Interpretation and Definitions

Interpretation

Words with capitalised initial letters have definitions determined by the following conditions. 

These definitions remain consistent whether the words are in singular or plural form.

Definitions

‍For the purposes of these Terms of Service:

Terms of Service ("Terms")

Our Terms of Service were last updated on 15/06/24.

Please read these terms and conditions carefully before using Our Service.

"Affiliate" refers to an entity that shares control with a party, with "control" denoting ownership of 50% or more of shares, equity interest, or other securities that carry voting rights for the selection of directors or other managing authorities. This control relationship can be through control, being controlled by, or having a common controlling entity.

“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Khanea.

"You" refers to the person who accesses or uses the Service, or, as relevant, the company or any other legal entity for which the individual is accessing or using the Service on their behalf.

Acknowledgment

"Content" encompasses materials like text, images, or other information that can be shared, uploaded, linked to, 

or otherwise provided by you, regardless of their format.

"Device" refers to any tool capable of accessing the Service, such as a computer, cell phone, or digital tablet.

"Feedback" denotes any input, innovations, or suggestions you send us regarding the attributes, performance, 

or features of our Service.

"Service" pertains to the Website.

"Terms of Service" (also known as "Terms") signify these Terms of Service, which constitute the complete agreement between you and the Company concerning the use of the Service.

"Third-party Social Media Service" represents any services or content (including data, information, products, or services) offered by a third-party, which might be displayed, incorporated, or made accessible through the Service.

"Website" points to https://www.khanea.com, which is accessible at https://www.khanea.com.

These Terms of Service establish the rules for utilising this Service and the agreement that governs the relationship between you and the Company. They outline the rights and responsibilities of all users with respect to the Service.

Your ability to access and use the Service depends on your acceptance of and adherence to these Terms of Service. These terms are applicable to all individuals, including visitors, users, and any others who access or use the Service. By accessing or using the Service, you acknowledge and consent to be bound by these Terms of Service. 

If you do not agree with any aspect of these terms, you should refrain from accessing the Service. 

Furthermore, you confirm that you are at least 18 years of age, as the Company does not permit individuals under the age of 18 to use the Service.

Your ability to access and use the Service is also contingent upon your agreement to and adherence to the Company's Privacy Policy.

The Privacy Policy delineates the Company's practices and protocols concerning the gathering, utilisation, and sharing of your personal information while using the Application or the Website. 

It informs you about your privacy rights and the legal safeguards in place to protect your privacy. We urge you to carefully review our Privacy Policy before utilising our Service

Copyright Policy

Intellectual Property Infringement

We uphold a strong commitment to respecting the intellectual property rights of others. It is our established policy to address any claim asserting that Content posted on the Service violates someone's copyright or other forms of intellectual property rights.

If you are a copyright owner or authorised on behalf of one, and you believe that a copyrighted work has been replicated in a way that constitutes copyright infringement through the Service, please submit a written notice to our copyright agent via email (matt@khanea.com). Your notice should include a comprehensive description of the alleged infringement.

Please be aware that making inaccurate claims about Content infringing your copyright may result in potential liability for damages, including costs and attorney's fees.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

To submit a DMCA notification, you can provide our Copyright Agent with the following information in writing, as outlined in 17 U.S.C 512(c)(3):

You may contact our copyright agent through email at contact@khanea.com. Upon receiving a notification, the Company will take any action it deems suitable, at its sole discretion, which may include removing the disputed content from the Service.

Intellectual Property

The Service, along with its original content (excluding Content contributed by you or other users), features, and functionality, is and will continue to be the sole ownership of the Company and its licensors.

The Service is safeguarded by copyright, trademark, and other regulations in both domestic and international jurisdictions.

Our trademarks and distinctive appearance should not be employed in association with any product or service without obtaining prior written consent from the Company.

Your Feedback to Us

You transfer all rights, ownership, and interests in any Feedback you supply to the Company. If, for any reason, this assignment proves ineffective, you consent to providing the Company with a non-exclusive, enduring, irrevocable, royalty-free, global right and license to employ, replicate, reveal, sublicense, distribute, adjust, and utilise that Feedback without any limitations.

Links to Other Websites

Our Service might include links to websites or services operated by third parties, which are not owned or managed by the Company. The Company lacks control over, and assumes no responsibility for, the content, privacy policies, or practices of these third-party websites or services. You also acknowledge and agree that the Company is not liable or responsible, either directly or indirectly, for any harm or loss purportedly resulting from or related to the usage of or reliance on the content, products, or services available on or through such websites or services.

We strongly recommend that you carefully review the terms and conditions as well as the privacy policies of any third-party websites or services you choose to visit.

Limitation of Liability

Despite any potential damages you may suffer, the Company and its suppliers' entire liability under any provision of these Terms, as well as your exclusive recourse for all of the aforementioned, shall be restricted to the actual amount you paid through the Service or $100 if you haven't made any purchases through the Service.

To the fullest extent allowed by applicable law, under no circumstances shall the Company or its suppliers be held responsible for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, loss of profits, data, or other information, business interruption, personal injury, privacy infringement, arising from or in any way related to the use of the Service, third-party software, third-party hardware used with the Service, or any provision of these Terms). This applies even if the Company or a supplier has been advised of the potential for such damages and even if the remedy does not fulfil its essential purpose.

In certain states where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not allowed, some of the above limitations may not apply. In these states, the liability of each party will be restricted to the maximum extent permissible by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE," with all faults and defects, without any form of warranty. To the maximum extent allowed by applicable law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, explicitly disclaims all warranties, whether express, implied, statutory, or otherwise, in connection with the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from the course of dealing, course of performance, usage, or trade practice. To further clarify, the Company does not provide any warranty or guarantee, nor does it make any representation that the Service will meet your requirements, achieve specific outcomes, be compatible with other software, applications, systems, or services, operate without interruptions, meet performance or reliability standards, be error-free, or that any errors or defects will be corrected. Additionally, neither the Company nor its providers make any express or implied representation or warranty regarding: (i) the operation or availability of the Service, or the information, content, materials, or products provided therein; (ii) uninterrupted or error-free Service; (iii) the accuracy, reliability, or currency of information or content delivered through the Service; or (iv) the absence of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components in the Service, its servers, or content. In some jurisdictions where the exclusion of certain types of warranties or limitations on statutory consumer rights is not permitted, 

Some or all of the above disclaimers and limitations may not apply to you. Nevertheless, in such cases, the disclaimers and limitations detailed in this section will be enforced to the fullest extent allowable under applicable law.

Governing Law

These Terms and your use of the Service will be governed by the laws of the Country, with any conflicts of law rules excluded. Your use of the Application may also be subject to additional local, state, national, or international laws

Dispute Resolution

In the event of any concerns or disputes regarding the Service, you agree to initially attempt an informal resolution by contacting the Company.

For European Union (EU) Users

If you are a consumer within the European Union (EU), you will be entitled to any mandatory legal provisions of the country in which you reside.

United States Legal Compliance

You confirm and guarantee that (i) you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country by the United States government, and (ii) you are not listed on any United States government register of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is determined to be unenforceable or invalid, that provision will be modified and construed to achieve the intent of the provision to the fullest extent allowed by applicable law, and the remaining provisions will remain in full force and effect.

Waiver

Except as explicitly stated here, the failure to exercise a right or demand the performance of an obligation under these Terms will not affect a party's ability to exercise that right or demand such performance at a later time, and the waiver of a breach will not be considered a waiver of any subsequent breach.

Changes to These Terms of Service

We retain the right, at our sole discretion, to amend or substitute these Terms at any time. If a revision is significant, we will make reasonable efforts to give at least 30 days' notice before the new terms take effect. The determination of what constitutes a significant change will be made at our sole discretion.

By continuing to access or use our Service after these revisions become effective, you agree to be bound by the updated terms. If you do not accept the new terms, in whole or in part, please discontinue using the website and the Service.

Contact Us

If you have any inquiries about these Terms of Service, you can reach us through the following means:

By visiting this page on our website: https://www.khanea.com 

By sending us an email at: contact@khanea.com.