Terms of service
TERMS & CONDITIONS
https://www.kodo.com, herein referred to as “Kodo” is a property of and operated by Kodo Technologies Private Limited, having its registered office at 12th Floor, Crompton greaves house, Dr.Annie Besant road, Worli, Mumbai, Maharashtra. By accessing or using any version of KODO, you signify that you have read, understood and agree to be bound by these Terms and Conditions (“T&C”) and any other applicable law, whether or not you are a registered member of KODO. As used herein, “Users” shall mean anyone who uses or accesses KODO webpage/web app on any computer, mobile phone, tablet, console or other device (collectively, “Device“).If you do not agree with these T&C, please do not access and use KODO. For the purposes of these T&C, “we”, “our” and “us” shall mean KODO, and/or third-party service providers engaged by KODO to render certain services on the web page/app and “you” and “your” shall mean a User who meets the eligibility criteria set out below.
1. TERMS & CONDITIONS SUBJECT TO CHANGE
- We reserve the right to update or modify these T&C at any time without prior notice. Your access and use of KODO following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the web page/App.
- You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C.
- If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the web page/App and avail of the features and facilities on its behalf only as an authorized user of such entity.
3. INTELLECTUAL PROPERTY POLICY
- All of the content on the web page/App, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames (“web page/App Content“), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the web page/App and it’s Content.
- You may access the web page/App, avail of the features and facilities and utilize the Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Content, you could contact us in the manner provided for herein.
- KODO and its licensors, if any, are the sole owners of the underlying software and source code associated with the web page/App and all the trademarks, copyright and any other intellectual property rights of any nature in the web page/App.
4. USER ACCOUNT, PASSCODE & SECURITY
- You have an option to set a security passcode on KODO. You are responsible for maintaining the confidentiality of the passcode and your account (“Account”) and are fully responsible for all activities that occur under your passcode or Account. You agree to: (a) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.
- Through the web page/App, KODO assists Users to gain access to certain financial products from it’s bank and credit facility partners.
- KODO hereby grants to you a restricted, non-transferable, license to download and use the Web App on a Device, having the specifications provided for in Clause 7 of these T&C, which you own or control, to avail of the functions and features in accordance with these T&C.
- The web page/App provides inter alia a combination of the following facilities to its visitors:
3.1 Qualification for various financial products;
3.2 Monitoring business transactions and credit history; and
3.3 Expense management.
5. We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between you and third parties.
6. CUSTOMER COMMUNICATIONS
- Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via the App. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
- You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address(es).
7. SYSTEM REQUIREMENTS
- In order to use the web App, you are required to have a compatible device and system configuration.
8. USER GUIDELINES
- The web page/App is made available to you for your own use alone. You shall not allow third parties to: (i) make and/or distribute copies of the page/App or any deliverable generated by the page/App; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the page/App; and/or (iii) create derivative works of the page/App.
- You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
- You shall request KODO, to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.
- You are responsible for any and all activities that occur in your Account. You agree to notify KODO immediately of any unauthorized use of the Account or any other breach of security. KODO shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform KODO, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
- You shall be liable for losses incurred by KODO or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and KODO.
- KODO shall make all reasonable efforts to ensure that your information is kept confidential. However, KODO shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
- You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and KODO shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
- You understand and acknowledge that upon using the web page/App, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the services and facilities available on the App, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
- You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the web page/App in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
- The terms of this provision will survive any termination or cancellation of these T&C or your use of the web page/App.
- The web page/App and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- KODO shall make reasonable efforts to make available the App and the functions and features at all times. However, we make no warranty that the App shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
- KODO shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of KODO, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
- Any material downloaded or otherwise obtained through the web page/App is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these T&C.
11. LIMITATION OF LIABILITY
Notwithstanding anything contained in these Terms:
- Under no circumstances shall Kodo and its bank and credit facility partners be liable to you for direct, indirect, incidental, consequential, special or exemplary damages arising from termination of the services provided under these Terms, even if Kodo and its bank and credit facility partners have been advised of the possibility of such damages, such as, but not limited to, loss of revenue or anticipated profits or lost business;
- Kodo and its bank and credit facility partners shall not have any liability whatsoever in case of any third party claims, demands, suit, actions, or other proceedings against you in the course of usage of the services provided under these Terms;
- Kodo and its bank and credit facility partners shall not be responsible for any inability to use the web page/app, provision of or failure to provide the functions and features, whether based on contract, Tort, negligence or otherwise.
- If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
- KODO may terminate the use of the Web page/App at any time after giving notice of termination to you.
- Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the web page/App.
- Any failure on the part of KODO to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by KODO of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
- You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C , without the prior written consent of KODO. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of KODO. Any assignment or transfer in violation of this clause will be deemed null and void.
16. INDEPENDENCE FROM PLATFORMS
- The Web page/App is independent of any platform on which it is located. The web page/App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
- Your download, installation, access to, or use of the web page/App is also bound by the terms and conditions of the Operator.
- You and KODO acknowledge that these T&C are concluded only between you and KODO, and not with an Operator, and KODO, not those Operators, are solely responsible for the web page/App and the content thereof to the extent specified in these T&C.
- KODO is solely responsible for providing any maintenance and support services with respect to the web page/App as required under applicable law. You and KODO acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the web page/App.
- You and KODO acknowledge that KODO, not the relevant Operator, is responsible for addressing any User claims or any third party claim relating to the web page/App or your possession and/or use of the page/App, including, but not limited to: (i) any claim that the web page/App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
- You and KODO agree that, in the event of any third party claim that the web page/App or your possession and use of the web page/App infringes that third party’s intellectual property rights, KODO and not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by KODO.
- You must comply with any applicable third party terms of agreement when using the web page/App (e.g. you must ensure that your use of the page/App is not in violation of your Device agreement or any wireless data service agreement).
- KODO reserves the right to update the platform, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time.
18. VALIDITY OF T&C
- These T&C shall remain valid and binding on you for so long as you access or use Kodo.
19. GOVERNING LAW AND JURISDICTION