KaamKotha.com TERMS And Condition
1. ACCEPTANCE OF TERMS
To use the Services, { KaamKotha.com / kaamkotha.com.au/ kaam kotha
Mobile Application (“Kaam Kotha") }you must be over 18 years old.
KaamKotha.com / kaamkotha.com.au/ kaam kotha Mobile Application (“Kaam Kotha")
provides a collection of online resources, including classified ads and various messaging
services, (referred to hereafter as "the Service") subject to the following Terms of Use
("Terms"). By using the Service in any way, you are agreeing to comply with the Terms. In
addition, when using particular Kaam Kotha services, you agree to abide by any applicable
guidelines for all Kaam Kotha services, which may change from time to time. Should you
object to any term or condition of the Terms, any guidelines, or any subsequent
modifications thereto or become dissatisfied with Kaam Kotha in any way, your only
recourse is to immediately discontinue use of Kaam Kotha. Kaam Kotha has the right, but
is not obligated, to strictly enforce the Terms through self-help, community moderation,
active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these
terms and conditions at any time. Such modifications shall become effective immediately
upon the posting thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or
other materials ("Content") posted on, transmitted through, or linked from the Service, are
the sole responsibility of the person from whom such Content originated. More specifically,
you are entirely responsible for each individual item ("Item") of Content that you post,
email or otherwise make available from your Account via the Service. You understand that
Kaam Kotha does not control, and is not responsible for Content made available through
the Service, and that by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the
Kaam Kotha site and Content available through the Service may contain links to other
websites, which are completely independent of Kaam Kotha. Kaam Kotha makes no
representation or warranty as to the accuracy, completeness or authenticity of the
information contained in any such site. Your linking to any other websites is at your own
risk. You agree that you 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
Kaam Kotha be liable in any way for any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise made available
via the Service. You acknowledge that Kaam Kotha does not pre-screen or approve
Content, but that Kaam Kotha shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Kaam Kotha site and Content available through the Service may contain features and
functionalities that may link you or provide you with access to third party content which is
completely independent of Kaam Kotha, including web sites, directories, servers,
networks, systems, information and databases, applications, software, programs, products
or services, and the Internet as a whole.
Your interactions with organisations and/or individuals found on or through the Service,
including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and
such organisations and/or individuals. You should make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline transaction with any
of these third parties.
You agree that Kaam Kotha shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings. If there is a dispute between
participants on this site, or between users and any third party, you understand and agree
that Kaam Kotha is under no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release Kaam Kotha, its officers,
employees, agents and successors in rights from 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 service.
5. NOTIFICATION OF 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
notify Kaam Kotha's for notice of claims of copyright or other intellectual property
infringement, at
info@KaamKotha.com
Please provide us with the following Notice:
a) Identify the material on the Kaam Kotha site that you claim is infringing, with enough
detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not
authorised by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in
your Notice is accurate, and (2) that you are the owner of the copyright interest involved or
that you are authorised to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Kaam Kotha will remove the infringing posting(s), subject to the the procedures outlined in
the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Kaam Kotha has established a Privacy Policy to explain to users how their information is
collected and used, which is located at the following web address:
http://www.Kaamkotha.com
Your use of the Kaam Kotha website or the Service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that Kaam Kotha
may, in its sole discretion, preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, and other user information, if
required to do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce the Terms; respond to claims
that any Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been posted or
transmitted without their consent or as a form of harassment; protect the rights, property,
or personal safety of Kaam Kotha, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive
of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii)
bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious
exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
d) that violates the discrimination laws by stating, in any notice or ad for the sale or rental
of any dwelling, a discriminatory preference based on race, colour, national origin, religion,
sex, familial status or handicap (or violates any state or local law prohibiting discrimination
on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not
limited to, stating in any advertisement for employment a preference or requirement based
on race, colour, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-
discrimination provision of the Immigration and Nationality Act, including requiring
Australian citizenship or lawful permanent residency as a condition for employment, unless
otherwise required in order to comply with law, regulation, executive order, or federal,
state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a Kaam Kotha
employee, or falsely states or otherwise misrepresents your affiliation with a person or
entity (this provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.);
h) that includes personal or identifying information about another person without that
person's explicit consent;
i) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of
any party, or Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of
the Kaam Kotha sites which are not designated for such purposes; or emailed to Kaam
Kotha users who have not indicated in writing that it is ok to contact them about other
services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) that advertises any illegal service or the sale of any items the sale of which is prohibited
or restricted by any applicable law.
o) that contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding
attack) to the Service, or that otherwise negatively affects other users' ability to use the
Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with
anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like
to download data from the Service - unless expressly permitted by Kaam Kotha;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on our
infrastructure;
w) post the same item or service in more than one classified category or in more than one
metropolitan area;
x) attempt to gain unauthorized access to Kaam Kotha's computer systems or engage in
any activity that disrupts, diminishes the quality of, interferes with the performance of, or
impairs the functionality of, the Service or the Kaam Kotha website; or
y) use any form of automated device or computer program that enables the submission of
postings on Kaam Kotha without each posting being manually entered by the author
thereof (an "automated posting device"), including without limitation, the use of any such
automated posting device to submit postings in bulk, or for automatic submission of
postings at regular intervals, unless otherwise approved in writing by Kaam Kotha; or
z) use any form of automated device or computer program ("flagging tool") that enables
the use of Kaam Kotha's "flagging system" or other community moderation systems
without each flag being manually entered by the person that initiates the flag (an
"automated flagging device"), or use the flagging tool to remove posts of competitors, or to
remove posts without a good faith belief that the post being flagged violates these Terms.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content
to the Service on behalf of others. To moderate demands on Kaam Kotha's resources, you
may not use a Posting Agent to post Content to the Service without express permission or
license from Kaam Kotha. Correspondingly, Posting Agents are not permitted to post
Content on behalf of others, to cause Content to be so posted, or otherwise access the
Service to facilitate posting Content on behalf of others, except with express permission or
license from Kaam Kotha.
9. NO SPAM POLICY
Any unauthorized use of Kaam Kotha computer systems for sending unsolicited email
advertisements to Kaam Kotha email addresses or through Kaam Kotha computer
systems is expressly prohibited by these Terms and is a violation of these Terms and
certain federal and state laws, including without limitation the Computer Fraud and Abuse
Act. Such violations may subject the sender and his or her agents to civil and criminal
penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access
fee permitting Content to be posted in a designated area. Each party posting Content to
the Service is responsible for said Content and compliance with the Terms. All fees paid
will be non-refundable in the event that Content is removed from the Service for violating
the Terms.
11. LIMITATIONS ON SERVICE
You acknowledge that Kaam Kotha may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with which you may access the
Service. You agree that Kaam Kotha has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service. You acknowledge
that Kaam Kotha reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that Kaam Kotha shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
Kaam Kotha grants you a limited, revocable, nonexclusive license to access the Service
for your own personal use. This license does not include: (a) access to the Service by
Posting Agents; or (b) any collection, aggregation, copying, duplication, display or
derivative use of the Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly permitted by Kaam Kotha.
A limited exception to (b) is provided to internet search engines and non-commercial public
archives that use such tools to gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and comply with our robots.txt file.
Kaam Kotha offers various parts of the Service in RSS format so that users can embed
individual feeds into a website , or view postings through third party software news
aggregators. Kaam Kotha permits you to display, excerpt from, and link to the RSS feeds
on your website, provided that (a) each title is correctly linked back to the original post on
the Service and redirects the user to the post when the user clicks on it, (b) you provide,
adjacent to the RSS feed, proper attribution to ‘KaamKotha.com’ as the source, (c) your
use or display does not suggest that Kaam Kotha promotes or endorses any third party
causes, ideas, web sites, products or services, and (d) your use does not overburden
Kaam Kotha's systems. Kaam Kotha reserves all rights in the content of the RSS feeds
and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Kaam Kotha
immediately terminates said permission or license.
13. TERMINATION OF SERVICE
You agree that Kaam Kotha, in its sole discretion, has the right (but not the obligation) to
delete or deactivate your account, block your email or IP address, or otherwise terminate
your access to or use of the Service (or any part thereof), immediately and without notice,
and remove and discard any Content within the Service, for any reason, including, without
limitation, if Kaam Kotha believes that you have acted inconsistently with the letter or spirit
of the Terms. Further, you agree that Kaam Kotha shall not be liable to you or any third-
party for any termination of your access to the Service. Further, you agree not to attempt to
use the Service after said termination. Sections 2, 4, 6 and 10-19 shall survive termination
of the Terms.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is protected by
copyright as a collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation of derivative works from
or redistribution of the site or the collective work, and/or copying or reproducing the sites or
any portion thereof to any other server or location for further reproduction or redistribution
is prohibited without the express written consent of Kaam Kotha. You further agree not to
reproduce, duplicate or copy Content from the Service without the express written consent
of Kaam Kotha, and agree to abide by any and all copyright notices displayed on the
Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the foregoing, you
agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service.
Although Kaam Kotha does not claim ownership of content that its users post, by posting
Content to any public area of the Service, you automatically grant, and you represent and
warrant that you have the right to grant, to Kaam Kotha an irrevocable, perpetual, non-
exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you automatically grant
Kaam Kotha all rights necessary to prohibit any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the Content on the Service by any party for any
purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Kaam Kotha SITE AND THE SERVICE IS ENTIRELY
AT YOUR OWN RISK. THE Kaam Kotha SITE AND THE SERVICE ARE PROVIDED ON
AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, Kaam Kotha DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Kaam Kotha
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Kaam
Kotha DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE Kaam Kotha SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE Kaam Kotha SITE. TO THE FULLEST
EXTENT PERMITTED BY LAW, Kaam Kotha DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Kaam
Kotha SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Kaam Kotha BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF Kaam Kotha HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Kaam Kotha
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE Kaam Kotha SITE OR THE SERVICE, FROM INABILITY TO USE THE Kaam
Kotha SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE Kaam Kotha SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE Kaam Kotha SITE OR THE
SERVICE OR ANY LINKS ON THE Kaam Kotha SITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE Kaam Kotha SITE OR THE SERVICE OR ANY LINKS ON THE
Kaam Kotha SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold Kaam Kotha, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including reasonable attorney fees and
court costs, made by any third party due to or arising out of Content you submit, post or
make available through the Service, your use of the Service, your violation of the Terms,
your breach of any of the representations and warranties herein, or your violation of any
rights of another.
18. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Kaam Kotha and govern your
use of the Service, superceding any prior agreements between you and Kaam Kotha. The
Terms and the relationship between you and Kaam Kotha shall be governed by the laws of
the State of NSW without regard to its conflict of law provisions. You and Kaam Kotha
agree to submit to the personal and exclusive jurisdiction of the courts located within the
county of NSW. The failure of Kaam Kotha to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms by flagging the posting(s) for review, or by
contacting us.
Our failure to act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it
becomes necessary for Kaam Kotha to pursue legal action to enforce these Terms, you
will be liable to pay Kaam Kotha the following amounts as liquidated damages, which you
accept as reasonable estimates of Kaam Kothas' damages for the specified breaches of
these Terms:
a. If you post a listing and/or a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that
includes personal or identifying information about another person without that person's
explicit consent, you agree to pay Kaam Kotha one thousand dollars ($1,000) for each
such message. This provision does not apply to Content that constitutes lawful non-
deceptive parody of public figures.
b. If Kaam Kotha establishes limits on the frequency with which you may access the
Service, or terminates your access to or use of the Service, you agree to pay Kaam Kotha
one hundred dollars ($100) for each listing and/or message posted in excess of such limits
or for each day on which you access Kaam Kotha in excess of such limits, whichever is
higher.
c. If you send unsolicited email advertisements to Kaam Kotha email addresses or through
Kaam Kotha computer systems, you agree to pay Kaam Kotha twenty five dollars ($100)
for each such email.
d. If you post Content in violation of the Terms, other than as described above, you agree
to pay Kaam Kotha one hundred dollars ($100) for each Item of Content posted. In its sole
discretion, Kaam Kotha may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to
any liquidated damages under clause (d), you agree to pay Kaam Kotha one hundred
dollars ($100) for each and every Item you post in violation of the Terms. A Posting Agent
will also be deemed an agent of the party engaging the Posting Agent to access the
Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of
the Terms) agrees to pay Kaam Kotha an additional one hundred dollars ($100) for each
Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any
purpose any Content (except for your own Content) in violation of these Terms without
Kaam Kotha's express written permission, you agree to pay Kaam Kotha three thousand
dollars ($3,000) for each day on which you engage in such conduct.
g. If you collect personal data about other users for commercial or unlawful purposes, and/
or if you make unsolicited contact with anyone for any commercial purpose in violation of
these Terms without Kaam Kotha's express written permission, you agree to pay Kaam
Kotha three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Kaam Kotha's actual damages, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other provision of these
Terms, Kaam Kotha retains the right to seek the remedy of specific performance of any
term contained in these Terms, or a preliminary or permanent injunction against the breach
of any such term or in aid of the exercise of any power granted in these Terms, or any
combination thereof.
20. Access to the Site outside Australia
We do not represent or warrant that this Site or the Content complies with the laws of any
country outside of Australia. If you access and use this Site or the Content from outside
Australia, you do so at your own risk.
22. Phone number and SMS
By Sign up our service you are agree to get sms from our app user regarding your post at
anytime. You can stop getting sms by editing your post status from available to booked or
deleting your post.
