KindiBOX Multimedia, having its office at Flat no:37, Kopri Colony, Behind Anand Cinema, Thane, Company Registration with MSME (“KindiBOX”, “we”, “us” or “our”), owns and operates ‘over the top” on demand digital services under the brand name “KindiBOX”, one of the fastest growing on demand streaming services in India (the “Service(s)”). The Services are made available by way of website 'www.kindibox.in' along with associated mobile sites, applications and other variants.
User Agreement shall be considered as an “electronic records” as read and construed under Electronic Transaction Act, 2010 of Singapore and amendment thereof or as construed under equivalent local law of Your jurisdiction and rules thereunder as applicable. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
User Agreement is a legal and binding agreement between the User of the Service and KindiBOX and states the terms that govern Your use and access of the Service. By accessing this Service, You consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to these User Agreement, You should not access or use the Service or review the User Agreement from time-to-time. We reserve the right, at our sole discretion, to change, modify or otherwise alter these User Agreement at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Service herein. Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any revised User Agreement. We retain the right at any time to deny or suspend access to all or part of the Services to anyone who we believe will violate or has violated any of the terms of the User Agreement.
User Agreement governs Your access of the Services and any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programmes, software, database, service information, any form of content (series, movies, sports, games etc.) as well as the interactive elements/features etc. that you utilize and host, publish, share, transact, display, upload and/or engage with in course of accessing and using the Services.
2. Service Usage Terms
Services offered to You are always evolving and the form and nature of the Services may change from time to time without prior notice to You. In addition, KindiBOX may stop (permanently or temporarily) providing the Services (or any features within the Services) to You without any prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.
To facilitate Your access and viewership, the Service can be packaged by KindiBOX through different models such as the Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Service.
Service can be availed through platforms, software and devices, which KindiBOX approves from time to time, the current list for which is as set out below ("Compatible Source"). In some cases, whether a device is (or remains) a Compatible Source may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Source at one time may cease to be Compatible Source in the future.
Services may include interest-based ads which are online ads that are tailored to Your likely interests based on Your use of various apps and websites across the Internet. If You are using a browser, then cookies and web beacons can be used to collect information to help determine Your likely interests. If You are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine Your likely interests. The types and extent of advertising by KindiBOX on the Services are subject to change. In consideration for KindiBOX granting You access to and use of the Services, You agree that KindiBOX and its parent company, third party providers and partners may place such advertising on the Services or in connection with the display of any Content (defined hereunder) or information from the Services whether submitted by You, us or third parties.
3. Service Content, Third Party Content and User Content on the Services
In addition to the content branded as KindiBOX Originals and other content (including gaming content [if any] ) fully owned by KindiBOX (collectively “Service Content”), we also host and transmit/distribute third party content (including advertisements) as provided by content owner/licensor/producer/aggregator/distributor on "as is" basis without any modification or involvement in creation of such third party content ("Third Party Content") (hereinafter “Service Content” and Third Party Content” shall be collectively referred to as “Content”). We also allow Users to post/upload their content whilst using and accessing the Services through interactive elements and features made available on the Services ( “User Content”) (hereinafter “Third Party Content” and “User Content” shall be collectively referred to as “Non-Service Content”). Therefore, for such Non-Service Content, KindiBOX acts purely as an "Intermediary" as read and construed under Electronic Transaction Act, 2010 of Singapore or any relevant laws of Singapore or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. KindiBOX expressly exclude any kind of liability relating to Non-Service Content. Being an “Intermediary”, KindiBOX has no responsibility and / or liability in respect of any Non-Service Content on the Services, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable law. All Non-Service Content, which is hosted and transmitted on the Services, is the sole responsibility of the person who is providing/originating/publishing/posting it whether on the Services or in other platforms (which permits KindiBOX to carry content of such platform API embedding mechanism).
KindiBOX may categorize and classify certain Content and provide disclaimers with respect to the Content, for viewers to choose such content for viewing. Some content offered on the Service may not be suitable for some users and therefore user’s discretion is advised. Also, some Content offered on the Services may not be appropriate for viewership by children. Parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access Content on the Service. Please refer to our Age Suitability Policy this extent as applicable to You if You use and access the Service.
KindiBOX does not pre-screen the Non-Service Content and has no obligation to monitor any Non-Service Content. Therefore, KindiBOX may not always have actual or specific knowledge of any Non-Service Content on the Services. However, KindiBOX at its discretion and in accordance with applicable law may monitor any Non-Service Content and may remove any Non-Service Content from the Services if KindiBOX determines in its sole discretion that such Non-Service Content is in violation of this User Agreement or any applicable law. KindiBOX, at its discretion, may review the Non-Service Content when, and only when, complaints are received from You or any third party. Such actions do not in any manner negate or dilute our position as an “Intermediary” or impose any liability on KindiBOX with respect to Non-Service Content. Any use or reliance on any Non-Service Content or materials posted via the Services or obtained by You through the Services is at Your own risk.
You are responsible for any User Content You post to the Services, and for any consequences thereof. The User Content You submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide User Content which You fully own or have all the permissions/licenses and that You are comfortable sharing such User Content with others under the User Agreement.
do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Non-Service Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to Non-Service Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will KindiBOX be liable in any way for any Non-Service Content, including, but not limited to, any errors or omissions in any Non-Service Content, or any loss or damage of any kind incurred as a result of the use of any Non-Service Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
4. Subscription Services
Some of the Content under the premium category marked with KINDIBOX Original logo or other marks can be availed only by Users who have opted for any specific subscription plan as offered on the Service, from time to time ("Subscription User").
We may offer different kinds of subscription plans (daily, monthly quarterly, half yearly, yearly or any other period as offered on the Service) each of these subscription plans will be subject to different limitations and restrictions, the cost and/or period of each of these subscription plans may vary (each as “Subscription Plan”). No freemium and/or free trial period shall be provided for subscribing the Subscription Plan and even after subscribing to the Subscription Plan unless otherwise offered by KindiBOX at its sole discretion.
We shall have the discretion to make certain Content that is a part of the subscription available to You on more than one end user compatible system concurrently. We shall also have the discretion to make certain Content whether forms a part of any subscription plan or otherwise, available to You under one Account and more than one device concurrently.
To become a Subscription User, You will be required to create an account by logging in either through FB, Apple Sign in and phone number Some of this information might need to be verified by You to proceed further through one-time-passwords or account activation links. You should at all times while accessing/using the Service (i) be a registered subscriber of KindiBOX; (ii) hold a valid Account (as defined above) with KindiBOX. If You have reason to believe that Your Account details have been obtained by another without consent, You should contact KindiBOX at email@example.com immediately to suspend Your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending. Please be aware that subscription orders or payments (if any) can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to Your notifying as required under this section of the unauthorized nature of the order or payment, We will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined at sole discretion of KindiBOX, whether or not to cancel the Services and permit a full or partial refund of the payment for unauthorized order or revalidate Your Account post reverification and revalidation.
5. Subscription Fee And Subscription Term
After successful creation of the Account, You will be required to pay a subscription fee for accessing the Service in the territory where You reside, depending on one or more of the subscription packages options as made available by KindiBOX from time-to-time (“Subscription Fee”).
The Subscription Fee specified for each Subscription plan are inclusive of applicable taxes.
You will be required to pay the Subscription Fee either to third party payment gateways as available on KindiBOX or to the app store which allowed You to download and access KindiBOX (as the case may be). On successful completion of the payment to the Subscription Fee, Service subscribed by You will become active and You will be granted access to the Service. In certain cases, post completion of the payment of the Subscription Fee, Your Service activation may be delayed due to operational and/or technical reasons.
The subscription packages opted by You will be applicable for a specified period (“Subscription Term”) which may be either on quarterly basis or yearly basis, or as indicated on the KindiBOX, from the date You subscribed the Service. Service shall remain active for the relevant Subscription Term.
You can access the status of Your subscription anytime through the "Me" section on Your profile page.
We reserve the right to change, terminate or otherwise amend the subscription packages and/or Subscription Fees and/or billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the KindiBOX and/or our website and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments however revised Subscription Fee shall only be applicable upon completion of the ongoing Subscription Term already availed by the User.
In case of revision in the Subscription Fee for a particular membership plan for any extension or renewal period, KINDIBOX may give You an advance notice of such revision whether by way of notification on the Service itself or through Your registered e-mail or registered mobile number (as the case may be). Your continued use of the Service post such notification upon commencement of renewal or extension period, shall be construed as acceptance of the revised Subscription Fees.
The Subscription Fees billed are non-refundable irrespective of whether the Service have been availed and/or consumed. Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. In the event of any fraudulent transaction or erroneous subscription, we may refund the Subscription Fee during the Subscription Term Then Your subscription will be deactivated, and Your entitlement to access to Subscription Service shall be revoked. Any changes in the subscription plan opted by You is effective only after the expiry of the current Subscription Term for which You have already been billed. Accordingly, the Service as per revised plan opted by You shall be effective only after the expiry of the then current Subscription Term.
Post cancellation of Your subscription, if You wish to re-subscribe to the Service, You may do so from Your "Account" page.
6. Terms for Billing, Payment and Cancellation
The Subscription Fee will be billed as per Your Selected Payment Method (defined hereunder) for the subscription plan elected by You at the beginning of Your Subscription Term and on each subsequent renewal automatically (as per the subscription plan chosen by You) unless and until You cancel the Service, or the Service is otherwise suspended or discontinued pursuant to these User Agreement. To see the commencement date for Your next renewal period or to cancel the Service, You need to visit the "Account" section on Your profile page. It may take a few days for Your payment made to KINDIBOX to be reflected in Your "Account" section. On cancellation of the Service, You may be notified by KINDIBOX, at its sole discretion.
Payment Method shall mean a current, valid accepted payment method and in this case refers to in app purchases of Appstore. Other approved recurring payment options and one-time payment options shall be updated from time to time without any further notification.
You will be billed automatically as per Your Payment Method as approved recurring payment options for each Subscription Term as per Your Subscription plan. However, if You change Your Subscription Plan, this could result in changing the day on which You are billed and the amount which You are billed.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, You shall be able to access the Service only after You set up the revised valid payment method and subject to receipt of the Subscription Fee by us.
You cannot change Your Payment Method during a particular Subscription Term. If Your Selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and we reserve the right to terminate the subscription offered to You.
You also understand and acknowledge that in addition to payment facility provided by the app store (from where the User downloaded and accessed the Service) we may also facilitate the third-party payment gateway for processing of payments towards Subscription Fee. The third-party payment gateway service provider will require certain financial information including Your credit card /debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, we disclaim any and all liabilities in relation to Your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to party payment gateway service provider. While using such payment gateways to make payments to us, You will be abided by the terms and conditions and privacy policies of such payment gateway service provider. You undertake to make Yourself familiar with such terms and conditions and privacy policies of Your respective payment gateway service provider before using such service and making the necessary payment.
You can file any complaint related to payment processing by writing to us directly on one.support@KindiBOX.com and the same will be forwarded to the concerned third party payment gateway provider for redressal.
Upon payment through any of the Payment Method and confirmation of receipt of such payment from the payment gateway provider, an electronic invoice may be made available to You or accessible in Your Account section.
Any payments made under the User Agreement are non-refundable, and we do not provide refunds or credits for any partial-month subscription periods for any and all reason except if You have reason to believe that Your Account details have been obtained by another without consent, You should contact us at one.support@Kindibox.com immediately to suspend Your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending. Please be aware that subscription orders or payments (if any) can only be cancelled up until provision of Services has commenced. In event an unauthorized provision commences prior to Your notifying as required under this clause of the unauthorized nature of the order or payment, we will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined at the sole discretion of KINDIBOX, whether or not to cancel the Services and permit a full or partial refund of the payment for unauthorized order or revalidate Your Account post reverification and revalidation.
7. Privacy Terms
8. Account Security
You are responsible for safeguarding the password or credentials that You use to access the Services and for any activities or actions under Your KindiBOX account. We encourage You to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your account and with other accounts that You may connect to Your KindiBOX account (such as Your social media account or Your email). KindiBOX cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
9. User Content License
We retain Your rights to any User Content You submit, post or display on or through the Services. In order to make the Services available to You and other users, KindiBOX needs a license from You. By submitting, posting or displaying User Content on or through the Services, You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed).You agree that this license includes the right for KindiBOX to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals who partner with KindiBOX for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by KindiBOX, or other companies, organizations or individuals who partner with KindiBOX, may be made with no compensation paid to You with respect to the User Content that You submit, post, transmit or otherwise make available through the Services.
10. Grant of License to Use the Services
KindiBOX gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to You by KindiBOX as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by KindiBOX, in the manner permitted by the User Agreement. Save and except for accessing and using the Services as permitted herein, You shall not separately use any portion of the Services (such as codes, features, branding/trademarks/logos, look and feel, content, etc.) in any manner whatsoever without express written approval from KindiBOX.
11. Intellectual Property Rights
For the purpose this User Agreement, the terms "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of KindiBOX and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
The rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, gaming elements/content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of KindiBOX and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of Singapore and the world. KindiBOX retains full, complete and absolute title to the Service and all Intellectual Property Rights therein.
The Service including any Content thereon shall be deemed to be non-exclusively licensed to You by us only for Your non-commercial personal use and only for such period as we may, in our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, Content, etc.) in any manner whatsoever.
You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
12. Conditions and Restrictions for Use of the Services
KindiBOX reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content (including Service Content, Non-Service Content and User Content) on the Services and to suspend or terminate User(s), and to reclaim usernames and profile URLs without liability to You.
You agree that KindiBOX shall have the right but have no obligation, to monitor User Content and to restrict or remove User Content that KindiBOX may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that KindiBOX reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Content, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/content that:
belongs to another person and to which You do not have any right to;
is violating any local laws of Your jurisdiction;
harms minors in any way;
infringes any patent, trademark, design, copyright or other proprietary rights;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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 cognizable offence or prevents investigation of any offence or is insulting any other nation. You also represent and warrant that the posting of Your User Content on the Services does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that the User Content is not confidential and that You have no expectation of privacy in it.
In no event does KindiBOX assume any responsibility or liability whatsoever for any User Content, and You agree to waive any legal or equitable rights or remedies You may have against KindiBOX with respect to such User Content.
The Service may contain articles/views contributed by several individuals under the interactive features of the Services. The views are exclusively their own and do not represent the views of KindiBOX, its group companies and respective management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms.
You will not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, KindiBOX's computer systems, or the technical delivery systems of KindiBOX's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by KindiBOX (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with KindiBOX; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of the Content in such a manner as to interfere with or create an undue burden on the Services; or (vi) access or use the Service or the Content therein by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location [for example, use a virtual private network (VPN)].
13. Contests and Promotions
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service are subject to separate contest terms and conditions ("Contest and/or Promotion T&Cs") and You are requested to read the Contest and/or Promotion T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest and/or Promotion T&Cs. User Agreement are deemed incorporated by reference into Contest and Promotion T&Cs provided in respect of a particular activity.
You agree to fully indemnify, defend and hold harmless KindiBOX, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) Your violation of any terms of the User Agreement; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of Your account by any person, including a third party, whether or not authorized or permitted by You; and (v) Your breach of any representation, warranty, covenant or undertaking under the User Agreement or under applicable law. This indemnification obligation will survive the expiry or termination of these User Agreement and Your use of the service.
15. Copyright Policy
KindiBOX respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that Your User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Your contact information, including Your address, telephone number, and an email address; (v) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
16. Disclaimers and Limitations of Liability
You have read this section carefully since it limits the liability of KindiBOX and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "KindiBOX Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
The access to and use of the Services or any Service Content and Non-Service Content is at Your own risk. You understand and agree that the Services is provided to You on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, KindiBOX Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
KindiBOX Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from KindiBOX Entities or through the Services, will create any warranty not expressly made herein.
B. Third Party Website Links
Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, advertisements, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by KindiBOX Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
C. Limitation of Liability
To the maximum extent permitted by applicable law, the KindiBOX Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Your transmissions or Content.
In no event shall the aggregate liability of the KindiBOX Entities exceed the greater of one hundred Singapore dollars (S $100.00) or the amount You paid KindiBOX to subscribe the Service, if any, in the past three (3) months for the Services giving rise to the claim.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the KindiBOX Entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
17. General Terms
A. Waiver and Severability
B. Controlling Law and Jurisdiction
Terms and any action related thereto will be governed by the laws of Singapore without regard to or application of its conflict of law provisions or Your state or country of residence. All claims, disputes, legal proceedings or litigation arising in connection with the Services will be brought solely in the competent courts of jurisdiction located in Singapore, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
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