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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
This version of the terms is effective as of April, 2011. The terms (“Terms”) together
with the Privacy Policy and any applicable license agreements govern your use of
the Web site at www.1akal.com ("Site"), constitute the
entire agreement between you and AKAL and govern your use of the
services, superseding any prior or contemporaneous agreements between you and
AKAL. The failure of AKAL to exercise or enforce any
right or provision of the terms shall not constitute a waiver of such right or provision.
By accessing, ordering or using the services via telephone or online via the site,
or vide remote access of your IT Infrastructure or any other network device, you
and other users of the services (collectively, "Users") agree to these
Terms. If you do not agree to these Terms, you should not access or use the Services.
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy
Policy and are incorporated by reference to these Terms and Conditions.
"IT Infrastructure"
IT infrastructure (like Computers, Servers, Operating Softwares & other Industry
standard Softwares, Networks routers, firewalls, peripherals etc.)
“Services”
Support services provided by AKAL TECHNOLOGIES INC, a subsidiary
of AKAL Information Systems Ltd., India. either by telephone or
computer are collectively referred to as the "Services"
"You" or "you"
"You" or "Your" means you or, for services designed for businesses
("Business Services"), the legal entity that You authorize to represent
and on whose behalf the Business Services are purchased).
Agents
Any agent appointed by you (i.e. company, employee, client, etc) who has purchased
our services on your behalf. You are nonetheless bound as a principal by all the
terms and conditions herein.
USE OF THE SERVICES
You are not permitted to use, download or copy any information, data, text, photographs,
graphics, video, or other materials provided with the services ("Content")
unless:
- you use the content solely for personal, informational and non-commercial purposes;
- AKAL's trademarks and copyright symbol and statement set forth
on each page of the site appears on each downloaded or copied page; and
- no modifications are made to any content whatsoever.
"All references to AKAL or the web site (www.1akal.com) and AKAL refer to AKAL TECHNOLOGIES
INC, a subsidiary of AKAL Information Systems Ltd.,
India.
"AKAL Certified Technician/(s)"
“AKAL Certified Technician means” technicians and specialists certified
by AKAL to perform the Services under this Agreement.
“One Time Service”
“One Time Service Plan” are an individual service plans offered by AKAL
that are active for a single use only.
"Subscription Services"
“Subscription Services” or “Subscription/(s)” are tenured Subscription plans offered
by AKAL that are active for a specified period and will not include
any one time usage plans or the like.
"Services" AND "AKAL Portal"
All references to "Services" refer to any AKAL
service plan that you enter into with AKAL through use of the
AKAL Website located at www.1akal.com (the "AKAL
Portal") or by calling the AKAL phone number mentioned on
the AKAL Website. These Terms of Use govern all plans available
through the AKAL Website, and any use of the AKAL
Portal. In the event of any conflict, these Terms of Use control any valid Plan
Order form that you submit requesting Services ("Plan Order").
SCOPE OF SERVICES
You may initiate or order or avail the services via the telephone, via
the site, or other means made available by AKAL. AKAL
will use commercially reasonable efforts to answer or resolve your technology questions
and resolve your technology problem for a stipulated fee as set forth in the site
or as quoted on the telephone, as applicable. AKAL provide the
services via a remote access session, online chat or e-mail. We may set forth limits
to the technology we support. Certain services to be provided by us may require
certain minimum threshold of technological system requirements.
AKAL services may include Services that are available on a one-time
basis, on payment of a stipulated fee ("One Time Services"); as well as
subscription services, which are an entitlement to more than one service over a
period of time, for a recurring fee ("Subscription Services").
TERMS OF USE
We have agreed to provide you with access to and use of the services subject to
absolute and strict compliance with the terms by you. AKAL reserves
the right to refuse to provide the services to anyone at any time without notice
for any reason. You represent and warrant to us that
- You are at least 18 years old;
- You have the right, capacity and authorization necessary to legally bind yourself
to the terms;
- You have read and agree to the Terms/Privacy Policy on the site,
- You will comply with all treaties, laws, rules and regulations applicable to your
use of the services,
- any information you submit to AKAL is correct and complete, and
- any payment or credit card information you supply is correct.
AUTHORIZATION TO ACCESS YOUR IT INFRASTRUCTURE; MONITORING OF THE SERVICES
You acknowledge that by your use of the services you are authorizing
AKAL to access and control your IT Infrastructure for the purposes
of diagnosis, service and repair.
In connection with delivering the services, AKAL may download and
use software, gather system data, take remote control of your IT Infrastructure
and access or modify your IT Infrastructure settings. By accepting these terms,
you hereby grant AKAL the right to connect to your IT Infrastructure,
download and use software to gather system data, repair, take remote control and
change the settings on your IT Infrastructure while performing the services. Other
than as set forth in the warranty section below, you agree that AKAL
has no responsibility or liability under any circumstance at any time for any loss
or harm that may arise from or may be related to the services.
We may, but have no obligation to, monitor and record the services, including telephone
calls and online sessions for purposes of improving customer service, internal training
and internal market research. You hereby grant permission to AKAL
to monitor and record the services and to use or disclose any information as necessary
or appropriate to satisfy any law, regulation or other governmental request; to
provide the services to you and our users; to protect ourselves and/or our users;
and to enhance the types of services we may provide to you in the future. You also
grant AKAL, permission to combine your information with that of
others in a way that does not identify you or any individual personally to improve
the services, for training, for marketing and promotional purposes, and for other
business purposes.
We may, but have no obligation to, monitor and/or to review all materials posted
to the site or through the site's services or features by third parties, and we
are not responsible for any such materials posted by third parties. We are not responsible
for any failure to monitor, review and/or delete any materials posted to the site
or through the site's services or features by third parties. However, we reserve
the right at all times to disclose any information as necessary or advisable to
satisfy any law, regulation or government request; and to edit, to refuse to post
or to remove any information or materials, in whole or in part, that, in our sole
discretion, are in violation of these terms or applicable law. We may also impose
limits on certain features of the site or restrict your access to part or the entire
site without notice or penalty if we believe you are in breach of the guidelines
set forth in our terms or in violation of applicable law without notice or liability.
DATA BACKUP
It shall be incumbent upon you to take a backup or make copies of DATA so that these
additional copies may be used to restore the original after a data loss event. The
primary purpose is to recover data as a reaction to data loss, be it by data deletion
or corrupted data. The secondary purpose of backups is to recover data from a historical
period of time within the constraints of a user-defined retention policy, typically
configured within a backup application for how long copies of data are required.
You are solely responsible for maintaining and backing up all information, data,
text or other materials (collectively "customer data") and software stored
on your it infrastructure and storage media before ordering the services. You acknowledge
and agree that AKAL or its referral partners have no responsibility
or liability under any circumstance at any time for any loss or corruption of customer
data, software or hardware that may arise out of the services.
AKAL does not provide separate backup copies or support installation
of unlicensed software to customers. Please ensure that you have a licensed copy
of all necessary software.
WARRANTY
In certain exceptional circumstances, the Services rendered by us may not result
in a successful resolution of the problem encountered by you on account of any reason
whatsoever, notably where the problem encountered is one that may not be repaired
/ resolved from a remote access. If you have purchased “One Time Service” from
AKAL, then AKAL warrants to you that if we are not
able to resolve your technology problem and you have complied with all of your obligations
in these terms, we will not charge you a fee for the One Time Service. Further,
if you are experiencing a problem with the resolution we provided and you call us
within five (5) days from the day you originally received the “One Time Service”,
we will make commercially reasonable efforts to try to resolve your problem on payment
of no additional charge whatsoever. If those efforts are unsuccessful, we will refund
the fees that you paid for the “One Time Service”.
Except what has been stated aforesaid, there are no other warranties undertaken
by us for the services rendered.
AKAL further makes no warranties or representations with respect
to any advice, guidance, information or other content posted to the community portion
of the site or otherwise supplied to the site by any third party, and expressly
disclaims all warranties, express or implied, with respect to community content
and other third party content available on the site.
DISCLAIMER OF WARRANTIES
You understand and agree that except what has been expressly set forth above, the
services (including, without limitation to all advice, content, and software etc.)
are provided on a ’as-is- where-is’ without any warranty of any kind whatsoever,
either express or implied, including, without limitation to, any warranties concerning
the availability, accuracy, completeness, usefulness of the services rendered by
AKAL, and no warranties of title, non-infringement, merchantability
or fitness for a particular purpose of the service rendered by AKAL.
AKAL does not warrant that the services will be timely, secure,
uninterrupted, error free, or successful in resolving the problem or difficulty
encountered by you or the IT Infrastructure problem. AKAL makes
no warranty that the services rendered by us will satisfy or meet your expectations
or requirements but will be under an obligation to make commercially reasonable
efforts to try to resolve your problem. No advice, results, content or materials
whether oral or written, obtained or received by you from the services rendered
by AKAL shall result in creation of any warranty whatsoever. Any
content or software that you access, download or use with the services is done at
your own discretion and risk and you agree that you will be solely responsible for
any damage that results from such activities.
USE OF SOFTWARE AND TOOLS
AKAL may need to download and/or run software on your
IT Infrastructure to help diagnose and resolve your technology problem. AKAL
uses several types of software: the first type provides IT Infrastructure information
to AKAL which helps us diagnose and resolve your technology problem,
the second type allows AKAL to remotely use and operate your IT
Infrastructure and modify its settings or software, and the third type generally
consists of utilities and other tools to improve IT Infrastructure performance and
help resolve your technology problems.
You acknowledge and agree that use of all AKAL software and third
party software and tools accessed, downloaded or otherwise provided or made available
with the services (collectively "Software") are subject to the use and
license agreements that may appear or be referenced when you access or download
the software. You are not permitted to access, download or use any such AKAL
software and third party software and tools accessed without agreeing to the terms
and conditions of the use and license agreements in absolute terms and without modification
whatsoever. You hereby acknowledge and unconditionally agree that we may be required
to download and utilize certain software from third party Web sites and may even
accept any applicable license agreements on your behalf to ensure an effective operation
and resolution of all software and service related issues experienced by you. You
hereby acknowledge and unconditionally agree that we are permitted to download and
install trial versions of software on your systems for the purpose of ensuring an
effective operation and resolution of all software and service related issues experienced
by you and that such trial version software may expire and cease to function after
elapse of a certain period of time (usually thirty days) unless you take immediate
steps to purchase an authorized license of such software to enable you to continue
use of such software. You may, subject to the terms of the service; use AKAL
software in connection with the services availed by you and for no other purpose
whatsoever. You agree that we may at our own discretion, but are not obligated to,
remove any software downloaded to your IT Infrastructure during the services after
having either completed or terminated your services.
CUSTOMER RESPONSIBILITIES
You must cooperate with AKAL at all times and immediately
without any delay respond to our requests for any information and/ or comply with
our requests to enable us to take requisite and necessary action to resolve your
technology problem(s). In order to help resolve your technology problem(s), we may
be required to download and utilize certain software from third party web sites
and may even accept any applicable license agreements on your behalf to ensure an
effective operation and resolution of all software and service related issues faced
by you, and you hereby acknowledge and unconditionally agree to consent to such
downloading and use of Software on your IT Infrastructure and accept all applicable
license agreements for the software.
REGISTRATION, PASSWORDS AND SECURITY
In order to use certain software or services, registration for using the
said software may be necessary. The said registration may be carried out by you
or we may carry out the said registration on your behalf. For the registration process,
you may be asked to designate or assign, or we may designate or assign for you,
a user name and password. You are solely responsible for maintaining the confidentiality
of any password or any account information you receive from AKAL,
and you shall be solely responsible for all activities that occur using that password
or any other account information. You must provide complete and accurate identification,
contact, and other information required as part of the registration process as required
under applicable law. Upon learning of any unauthorized disclosure or use of your
password or other account information, you must immediately and without any delay
notify AKAL about the same. AKAL would not incur
any liability whatsoever for any unauthorized use of the services under your account
or from your IT Infrastructure.
FEES AND PAYMENT
For the services rendered by AKAL, you shall be liable
to pay the fee agreed by or quoted to you on the telephone and/or rates that are
available on the site. The fee for the services will be charged and paid directly
from your credit card and you agree to pay the charges applicable to your selected
services, in addition to any applicable taxes including but not restricted to service
tax, sales tax etc..
For Subscription Services, the applicable fees will depend on the nature and type
of service or subscription that you have availed of or purchased, and also the duration
for which the said subscription has been availed or purchased.
Unless you have purchased a special or trial offer subscription service that specifically
provides other terms for cancellation and/or refund, you may cancel any subscription
service within five (5) days following your purchase of the subscription service,
by contacting AKAL. Otherwise, the fees for the subscription service
shall be charged and the same would not be refundable under any circumstances whatsoever.
By authorizing us to charge and take payment from your credit card for your subscription
service, you further authorize AKAL to continue to charge and take
payment from your credit card (or a replacement card, if the credit-issuing entity
informs AKAL that a replacement card has been issued) for all fees
associated with the subscription service, including renewals. if you do not wish
to renew your subscription service, you must contact AKAL at least
7 (seven) working days before the elapse of the period of subscription service;
if you do not contact AKAL seeking an end or non-renewal of subscription
service purchased by you, then the subscription service that you have purchased
or availed will be automatically renewed for the same subscription duration that
you had initially selected on payment of AKAL's then-applicable
fee rates for the said subscription service.
REFUND POLICY
For subscription based plans, a full refund will be issued if AKAL has not been
able to resolve even a single issue for you within the first 15 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service
will not be refundable. Notwithstanding this AKAL may, at its sole discretion and
on a case by case basis, agree to a refund of Subscription fees after deducting
charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following
criterions are met:
- You have all the prerequisites which were required to resolve the problem and Issue
was not resolved till the time account was active.
- The issue is out of scope for the particular plan
- 15 days have not passed after the issue was last worked upon by an AKAL technician.
TAXES
No fees and/or charges displayed on the website include any taxes or other government-imposed
fees, unless expressly stated to include such taxes or other government-imposed
fees. Taxes and/or any other government imposed fees will be payable by the user
at the rate in force at the time we debit the amount from you and may change. User
is responsible for the payment of all such taxes and other government- imposed fees.
SERVICE AVAILABILITY
The services may not always be available in your time zone or geographic
location. The services may not always be available due to system maintenance or
Internet service disruptions.
In order to obtain subscription services, you must at all times have current and
functional antivirus software/gateway security in place and running on your IT Infrastructure.
Failure to maintain such software/appliance may result in additional charges and
fees. In order to purchase subscription services, your covered IT Infrastructure
must be virus free and secure (as determined by us) at the time that you purchase
the subscription service. If we determine that your IT Infrastructure is infected
by a virus, we may require that you purchase a service to clean your IT Infrastructure
prior to obtaining subscription services.
AKAL reserves the right to terminate your subscription service,
upon notice, if AKAL determines, in its sole business judgment,
that your subscription service is being used (a) fraudulently, (b) maliciously,
(c) by any person other than you, (d) for any IT Infrastructure system other than
a registered system, (e) unreasonably. In the event that your subscription service
is terminated, AKAL will refund to you a pro rata portion of any
fees that you have prepaid for the subscription services. Subscription services
may be subject to additional requirements, limitations, and restrictions depending
on the subscription level you purchased.
USE OF THE SERVICES
Your use of the services is only for your personal and internal business
purposes and is not in any manner intended for any commercial use whatsoever, including
any resale or affecting any further transfer to others. You are not authorized to
sell, lease or rent, permit access to or use of the Services to any unauthorized
person in any manner whatsoever. You are further not permitted to allow access or
use of the services by any other manufacturers, suppliers or vendors of your technology,
or providers of services relating to such technology.
You are not permitted to use, download or copy any information, data, text, photographs,
graphics, video, or other materials provided with the services ("Content")
unless:
- you use the content solely for personal, informational and non-commercial purposes;
- AKAL's trademarks and copyright symbol and statement set forth
on each page of the site appears on each downloaded or copied page; and
- no modifications are made to any content whatsoever.
It is stated herein that the rights granted to you in connection with the services
merely constitute a license and not a transfer of title in any manner whatsoever.
AKAL however reserves the right to revoke the authorization to
view, download and print the content available on the site at any time, and any
such use shall be discontinued immediately upon notice from AKAL.
Except as expressly provided herein, you may not use, download, upload, copy, print,
display, perform, reproduce, publish, license, post, transmit or distribute any
content from the services in whole or in part without the prior written permission
of AKAL. Any rights not expressly granted herein are also hereby
reserved by AKAL.
RESTRICTIONS
You shall not:
- "mirror" ", i.e. unauthorized copying and reproduction of any content
on the site on any other server without AKAL's prior express written permission,
- use the service for any illegal purpose,
- misuse, abuse or make any unauthorized use of any property, network, website, personnel
or equipment of AKAL or its customers or its suppliers, including but not limited
interfering with or otherwise disrupting networks connected to the service,
- engage in any activities or actions in connection with the services that infringe
or misappropriate the intellectual property rights of others, including without
limitation, copyright, patent, trademark, trade secret and confidential information,
- engage in any activities that violate the personal privacy or publicity rights of
others;
- access, monitor or use data, traffic, servers, computers , IT Infrastructure systems,
facilities or networks provided with or accessible from the services, without proper
authorization, including any attempt to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures without express
authorization of the owner of the system or network;
- send unsolicited commercial messages, advertising, informational announcements or
communications in any form ("SPAM") in connection with the services; or
- interfere with the services or any system, service, network, or person accessible
from the services, including without limitation deliberate attempts to overload
a system by the multiple postings of messages.
If you have purchased subscription services, the subscription applies to the devices
included in the plan (e.g. servers, routers, firewalls, computers, printers, office
networks) at the time that you purchased the subscription services. Activation or
troubleshooting of other peripheral devices (e.g. devices that are acquired after
the date of your subscription services purchase) may require an additional fee.
Each of your IT Infrastructure device covered by your subscription will receive
a unique identifier. You may not obtain services for your device unless the identifier
matches a record in our system. If you wish to remove one device from your subscription
and substitute another device, please contact us.
MODIFICATIONS TO THE SERVICES
We reserve the right, for any reason, in our sole discretion and without
notice to you, to modify, terminate, change, suspend or discontinue any and all
aspects of the services, including Content, Software, features and/or hours of availability,
and we will not be liable to you or to any third party for doing so.
SECURITY
While we use reasonable security measures to deliver the services, you
understand and acknowledge that no data transmission over the Internet can be guaranteed
to be 100% secure and in any event. We do not guarantee, despite our best efforts,
that any personal information you have submitted to us will remain free from any
unauthorized intrusion.
SUBMISSIONS
All comments, feedback, information (other than your personally identifiable
information or billing information) or materials submitted to AKAL
("Submissions") shall be considered non-confidential and AKAL's
property. By providing such submissions to AKAL, you agree to assign
to AKAL, at no charge, all worldwide rights, title and interest
in copyrights and other intellectual property rights to the said submissions.
AKAL shall be free to use and/or disseminate such submissions on an
unrestricted basis for any purpose. As part of any subscription services purchased
by you, you acknowledge and agree that AKAL may retain some of
your personally identifiable information or billing information for purposes of
record retention and for purposes of billing any renewals of the subscription services,
which shall, however, not be subject to the foregoing assignment provision.
You acknowledge that you are responsible for the submissions that you provide, and
that you have full responsibility for the submissions, including their legality,
reliability, appropriateness, originality and copyright. You represent, warrant
and agree that you shall not upload, post, transmit, distribute or otherwise publish
through the site, or any service or feature made available on or through the site,
any materials which are, do, or could reasonably be construed to be or do any of
the following:
- restrict or inhibit anyone from using and enjoying the site or the site's services;
- are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
or that threatens or invites violence, or that is derogatory of others on the basis
of gender, race, ethnicity, national origin, religion, sexual preference or disability;
- constitute or encourage conduct that would constitute a criminal offense, give rise
to potential civil liability or otherwise violate any local, state, national or
international law;
- violate, plagiarize or infringe the rights of third parties including, without limitation,
copyright, trademark, trade secret, confidentiality, contract, patent, rights of
privacy or publicity or any other proprietary right;
- contain a virus, spyware, or other harmful component;
- contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- constitute or contain false or misleading indications of origin, endorsement or
statements of fact; or
- Contain sensitive, proprietary or confidential information about yourself or others.
Except as may be expressly permitted in connection with one of the site's services,
you also may not offer to buy or sell any product or service on or through your
submissions. We will not accept responsibility for any information included in any
submissions created or posted by third parties. You alone are responsible for the
content and consequences of any and all of your activities and you submit submissions
at your own risk.
By submitting or sending submissions to us, you:
- represent and warrant that the submissions are not confidential or secret, and no
confidential or fiduciary relationship is intended or created between you and us
in any way in relation to the said submissions
- represent and warrant that the submissions are original and proprietary to you,
that no other party has any rights thereto, and that any "moral rights"
in submissions have been waived, and
- you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual,
irrevocable, non-exclusive and fully transferable, assignable and sub licensable
right and license to use, copy, reproduce, modify, adapt, print, publish, translate,
create derivative works from, distribute, perform and display such material (in
whole or part) and/or to incorporate it in other works in any form, media, or technology
now known or later developed, including for promotional and/or commercial purpose,
and to authorize others to do so. We cannot be responsible for maintaining any submissions
that you provide to us, nor are we responsible for any information included in any
submissions (for example, without limitation, a blog post or any comments to blog(s)
created or posted by users), and we may delete or destroy any such submissions at
any time.
PROPRIETARY RIGHTS
AKAL acknowledges and respects the proprietary rights
of software and hardware manufacturers and AKAL will not either
install or support any unlicensed material. The services, and the software and content
provided with the services, are protected by law including copyright, trademark,
service mark, patent or other proprietary rights. If you make use of the services,
software or content, other than as expressly provided herein, you would be guilty
of violating the copyright and other laws, and may be subject to liability for such
unauthorized use. We do not grant any license or other authorization to any user
of our trademarks, registered trademarks, service marks, other copyrightable material,
patents or any other intellectual property by including them with the services.
COPYRIGHT NOTICE: Copyright © 1998-2012 AKAL Information Systems Ltd.
All Rights Reserved.
TRADEMARKS
All trademarks referenced on the website are the property of their respective owners.
No association with any real company, organization, product, person, or event is
intended or should be inferred.
LINKS FROM AND TO THE SITE
This site may contain hyperlinks to web sites that are not controlled by AKAL.
AKAL is not responsible for and does not endorse or accept any
responsibility over the contents or use of these web sites, including, without limitation,
the accuracy or reliability of any information, data, opinions, advice or statements
made on these web sites.
You are not permitted to provide any type of link to the site without the express
written permission of AKAL. We reserve the right, however, to deny
any request or rescind any permission granted by us to link through such other type
of link, and to require termination of any such link to the site, at our discretion
at any time.
DEALINGS WITH THIRD PARTIES
In the course of delivering the services to you, we may refer you to third
parties, or the websites of third parties, that offer products and/or services that
may facilitate the resolution of your IT Infrastructure support issues or otherwise
be of potential assistance to you. These third parties and/or their websites may
also be linked and/or displayed on the site. Although we may link or otherwise refer
you to such products and services offered by third parties, unless expressly stated
to the contrary, such references, links and/or displays in no way mean, imply, suggest
or constitute any evaluation or approval by us of those third parties or their products
or services. We are not responsible in any way for the contents of any third party
web sites, products, services or information. Your transactions/ dealings in any
manner with other third party entities on account of or promoted on or through the
services, including but not restricted to payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated
with such transactions/ dealings etc., are solely between you and such other third
party entity. You hereby expressly agree that AKAL shall not be
responsible or liable for any loss or damage of any sort incurred by you as the
result of any such transactions/ dealings or as the result of or on account of or
the promotion of such other third party entities on the services. Similarly, any
third parties that may refer you to the services of AKAL have no
responsibility or liability for the services provided by AKAL.
TERMINATION
AKAL reserves the right to cease or stop providing any or all of
the services at any time for any reason whatsoever and may, as your sole and exclusive
remedy or right, refund the fees already paid for the applicable services for period
which remains outstanding, if any, after termination of the services. If, however,
you have breached the terms of the service, no refund of any manner, shall be paid
by AKAL. AKAL will not be liable to you or any
third-party for termination of the services for any reason, other than providing
a refund at its convenience, at the time AKAL ceases or stops providing
any or all of the services at any time for any reason whatsoever. You hereby agree
and acknowledge that upon termination AKAL may immediately deactivate
or delete your user account and all related information and files in your user account
and/or bar any further access to the services.
INDEMNITY
You agree to defend, indemnify and hold AKAL, its directors, officers,
employees, agents and affiliates harmless from any and all claims, liabilities,
damages, costs and expenses, including reasonable attorneys' fees, in any way arising
from or related to your use of the services or your violation of the terms.
LIMITATION OF LIABILITY
In no event shall AKAL, its suppliers, and referral partners or
any of their respective directors, officers, employees, agents, or content or service
providers be liable for any indirect, special, incidental, consequential, exemplary
or punitive damages of any kind or nature, whether from contract, tort (including
negligence), mispresentation, strict liability or any other legal or equitable theory,
arising from directly or indirectly related to the use of, or the inability to use,
the services, software, content or your it infrastructure and other technology including,
without limitation, lost sales, lost revenue, lost profits or other loss of business,
loss of or damage to data, or cost of substitute services even if AKAL
has been advised of the possibility of such damages.
In no event shall the total liability of AKAL, its suppliers, and
referral partners to you in the aggregate for any and all damages, losses, and causes
of action (whether in contract or tort, including, but not limited to, negligence
or otherwise) arising from the terms or your use of the services, software or content
exceed the greater of the amount paid for the services at issue or us$100.00.
GOVERNING LAW; JURISDICTION
These Site Terms are governed by and will be interpreted in accordance with the
laws of the United States and by the laws of the state of New Jersey without regard
to its conflict of law provisions. You agree to submit yourself to the exclusive
jurisdiction of the ordinary courts of New Jersey. In the event of any dispute or
difference arising out of or in connection with your use of the Site, we shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable to resolve
any such dispute within 30 days, then either party may submit such dispute to mediation.
If the dispute cannot be resolved through mediation, then the parties shall be free
to pursue any right or remedy available to them under the applicable law.
ELECTRONIC COMMUNICATIONS
The information communicated on this site constitutes an electronic communication.
When you communicate with us through the site or other forms of electronic media,
such as e-mail, you are communicating with us electronically. You agree that
AKAL, on behalf of itself and others who may be involved with delivering
the services (as applicable), may communicate electronically by e-mail and/or may
make communications available to you by posting them on the site, and that such
communications, as well as notices, disclosures, agreements and other communications
that We provide to you electronically, are equivalent to communications in writing
and shall have the same force and effect as if they were in writing and signed by
us.
Notices and communications to AKAL must be sent to the applicable
address given in these terms or to care@1akal.com
GENERAL INFORMATION
If any term of the terms is found by a court of competent jurisdiction
to be illegal, the parties nevertheless agree that the parties shall endeavor to
incorporate a suitable and legally permissible alternative term or provision to
the provision held to be illegal, the other terms, will however, remain in full
force and effect and bind the parties. You are not permitted to assign the terms
or any of your rights or obligations under the terms without AKAL's
express written consent. The terms will however inure to the benefit of AKAL's
successors, assigns and licensees.
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