Terms of Use

Terms of Service

This is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Welcome to ClearKaya

ClearKaya provides the content and services available on this website to you subject to the following Terms and Conditions and other terms and conditions and policies which you may find throughout our website in connection with certain customer service, features, or functionality as well as promotions, all of which are considered to be a part of and included within these Terms and Conditions (collectively, “Terms and Conditions”). By accessing or using this website, you acknowledge that you have read, understood, and agree, without any limitation or qualification, to be bound by these Terms and Conditions in this Agreement.

Privacy

To understand our privacy practices, please review our Privacy Policy.

Payment Policy

To understand the purchase processes of our products, please refer to our Payment Policy.

Products and Services for Personal Use

Any products or services provided to you on this website are for personal use only. You are not allowed to sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Accuracy of Information

We try to be as accurate as possible when describing our products on the website. However, except as required by applicable law, we do not warrant that the product descriptions, colors, information, or other content available on the website are accurate, complete, reliable, current, or error-free.

Intellectual Property

All information and content available on the website and its “look and feel,” including but not limited to trademarks, logos, service marks, text, graphics, button icons, images, audio clips, data compilations, and the compilation and organization thereof (collectively, the “Content”) is the property of ClearKaya, our affiliates, partners, or licensors, and is protected by the laws of India, including laws governing all applicable forms of intellectual property.

Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the ClearKaya website. This limited license does not include the right to:

(a) frame or utilize framing techniques to enclose the website or any portion thereof;
(b) republish, redistribute, transmit, sell, license, or download the website or any Content (except caching or as necessary to view the website);
(c) make any use of the website or Content other than personal use;
(d) modify, reverse engineer, or create any derivative works based upon either the website or Content;
(e) collect account information for the benefit of yourself or another party;
(f) use any meta tags or other “hidden text” utilizing any Content; or
(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools or take any other action that may impose an unreasonable burden or load on our infrastructure.

Your Obligations and Responsibilities

You shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You may not make any changes or alterations to the website or any Content or services that may appear on this website, nor impair in any way the integrity or operation of the website.

Indemnification

You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of ClearKaya or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Uttar Pradesh, India. To the fullest extent permitted by applicable law, any dispute, differences, or claim arising out of your visit to the ClearKaya website shall be referred to the sole Arbitrator appointed by the Chairman and Managing Director of ClearKaya by law. The venue of such arbitration shall be in Uttar Pradesh, India, and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

Consent To Receive Notices Electronically By Posting On The Website And Via Email

You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically, including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing in English.

To withdraw your consent to receive Notices electronically, you must notify us by emailing info@clearkaya.com and discontinue your use of this website. In such an event, all rights granted to you under these Terms and Conditions shall automatically terminate.

General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website and supersede all prior agreements or communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions.

If you have any questions regarding these Terms and Conditions, please email us at: info@clearkaya.com

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