Terms &
Conditions
Terms & Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our ‘Privacy Policy’, govern “XOHEB KHAN PRODUCTION” (hereinafter referred to as “Company”) relationship with you.
1. GENERAL
1.1.The term “XOHEB KHAN PRODUCTION” OR “Company” refers to the owner of the website which is a registered Partnership Firm and having its registered office at 1/37 , Third Floor, Street No 1, Krishna Nagar, Safdarjung Enclave, New Delhi- 110029. The term “you” and “your” refers to the user or viewer of our website by means of any communication device or electronic mode.
1.2.This user agreement (“User Agreement”) is an electronic record in terms of Information Technology Act, 2000 as amended from time to time (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Act. This user agreement is generated by a computer system and does not require any physical or digital signatures.
1.3.This user agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access and/or usage of this website/service (“Website/Service”).
2. ACCESSING
2.1.This is a legal and binding agreement between You i.e. the User of the Website and the Company and states the terms that govern Your use of the Website. By accessing this Website, You consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to these User Agreement, You should not access or use the Website and any use thereafter shall be unauthorized.
2.2.By accessing and/or using the Website, You signify Your agreement to accept these binding User Agreement herein. This document constitutes a legally binding user agreement between XKP and You. IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING USER AGREEMENT (INCLUDING THE PRIVACY POLICY), PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.
2.3.We reserve the right, at Our sole discretion, to change, modify or otherwise alter these User Agreement at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Website herein.
[Note: Please review the User Agreement from time-to-time. Your continued use of the Website following the posting of changes and/or modifications shall constitute Your acceptance of any revised Terms of Use. The Company retains the right at any time to deny or suspend access to all or part of the Website to anyone who the Company believes has violated any of these User Agreement.]
2.4.The Company grants You a personal, revocable, non–exclusive, non–transferable right to access and use the Website, for non–commercial use only and private viewing only, in accordance with these User Agreement. These User Agreement, govern Your access of the Website and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, micro film, video, information, content, etc. that You host, publish, share, transact, display and/or upload.
2.5.Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject to the Company’s sole discretion. The Company may at its sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access of the Website shall be in compliance with all applicable laws (as amended from time–to–time). You understand that Your access of the Website and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Website and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
3. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
3.1.“Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Company whether registered or unregistered and all renewals and extensions.
3.2.All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio–visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, and all other elements, data, information and materials (“Materials”) are the property of the Company and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the world. The Company retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
3.3.The Website including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial, rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
3.4.You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re–edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub–license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
4. CONTESTS AND PROMOTIONS
4.1.Any and all contests, promotions and campaigns hosted or conducted on the Website are subject to separate contest terms and conditions (“Contest T&Cs”) and You are requested to read the Contest T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest T&Cs. User Agreement are deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity
5. DISCLAIMER AND LIMITATION OF LIABILITY
5.1.BY ACCESSING AND/OR USING THE WEBSITE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL
THE WEBSITE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB- CONTRACTORS, CONSULTANTS AND THIRD–PARTY PROVIDERS:
(a) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, NON–INFRINGEMENT, COMPATIBILITY AND/OR SECURITY;
(b) ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE AND DO NOT WARRANT THAT THE WEBSITE, THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE OR ANY CONNECTED WEBSITES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;
(c) ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON; AND
(d) DO NOT WARRANT THAT THE WEBSITE, OR ANY CONNECTED WEBSITE, LINKED MICROSITES, ANY MATERIALS, THIRD–PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE
(i) EVERY EFFORT IS MADE TO KEEP THE WEBSITE RUNNING SMOOTHLY. HOWEVER, THE COMPANY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING UNAVAILABLE DUE TO ANY REASONS
(ii) THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE WEBSITE OR ANY CONNECTED WEBSITE RESTS SOLELY WITH YOU.
(iii) THE WEBSITE MAY CONTAIN LINKS TO OTHER THIRD–PARTY WEBSITES WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY. ANY WEBSITE YOU VISIT BY A LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE WEBSITE. THE CONTENT OF, INCLUDING MATERIALS AND INFORMATION CONTAINED ON, ANY THIRD PARTY WEBSITE TO WHICH YOU LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD PARTY WEBSITE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD PARTY LISTED IN THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD- PARTY CONTENT THAT MAY BE ACCESSED VIA THE WEBSITE, NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD PARTY WEBSITES, AND HEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR SUCH CONTENT. THE INCLUSION OF ANY LINKS DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD–PARTY, OF THE QUALITY OF ANY PRODUCT OR SERVICE, ADVICE, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD PARTY WEBSITE
(iv) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB–CONTRACTORS, CONSULTANTS AND THIRD–PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND/OR MATERIALS AND/OR USER MATERIAL AND/OR ANY CONNECTED THIRD PARTY WEBSITE INCLUDING WITHOUT LIMITATION:
(a) INDIRECT OR CONSEQUENTIAL LOSS;
(b) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
(c) INCIDENTAL, DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES;
(d) LOSS OF OR DAMAGE TO DATA;
(e) LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
(f) WASTED OR LOST MANAGEMENT TIME; EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
(v) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES’ LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
(vi) IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE WEBSITE.
6. INDEMNITY
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, CONSULTANTS AND THIRD–PARTY PROVIDERS FROM AND AGAINST ALL LOSSES, CLAIMS AND DAMAGES INCLUDING LEGAL FEES, RESULTING FROM: (I) YOUR VIOLATION OF ANY TERM OF THESE USER AGREEMENT; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY PUBLICITY, PRIVACY, OR INTELLECTUAL PROPERTY RIGHT; (IV) YOUR BREACH OF ANY APPLICABLE LAWS; (IV) ANY UNAUTHORIZED, IMPROPER, ILLEGAL OR WRONGFUL USE OF YOUR ACCOUNT BY ANY PERSON, INCLUDING A THIRD PARTY, WHETHER OR NOT AUTHORIZED OR PERMITTED BY YOU; AND (V) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR UNDERTAKING UNDER THESE USER AGREEMENT OR UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE EXPIRY OR TERMINATION OF THESE USER AGREEMENT AND YOUR USE OF THE WEBSITE.
7. THIRD PARTY WEBSITES
7.1.This Website may contain links to other websites owned and operated by third parties who are not related to the Company (“Third–‐Party Websites”). Third–Party Websites are not under the control of the Company and the Company shall not be responsible for the content of any Third–Party Websites or any hyperlink contained in a Third–Party Websites and makes no representation or warranty with respect to the content of any such Third–Party Websites
7.2.Your access and usage of any Third–Party Websites is entirely at Your own risk. The Company shall not be a party to any transaction between You and a Third–Party Website. Your use of a Third–Party Website is subject to the terms and conditions of that Third- -Party Websites in addition to these User Agreement. If there is any inconsistency these User Agreement prevail.
7.3.The Website may contain third party advertisements, promotions, etc. (that may or may not contain embedded hyperlinks or referral buttons to Third–Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser, its products or services or any such Third–Party Website. You must refer directly to the relevant advertiser for all information regarding the advertiser and its products and/or services. The Company accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.
8. NOTICE AND TAKE DOWN PROCESS
8.1.The Company does not endorse or promote any data, information, content or material published on the Website including User Material, and expressly disclaims any and all liability in connection with the same.
8.2.If it is found that the Website contains any data, information, content or material that could be in violation of any applicable provision of the Act or rules thereunder, the same may be notified to the Grievance officer and Partner of the Company Ms. Rose Alveena Anthony at ……………………………………. By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act, Information Technology (Intermediaries Guidelines) Rules, 2011, etc. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
8.3.The Company shall take–down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) would be committed if the said data, information, content or material is not deleted from the Website.
8.4.The Company further reserves the right (without the obligation of doing so) to take–down any data, information, content or material, without notice to User and without any liability either to the Company or its directors, key managerial personnel, officers, employees, that the Company in its sole discretion determines to be in violation of any applicable provision of the Act or rules thereunder.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Various countries may prohibit the hiring of foreign photographers and photography companies or not allow foreign photographers or photography companies entry into a particular country without proper authority. Your hiring of foreign photographers and photography companies is done entirely at your own risk.
10.SUPPORT
If You have any questions, queries or complaints with respect to the Website, then such correspondence should be directed to xohebkhanproduction@gmail.com or alternatively You can write to us on the below address: Saket Delhi.
11.TERMINATION
The Company reserves the right to terminate Your access to all or part of the Website, at its sole discretion, without notice and without liability either to the Company or its directors, key managerial personnel, officers, employees, either for convenience or for any reason, including in the event of suspected or actual breach by You of any of these User Agreement, the Privacy Policy, violation of any law including the Act and/or rules thereunder or any other regulation, or for any other reason that the Company deems fit.
