KamPao.in Terms of Service

The following terms of service (these "Terms of Service"), govern your access to and use of the KamPao.in website and mobile application, including any content, functionality and services offered on or through https://www.kampao.in/ or the KamPao mobile application (the "Site") by Eduvar Software (OPC) Private Limited, having its registered address at Narayan Bhavan, Lalbagh, Near Nehru Manch, Jagdalpur, Chhattisgarh 494001 referred herein as "KamPao" "we" or "us" and “you” or “user” means you as a user of the Site.

Please review the Terms of Service thoroughly before using the Site. You accept and agree to be bound and abide by these Terms of Service and our Privacy Statement, which is incorporated herein by reference, by using the Site, opening an account, or by clicking to accept or agree to the Terms of Service when this option is made available to you. You also acknowledge that you have read and comprehend our Privacy Statement, which can be found here. If you do not concur with these Terms of Service or the Privacy Statement, you are not permitted to access or use the Site.

The Site is only offered and available to users who are at least 18 years of age and legal age to form a binding contract. If you are under the age of 18, you are not permitted to use the Site or the services that we offer. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Key Terms

Non Compliant Content shall mean any Content that is not in compliance with the applicable law and regulations and is found to be in breach of these Terms of Service.

Stalk shall mean the act or crime of willfully and repeatedly contacting, following or harassing another user/person in such circumstances that would cause a reasonable person to fear harm, injury or death. The term Stalk or Stalking by reference automatically assumes the meaning or interpretation designated to it under the Information Technology Act, 2000 and the Indian Penal Code.

Transactions shall mean any exchange of information, communication or Services by and between the users on the Site.

Third Party shall mean any person, individual or entity other than KamPao or users.

  1. About Us and Use of the Site

  1. KamPao is an online platform which seeks to increase the transparency and hiring visibility for selected categories of unskilled and semi-skilled workers in rural and urban India. KamPao seeks to leverage the internet accessibility across India to connect prospective employers with contractual and full-time labour and workers (“service”). Both, employers and labourers/workers shall be categorised as users for the purpose of these Terms of Service. KamPao’s role is solely limited to acting as a platform and a venue to allow our users who comply with these Terms of Service to find and outsource work. Although, you may be able to contact other users through our Site, we are no in any way involved in such Transactions. As a result, you hereby acknowledge and agree that KamPao is not a party to such Transaction, does not have any contractual obligation towards any user (except for what is expressly agreed under these Terms of Service), has no control over any element of such Transactions, and shall have no liability to any user in connection with such Transactions. You agree to use our service and Site at your own risk.

  1. You understand that KamPao does not control, and is not responsible for ads, business listings/information, messages between users, including without limitation e-mails sent from outside KamPao’s domain or other means of electronic communication, whether through the Site or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Site and the service ("Content"), and that by using the Site and the service, you may be exposed to Content that is offensive, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will KamPao be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that KamPao cannot and does not pre-screen or approve any Content, but that KamPao has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to KamPao’s knowledge or for any other reason or no reason at all. Furthermore, the Site and Content available through the Site may contain links to other Third-Party websites ("Third Party Websites''), which are completely unrelated to KamPao. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. KamPao makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and KamPao disclaims all liability thereto. While you use our Site, we will also have access to your Personal Information (as defined under our Privacy Policy) and we take complete accountability of keeping your data secure, sharing such date with trusted third-parties and complying with the applicable laws and the terms of the Privacy Policy that governs our use of your Personal Information and data.

  1. You acknowledge and agree that you are solely responsible for your own Content (“User Content”) posted on, transmitted through, or linked from the Site and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the Site. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Site, have the necessary rights, consents, and permissions to use and upload such Content on the Site and authorise KamPao to use such Content to enable inclusion and use of the Content in the manner contemplated by KamPao under these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Site. For clarity, you retain all of your rights in your Content; however, by submitting any Content to the Site, you hereby grant to KamPao an irrevocable, cancellable, worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and upload the Content in connection with our business, including without limitation for the purpose of promoting and redistributing part or all of the Site and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by KamPao in order to host and display your Content. You also hereby grant each user of the Site (a) a non-exclusive license to access your Content through KamPao, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or KamPao removes or deletes such Content from the Site. Further, you grant KamPao the right to make available your Content to any Third Party in connection with the Transaction contemplated in your listing.

2.  User Account

        To access all of the Site's features and functionalities, you may be required to create an Account (“User Account”). You must provide complete and accurate information when setting up your User Account. You are exclusively liable for all activities that occur on your User Account, and you must keep your credentials secure. Any security breach or unauthorised use of your User Account must be reported immediately. Although we will not be held liable for your losses resulting from any unauthorised use of your User Account, you may be held liable for our losses or the losses of others resulting from such unauthorised use. The Privacy Statement governs the collection and use of all information collected through user accounts or otherwise through the Site or the services that we offer and KamPao only takes complete accountability of the user data that it collects. You may comply with the Section “User Conduct” below at all times while using our Site, services or your User Account. KamPao reserves its right to temporarily or permanently terminate your access to your User Account if you are found to be in a breach of these Terms of Service.

3.   User Conduct

You agree not to post, host, display, upload, modify, publish, transmit, store, update or share any information on the Site, or otherwise make available any Content:

 

  1. That is found to be in violation of any law or regulations for the time being in force.
  2. That is subject to Third-Party proprietary or personal rights, including privacy and publicity rights unless you are the owner of such rights and have a permission or licence from the rightful owner of such rights to post the Content on their behalf.
  3. That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force.
  4. That harasses, degrades, intimidates, or is malicious towards any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
  5. That is in violation of any local equal employment laws, including but not limited to those prohibiting the stating, in any listing for employment, a preference or requirement based on race, colour, religion, national origin, age or disability of any user.
  6. That compromises the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order; that incites the commission of a cognizable offence; that impedes the investigation of a cognizable offence; or that insults another nation.
  7. That includes personal or identifying information about another person without that person’s explicit consent.
  8. That ends up misleading any user about the origin of such listing or communicates any information which is grossly offensive and menacing in nature.
  9. That is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” offer.
  10. That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature.
  11. That includes links to services and Third Party Websites, except as specifically allowed by KamPao.
  12. That advertises illicit services or the sale of prohibited or restricted items, including, but not limited to, items whose sale is prohibited or regulated by applicable law;
  13. That contains software viruses or any other computer code, files, or programs intended to interrupt, disrupt, or limit the functionality of any computer software or hardware, telecommunications equipment, or other computer resource.
  14. That disrupts the normal flow of dialogue with an excessive number of messages to the Site, or that otherwise negatively affects the user’s ability to use the Site.
  15. That employs misleading email addresses, forged headers, or otherwise manipulated identifiers to conceal the origin of Content transmitted via the Site.
  16. That belongs to a Third-Party and to which you do not hold any rights, title or interest.
  17. That is harmful to children.

You further agree not to engage in behaviour and such conduct that may harass, offend, disrespect, or make any other user uncomfortable and makes such user’s experience of using the Site unpleasant. In this background, you agree not to:

  1. Contact any user who has requested not to be contacted, or make unsolicited contact with anyone for any purpose, commercial or otherwise, including contacting any user to post an advertisement or listing on a Third-Party Website or post any advertisement or listing on behalf of such user, or to "Stalk" or otherwise harass anyone.
  2. Make any libellous or defamatory comments or postings to or against anyone.
  3. Collect personal data about users or entities for commercial or unlawful purposes.
  4. Download or extract data from the Site using automated means, such as spiders, robots, crawlers, data mining tools, or the like, except for internet search engines (such as Google) and non-commercial public archives.
  5. Post Content that is outside the local area or irrelevant to the local area where it is intended to be published and, post the same or similar Content repeatedly, or otherwise impose unreasonable or disproportionately large burdens on our servers or other infrastructure.
  6. Post the same service in multiple listings.
  7. Attempt to gain unauthorised access to computer systems owned or controlled by KamPao, or engage in any activity that disrupts, degrades, interferes with, or impairs the quality, performance, or efficacy of the Site or the service.
  8. Post any content in general that is not in terms with the applicable laws and regulations for the time being in force. Such content may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms or the privacy policy of the Site, KamPao may terminate your User Account, block your access to the Site and remove any Non-compliant content uploaded by you.

4. Intellectual Property Rights

  1. You acknowledge and agree that the Contents of our Site other than the User Content that you licensed under Section 1(c) of these Terms of Service, including without limitation, the text, graphics, images,sounds, scripts or any other interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to KamPao, and are subject to copyright and other intellectual property rights under the Indian Laws, foreign laws and international treaties or conventions.

  1. The Site may display certain trademarks belonging to Third Parties in relation to the Services. The use of these trademarks may be governed by licences granted to KamPao by Third Parties. In no instance shall you reverse engineer, decompile, or disassemble such trademarks, and nothing in these Terms of Service shall be construed as granting you any rights with respect to such trademarks.

  1. Materials on the Site are provided AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose without the express written permission of the respective owners. KamPao reserves all rights to the Site and Materials not expressly granted herein. You agree not to use, copy, or distribute any of the Materials except as expressly permitted herein, including any use, duplication, or distribution for commercial purposes of Materials of Third Parties obtained through the Site. When downloading or printing a copy of the Materials for your own personal use, you must keep all copyright and other proprietary notices intact.

  1. You agree not to bypass, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or duplication of any Materials or enforce usage limitations on the Site or the Materials therein. The Site and service is safeguarded to the greatest extent permitted by copyright laws, other laws, and international treaties and/or conventions. According to copyright laws, other laws, and international conventions, the content displayed on or through the Site is protected by copyright as a collective work and/or compilation. It is expressly prohibited to reproduce, modify, create derivative works from, or redistribute the Site, the Materials, or the collective work or compilation. It is expressly prohibited to copy or reproduce the SIte, the Materials, or any portion thereof, on any other server or location for the purpose of further reproduction or redistribution.

  1. You also undertake not to reproduce, duplicate, or copy Content or Materials from the Site and to comply with all copyright and other notices displayed therein. You are not permitted to decompile, disassemble, or otherwise attempt to discover the source code contained within the Site. You agree not to reproduce, duplicate, replicate, sell, resell, or otherwise exploit for any commercial purposes any portion of the Site or service.

5. Indemnification

You agree to defend, indemnify and hold harmless KamPao, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Site and/or the service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any Third Party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a Third Party. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the service and the SIte.

6. Dealings with Organisations and Individuals

You acknowledge and agree that KamPao shall not be liable for your interactions with any organisations and/or individuals on the Site or through the service. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organisations and/or individuals. These dealings are solely between you and such organisations and/or individuals. You agree and acknowledge that KamPao shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between users on the Site, or between users and any Third Party, you understand and agree that KamPao is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release KamPao, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Site or service.

7. Disclaimer of Warranties

        

        YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

        TO THE FULLEST EXTENT PERMITTED BY LAW KamPao, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. KamPao MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE.

        KamPao DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KamPao WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

        

IN NO EVENT SHALL KamPao, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF KamPao HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE KamPao SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KamPao SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. Dispute Resolution and Governing Law

        These Terms of Service and the relationship between the users and KamPao shall be governed by the laws applicable for the time being in force in India.

        Any dispute arising between users and KamPao regarding the application or interpretation of, or in any way relating to these Terms of Service, the Site or our service, shall be governed by way of mutual negotiation and mediation between the parties to any dispute. Users may address their grievance and write to KamPao via email at eduvarsoftware.pvtltd@gmail.com. Both, user and KamPao agree to attempt to resolve all such disputes arising hereunder promptly, equitably and in a good faith manner.

        If any such dispute is not resolved within thirty (30) days of user’s first intimation of their grievance, the user and KamPao shall submit to the jurisdiction of the courts of Chhattisgarh, India. Each party to a dispute filed before the relevant Court shall remain independently responsible for the costs of such litigation. The prevailing party will be entitled to recover its reasonable attorney’s fees and costs in such proceeding from the other party.

10. General Terms and Information

        Severability. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or inapplicable, both user and KamPao nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms of Service  is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.

        Waiver. The failure of KamPao to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

        Assignment. These Terms of Service, any rights and licences granted hereunder and any obligations undertaken and agreed hereunder shall be transferred or assigned by KamPao without restriction. Any such assignment or transfer by you shall be null and void.

        Observance and Abidance by laws. KamPao and users shall observe and at all times remain fully compliant with any and all applicable laws, rules, regulations, codes and ordinances of all local government agencies or regulatory bodies which in any manner affect or apply to their performance hereunder.

        Entire Agreement. These Terms of Service read with our Privacy Policy constitutes the entire and integrated agreement between KamPao and users with respect to the subject matter of this Agreement and supersedes all previous or contemporaneous communications, representations, understandings, and agreements, either oral or written.

        Subject Headings. The subject headings of these Terms of Service are for the convenience of the Parties and shall not be considered in any question or interpretation or construction of these Terms of Service.

        Contact Us. If you have any questions or concerns or any feedback in connection with these Terms of Service you may get in touch with us via email at eduvarsoftware.pvtltd@gmail.com.