- ACCEPTANCE OF USER AGREEMENT / ACCEPTANCE OF TERMS. This Agreement
is an electronic contract that sets out the legally binding terms of your use of
the Site and the Service. This Agreement may be modified by KontentCart from time
to time, such modifications to be effective upon posting by KontentCart on the Site.
becoming a Member, you accept this Agreement and agree to the terms, conditions
and notices contained or referenced herein. In addition, by accessing the Site or
becoming a Member, you consent to have this Agreement provided to you in electronic
- USE OF KONTENTCART PLATFORM. The Site is a platform for enabling
the connection between individuals seeking writing services ("Marketers") and individuals
providing writing services ("Creators"). KontentCart does not take part in the interaction
between Marketers and Creators except to collect payments on the behalf of Marketers
and Creators for venue services through the Site. Users do hereby represent, understand
and expressly agree that KontentCart does not have control over the quality, timing,
legality or any other aspect whatsoever of the services actually delivered by the
Creators, nor of the integrity, responsibility or any of the actions whatsoever
of the Marketers. KontentCart makes no representations about the suitability, reliability,
timeliness, and accuracy of the services provided by Creators or Marketers through
the Site whether in public, private or offline interactions. KontentCart liability
on fraudulent orders completed by Creators and approved by Marketers is limited
to the base level of pay for the word count at the level of job released, removing
all complexity and other price modifiers. KontentCart does not assume any responsibility
for the accuracy or reliability of any information provided by Creators or Marketers
on this Site. KontentCart does not assume and expressly disclaims any liability
that may result from the use of this information. KontentCart is not responsible
for the conduct, whether online or offline, of any user of the Site or Member of
the Service. All users including both Marketers and Creators do hereby expressly
agree not to hold KontentCart (or KontentCart' officers, directors, investors, subsidiaries,
agents, assignees, representatives, advertisers or employees) liable for any instruction,
advice or services delivered which originated through the Site and KontentCart expressly
disclaims any liability whatsoever for any damage, suits, claims, and/or controversies
that have arisen or may arise, whether known or unknown therefrom.
- ELIGIBILITY. By using the Site, you represent and warrant that
you have the right, authority and capacity to enter into this Agreement and to abide
by all of the terms and conditions of this Agreement. Our services are available
only to individuals and companies that can form legally binding contracts under
applicable law. Without limiting the foregoing, our services are not available to
minors under the age of eighteen (18) Any misstatements and/or misrepresentations
regarding the age, experience and/or eligibility are not the responsibility of KontentCart.
KontentCart does hereby disclaim any liability whatsoever for any misstatements
and/or misrepresentations made by any Creators and/or other users of this Site.
Users do hereby represent, understand and agree to hold KontentCart harmless for
any misstatements and/or misrepresentations made by any users of this Site. Misstatements
and/or misrepresentations are grounds for immediate termination of your use of the
- REGISTRATION. Marketers must make an initial deposit of $50 to
access the platform. All deposits are applied to orders for services. No additional
fees are applied for this service. There are no fees for Creators to register.
- RELEASE. Marketers may seek the services of a Creator through the
use of the Site and Creators may submit proposals to Marketers regarding their services.
Once a Marketer has accepted the terms of the service and payment from the Creator
and the Creator has accepted the terms of the payment from the Marketer, a binding
contract is formed between the Marketer and the Creator (collectively, "Orders").
If there are any issues concerning the service received by the Marketer or payment
due to the Creator, Marketers must deal directly with Creators and vice/versa to
resolve any disputes. KontentCart will not be held responsible and expressly disclaims
any liability whatsoever for any claims, demands or damages direct or indirect of
every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes. By using
this Site, you do hereby represent, understand, and expressly agree to hold KontentCart
harmless for any claim or controversy that may arise from any disputes between you
and any other user(s) of the Site. KontentCart will use its reasonable efforts to
monitor Creator and Marketer profiles, actions, comments, and general usage of the
Site and suspend privileges to any Marketer or Creator not adhering to the policies
of the Site. By using this Site, you do hereby agree to report any alleged improprieties
of any users therein to KontentCart immediately by notifying KontentCart of the
same via electronic correspondence.
- ACCOUNT SECURITY. Your account is for your sole, personal use,
you may not authorize others to use your account, and you may not assign or otherwise
transfer your account to any other person or entity.
- CONTENT AND LICENSE. You are responsible for providing accurate,
current and complete information in connection with your registration for use of
the Site. KontentCart is not responsible for any claims relating to any inaccurate,
untimely or incomplete information provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or
profiles (collectively, "Content") that you publish or display (hereinafter, "post")
on the Site, or transmit to other users of the Site. You will not post on the Site,
or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially offensive, or illegal
material, or any material that infringes or violates another party's rights (including,
but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to KontentCart
or to any other user of the Site. You will not solicit Creators to produce content
for academic purposes or for credit in an academic institution.
You understand and agree that KontentCart may review and delete any Content, in
each case in whole or in part, that in the sole judgment of KontentCart violates
this Agreement or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of users of the Site.
By posting Content to any public or member area of the Site you automatically grant,
and you represent and warrant that you have the right to grant, to KontentCart,
its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, reproduce, adapt,
modify and distribute such information and content and to prepare derivative works
of, or incorporate into other works, such information and content, and to grant
and authorize sublicenses of the foregoing. You further represent and warrant that
public posting and use of your Content by KontentCart will not infringe or violate
the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the
Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available
on the Site or through the Service, but not directly by KontentCart, are those of
their respective authors. Such authors are solely responsible for such content.
KontentCart does not:
- guarantee the accuracy, completeness, or usefulness of any information on the Site
or available through the Service, or
- adopt, endorse or accept responsibility for the accuracy or reliability of any opinion,
advice, or statement made by any party that appears on the Site or through the Service.
Under no circumstances will KontentCart or its affiliates be responsible for any
loss or damage resulting from your reliance on information or other content posted
on the Site or transmitted to or by any user of the Site or Service.
- CONFIDENTIAL INFORMATION.Creator agrees that, except as expressly
authorized in writing by Marketer, Creator
- will not use or permit the use of Confidential Information (as defined below) in
any manner or for any purpose not expressly set forth in these Terms;
- will not disclose or publish any Confidential Information to any third party without
first obtaining Marketer's express written consent on a case-by-case basis; and
- will limit access to Confidential Information to personnel who need to know such
information in connection with their work for Marketer.
"Confidential Information" means all information related to Marketer's business
and its actual or anticipated research and development or related to an Order delivered
or agreed to be delivered from Creator to Marketer, including without limitation
- trade secrets, inventions, ideas, processes, computer source and object code, formulae,
data, programs, other works of authorship, know-how, improvements, discoveries,
developments, designs, and techniques;
- information regarding products or plans for research and development, marketing
and business plans, budgets, financial statements, contracts, prices, suppliers,
and customers; and
- information designated by Marketer, in writing, as Confidential Information. Notwithstanding
the foregoing, it is understood that Creator is free to use information that is
generally known in the trade or industry, information that is not gained as a result
of a breach of these Terms, and Creator's own skill, knowledge, know-how, and experience.
Confidential Information shall not include information that was known to Creator
prior to Marketer's disclosure hereunder or that becomes publicly available through
no fault of Creator.
- CONTACT RESTRICTIONS. Members agree not to share contact information
or communicate outside of the KontentCart platform. Members agree that no correspondence,
message, order descriptions or communication will offer personal or professional
email addresses, phone numbers, first name and last name, links or references to
websites or any such information that would facilitate direct communication of Creators
and Marketers outside of the KontentCart platform. You agree that all communication
regarding orders, questions, correspondence and any such communication shall solely
use the KontentCart platform for such communication. Any violation of these restrictions
and terms may result in immediate termination of membership and may be subject to
damage claims for services performed outside of the KontentCart platform. You agree
to notify KontentCart with any alleged improprieties from any Member.
- ORDERS. Marketers agree to place orders using the navigational
features and instructions available on the site, including submission of specific
requirements, restrictions, terms, specification, topic selection and any additional
requirements. Marketers have no right or claim for incomplete orders or assignments
not picked up or not completed by a Creator. You may place direct orders to a Creator
or group of Creators you select. An order sent to a group of Creators is first-come,
first-serve, and may only be completed by a single Creator. Orders may not infringe
on the rights of any third party, in particular copyrights, moral rights, trademarks
or service marks. You many not submit orders that are pornographic, obscene, slanderous,
libelous or in any way degrading to human nature.
Marketer agrees to approve or reject each Order within 120 hours of email approval
notification. Failure to approve or reject an Order within 120 hours will irrevocably
deem the content approved by the Marketer and debit the Marketer's account balance
accordingly. Marketer agrees to document detailed reasons for rejection of any Order
submitted for approval. Marketer agrees to not use any content from a rejected Order
for any reason. Rejections will only be accepted if
- the content fails to deliver on the assignment requirements and terms of the original
- Marketer specifically describes why these specifications, requirements and/or terms
have not been met AND
- he Creator does not correct and/or improve the content according to the original
requirements and terms within 24 hours of request. Failure of the Creator to make
satisfaction within 24 hours will result in automatic rejection. You agree that
KontentCart has the final acceptance of content revision submitted for approval.
- CONTENT OWNERSHIP.Content created by Creators are works made for
hire. If a work is "made for hire", the Marketer, not the Creator, is considered
the legal author. The Creator may or may not be publicly credited for the work.
You shall maintain worldwide, perpetual, irrevocable, and transferable license for
any content that you approve on the platform. For such content, Creator grants and
licenses to the Marketer the sole and exclusive right to publish, perform, display,
reproduce, distribute, create derivative works and sell the delivered and approved
content in any type of media, including, but not limited to, print and/or online
media and all electronic, online, or any other media throughout the world.
- DISPUTE RESOLUTION. If there is any dispute arising from Orders
not completed to Marketer's specification, after unsuccessful revision requests,
Marketer expressly agrees that any such dispute shall be resolved by KontentCart.
Dispute resolution shall be administered within 2 working days and shall include
review of original order specification, revision requests and quality of work submitted
by Creator. Resolutions may include, but not be limited to, replacing the Creator
assigned to the order, editing the order to specification for no additional charge,
or canceling the order and restoring to the Marketer's account balance the funds
held for the Order.
- REFUNDS. Should you choose not to use the KontentCart service within
60 days of each deposit, you may request a full refund of that deposit. After 60
days of date of each deposit, you may not request a refund for that deposit, but
shall continue to maintain a balance for future Orders. For more details visit Cancellation
and Refund Policy.
- PRIVACY. KontentCart will only use the information you provide
- LINKS TO EXTERNAL SITES. Links from the Site to external sites
(including external sites that are framed by KontentCart) or inclusion of advertisements
do not constitute an endorsement by KontentCart of such sites or the content, products,
advertising and other materials presented on such sites or of the products and services
that are the subject of such advertisements, but are for users' reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate
the content and usefulness of the information obtained from other sites. KontentCart
does not control such sites, and is not responsible for their content. Just because
KontentCart has hyperlinks to such sites does not mean that KontentCart endorses
any of the material on such sites, or has any association with their operators.
Users further acknowledge that use of any site controlled, owned or operated by
third parties is governed by the terms and conditions of use for those sites, and
any liability derived from the use and/or viewing of links that may appear on this
Site. All users hereby agree to hold KontentCart harmless from any liability that
may result from the use of links that may appear on the Site.
- RULES AND CONDUCT. The Site and related services may not be used
by any person or organization to recruit, solicit, or contact in any form Marketers
or Creators for employment or contracting for a business not affiliated with KontentCart
without express written permission from KontentCart. Should KontentCart find that
you violated the terms of this paragraph or any terms stated herein, KontentCart
reserves the right, at its sole discretion, to immediately terminate your use of
the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual
or automatic manner, Creator or Marketer information, including but not limited
to, names, addresses, phone numbers, or email addresses, copying copyrighted text,
or otherwise mis-using or mis-appropriating site content, including but not limited
to, use on a "mirrored", competitive, or third party site.
Although KontentCart cannot monitor the conduct of its users off the Site, it is
also a violation of these rules to use any information obtained from the Site or
the Service in order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any user without their prior explicit consent.
In order to protect our users from such advertising or solicitation, we reserve
the right to restrict the number of emails which a user may send to other users
in any 24-hour period to a number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, KontentCart reserves
the right at any time in its sole discretion to block users from certain IP addresses
from accessing the Site.
- NO WARRANTY. The information and materials contained in this website,
including text, graphics, information, links or other items are provided "as is",
"as available". KONTENTCART DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS
OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR
OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED
OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
- LIMITATION OF LIABILITY. In no event will KontentCart be liable
for any damages, including without limitation direct or indirect, special, incidental,
or consequential damages, losses or expenses arising in connection with this Site,
any information received from the Site, any email distributed to any user or any
linked web site or use thereof or inability to use by any party, or in connection
with any failure of performance, error, omission, interruption, defect, delay in
operation or transmission, computer virus or line or system failure, even if KontentCart,
or representatives thereof, are advised of the possibility of such damages, losses
KontentCart is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical problems
or traffic congestion on the Internet or at any web site or combination thereof,
including injury or damage to users and/or Members or to any other person's computer
related to or resulting from participating or downloading materials in connection
with the Site and/or in connection with the Service. Under no circumstances will
KontentCart or any of its affiliates, advertisers, promoters or distribution partners
be responsible for any loss or damage, including personal injury or death, resulting
from anyone's use of the Site or the Service, any Content posted on the Site or
transmitted to Members, or any interactions between users of the Site, whether online
or offline. The Site and the Service are provided "AS-IS" and KONTENTCART EXPRESSLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
KontentCart cannot guarantee and does not promise any specific results from use
of the Site and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any
advice that may be posted on the Site is for informational purposes only and is
not intended to replace or substitute for any professional financial, medical, legal,
or other advice. KontentCart makes no representations or warranties and expressly
disclaims any and all liability concerning any treatment, action by, or effect on
any person following the information offered or provided within or through the Site.
If you have specific concerns or a situation arises in which you require professional
or medical advice, you should consult with an appropriately trained and qualified
- INDEMNIFICATION.. By agreeing to the terms of this Agreement, users
of the Site agree to indemnify, defend and hold harmless KontentCart, its directors,
officers, employees, agents, investors, licensors, attorneys, independent contractors,
providers, subsidiaries, and affiliates (collectively referred to herein as "KontentCart
and Affiliates") from and against any and all claim, loss, expense or demand of
liability, including attorneys' fees and costs incurred by KontentCart and Affiliates
in connection with any claim by a third party (including an intellectual property
claim) arising out of
- materials and content you submit, post or transmit through the Site, or
applicable law. Users further agree that they will cooperate as reasonably required
in the defense of such claims. KontentCart and Affiliates reserve the right, at
their own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by users, and users shall not, in any event, settle any
claim or matter without the written consent of KontentCart. Users further agree
to hold harmless KontentCart and Affiliates from any claim arising from a third
party's use of information or materials of any kind that users post to the Site.
- COPYRIGHT INFRINGEMENT. If you believe any materials accessible
on or from Site infringe your copyright, you may request removal of those materials
(or access thereto) from this Site by contacting KontentCart' copyright agent (identified
below) and providing the following information: Identification of the copyrighted
work that you believe to be infringed. Please describe the work, and where possible
include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location.
Please describe the material, and provide us with its URL or any other pertinent
information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address. A statement
that you have a good faith belief that the complained of use of the materials is
not authorized by the copyright owner, its agent, or the law. A statement that the
information that you have supplied is accurate, and indicating that "under penalty
of perjury," you are the copyright owner or are authorized to act on the copyright
A signature or the electronic equivalent from the copyright holder or authorized
representative. KontentCart's agent for copyright issues relating to this Site is
as follows: Copyright Agent Legal Department Kontent Café Pvt. Ltd. C-205 Phase
1 Naraina Industrial Area New Delhi – 110028 India In an effort to protect the rights
of copyright owners, KontentCart maintains a policy for the termination, in appropriate
circumstances, of Members and other users of this Site who are repeat infringers.
- NOTICE OF TRADEMARK RIGHTS. The service marks and trademarks KontentCart
and the KontentCart logo are service marks owned by KontentCart. Any other trademarks,
service marks, logos and/or trade names appearing on the Site are the property of
their respective owners. Users acknowledge the rights of KontentCart and the respective
third parties in those marks. Users may not copy or use any of these marks, logos
or trade names without the prior written permission of the owner as expressly allowed
- JURISDICTION AND CHOICE OF LAW. If there is any dispute arising
out of the Site and/or the Service, by using the Site, you expressly agree that
any such dispute shall be governed by the laws of the State of Delhi, without regard
to its conflict of law provisions, and you expressly agree and consent to the exclusive
jurisdiction and venue of the state and district courts of the State of Delhi, India,
for the resolution of any such dispute.
- MISCELLANEOUS. Nothing in this Agreement shall be construed as
making either party the partner, joint venturer, agent, legal representative, employer,
contractor or employee of the other. Neither party shall have, or hold itself out
to any third party as having, any authority to make any statements, representations
or commitments of any kind, or to take any action, that shall be binding on the
other, except as provided for herein or authorized in writing by the party to be
bound. This Agreement will be binding on and will inure to the benefit of the legal
representatives, successors and assigns of the parties hereto.
- CONTACT INFORMATION. If you have any questions or need further
information as to the Site or Service provided by KontentCart, or need to notify
KontentCart as to any matters relating to the Site or Service please contact KontentCart
at: Legal Department
Kontent Café Pvt. Ltd.