LEGAL ACCEPTANCE AND BINDING AGREEMENT
This Terms and Conditions of Service and Website Use Agreement constitutes a comprehensive, legally binding contractual agreement by and between KARE – BUSINESS CONSULTANTS & CREATIVE WORKS, along with its parent companies, subsidiaries, affiliates, successors, and assigns, hereinafter collectively referred to as the “Company,” “we,” “us,” or “our,” governing the absolute access to, browsing of, registration with, and use of the website kadvtg.com, hereinafter referred to as the “Website,” as well as any associated services, applications, software, tools, portals, and deliverables, including but not limited to business consultancy, corporate strategy, digital marketing, advertising campaigns, creative design, search engine optimization, content creation, promotional activities, and branding solutions, hereinafter collectively referred to as the “Services,” provided to any individual, entity, corporate body, or authorized representative accessing or utilizing the same, hereinafter referred to as the “Client,” “User,” “you,” or “your.” By accessing, browsing, creating an account, transmitting data, purchasing, or otherwise utilizing any portion of the Website or the Services, you explicitly acknowledge, represent, and warrant that you have read, meticulously understood, and agreed to be unconditionally bound by the entirety of this Agreement, our Privacy Policy, Cookie Policy, and any supplemental terms, invoices, or Service Level Agreements incorporated herein by reference. If you do not agree to or accept every legal provision contained within this Agreement, you are strictly, completely, and legally prohibited from utilizing the Website or any of the Services, and you must cease all access, viewing, and interaction immediately.
MULTI-JURISDICTIONAL AND GLOBAL COMPLIANCE
The Company operates as a global entity providing cross-border digital and consultative services across multiple jurisdictions worldwide. You are solely and exclusively responsible for ensuring that your access to and use of the Website and Services complies with all local, state, national, regional, and international laws, statutes, directives, ordinances, and regulations applicable to you, including but not limited to the General Data Protection Regulation in the European Union, the California Consumer Privacy Act and California Privacy Rights Act in the United States, the Information Technology Act of India, and all relevant consumer protection, electronic commerce, cross-border data transfer, anti-spam, and data privacy legislation globally. Access to the Website or Services from territories where the content or services are illegal is strictly prohibited, and you execute such access entirely at your own legal peril.
MINIMUM AGE AND LEGAL CAPACITY REQUIREMENTS
You explicitly warrant and represent that you possess the full legal capacity, right, mental competence, and corporate or personal authority to enter into this binding legal Agreement. If you are entering into this Agreement on behalf of a corporation, partnership, limited liability company, or other recognized legal entity, you represent and warrant that you possess the explicit legal authority to bind such entity to these terms, and that the entity shall be held fully liable for any breach hereof. You further represent and warrant that you are at least eighteen years of age, or have reached the legal age of majority in your specific country, state, or province of residence, whichever age is higher, and are fully capable of forming a binding contract under all applicable global laws.
WEBSITE ACCESSIBILITY, USER ACCOUNTS, AND SECURITY
To access certain features of the Website or to utilize specific Services, you may be required to register a user account and provide accurate, current, complete, and truthful information as prompted by our registration mechanisms. You are entirely and solely responsible for maintaining the strict confidentiality of your account credentials, usernames, passwords, and API keys, and you assume full liability for any and all activities, actions, and transactions that occur under your account, whether authorized by you or not. You agree to immediately notify the Company of any unauthorized use of your account, security breach, or suspected compromise of your credentials. The Company shall not be liable for any losses, damages, or liabilities caused by an unauthorized party accessing your account, and you may be held liable for any losses incurred by the Company or third parties due to such unauthorized access. We reserve the absolute right to terminate, suspend, or refuse access to your account at our sole discretion, without notice or liability, for any reason, including but not limited to extended inactivity or violation of these terms.
SCOPE OF CONTRACTUAL SERVICES AND PROJECT MODIFICATIONS
The Company provides highly specialized business consultancy, creative design, digital marketing, conceptualization, and multi-channel promotional services. The precise deliverables, timelines, milestones, technical configurations, and financial obligations for any custom project shall be outlined in a separate Statement of Work, invoice, or service proposal, which shall be governed concurrently by the overarching terms of this Agreement. The Company reserves the absolute, unilateral, and unrestricted right to modify, amend, update, suspend, restrict, or terminate the Website, the Services, or any portion thereof, at any time, with or without prior notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, price alteration, suspension, delay, or discontinuance of the Website or the Services.
PROHIBITED USE OF THE WEBSITE AND SERVICES
You are strictly prohibited from utilizing the Website or Services for any unlawful, fraudulent, malicious, or unauthorized purpose. Prohibited activities include, without limitation, attempting to interfere with, disrupt, disable, or compromise the integrity, security, or proper working of the Website, its servers, or hosting networks; introducing malicious code, viruses, worms, Trojan horses, logic bombs, or ransomware; scaling, scraping, harvesting, or extracting data from the Website via automated bots, scripts, spiders, or indexers without explicit written permission; using the Services to transmit, host, display, or promote defamatory, obscene, pornographic, harassing, hate-filled, deceptive, or otherwise objectionable material; violating the intellectual property, privacy, or publicity rights of any third party; and engaging in any conduct that restricts or inhibits any other user from enjoying or utilizing the Website or Services.
ABSOLUTE WARRANTY DISCLAIMERS AND “AS-IS” PROVISIONS
The Website, the Services, all creative designs, consultancy strategies, ad copy, web code, marketing layouts, promotions, campaigns, software, and analytical tools are provided strictly on an “as-is” and “as-available” basis, without warranties of any kind, either express, implied, statutory, or otherwise. To the maximum extent permitted under applicable global laws, the Company explicitly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, completeness, accuracy, system integration, reliability, timeliness, or uninterrupted, error-free performance. The Company does not warrant that the Website will remain secure, free of vulnerabilities, or constantly available, or that defects will be corrected immediately.
TOTAL DISCLAIMER OF PERFORMANCE RESULTS AND MARKET DYNAMICS
The Client acknowledges and agrees that business consultancy, advertising, creative design, and marketing campaigns are inherently speculative ventures dependent on highly volatile market forces, shifting consumer behaviors, unpredictable economic climates, and third-party algorithmic platforms, including search engine algorithms and social media advertising network policies, which are entirely beyond the control of the Company. The Company makes no representations, guarantees, or warranties, express or implied, that the Services will result in any specific profit, revenue increase, business growth, lead generation, search engine ranking milestone, conversion rate, brand awareness, or successful commercial outcome. Any case studies, historical examples, or projections provided by the Company are strictly for illustrative purposes and do not constitute a guarantee of future performance.
ADVERSE, REVERSE, OR COUNTER-PRODUCTIVE EFFECTS OF CAMPAIGNS
The Client explicitly, voluntarily, and irrevocably assumes all financial, legal, and operational risks associated with the deployment, execution, public dissemination, and publication of any marketing, advertising, consultancy advice, design, branding, or promotional campaign provided by the Company. The Company shall not be held liable, financially, reputationally, or otherwise, if a campaign, consultancy advice, or creative design results in negative public reception, loss of business reputation, viral backlash, client attrition, account suspensions or bans on third-party advertising platforms, financial loss, corporate litigation, brand dilution, or any other adverse, reverse, or counter-productive effects. It is the sole, ultimate, and non-delegable responsibility of the Client to review, vet, test, legally verify, approve, and continuously monitor all marketing strategies, designs, and materials prior to and during public release.
OPERATIONAL MISHAPS, PLACEMENT ERRORS, OMISSIONS, DEFECTS, AND CONSEQUENTIAL LOSSES ACROSS ALL MEDIA VEHICLES AND SERVICES
The Client explicitly acknowledges and agrees that the Company operates across a vast, multi-channel marketing, advertising, consultancy, and creative landscape, and hereby stipulates that the Company shall not be held legally, contractually, or financially liable under any circumstances for any operational, technical, mechanical, typographical, algorithmic, distribution, or execution errors occurring across any and all media vehicles, marketing channels, and services offered by the Company, including but not limited to physical print media, digital platforms, programmatic advertising networks, social media channels, search engines, broadcast media, television, radio, outdoor signage, billboards, transit media, direct mail, event marketing, public relations distributions, corporate branding assets, website developments, packaging designs, or specialized business consultancy frameworks.
This absolute limitation of liability extends, without limitation, to complete non-printing, total omission of advertisements or marketing materials, misprinting, incorrect coloration, resolution drops, layout distortions, font errors, grammatical mistakes, audio or video synchronization failures, data transmission lags, improper ad serving, dead hyperlinks, search engine optimization algorithmic drops, social media account restrictions, or the deployment, rendering, and placement of any advertisement, campaign asset, marketing collateral, or promotional material in a position, section, website page, application interface, physical location, broadcast time slot, demographic target group, or orientation other than what was originally agreed upon, scheduled, or intended.
The Client explicitly recognizes that third-party media vendors, publishers, printers, distribution networks, and digital platforms possess their own independent operational variables and technical guidelines, and the Company assumes zero liability for any deviations, delays, or failures caused by such third-party infrastructure.
In the event of any such misprint, omission, positioning error, scheduling failure, technical glitch, or defective consultancy execution, the Client explicitly, voluntarily, and permanently waives any right to claim punitive, incidental, exemplary, special, or consequential damages against the Company, including but not limited to loss of business opportunities, wasted third-party media or ad spend, lost corporate revenues, anticipated profits, data loss, contractual penalties imposed on the Client by other entities, or severe damage to corporate and personal brand reputation.
The Client’s sole, exclusive, and maximum remedy for any non-printing, misprinting, positioning error, broadcast omission, deployment failure, or service defect recognized, investigated, and validated in writing by the Company shall be limited entirely, at the absolute, unilateral, and non-negotiable discretion of the Company, to either a corrective re-run of the advertisement or campaign asset in a subsequent cycle, a manual repositioning of the digital or physical asset within a reasonable timeframe, a remedial adjustment to the specific consultancy deliverable, or a pro-rata service credit or monetary refund strictly capped at the direct, individual amount paid by the Client to the Company specifically for the isolated, affected portion of the service or placement, thereby completely discharging the Company, its affiliates, employees, and subcontractors from any further legal liability, class action claim, or regulatory recourse globally.
STRICT LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law in any jurisdiction worldwide, under no circumstances and under no legal theory, whether in contract, tort, strict liability, negligence, or otherwise, shall the Company, its directors, officers, employees, shareholders, parents, subsidiaries, affiliates, agents, independent contractors, or licensors be liable to the Client or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to damages for loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, legal fees, regulatory fines, structural costs, or any other commercial damages or losses, arising out of or in connection with the use of, or inability to use, the Website or Services, even if the Company has been specifically advised of the possibility of such damages.
LIABILITY CAP AND EXCLUSIVE REMEDY
In the event that the Company is found legally liable by a court of competent jurisdiction notwithstanding the comprehensive disclaimers set forth throughout this Agreement, the total, aggregate, cumulative liability of the Company for any and all claims, damages, losses, judgments, or causes of action arising under or related to this Agreement, the Website, or the Services shall be strictly limited to, and shall not exceed, the total amount of fees actually paid by the Client to the Company during the three-month period immediately preceding the specific event giving rise to the liability. This limitation of liability is an essential element of the bargain between the parties, and the fees charged for the Services reflect this allocation of risk.
CLIENT RESPONSIBILITIES AND CONTENT LEGALITY
The Client assumes full, exclusive, and unresolvable responsibility for the legality, accuracy, and truthfulness of all data, text, graphics, logos, slogans, trademarks, product specifications, and other materials provided to the Company for integration into the Services. The Client warrants that all business operations, products, and services promoted through the Company’s campaigns comply fully with all applicable local, national, and international laws, consumer protection statutes, advertising standards, health and safety codes, and industry-specific regulations. The Company reserves the right, but has no obligation, to monitor, review, or refuse to post any content supplied by the Client that it deems to be in violation of law or corporate ethics.
THIRD-PARTY INTELLECTUAL PROPERTY INDEMNIFICATION
The Client represents and warrants that it owns or possesses all necessary licenses, rights, clearances, consents, and permissions to utilize any assets, intellectual property, images, fonts, music, videos, or data provided to the Company for project execution. The Company shall not be responsible for verifying the intellectual property rights or ownership of assets provided by the Client, and the Client shall bear sole legal liability for any third-party copyright, trademark, patent, right of publicity, or trade secret infringement claims resulting from the deployment, modification, or use of Client-supplied materials.
COMPANY PROPRIETARY RIGHTS AND WEBSITE INTELLECTUAL PROPERTY
The Website, its underlying software code, source code, object code, databases, user interface designs, visual layouts, text, graphics, artwork, proprietary methodologies, consultative frameworks, strategy documents, corporate logos, and all intellectual property rights therein are and shall remain the sole and exclusive property of the Company or its licensors. No license, title, ownership interest, or transfer of rights is granted or conveyed to the User or Client under this Agreement, except for the limited, revocable right to view and navigate the Website in accordance with these terms.
OWNERSHIP OF PROJECT DELIVERABLES AND CONDITIONAL RELEASE
Unless otherwise explicitly agreed upon in a formal, signed Statement of Work, all creative designs, marketing assets, custom code, copy, and consultancy reports developed specifically for the Client shall remain the property of the Company until all outstanding invoices, fees, interest, and operational costs due to the Company are paid in full by the Client. Upon receipt of full, final, and cleared payment, the Company grants the Client a non-exclusive, non-transferable, worldwide license to utilize the finalized deliverables solely for their intended commercial business purposes. The Company explicitly retains the permanent, royalty-free right to display the finalized deliverables, campaign results, and associated brand logos within its corporate portfolio, case studies, website galleries, and marketing materials for promotional purposes.
THIRD-PARTY LINKS, SERVICES, AND ADVERTISEMENTS
The Website and Services may contain links, references, or API integrations to third-party websites, platforms, software applications, vendors, or advertisements. The Company does not monitor, control, endorse, or assume any responsibility for the content, privacy policies, practices, terms of use, or reliability of any third-party websites or services. Your interactions with, transactions with, or reliance on third-party providers are strictly between you and the respective third party, and the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
INDEMNIFICATION OF THE COMPANY
The Client and User agree to fully indemnify, defend, and hold harmless the Company, its parent entities, subsidiaries, affiliates, officers, directors, employees, agents, co-branders, partners, and contractors from and against any and all claims, demands, liabilities, damages, losses, regulatory penalties, fines, judgments, settlements, costs, and expenses, including but not limited to reasonable legal fees and court costs, arising out of, resulting from, or in any way connected with your breach of any provision, warranty, or representation contained in this Agreement; your use, misuse, or unauthorized access of the Website or Services; the publication, deployment, or dissemination of any advertisement, campaign, marketing material, design, or consultancy strategy approved or ordered by you; any violation of third-party intellectual property rights, data privacy rights, or consumer protection laws caused by your materials; or your negligent, fraudulent, or willfully wrongful conduct.
FEES, BILLING PROTOCOLS, AND LATE FEES
All prices, fees, subscriptions, and rates for the Services are specified in the applicable invoices, order forms, or online checkout portals. The Client agrees to pay all fees in accordance with the billing terms in effect at the time the fee becomes due. Late payments shall accrue interest at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower, calculated daily from the due date until paid in full. The Company reserves the right, without any form of liability, to immediately suspend or permanently terminate all active Services, live campaign management, consulting schedules, website hosting, and access to deliverables in the event that the Client fails to clear any outstanding financial obligations.
ABSOLUTE CANCELLATION AND NON-REFUNDABILITY POLICY
All payments made to the Company for services rendered, consulting hours consumed, campaign configurations, strategy formulations, ad campaign setups, digital media buying, or creative design phases are strictly and irrevocably non-refundable, irrespective of the performance, outcomes, or adverse effects of the campaigns. Cancellations of ongoing or subscription services must be submitted in strict writing according to the timeline specified in your Statement of Work, and the Client remains fully liable for all fees accrued up to the effective date of termination, as well as any non-cancelable third-party commitments made by the Company on behalf of the Client.
CHOICE OF LAW AND JURISDICTION
This Agreement, and all claims, disputes, controversies, or causes of action, whether contractual or extra-contractual, arising out of or relating to this Agreement, the Website, or the Services, shall be governed by, construed, and enforced in accordance with the substantive laws of the country where KARE – BUSINESS CONSULTANTS & CREATIVE WORKS maintains its principal place of business, without regard to conflict of law principles that would mandate the application of the laws of any other jurisdiction. Both parties submit to the exclusive personal jurisdiction and venue of the courts located within the Company’s primary corporate domicile.
MANDATORY ARBITRATION AND DISPUTE RESOLUTION PROTOCOL
Prior to initiating any formal legal proceedings, the parties agree to negotiate in good faith to resolve any dispute, controversy, or claim amicably. If the dispute cannot be resolved informally within thirty days of written notice, it shall be referred to and finally resolved by binding arbitration under the rules of the internationally recognized arbitration body within the Company’s primary jurisdiction. The seat of the arbitration shall be determined solely by the Company, the language of the proceedings shall be English, and the arbitration award shall be final, binding, and non-appealable upon both parties, and may be entered in any court having jurisdiction thereof.
WAIVER OF CLASS ACTIONS AND JURY TRIALS
To the fullest extent permitted by applicable law globally, all dispute resolution proceedings, whether in arbitration or a court of law, shall be conducted solely on an individual basis and not in a class, consolidated, representative, or collective action. The Client and User explicitly waive any right to participate as a class representative, class action member, or private attorney general in any lawsuit or arbitration proceeding brought against the Company, its affiliates, or employees.
SEVERABILITY OF PROVISIONS
If any provision, heading, clause, or term of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original economic and legal intent, and the remaining provisions of this Agreement shall remain entirely unimpaired and continue in full force and effect.
ENTIRE AGREEMENT AND INTEGRATION
This Agreement, together with the Privacy Policy, Cookie Policy, and any referenced invoices, order forms, or custom Statements of Work, constitutes the entire, final, and exclusive legal agreement between the parties regarding the subject matter hereof, and completely supersedes, replaces, and merges all prior or contemporaneous understandings, negotiations, representations, marketing materials, oral agreements, or written communications between the parties. No modification or waiver of this Agreement shall be binding unless executed in explicit writing by an authorized corporate officer of the Company.
AMENDMENTS, REVISIONS, AND UPDATES
The Company reserves the absolute, unilateral right to amend, update, alter, or revise this Agreement at any time to ensure compliance with changing global laws, technological shifts, or evolving operational structures. All modifications shall be effective immediately upon posting the updated text to the Website. Your continued use of the Website or Services following the publication of any revised Agreement constitutes your explicit, irrevocable, and binding acceptance of the updated terms. It is your responsibility to review this page periodically for updates.
FORCE MAJEURE
The Company shall not be liable for any failure, delay, or interruption in the performance of its obligations or the availability of the Website and Services due to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, internet service provider failures, widespread cyberattacks, telecommunications outages, pandemics, government mandates, lockouts, or shortage of transportation, facilities, fuel, energy, labor, or materials, or any other cause beyond its reasonable control.