Terms of Use
Terms and Conditions for Users
A. Introduction Dr. C. Naveen Kumar (“the Company”), owns and operates the website https://drcnk.com (“Website”) and our applications on google playstore. The Company is engaged in the business of offering technical consultancy that leverages deep expertise in Traffic and Transportation Engineering, Highway Design services, Road Safety Audit, audit of traffic data practices (hereinafter referred to as “Company’s Business”) and the Website provides an interface for the users to understand the Company’s Business and further interact with the Company in relation thereto. Visitors or users who access the Website are hereinafter together referred to as “Users”. The information or content as provided on the Website is for information purpose only and nothing contained therein should be deemed to include any representation, warranty whether express or implied, relating, including but not limited to, the accuracy or quality thereof etc.
The Company is an intermediary as defined under Section 2 (w) of the Information Technology Act, 2000 and these Terms of Use are in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
These Terms of Use are an electronic record laying down the mutually acceptable terms for use of the Website by the Users including you. Being an electronic record generated by or through a computer system, it does not require any physical or digital signatures.
For the present Terms of Use, “You” or “Your” shall refer to any person or entity who accepts the present Terms of Use and the other applicable policies thereby agreeing to use the Website.
B. Your Acceptance of the Terms of Use The Website along with the features, services, technologies, software etc. that are being offered by the Company, are licensed, not sold (hereinafter together referred to as “the License”) to You for use only under the present Terms of Use on a personal, non-transferable and non-exclusive basis. By accessing or using the Website, You would be bound by the present Terms of Use, other applicable policies, communications, rules, guidelines etc., which are deemed to be incorporated herein by reference. By doing so, expressly or impliedly, You acknowledge that You have read these Terms of Use, the other policies including but not limited to Privacy Policy and agree to all the terms and conditions. If You do not agree to any of the Terms of Use or any other applicable policy, You should not access or otherwise use the Website. The Company reserves the right to change, modify, add or remove portions of these Terms of Use or any other applicable policies, at any time. It is Your sole responsibility to review these Terms of Use and the policies periodically for updates or changes. Your continued use of the Website following any modifications to the Terms of Use or applicable policies shall be deemed to mean that You accept and agree to the modifications to the said Terms of Use or other applicable policies. C. Eligibility and Conditions for Use of the Website You explicitly agree, represent, undertake and warrant that You:
can enter into legally binding contracts under the Indian Contract Act, 1872 and are not “incompetent to contract” within the meaning of the Indian Contract Act, 1872 such as being a minor, un-discharged insolvent and person of unsound mind etc. Any person under the age of 18 shall not register, transact or use the Website; will not provide content or information that violates the law or anyone’s rights; shall not breach these Terms of Use or any other terms and policies that apply on use of the Website; shall not do anything that is unlawful, misleading, discriminatory or fraudulent; shall not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of the Website; shall not access or collect data except publicly available data, from the Website by using automated means or attempt to access data for which there is no permission to access. For avoidance of doubt, notwithstanding access or collection of such publicly available data, the User shall have no right, title, ownership or interest in the said data, which shall continue to vest with the Company; shall have no objection in case the Company removes or restricts access to content that is in violation of these provisions or moderates or removes any comments posted on the Website, without any further recourse or notice to the User; shall not make any defamatory, disparaging or demeaning statement against the Company or the Website or indulge in any activity which may result in harming or tarnishing of the brand name, good will, market standing etc. of the Company or the Website; shall not host, display, upload, modify, publish, transmit, update or share any information or image that: belongs to another person or entity and to which You do not have any right; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; is misleading, false or inaccurate in any way; is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous; infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, trade secrets, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity; provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses and malware such as spyware, worms, trojans, etc; tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users of the Website; harms minors in any way; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; interferes with another User’s use of the Website; refers to any website or URL that, in Company’s sole discretion, contains material that is inappropriate, contains content that would be prohibited or violates the letter or spirit of these Terms of Use or is in direct competition with the business of the Company; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, any trojan horses, worms, easter eggs, cancelbots, timebombs or other computer programming routines, that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; offers or attempts to offer, trade or attempt to trade products or services which are prohibited, barred or restricted in any manner under the provisions of any law, regulation, rule, or guideline as applicable from time to time; promotes an illegal or unauthorized copy of another person’s copyrighted work; contains restricted or hidden pages or images or URLs leading to any other pages engages in activities which could be construed to mean unlawful or illegal contests, sweepstakes, barter, pyramid schemes, or the buying or selling of ‘virtual’ items. The Company reserves the right to refuse to provide access of the Website to You or revoke the License, if it is brought to the Company’s notice or if it is discovered that You are not eligible to use the Website or You have breached the present Terms of Use or any applicable policy.
D. Intellectual Property Rights These Terms of Use do not transfer to You any intellectual property rights and other proprietary information of the Company or any third party, including but not limited to any information, copyright, trademarks, trade secrets, service marks, graphics and logos used in connection with the Website (Intellectual Property Rights). The said Intellectual Property Rights are owned by the Company or third-parties and all rights, titles and interests in and to such property will remain solely with the Company or third parties, as the case may be. Your use of the Website grants You no right or license to reproduce, copy, publish, upload, post, transmit, distribute or otherwise use any of the Company’s or third-party Intellectual Property Rights. You cannot reproduce, copy, publish, upload, post, transmit, distribute or otherwise use in any way any Intellectual Property Rights, copyrighted material, trademarks or other proprietary information of the Company or third parties etc. However, subject to clause III(8) of the presents Terms of Use, the User shall be entitled to positively promote, endorse or publicize the Website on various social media platforms In order to enable the Company to use any information belonging to You, for advertising/promotional or any business purposes of the Company and not be in violation of any related rights, You provide the Company, the irrevocable, non-exclusive, worldwide, perpetual, sub-licensable and royalty free rights in any information belonging to You and which you share with the Company, including but not limited to copyright, database rights etc. therein. E. Links to Websites or Third Party Applications The Website may contain links and interactive functionality interacting with the websites or applications of third parties including various commercial websites or applications. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of or any transaction carried out by You on any such website or application. Before enabling any sharing functions to communicate with any such website or application or otherwise visiting any such website or application or transacting including making any payment, through any such website or third party application, the Company recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website or application.
F. Termination The agreement is effective until terminated by You or the Company. You can terminate this agreement by no longer accessing or using the Website. The Company reserves the right to suspend or terminate these Terms of Use and/or refuse to provide access to the Website for any reason whatsoever including but not limited to, if it is discovered that You are not eligible to use the Website or have breached any terms of the present Terms of Use or any other applicable Policy including but not limited to Privacy Policy.
G. Disclaimer of Warranties and Liabilities You expressly acknowledge and agree that the use of the Website is at Your sole risk and that the entire risk as to the use is with You. The Website is being provided on “as is” and “as available” basis, with all faults and without warranty of any kind.
The Company hereby disclaims all warranties and conditions with respect to the Website, the contents thereof or information contained therein, either express or implied including, but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights. The Company does not warrant non-interference with Your enjoyment or that the operation of the Website will be safe, without delays, disruption or imperfections, uninterrupted or error-free, or that defects in the Website will be corrected by the Company. The Company is not liable under any circumstances for damages arising out of or related in any way to Your inability to access, or Your difficulty in accessing the Website, any hacking attacks, malware infection, bugs, viruses, trojans, or the like, which may be transmitted to or through the Website by any third party (even though all efforts will be made to secure the Website). The Company shall have no responsibility for any damage to Your mobile handset or computer system or loss of data that results from the download of any content, materials, document or information from or through the Website. Notwithstanding the fact that the lead for any of Your offline or online transactions, activity etc. may have been generated or initiated from the usage of the Website or the information/content contained therein, the Company shall not be responsible or liable, including but not limited to, for any untoward incident, losses, damages, activity or action that You may face or suffer in relation thereto.
H. Limitation of Liability To the extent not prohibited by law, in no event shall the Company be liable for personal injury or any exemplary, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, information, content, personal loss, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Website, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the Company has been advised of the possibility of such damages.
I. Indemnification You agree to indemnify and hold the Company and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, penalties or costs, including reasonable attorneys’ fees incurred in connection with or arising from Your breach of any of the Terms of Use or other policies including but not limited to the Privacy Policy, infringement of any third-party rights, Intellectual Property Rights etc. (including Users allegations, claims, actions, disputes or demands asserted by any of them as a result of or relating to Your use of the Website or breach of any of the present Terms of Use, infringement etc).
J. Applicable Law and Disclosure of Information The present Terms of Use and other applicable policies shall be governed by the laws of India. The Courts at Bengaluru shall have exclusive jurisdiction in or in relation to any matter arising from or under the present Terms of Use and other applicable policies. The Company shall have the right, at all times, to disclose any information received from You to be in compliance with any rules, regulations or law including but not limited to, for investigation by or responding to courts, investigation agencies etc. K. Grievance In accordance with the Information Technology Act, 2000 and Rules made thereunder, any grievance relating to the Website can be brought before the Grievance Officer. The contact details of the Grievance Officer for raising grievances, if any are provided below:
Name of the Entity/Person: Dr. C. Naveen Kumar
Address: #3015, 17th cross, Extention, Nanjangud, Mysore - 571301.
Name and Designation of the Grievance Officer: Dr. C. Naveen Kumar
Website: https://drcnk.com
Email: doccnk@gmail.com