The www.mkkhanduja.com website (“Website”) is provided to clients, colleagues, and others for general information only. The information provided on this website is free of charge and for knowledge purposes only and does not create a business or professional services relationship between you and MK Khanduja. Please do not send MK Khanduja (“Websmaster” or “we”) any confidential information until confirmed in writing. Unsolicited emails may not be privileged and may be disclosed to others.  

This Website is subject to periodic update and revision. Materials should only be considered current as of the date of initial publication appearing thereon, without regard to the date on which you may access the information. Webmaster maintains the right to delete or modify information on this Website without prior notice.

This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Website. You accept this Agreement by using the Website or accessing any content available through the Website, including without limitation to our feeds (collectively, the “Content”). Webmaster may revise this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. 

Changes – Webmaster may make changes to the Website and the Content and/or the services described on the Website at any time.

Proprietary Rights – The Website and the Content are the sole and exclusive property of the Webmaster and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized in writing. You hereby acknowledge and agree that, as between Webmaster and you, all right, title, and interest in and to the Website and the Content shall be owned exclusively by the Webmaster. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited.

Permitted Uses – So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by us, we invite you to view and/or print a single copy of the Website and the Content. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Special terms may apply to some services and/or goods offered on the Website and may be posted in connection with the applicable service, product, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail.  This authorization is not a transfer of title in the Content, Website and copies of the Content. 

Additional Restrictions – You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it. 

About the Information on this Website – The Content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe Webmaster’s publication of the Website as a warranty or guarantee of the quality or availability of any services or goods. 

You agree not to:

• Interrupt or attempt to interrupt the operation of the Website in any way.
• Intrude or attempt to intrude into the Website in any way.
• Post any obscene, defamatory or annoying materials on the Website.
• Obscure any materials, including this notice, already posted on the Website.
• Use the Website or any contents thereof to defame, intimidate, annoy or otherwise cause nuisance or breach the rights of any person.

Links to Other Websites – The Website may contain links to websites operated by other parties. Webmaster provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Webmaster and we are not responsible for the content available on the other websites. Such links do not imply Webmaster’s endorsement of information or material on any other website and we disclaim any and all liability with regard to your access to and use of such linked Websites.

Trademarks – Unauthorized use of any MK Khanduja’s trademark, service mark or logo are prohibited, and shall be a violation of Intellectual Property Laws.

Disclaimers and Limitation of Liability

The Website and all content on the Website are provided to you on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Webmaster makes no warranty as to the accuracy, completeness or reliability of any content available through the Website. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website is at your sole risk.

Webmaster makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses or other harmful code.

To the maximum extent permitted by law, MK Khanduja disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, the Content, or the goods offered or sold through the Website, even if we have been advised of the possibility of such damages.

Exclusions and Limitations – Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. However, in any such jurisdiction, the aforementioned clauses shall be construed to the maximum effect permitted by law.

Indemnity – You agree to indemnify, defend and hold the Webmaster, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.

Copyright – The Website is protected by international copyright laws. Except for your use as authorized above, you shall not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without the Webmaster’s express prior written permission.

User Submissions

Webmaster permit the submission of written works, photos or other communications by you and other users of the Website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. User Submissions to the Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Webmaster to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. 

In relation to your User Submission you covenant, represent and warrant that:

• you own or otherwise have the necessary licenses, rights, consents and permissions to use and authorize Webmaster to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Webmaster and the Terms & Conditions. 

• in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Webmaster all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to Website or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

You agree and acknowledge that Webmaster does not endorse any User Submission and expressly disclaims any and all liability in connection with User Submissions. Furthermore, Webmaster does not permit copyright infringing activities and infringement of intellectual property rights on the Website and is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. Webmaster reserves the right to remove content and User Submissions without any prior notice.

Notice and procedures for claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Webmaster:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of the communication is the best way to help Company locate content quickly);

• Your name, address, telephone number and e-mail address;

• A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• If writing on behalf of the owner, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Webmaster can be reached as follows:

Email: info@mkkhanduja.com
(Please put “Copyright Infringement” in the subject line)

Webmaster may, in its sole discretion, within fourteen (14) business working days of notice being received, disable and/or terminate use of intellectual property claimed to be infringed until the same is being investigated basis evidence provided. 

Privacy Policy – By agreeing to these terms, you acknowledge that Webmaster may collect, use and disclose your information as described in our Privacy Policy.

Choice of Law and Forum. This Agreement shall be governed by, and will be construed under, Indian law, and you irrevocably agree to the exclusive jurisdiction by the courts located in the National Capital Territory of New Delhi, in the Republic of India. Any dispute shall be finally settled by arbitration under the Arbitration and Conciliation Act, 1996. The arbitral panel shall consist of a sole arbitrator to be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Any arbitral award shall be final and binding on the Parties. The venue of the arbitration shall be Gurugram. The language of the arbitration shall be English.

YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.

Data Processing – Webmaster takes the view that it is the “Data Controller” when it processes personal data related to and/or received from our clients and ultimately takes responsibility for managing that data in compliance with applicable data privacy regulations. Consequently, the obligation to enter into a “personal data processing agreement” does not apply to Webmaster and such agreements shall not be signed by us.

Miscellaneous – If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be struck down and the remaining provisions shall remain in full force.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Webmaster’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Webmaster’s right to act with respect to subsequent or similar failures.

These Terms of Use set forth the entire understanding and agreement between you and the Webmaster with respect to the subject matter hereof.

Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Webmaster and any assignment or transfer in violation of this provision shall be null and void.

Webmaster reserves the right to seek all remedies available under the law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.

If you are dissatisfied with any portion of this site/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site/services. 

Contact – If you have any questions, concerns, or suggestions regarding this Terms of Use Agreement, please contact us using our Contact Form, or by post to Attention: info@mkkhanduja.com