business Kinetics has provided information, display of the profile and products of the User on its Website in good faith and solely based on representations of the User, which the Business Kinetics has no reason to disbelieve.
ii. All losses and/or damages due to a member’s failure to correct wrong or outdated information registered at the time of the member’s application for the Service and registration of postings shall be the member’s own responsibility and Business Kinetics shall not be responsible for any results as such.
iii. The Business Kinetics in no way may be held liable for User provided information that may turn out to be offensive, harmful, inconsistent, inaccurate, or deceptive.
iv. Business Kinetics has no obligation to monitor the information, products description with features and/or materials posted on the Website of the Business Kinetics although the Business Kinetics shall at is sole discretion and without assigning any reason whatsoever shall have the right to remove or edit any content or information that in its sole discretion violates or is alleged to violate, any applicable law, rules or regulations or the spirit or letter of these Terms of Use. Notwithstanding this right, the User remains solely responsible for the content, information, product, service or the materials uploaded on the Website of the Company.
v. The User has represented that it has all rights in the products and service and the content provided on the Website of the Company in respect of the products or service does not and shall not infringe any applicable law, rules or regulations and does not infringe the trademark, copyright and/or the patents or any other proprietary or any other rights of any third party in the said product or service and such product, service or its content does not contain libelous, tortious, or any unlawful information in any manner whatsoever.
vi. Business Kinetics shall not be responsible or liable for the quality, quantity, description, features, content and/or other information in respect of the product and/or service.
vii. User further hereby indemnifies and keeps the Business Kinetics and its partners , employees, representatives and/or any other persons in day to day in charge and management of the Company harmless and indemnified against any costs, damages, liabilities or other consequence of any of the actions taken by any person in respect of any product or service displayed and/or in respect of any contents of the said product including on account of any of the factors mentioned in the foregoing sub-paragraph (i)to(vi)above.

The User further undertakes that if the Company(Business KineticsLLP) were to incur any cost/loss/penalty etc. on account of any act or deed of the User or their clients in relation to the display of any product or its contents etc. than the User shall indemnify the Company and its Directors, partners , employees, representatives and/or any other persons in day to day in charge and management of the Company indemnified and harmless against any such cost/loss penalty etc.

The User further undertakes that if the Company is made a party to any of the litigation by any person or in any proceeding initiated by any Government agencies than the User shall indemnify the Company and its Directors, partners , officers, employees, representatives and/or any other persons in day to day in charge and management of the Company in respect of any cost or expenses incurred in defending any such action and the User shall without demur reimburse the cost, expenses to the Company as is demanded by the Company from the User.

8. DISPUTES BETWEEN USER’S
A. The site users is solely responsible for the communications (through any medium) with prospect or vice versa. Business Kinetics expressly disclaims any responsibility or liability for any monetary transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any Business Kinetics user’s inter se via e-mail, chat, interaction, WhatsApp or any other medium of communication between Business Kinetics user’s either using website /App or otherwise.
B. Business Kinetics has no obligation, to monitor any such disputes arising between the any Business Kinetics users, and Business Kinetics shall not be party to any such dispute/litigation etc.
C. Business Kinetics is not a broker or the agent of any Business Kinetics users, and Business Kinetics does not partake in the exchange of any kind of discussion between the Business Kinetics users and prospects or the results of their discussion.
D. When you use the Services, you release Business Kinetics from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to (a) disputes between users, or between users and any third party relating to the use of the Services and (b) the Services.

9. SUSPENSION / TERMINATION OF SERVICES
Business Kinetics reserves the right to partially suspend the User’s access to certain features, panels, access points or fully terminate a User's Account at any time without assigning any reason or notice to the User (Free and Paid Members) in order to protect the interests of other Users of Business Kinetics and / or the interests of Business Kinetics
Termination or suspension either fully or partially as deemed fit by Business Kinetics may be on reasonable grounds to suspect / on receipt of complaint / a belief / an investigation / a notification from law-making bodies or governing authorities and can be done for the following reasons:
A. If there is any breach of the provisions of this Agreement by the User(s).
B. If the information provided by the User(s) is untrue, inaccurate or is not current or complete, or if the User(s) unlawfully uses another person’s or business entity’s name or impersonates another person or business identity in any manner.
C. If the User's actions may cause financial loss or legal liability to other User(s), or Business Kinetics or its partners
D. If the User(s) is engaged in misuse or fraudulent use of the Services or involved in illegal / prohibited / inappropriate communications / activities / transactions
E. If the User(s) posts any information that is unrelated to the services extended by the Site or uses the Site for spamming
F. If the User(s) is involved in unauthorized access, use, modification, or control of the Site database, network or related services.
G. If the User(s) accesses another User(s) account by obtaining another registered User(s) Username and/or Password.
H. If the User(s) infringes the intellectual property rights of any other person or business entity.
I. If the User(s) activity that may not be in accordance with the ethics and honest business practices.
With such termination, the User(s) would lose the authority to use the Free and Paid Services of the Site and would not be entitled to register again with new User information unless permitted by Business Kinetics in writing. No membership charges / subscription fee paid by the User(s) will be refunded in case of termination. The User(s) acknowledge and agree that any direct or indirect damage caused due to such termination are not a liability of Business Kinetics.

10. VOID WHERE PROHIBITED; INDEMNIFICATION
Although the Site is accessible worldwide, not all products or services discussed, referenced or made available on the Site are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Site are appropriate or available for use in locations outside the India. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. The Business Kinetics reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
You agree to indemnify, defend and hold us, our partners , employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Community Guidelines , and/or (c) your activities in connection with the Site or Site-related services (d) your User Content.

11. SERVICE AVAILABILITY
We may change or end any Service or modify our prices prospectively. We may change, suspend or discontinue any of our Services.
We don’t promise to store or keep showing any information and content that you’ve posted. Business Kinetics is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

12. ACKNOWLEDGEMENT
This Site may contain links to other web sites operated by third parties ("Linked Sites"). We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the Company (Business Kinetics) and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors.

13. Arbitration Clause for Dispute
The Parties shall discuss among themselves and resolve any disputes informally. We are interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If the dispute is not resolved within 30 (thirty) days from the date of such dispute, then such dispute may only be resolved through an individual arbitration conducted in accordance with the provisions of The Arbitration and conciliation Act, 1996, by sole arbitratorto be nominated by the partners of the Business Kinetics (hereinafter referred as "the nominating authority"). The Sole Arbitrator so appointed by the nominating authority shall be a practicing Advocate of not less than 5 years in practice or a retired judge of the High Court. The User shall not be entitled to raise any objection to any such Sole Arbitrator appointed by the nominating authority on any ground whatsoever. The arbitration shall be held in accordance with the provisions of the Arbitration & Conciliation Act, 1996 or any other applicable law at the relevant point of time. The language of the arbitration shall be English and the award rendered in arbitration shall be a reasoned award in writing and shall be conclusive and binding on the parties. The venue of arbitration shall be at New Delhi, India.

14. Governing Law and Jurisdiction
a. This Agreement and any dispute or matter arising out of or in connection with and/or incidental to the use of the Site and/or the Services shall be governed by the laws of India without regard to its conflict of law’s provisions.
b. The User and the Company hereby irrevocably submit to the sole and exclusive jurisdiction of the courts at Delhi, India.

15. Ownership of Intellectual Property
All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of the Company shall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.

16. BACKUP POLICY
YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY USER CONTENT YOU UPLOAD, POST OR MAKE AVAILABLE THROUGH THE SERVICES DURING ANY APPLICABLE SUBSCRIPTION TERM AT YOUR SOLE COST AND EXPENSE. YOU MAINTAIN RESPONSIBILITY AND LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR FOR FAILURE TO MAINTAIN BACKUP COPIES OF YOUR USER CONTENT. BUSINESS KINETICS IS NOT LIABLE TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM THE LOSS OR BREACH OF YOUR USER CONTENT IN CONNECTION WITH YOUR USE OF THE BUSINESS KINETICS SERVICES.
BUSINESS KINETICS uses third party vendors to host and store any Media that you upload to BUSINESS KINETICS website through your use of the BUSINESS KINETICS Services. We may require our vendors to maintain certain standards with respect to your User Content, but BUSINESS KINETICS does not guarantee that your User Content will be secure and/or available at all times during the Subscription Term. BUSINESS KINETICS does not guarantee that your User Content will be available on the Services after the termination of your Subscription, irrespective of the reason for such termination. It is your sole responsibility to create and maintain backup copies of any such User Content on a regular basis. Please note that when User Content or other files are deleted (or your account is cancelled), those files will be deleted as soon as reasonable pursuant to BUSINESS KINETICS’s data destruction policies and cannot be recovered by BUSINESS KINETICS or any third-party vendor following deletion.

17. Your liability to Business Kinetics:
If you do something that gets us sued, or break any of the promises you make in these Terms of Service, you shall compensate us for any liabilities, losses, claims, and expenses (including reasonable legal fees and costs) that arise from or relate to your use or misuse of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this clause, in which case you agree that you’ll cooperate and help us in asserting any defenses

18. MISCELLANEOUS

a. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
b. None of the Services, materials, Content, data, or information available on or through our Websites constitutes employment, career, financial, legal, or other professional advice.
c. These Terms of use (including additional terms that may be provided by us when you engage with a feature of the Services), together with the Privacy Policy and any amendments and any additional agreements you may enter into with Business Kinetics shall constitute the entire agreement between you and Business Kinetics concerning the Service. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
d. You cannot assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Business Kinetics can assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
e. Business Kinetics reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members.
f. We welcome feedback from our users regarding ideas and suggestions for improvements to the Site, Services and Products. Business Kinetics will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant Business Kinetics a royalty-free, sublicensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.
g. The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email or by posting notices on the Site. The User hereby agrees that all agreements, notices, demands, disclosures and other communications that the Company sends electronically including by posting on Site, satisfy the legal requirement that such communication is in writing.
h. Product names mentioned by user in their product profile must be consistent with the other product-related information, including product photos, product descriptions, etc. They must be as accurate, complete and concise as possible. Any brief and detailed descriptions of a product shall be based on the actual condition of the product. Such descriptions can introduce functions, characteristics, features of the product in details
i. All responsibilities under the Civil and Criminal Acts including infringement on copyrights caused by images, phrases, videos (including attached files) posted shall rest with the member who posted such materials and Business Kinetics shall not be held responsible for them.
j. Feedback provided by Buyer/Customer to supplier on their request is general feedback, Supplier cannot use such feedback for any commercial, Legal purpose

19. Special Provisions Applicable to Jobseekers/professionals
By registering your resume on Bkinetik.com, you agree to the following terms
The resume/ insertion or information/data fed by the user can be updated by the user alone, free of cost.
By uploading or creating a resume through the Site, you are requesting and authorizing Business Kinetics to make available your resume on the Site and to third parties (such as Employers and Business Kinetics partners or affiliate websites) that Business Kinetics believes may have an interest in your resume. Business Kinetics assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. It is your responsibility to review your resume to ensure it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Business Kinetics to do so.
Business Kinetics offers no guarantee nor warranties that there would be a satisfactory response or any response at all once the resume/ insertion or information/data is fed by the user.
Business Kinetics neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective employer/organization which downloads/ask the resume/ insertion or information/data and uses it to contact the user.
Business Kinetics would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Business Kinetics's reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
It shall be sole prerogative and responsibility of the user to check the authenticity of all or any response received pursuant to the resume/ insertion or information/data being fed into the network system of Business Kinetics by the user, for going out of station or in station for any job or interview Business connect assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the user may so do, pursuant to the receipt of the response, if any, to the resume/ insertion or information/ date being fed into the network system of Business Kinetics.
Uploading of multiple resumes beyond a reasonable limit by the same individual, using the same or different accounts shall entitle Business Kinetics to remove the Resumes without notice to the subscriber. This service is only meant for candidates looking for suitable jobs. Any usage with commercial intent is prohibited.
Business Kinetics reserves its right to reject and delete any resume/ insertion or information/data fed in by the user without assigning any reason.
In addition, by using Bkinetik.com, you agree that Bkinetik.com is not responsible for the content of the Employer's /organization application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.
The subscriber/user undertakes that the data/information provided by him is true and correct in all respects.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
The Company has no obligation to monitor the Site or Site-related services, including any forum, or any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that the Company has the right (but not the obligation) to monitor the Site and Site-related services, including any forum, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who, in the Company's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.
By sending a response to a job listing, you agree to the following:
1. You indicate your interest in the Job Listing using the Services, you are sending your CV/Resume and application information including relevant documents to advertiser and you are requesting and authorizing advertiser to make available such application information to the applicable Employer(s) for such Job Listing(s) or use such information for any other purpose.
2. You also agree that Business Kinetics is not responsible for the content of the Employer’s application form/Details mentioned by advertiser, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
3. This Service entitles the User alone to add, modify or change the data/information fed in by him but does not entitle him to use the service to feed fresh insertion or information/data /resume of another person in place of the insertion or information/data already fed in by such User.
4. Any Service Agreement entered into between a User/Subscriber and Business Kinetics will be treated as having been terminated in case the User/Subscriber violates any of the conditions of these Terms and Conditions or any other agreement entered into between User/Subscriber and Business Kinetics. However, such termination will be at the option and sole discretion of Business Kinetics;
5. You agree that you may be contacted via email, telephone by the advertiser of the job listing, for position applied for or for any similar position arising in future and Business Kinetics will not be held responsible for contacts/mails received by you from the advertiser.

20. JOB ADS OR JOB LISTINGS
Business Kinetics is a manpower supply agency. On behalf of third party Business Kinetics may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through the Site. Searching for Job Ads on Business Kinetics is free for Job Seekers. Job Ads are created and provided by third parties over whom Business Kinetics exercises no control; you acknowledge and understand that Business Kinetics has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site.
You understand and agree that Business kinetics has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user or Business Kinetics on behalf of other Companies, including the identity of such Employer/Company or other user. Business Kinetics assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments.

21. ADVERTISING.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Business Kinetics is not responsible for the acts or omissions of any advertiser or sponsor.

22. ADDITIONAL TERMS APPLICABLE TO BUSINESS KINETICS PRO SERVICES (“BUSINESS KINETICS PRO SERVICES TERMS”)
In addition to the terms of use the below terms shall apply to subscription plan selected by user under Business Kinetics Pro Services. You may use the Business Kinetics Pro Services only in accordance with these Business Kinetic Pro Services Terms (and the Terms of Use of which they are a part).
Subscriptions
The Business Kinetics Pro Services are available to users who pay in full the Subscription fees (“Subscription Fees”) applicable to the level of Subscription selected by such user (the “Subscription Plan”). If you wish to purchase a Subscription, we will ask you to provide certain information in order to facilitate such purchase, including your credit card number, billing address and any related payment information as required by Business Kinetics (collectively, “Payment Information”). Business Kinetics may use a third party payment processor (e.g., Razor pay or PayPal etc ) to facilitate your payment of any Subscription Fees. Any Payment Information that you provide will be governed by the terms of our Privacy Policy. By submitting Payment Information via the Services, you warrant that you have the legal right to use any such credit card or other payment mechanism that you provide to facilitate the transaction.
Subscription Plans
Business Kinetics offers a variety of Subscription Plans designed to reflect the diverse needs of our users, each with its own features, descriptions, functionality and terms with respect to the use of the Services. A description of each Subscription Plan that is currently offered by Business Kinetics is available at Business Kinetics website. By purchasing a Subscription, (i) you agree to pay all applicable Subscription Fees and other charges in accordance with your selected Subscription Plan, pursuant to termination provisions described below (including any applicable taxes, such as GST), and (ii) you agree that you are only entitled to the features and services applicable to the Subscription Plan that you select at the time you purchase a Subscription.
The Business Kinetics Pro Services are intended to be used by Business Kinetics users for the distribution and job posting, webinar advertisement etc, as permitted under the user’s applicable Subscription Plan. Business Kinetics, at its sole discretion, reserves the right to limit, suspend or terminate your use of the Business Kinetics Pro Services if Business Kinetics determines that you have violated these Business Kinetics Pro Services Terms or the Terms of Use.
Each Subscription is personal to the individual Business Kinetics user. You may not transfer or assign your Subscription to another individual, entity or Business Kinetics user unless such transfer or assignment is expressly permitted by the terms of your Subscription Plan.
Your Subscription is valid commencing on the date in which Business Kinetics provides you with access to the Services pursuant to its receipt of your valid Payment Information (the “Commencement Date”) and will last for the duration of the Subscription term that you select at the time of your registration for the Business Kinetics Pro Services (the “Subscription Term”).
Interruptions or Discontinuation of Business Kinetics Pro Services; Changes to Pro Services and Terms of Use
Business Kinetics reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Business Kinetics Pro Services or any portions thereof, including the Subscription Plans and any policies, features and terms applicable thereto. If the Business Kinetics Pro Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by Business Kinetics, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the Business Kinetics Pro Services may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.
BUSINESS KINETICS WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE BUSINESS KINETICS PRO SERVICES FOR ANY REASON, OR FOR ANY LOSS OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS ON THE SERVICES.
Termination of Services
You may request the termination of your Subscription at any time by sending a message through http://bkinetik.com/website/contact/ to providing clear written notice of such request. When Business Kinetics receives your termination request, Business Kinetics will terminate your Subscription and notify you of such termination via email. Business Kinetics may request additional information from you prior to terminating your Subscription. Your Subscription is not terminated until you receive confirmation of such termination from Business Kinetics. If you terminate your Subscription, such termination will be effective from the date you receive confirmation on such termination
Business Kinetics may terminate a Subscription, or any user’s access to and use of the Business Kinetics Pro Services, at any time for any reason at its sole discretion, which such termination will be effective immediately. If you violate the Terms of Use, Business Kinetics at its sole discretion may (i) require you to remedy any violation thereof and/or (ii) take any other actions that Business Kinetics deems appropriate to enforce its rights and pursue available remedies.
All Subscription Fees are non-refundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.

23. Terms and Conditions for webinar event advertisement
In addition to the Business Kinetics User Agreement (which are incorporated by reference) the below terms shall apply to webinar event or other event details posting (the “Services”) on Business Kinetics Website for promoting the event. You are solely responsible for your webinar event or other event (the “Event”) and you may not state or imply that you are sponsored by, or affiliated with, Business Kinetics

Conduct and Content. You agree that:

You will follow our “terms of use”, community guidelines, including the other terms , and keep your Event professional, respectful, and safe.
You will be responsible for ensuring that information/material posted on website complies with applicable International and National law.
You will not use the services to communicate or administer a promotion.
You will provide upfront clear disclosure of the fees and costs to be charged.
You shall maintain reasonable insurance against loss or damage, of such types and in such amounts that are reasonable given the Event you host.
The Event information posted on website will NOT:
      a) violate or infringe upon the rights of any third party;
      b) be defamatory, disparaging, misleading, fraudulent or deceptive;
      c) impersonate or make false representations about a brand, entity or public figure;       d) include any pornographic, obscene, profane, or offensive content or behaviour;
      e) include (or encourage) conduct that is unlawful, threatening, abusive, violent, harassing, discriminatory, or otherwise inappropriate;
      f) be (or encourage conduct that is) unsafe or that could harm others or that could give rise to criminal or civil liability; or
      g) be inconsistent with the goals and values of business Kinetics

Limits. You acknowledge and agree that:
Business Kinetics will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Business Kinetics advertisers on the Website. Business Kinetics reserves the right to omit, suspend or change the position of any advertising material posted on website. Acceptance of advertisements on the site and Mobile apps will be subject to these terms and conditions.
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify Business Kinetics including its partners for all claims arising out of any content that you post on the Site or its products.
Business Kinetics will not assist you in the administration of your promotion, you do so at your own risk
Acknowledgement that the promotion is in no way sponsored, endorsed, administered by or associated with Business Kinetics.
Business Kinetics may modify these terms at any time without notice and you agree to comply with the most recent version of these terms.

Cancelling an event
The event organiser will need to inform their customers of an event cancellation using reasonable endeavours to contact customers by email (using the details provided at the time of booking) advising them of the cancellation and initiating the refund process. The event organiser will indemnify Business Kinetics for any losses of any kind suffered by him.

Event postponed or change of venue
The event organiser will need to inform their customers when an event has been postponed or of a venue change using reasonable endeavours to contact customers by email (using the details provided at the time of booking) advising them of the postponement or venue change and to contact you for details of your exchange and refund policy.
Business Kinetics does not promise to store or keep showing any information and content posted other than as noted in our Privacy Policy. We have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable laws and as noted in our Privacy Policy.

Compliance with Data Policies.
As with our other Business Kinetics services, our collection, use and sharing of your personal data is subject to our Privacy Policy (which includes our Cookie Policy and other documents referenced in the Privacy Policy) and updates. You agree that you will comply with all applicable terms when collecting, using or otherwise processing any personal data related to Business Kinetics members. If you collect content or data and/or process data about Business Kinetics members, you (and not Business Kinetics) must provide clear notice and obtain user consent for your use of the content and data that you collect and/or process and that your processing is in compliance with applicable laws (including by clearly informing data subjects about your processing and obtaining their unambiguous consent). You (and not Business Kinetics) are responsible for your (and your agent’s) processing of this data. Your Event must not access or collect any information about Business Kinetics members through any automated means, including harvesting bots, scrapers, spiders or robots.

ADDITIONAL LIABILITY TERMS
YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR THE EVENT AND FOR ANY AND ALL RISKS THAT MAY BE ASSOCIATED WITH, AND FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR CAUSE OTHERS TO SUSTAIN, IN CONNECTION WITH OR ARISING FROM YOUR EVENT.
YOU HEREBY RELEASE AND HOLD HARMLESS BUSINESS KINETICS AND ITS PARTNERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, EXPENSES, INJURIES, AND ACCIDENTS (COLLECTIVELY, “CLAIMS”) IN CONNECTION WITH OR ARISING FROM YOUR EVENT. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BUSINESS KINETICS AND ITS PARTNERS AND EMPLOYEES FROM AND AGAINST ANY CLAIMS IN CONNECTION WITH OR ARISING FROM YOUR EVENT. IN NO EVENT SHALL BUSINESS KINETICS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY MANNER FROM THE EVENT, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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