Terms of Use Agreement

OVERVIEW

These terms and conditions (the ‘Terms’) govern your use of any or all of the documents that comprise the website and all services offered by KitkatWords. If you do not agree with the Terms, then do not use the Web site or other services. If you do use the Web site, then your use indicates that you agree to be bound by the Terms. Changes may be made in these terms and conditions at any time and without notice; users are bound by such revisions and should therefore visit this page periodically to review the current Terms and Conditions.

PRIVACY OF INFORMATION

“Personal Information” means all information about an identifiable individual. KitkatWords collects personal information from you in order to create your online profile. At no time and under no circumstance is any available personally identifiable information of the users (registered or otherwise) is shared with 3rd parties for commercial or non-commercial purposes.

The KitkatWords App (the “app”) for iOS and Android transmits information about users such as their IP address, their access and time of such access of kitkatwords.com online dictionary or locally installed data/files. The server(s) from which such services are provided may also record the queries searched. The search queries, frequency of searches and the user agent activity is monitored to detect systematic copying of content, which is considered violation of copyright.

We may use third-party advertising companies to serve ads when you use the app. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit Google ad and content network privacy policy.

Specifically, Google, as a third party vendor, uses cookies to serve ads on this site. Google’s use of the DART cookie enables it to serve ads to the users of this site based on their visit to this site and other sites on the Internet. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

EXTERNAL LINKS

The Service may from time to time contain links to other Internet sites and resources ("External Links"). No responsibility is accepted for the content of those sites. These links are provided for your convenience only, and the material on these sites is not necessarily endorsed.

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Techquanta Software Services pvt. ltd. is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact us at care@kitkatwords.com or write at the our registered address:

Techquanta Software Services Pvt. Ltd.
Flat no. 111, Swaroop Sadan CGHS,
Plot No-4, Dwarka Sector 13,
New Delhi, 110075
India
If you believe that any material or content distributed by KitkatWords constitutes copyright infringement, please provide us with the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. A statement that the complaining party has 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.
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

DISCLAIMER OF LIABILITY

We put efforts to ensure the accuracy and correctness of the information on KitkatWords, but we cannot guarantee that there are no errors. No claims, promises or warranties, express or implied, are made about the accuracy, completeness or fitness for purpose of any material on this website. Liability for errors is expressly disclaimed.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TECHQUANTA SOFTWARE SERVICES PVT LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KITKATWORDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TECHQUANTA SOFTWARE SERVICES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNITY

You hereby agree to indemnify, defend and hold harmless KitkatWords and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. KitkatWords reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

FEE FOR SERVICES

In addition to the free services provided on the KitkatWords.com Website/Android/IOS App, certain services are offered which require payment for service. Where payment is required, the following additional terms and conditions will apply

PRIVACY OF FINANCIAL INFORMATION

KitkatWords will use the credit card information you provide to bill you for services. By registering for a for-fee service and providing your credit card details, you agree to be billed by us for your for-fee service in advance. KitkatWords will not share your financial information with third-parties, except as necessary to process your payment. By providing your credit card details to us, you consent to and authorize us to provide your credit card details to such credit card processors and financial institutions as are necessary to process your payment.

TERMINATION OF SERVICES FOR NON-PAYMENT

Where payment is required for a service and we are unable to charge your credit card for any reason, we may discontinue any and all service to you either temporarily or permanently.

CANCELLATION OF SERVICES / REFUND POLICY

You may request cancellation of services of any KitkatWords service at any time. Where, however, a fee has been paid for a service, all such payments for service are non-refundable as Product/service as activated immediately. unfortunately we can't offer you a refund or exchange.

INDEMNITY

You agree to defend, indemnify and hold harmless KitkatWords and its owner(s) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from:

  • Your use of the Website;
  • Your use of the Android and IOS App;
  • Your violation of these Terms & Conditions;
  • Your violation of the terms which apply to your User Submission;
  • Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right;
  • Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.