For the purpose of this Agreement, the term, “Personal Information” shall mean and include, without limitation, personal details such as name, age, address, and employment details and such Personal Information may also include passwords, details of bank account, credit card, or debit card or other details of payment instrument (collectively, “Financial Information”) as may be obtained from you for facilitating online payments during your usage of the website.
Your organization will provide your personal information to create the account and will have access to modify on need basis. Upon signing up to your account, you will be considered as user of the account and will have access to the website as per the role assigned to you by your organization. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Kwench immediately of any unauthorized use of your account or any other breach of security. Kwench will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge so long as the security or data breach is not attributable to any fraud, negligence, security breach, or misconduct on part of Kwench. However, you could be held liable for losses incurred by Kwench or another party due to unauthorized use of your account.
DATA PRIVACY AND CONFIDENTIAL INFORMATION
Personal Information submitted by you or collected from your organization, whether on or through this website or otherwise and other information collected from you for the purpose of providing access to website shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of active contract meeting the prescribed industry security standards. Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws.
Kwench may use certain technical information, including, inter alia, log data, analytics code, etc. that you do not visibly enter and which are automatically collected during your access or use of the website, such as, IP address, version and identification number of the device, browser type, browser language, date and time of your requests to obtain vital statistics regarding your usages of the website, enhance your experience and interface, increase the efficiency of the website, perform software verification and administration.
SECURITY OF PERSONAL INFORMATION & WARRANTIES
The Website is committed to protect the security of your Personal Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the website shall not be liable for retaining your Personal Information beyond a period of 1 day from the date of deactivation of the contract.
Kwench has implemented industry accepted standards of technology and operational security so as to protect your Personal Information from loss, misuse, alteration or destruction. Access to your Personal Information is restricted to Kwench’s authorised personnel and affiliates on need to know basis and such personnel have agreed to maintain confidentiality of your Personal Information. Further, Kwench adheres to the applicable laws, regulations and policies regarding the collection, use, retention and sharing of your Personal Information. While Kwench follows the standard industry practices and takes reasonable security measures to protect your Personal Information under its control, such Personal Information may be subject to unlawful or unauthorized access, regulatory measures, interception of transmissions, accidental security breaches due to circumstances beyond the reasonable control of Kwench. Subject to the applicable laws permitting, Kwench disclaims all liability for such unlawful or unauthorized access, accidental security breaches and disclosure made under applicable laws. However, Kwench will put its best efforts to minimize such instances of breach and rectify the problems at the earliest feasible time. The Users hereby acknowledge and understand that all Personal Information provided to or through the website is with their cognizance and informed consent.
Kwench will ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time with prior notice.
The website and all the information, images, logos, trade names, domain names, service marks and other materials on this website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the website (collectively, “Intellectual Property”) are the exclusive intellectual property of Kwench and / or Organisation or respective third parties and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. Kwench’s Intellectual Property shall not be used in connection with any purpose other than performing activities on website and matters incidental thereto. Unless otherwise specified, the website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the website. Any unauthorized use of Kwench’s Intellectual Property, except as mentioned above, shall be violative of copyright, trademark, and/or other intellectual laws of India and other relevant jurisdictions.
INTERNATIONAL TRANSFER OF DATA
In the process of providing access to you, website may transfer Personal Information that it collects from you/your organization to affiliated entities across borders on need to know basis with an obligation to maintain Your Personal Information confidential for the limited purpose of upkeeping and maintaining the website. By using this website, you hereby consent to transfer of your Personal Information across countries or jurisdictions which shall abide by the rules governing such international data transfers. You consent to Kwench sharing Personal Data to such affiliated entities or other third parties across countries or jurisdictions approved by your Organisation.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Kwench, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to this website; (b) your violation of any term of this Agreement; (c) violation of any of the Intellectual Property Rights of Kwench. The indemnification obligation will survive the termination of this Agreement.
LIMITATION OF LIABILITY
Kwench does not endorse the content, messages or information shared or exchanged on Website (other than information posted by Kwench) and, therefore, it specifically disclaims any liability with regard to communications and activities performed on others. Neither Kwench nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the website including, but not limited to: (a) damages caused by defamatory, offensive, or illegal actions; (b) damages caused by viruses, malfunctions, or harmful components accessed through the website, and (c) damages for lost profits, loss of data, loss of opportunity, or other intangibles, whether foreseeable or unforeseeable. The liabilities of Kwench under this Agreement for any damages caused to you on account of data theft, security breaches, loss of data shall be limited to 10 USD. Further, Kwench shall not be responsible for the contents of any linked website, payment gateway service provider, or any link contained on its website, or any changes or updates to such websites.
The use of the website shall be exclusively governed by the laws of India and the courts in Mumbai, Maharashtra shall have the exclusive jurisdiction over such matters. Kwench hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
Any dispute arising out of or in connection with this Agreement, including, inter alia, any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 and the rules made thereunder. The decision of the majority of the arbitrators shall be final and binding on the parties. The seat and venue of the arbitration shall be Mumbai, India.
If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.