Terms & Condition

Introduction

TERM OF USE AND PRIVACY POLICY

• TERMS OF USE

By access and use of this Website www.Makani.com (the “Website”), the User of the Website (“User” or grammatical variations thereof) accepts and agrees to be bound by and to comply with (i) these Terms, (ii) the Disclaimer, which the User has agreed to and accepted prior to accessing the Website, and (iii) the Privacy Policy available on this Website

By using this Website, the User expressly represents that he/she has read and understood these Terms and agrees to be bound by these Terms. Furthermore, by using this Website, the User expressly represents that (a) he/she has the capacity to be bound by these Terms; (b) if he/she is acting on behalf of a company or other entity, then he/she has the relevant authority to bind such company or entity; (c) he/she will not violate any rights of Makani Creatives Private Limited (“Makani”), including intellectual property rights such as copyright or trademark rights; and (d) he/she has not been or is not suspended or removed from the Website by Makani for any reason.

• GENERAL
  • The terms, information, material and content provided in the pages of the Website (the “Information”) may be changed at any time without prior notice.
  • Information provided on the Website is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times. The Website is a resource for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Makani does not warrant that the information contained on this Website is accurate or complete, and hereby disclaims any and all liability to the User or any other person for any loss or damage caused by errors or omissions, regardless of whether such errors or omissions result from negligence, accident or any other cause. Further, Makani assumes no liability for the interpretation and/or use of the information contained on this Website, nor does it offer a warranty of any kind, either expressly or impliedly.
  • Makani does not intend that the links from this Website to other internet websites, be considered referrals to, endorsements of, or affiliations with the linked entities. Makani is not responsible for, and makes no representations or warranties (i) the contents of the websites to which links may be provided from this Website, or (ii) other such websites or links may be active or always available.
  • No material may be modified, edited or taken out of context such that its use creates a false or misleading statement or impression as to the position, statements or actions of Makani.
  • Makani reserves the right at any time, without previous notice, to add, alter, modify, change or vary all or any of these Terms.
• CONDITIONS FOR USE
  • The use of this Website does not amount to the creation of a client-agency relationship. Any transmission, receipt or use of this Website and information and materials contained therein, or sending an e-mail to our offices, will not create or constitute a client-agency relationship.
  • Users should make themselves aware of the laws of their respective country or those applicable to them in relation to any of the matters described in these pages. If the User chooses to access the Website then it shall be deemed to be done on his/ her own initiative and he/she shall be held responsible for compliance with applicable local, national or international laws.
• CONFIDENTIALITY
  • Makani will treat all information provided by User(s) including but not limited to information regarding User’s name, address, telephone number, date of birth, gender, e-mail address, organization, etc. (“Personal/confidential Information”). Makani will not in the ordinary course disclose any Personal Information to any third parties except in the following circumstances:

• Where Makani is compelled to do so under applicable law/ judicial process/ governmental authorities; or
• Where User has provided his/her prior written authorization to do so; or
• Where it is in the public interest to do so.

• User(s) may not use or export or re-export any information or any copy or adaptation thereof available on this Website in violation of any applicable laws or regulations, including export laws and regulations in force from time to time.

• NO WARRANTIES
  • Makani and its directors, shareholders, members, affiliates, employees and authorized representatives provide the Website and the information on an “as is” basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to the Website or the information, including without limitation, warranties as to non-infringement, usefulness, completeness, accuracy, correctness, reliability and fitness for a particular purpose.
  • Further, Makani does not represent or warrant that the Website will be available or will meet the User(s) requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to User’s computer system. The User has the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
• INDEMNIFICATION
  • You agree to indemnify, defend and hold harmless Makani Creatives Pvt. Ltd. and our directors, authorized representatives, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party vis these Terms.
• NO LIABILITY
  • Makani is not responsible for and will not be liable to the User or anyone else for any damages or other amounts whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with User’s use of or inability to use the Website or the information contained therein, or any action or decision made by User in reliance on the Website or the information contained therein, or any unauthorized use or reproduction of the Website or the information therein, even if Makani has been advised of the possibility of these damages.
  • The User understands that the Website is used by him/her solely at his/her own risk, cost and liability.
• SEVERABILITY
  • In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
• ENTIRE AGREEMENT
  • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
  • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service/s constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
• THIRD-PARTY VENDOR LIABILITY AND SAFEGUARDS
  • Website provides links or access to certain third-party vendors and their services through platforms such as the Play Store. Website does not endorse, control, or guarantee the quality, accuracy, legality, or reliability of the products, services, or content offered by such third-party vendors. By interacting with third-party vendors, the User acknowledges and agrees that the third-party vendor is solely responsible for the performance, delivery, and quality of their products and services. Website shall not be held liable for any claims, damages, or disputes arising from transactions, services, or interactions with third-party vendors.
  • Third-party vendors are required to comply with all applicable laws, Play Store policies, and Website’s standards for user protection and data privacy. Furthermore, third-party vendors agree to indemnify and hold Makani harmless from any claims, damages, or liabilities resulting from their actions, products, or services. Makani reserves the right to monitor the activities of third-party vendors linked to the Website and terminate their association if they violate applicable laws, these Terms, or Website’s policies. The User acknowledges that any engagement with third-party vendors is undertaken at their own risk and discretion.

• TERMINATION
  • The User agrees that Makani with or without any reason, may immediately terminate his/her access to the Website without prior notice. Without limiting the foregoing, Makani may terminate or temporarily suspend his/her access to the Website if he/she (a) breaches or violates these Terms, (b) there is a request by law enforcement or other government agencies, or (c) in case of unexpected technical issues or problems.
  • Users agree that all terminations of access to the Website shall be made at the sole discretion of Makani, and that Makani shall not be liable in any manner whatsoever to either him/ her or any third-party for any termination of access to this Website.
• JURISDICTION
  • Makani causes the control and maintenance of this Website from India. Makani makes no representations that the information and material contained in this Website are appropriate or permitted for use in jurisdictions outside India.
  • The Terms are governed by the laws of India without giving effect to any principles of conflicts of laws.
  • The usage of the Website by the User is subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra without prejudice to the right of Makani to take action in any jurisdiction whatsoever.
• INVESTIGATIONS
  • Makani reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include but not be limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to User’s profiles, e-mail addresses, usage history, IP addresses and traffic information.
• LEGAL REMEDIES
  • Makani reserves the right to seek all remedies available at law and in equity for violations of these Terms by the User.

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