Terms and Conditions

Please carefully read and ensure that you understand these terms and conditions of use before using this website/services. All use of Kenstone Capital’s services and access to the website is subject to the Terms and Conditions set forth herein below (“Terms”).

Agreement to Terms-

  • By agreeing to the terms herein below, you consent to be bound by these terms unconditionally. The privacy policy is available at [include privacy policy link] (“Privacy Policy”) and the same is an integral part of this agreement between You and us. We recommend that you review it before you access the website or avail of any of the services.
  • These terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You (“User”, including its “partners”, “directors” “associates” or “agents”) and Kenstone Capital (“we”, “us” or “Kenstone Capital”) in connection with your visit to the website and use of our content, services, products accessible through the website, mobile or any other applications.
  • This agreement defines the terms and conditions under which You are allowed to avail of the services and governs the relationship between Kenstone Capital and You. In case of any questions about any part of the agreement, feel free to contact us at info@kenstonecapital.in. This agreement supersedes all oral and written terms, conditions, policies, or communications (if any) between Kenstone Capital and You. By visiting the website/availing of any service from Kenstone Capital, you signify your acceptance of the terms of this agreement

Changes to Terms or Services

  • All the changes to the terms and conditions or services shall be updated on the website https://www.kenstonecapital.in and accessible publicly at the foot of the website. We reserve the right to modify or terminate any part of this agreement for any reason and at any time, and such modifications shall be informed to you. Your use of the website/availing of any services offered by Kenstone Capital following any modifications constitutes your consent to be bound by the modified Agreement.
  • If you do not agree with any part of the Agreement, please do not use the website or any services. Your access to the use of the website and the services will be solely at the discretion of Kenstone Capital.

Who may use Kenstone Capital’s Services?

  • You must be 18 years of age or older to register, use the services, or visit or use the website for availing of any services or facilities in any manner. You must be acting as a representative for a business entity, with outstanding debt due and owing, seeking to collect accounts receivable due and owing, and Client and Client’s principals are not barred from using the Services by applicable law.
  • If you want to use our Services, you will need to enter into a Service Agreement with us.
  • By registering, visiting the Website, and/or availing of the services, you represent, warrant, and assure Kenstone Capital that:
  • You are 18 years of age or older;
  • You are competent to contract under the Indian Contracts Act, 1872;
  • You have the right, authority, and capacity to visit the website/avail of the services offered, or any applications developed and/or used by Kenstone Capital;
  • You understand the agreement (including the Terms and Conditions and the Privacy Policy); and
  • You unconditionally enter into this Agreement with Kenstone Capital and it is legally binding on you.

General Prohibitions

You agree not to do any of the following: (i) violate any applicable law or regulation; (ii) send or provide any illegal content through the website/services; (iii) use, display, mirror or frame the services, or any individual element within the services, any Kenstone Capital trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, (iv) access, tamper with, or use non-public areas of the services, Kenstone Capital’s computer systems, or the technical delivery systems of Kenstone Capital’s providers, (v) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the services or Kenstone Capital’s Content; (vi) use services or Kenstone Capital’s content for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement; (vii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the services or the content; (viii) interfere with, or attempt to interfere with, the access of any You, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (ix) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information; (x) disable or circumvent Kenstone Capital’s API usage safeguards or make calls to Kenstone Capital’s API other than those authorized in Kenstone Capital’s API documentation; or (xi) encourage or enable any other individual to do any of the foregoing.

Intellectual Property

Kenstone Capital’s content and software for providing any service (whether provided through the website on another application or in any other manner) are fully covered and protected by intellectual property and laws of India (and globally).

Changes

Notwithstanding the provision of the “Changes to Terms or Services” section above, if Kenstone Capital changes the Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) and you do not agree with any of the modified terms, you may object to the same by sending Kenstone Capital a written notice on e-mail at info@kenstonecapital.in.

Applicable Law and Dispute Settlement

  • You agree that this agreement and any contractual obligation between Kenstone Capital and You will be governed by the laws of India.
  • Any dispute, claim, or controversy arising out of or relating to this agreement, including the determination of the scope or applicability of this agreement to arbitrate, or your use of the website or the services or information to which it gives access, shall be referred to mediation by WeVaad. The mediation shall be conducted by a sole mediator under the Wevaad Mediation Rules. If mediation fails, then the dispute shall be referred to arbitration before a sole arbitrator appointed by WeVaad. The arbitration shall be conducted under WeVaad Arbitration Rules, in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Disclaimers

Kenstone Capital’s services and Kenstone Capital content are provided “as is” and “as available”, without warranty of any kind, either express or implied without limiting the foregoing, Kenstone Capital explicitly disclaims any implied warranties of merchantability, fitness for a particular and non-infringement, and any warranties arising out of course of dealing or usage of trade. Kenstone Capital makes no warranty that the services or content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Limitation of Liability

Neither Kenstone Capital nor any other party involved in creating, producing, or delivering the services or Kenstone Capital content will be liable for any incidental, special, exemplary, or consequential damages, including, inter alia, lost profits, loss of data or goodwill, service interruption, computer damage, or system failure, or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or Kenstone Capital content, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Kenstone Capital has been informed the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Kenstone Capital’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed 50% of the amounts paid in the preceding one month by the Client for Kenstone Capital’s services. The limitations of damage set forth above are fundamental elements of the basis of the bargain between Kenstone Capital and the client.

Indemnity

If Kenstone Capital determines that you have provided fraudulent, inaccurate, or incomplete information, including, through feedback, Kenstone Capital reserves the right to immediately suspend your access to the website or any of your accounts with Kenstone Capital. You shall be liable to indemnify Kenstone Capital for any losses incurred as a result of your misrepresentations or fraudulent behavior that has adversely affected Kenstone Capital or its users.

Severability

These Terms constitute the entire and exclusive understanding and these Terms supersede and replace any prior oral or written understandings or agreements between Kenstone Capital and you regarding the Site and Kenstone Capital Content.

If any provision of the agreement is held by a court or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this agreement and the remainder of the agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the agreement shall be interpreted to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court or arbitral tribunal.

Waiver

No provision of this agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Kenstone Capital. Any consent by Kenstone Capital to, or a waiver by Kenstone Capital of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Contact

If you have any questions concerning Kenstone Capital, the website, this agreement, the services, or any grievance related to any of the foregoing, Kenstone Capital user support can be reached at the following email address: info@kenstonecapital.in [Note: Detailed grievance redressal mechanism to be provided.]