PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING
PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
This Terms of Service Agreement (the "Agreement") governs your use of this website,
www.krack.in (the "Website"), Mobile Application “KRACKIN”, KRACKiN Technologies Pvt. Ltd.
("Business Name") offer of products for purchase or any other digital transaction or
engagement on this Website, or your purchase of products available on this Website. This
Agreement includes, and incorporates by this reference, the policies and guidelines referenced
below. KRACKiN Technologies Pvt. Ltd. reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised Agreement on
this Website. KRACKiN Technologies Pvt. Ltd. will alert you that changes or revisions have
been made by indicating on the top of this Agreement the date it was last revised. The
changed or revised Agreement will be effective immediately after it is posted on this Website.
Your use of the Website following the posting any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions. KRACKiN Technologies Pvt. Ltd.
encourages you to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing use of the Website. This Agreement does not
alter in any way the terms or conditions of any other written agreement you may have with
KRACKiN Technologies Pvt. Ltd. for other products or services. If you do not agree to this
Agreement (including any referenced policies or guidelines), please immediately terminate your
use of the Website. If you would like to print this Agreement, please click the print button
on your browser toolbar.
I. PRODUCTS & FEATURES
Terms of Offer. This Website offers for use or sale certain digital products and features
(the "Products"). By using the features through this Website, you agree to the terms set
forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct KRACKIN
Technologies Pvt. Ltd. sales reps, while they are calling you, of your desire to opt out
from further direct company communications and solicitations, you are agreeing to continue
to receive further emails and call solicitations KRACKiN Technologies Pvt. Ltd.
and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may send a written remove request to - Krackin Technologies, G2, Sai Madhura Grace 1,
BSK 3 stage, Bangalore 560085.
Proprietary Rights. KRACKiN Technologies Pvt. Ltd. has proprietary rights and trade secrets in the Products.
You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by KRACKIN
Technologies Pvt. Ltd. . KRACKiN Technologies Pvt. Ltd. also has rights to all trademarks and trade dress
and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
II. WEBSITE & MOBILE APPLICATION
Content - Intellectual Property; Third Party Links. In addition to making Products &
features available, this Website also offers information and marketing materials. This
Website also offers information, both directly and through indirect links to third-party
websites. KRACKiN Technologies Pvt. Ltd. does not always create the information offered
on this Website; instead the information is often gathered from other sources. To the
extent that KRACKiN Technologies Pvt. Ltd. does create the content on this Website, such
content is protected by intellectual property laws of the India, foreign nations, and
international bodies. Unauthorized use of the material may violate copyright, trademark,
and/or other laws. You acknowledge that your use of the content on this Website is for
personal, noncommercial use. Any links to third-party websites are provided solely as a
convenience to you. KRACKiN Technologies Pvt. Ltd. does not necessarily endorse the
contents on any such third-party websites. KRACKiN Technologies Pvt. Ltd. is not responsible
for the content of or any damage that may result from your access to or reliance on these
third-party websites. If you link to or purchase products from third-party websites, on being
re-directed to from www.krack.in , you do so at your own risk and are bound by the Terms &
conditions of the third-party website.
Use of Website - KRACKiN Technologies Pvt. Ltd. is not responsible for any damages resulting
from use of this website by anyone. You will not use the Website for illegal purposes.
(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
(2) not interfere with or disrupt the use and enjoyment of the Website by other users,
(3) not resell material on the Website,
(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and
(5) not defame, harass, abuse, or disrupt other users of the Website
License - By using this Website, you are granted a limited, non-exclusive, non-transferable
right to use the content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information without
express written authorization from KRACKiN Technologies Pvt. Ltd. or the applicable
third party (if third party content is at issue).
Posting - By posting, storing, or transmitting any content on the Website, you hereby grant
KRACKiN Technologies Pvt. Ltd. a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and assign such content in any form, in all media now
known or hereinafter created, anywhere in the world. KRACKiN Technologies Pvt. Ltd. does
not have the ability to control the nature of the user-generated content offered through
the Website. You are solely responsible for your interactions with other users of the
Website and any content you post. KRACKiN Technologies Pvt. Ltd. is not liable for any
damage or harm resulting from any posts by or interactions between users. KRACKiN Technologies
Pvt. Ltd. reserves the right, but has no obligation, to monitor interactions between and
among users of the Website and to remove any content KRACKiN Technologies Pvt. Ltd. deems
objectionable, at KRACKiN Technologie’s sole discretion.
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. the website and products are
offered on an "as is" and "as available" basis.
KRACKiN Technologies pvt. ltd. expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement with respect to the products or
website content, or any reliance upon or use of the website content or products.
("products" include trial products.)
Without limiting the generality of the foregoing, krackin technologies pvt. ltd. makes no
that the information provided on this website is accurate, reliable, complete, or timely
that the links to third-party websites are to information that is accurate, reliable,
complete, or timely
no advice or information, whether oral or written, obtained by you from this website will
create any warranty not expressly stated herein.
as to the results that may be obtained from the use of the products or that defects in
products will be corrected
regarding any products purchased or obtained through the website
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above
exclusions may not apply to you.
IV. LIMITATION OF LIABILITY
KRACKiN Technologies Pvt. Ltd. ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW,
IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY
BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING,
FOR PRODUCTS PURCHASED VIA THE WEBSITE.
KRACKiN Technologies Pvt. Ltd. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR FEATURES
IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;
(2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
(4) ANY LOST PROFITS YOU ALLEGE.
ANY LOST PROFITS YOU ALLEGE.
You will release, indemnify, defend and hold harmless KRACKiN Technologies Pvt. Ltd. , and
any of its Partners, vendors, contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all liabilities, claims, damages, costs and
expenses, including reasonable attorneys' fees and expenses, of third parties relating to
or arising out of (1) this Agreement or the breach of your warranties, representations and
obligations under this Agreement; (2) the Website content and functionality or your use of
the Website content and functionality; (3) the Products and features or your use of the
Products and features (including Trial Products); (4) any intellectual property or other
proprietary right of any person or entity; (5) your violation of any provision of this
Agreement; or (6) any information or data you supplied to KRACKiN Technologies Pvt. Ltd.
When KRACKiN Technologies Pvt. Ltd. is threatened with suit or sued by a third party,
KRACKiN Technologies Pvt. Ltd. may seek written assurances from you concerning your promise
to indemnify KRACKiN Technologies Pvt. Ltd. ; your failure to provide such assurances may be
considered by KRACKiN Technologies Pvt. Ltd. to be a material breach of this Agreement.
KRACKiN Technologies Pvt. Ltd. will have the right to participate in any defense by you of a
third-party claim related to your use of any of the Website content or Products,
with counsel of KRACKiN Technologies Pvt. Ltd. choice at its expense. KRACKiN Technologies
Pvt. Ltd. will reasonably cooperate in any defense by you of a third-party claim at your
request and expense. You will have sole responsibility to defend KRACKiN Technologies Pvt.
Ltd. against any claim, but you must receive KRACKiN Technologies Pvt. Ltd. prior written
consent regarding any related settlement. The terms of this provision will survive any
termination or cancellation of this Agreement or your use of the Website or Products.
KRACKiN Technologies Pvt. Ltd. believes strongly in protecting user privacy and providing
you with notice of KRACKiN technologie’s use of data. Please refer to KRACKiN Technologies
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to
be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. KRACKiN Technologies Pvt. Ltd. will not be deemed in default hereunder or
held responsible for any cessation, interruption or delay in the performance of its
obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God,
war, terrorism, armed conflict, labor strike, unforeseen economic downturn, lockout, or
Cessation of Operation. KRACKiN Technologies Pvt. Ltd. may at any time, in its sole
discretion and without advance notice to you, cease operation of the Website and
distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and
KRACKiN Technologies Pvt. Ltd. and supersedes any prior agreements pertaining to the
subject matter contained herein.
Effect of Waiver. The failure of KRACKiN Technologies Pvt. Ltd. to exercise or
enforce any right or provision of this Agreement will not constitute a waiver of such right
or provision. If any provision of this Agreement 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 this
Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Bangalore, Karnataka
State. This Agreement will be governed by the laws of the State of Karnataka, India,
without regard to its conflict of law principles to the contrary. Neither you nor KRACKIN
Technologies Pvt. Ltd. will commence or prosecute any suit, proceeding or claim to enforce
the provisions of this Agreement, to recover damages for breach of or default of this
Agreement, or otherwise arising under or by reason of this Agreement, other than in courts
located in State of Karnataka, India. By using this Website or ordering Products, you consent
to the jurisdiction and venue of such courts in connection with any action, suit, proceeding
or claim arising under or by reason of this Agreement. You hereby waive any right to trial by
jury arising out of this Agreement and any related documents.
Statute of Limitation. 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 Website or Products or
this Agreement must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY
WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION
OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS
AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. KRACKiN Technologies Pvt. Ltd. reserves the right to terminate your
access to the Website if it reasonably believes, in its sole discretion, that you have
breached any of the terms and conditions of this Agreement or the Honor Code. Following
termination, you will not be permitted to use the Website and KRACKiN Technologies Pvt. Ltd.
may, in its sole discretion and without advance notice to you, cancel any outstanding orders
for Products or customer data. If your access to the Website is terminated, KRACKIN
Technologies Pvt. Ltd. reserves the right to exercise whatever means it deems necessary
to prevent unauthorized access of the Website. This Agreement will survive indefinitely
unless and until KRACKiN Technologies Pvt. Ltd. chooses, in its sole discretion and without
advance to you, to terminate it.
Domestic Use. KRACKiN Technologies Pvt. Ltd. makes no representation that the Website
or Products are appropriate or available for use in locations outside India. Users who access
the Website from outside India do so at their own risk and initiative and must bear all
responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to
anyone. KRACKiN Technologies Pvt. Ltd. may assign its rights and obligations under this
Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.