Terms of Use

Last updated: 25-September-2023

PLEASE CAREFULLY REVIEW THESE TERMS OF USE. THESE TERMS AND CONDITIONS MAY HAVE BEEN UPDATED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY ACCESSING OR UTILIZING THIS WEBSITE, YOU ("You") ARE EXPRESSING YOUR AGREEMENT TO THE TERMS AND CONDITIONS OUTLINED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, KINDLY REFRAIN FROM USING THIS WEBSITE OR ANY OF MAJIKEL'S SERVICES.

USER ELIGIBILITY

The website is provided by Majikel and is exclusively accessible to individuals and entities who have attained the age of legal majority and possess the legal capacity to enter into binding agreements as per applicable laws. If you do not meet these qualifications, you are prohibited from using the website.

SCOPE TERM OF USE

These Terms of Use shall govern and control your utilization of the Website, along with all associated applications, software, and services (collectively referred to as "Services") available via the Website, except in cases where such Services are the subject of distinct contractual agreements. Particular terms or contractual arrangements may pertain to the utilization of specific Services and other provisions extended to you through the Website ("Service Agreement(s)"). Any such Service Agreements shall be presented concurrently with the relevant Services or shall be referenced in conjunction therewith or via a linked resource.

You are expressly prohibited from engaging in the following activities without prior, lawful authorization from Majikel:
  • The collection of email addresses or any other form of contact information belonging to fellow users, through any means whatsoever.
  • The sale, distribution, or cross-selling of Services to any third party.
  • Facilitating multi-user access to the Services by sharing your password and user identification credentials.
  • The deployment of automated software, hardware, or any similar mechanism for accessing, navigating, or searching the website and/or mobile application.
  • The posting or transmission of any information on the website and/or mobile application, including unsanctioned or unsolicited advertising, promotional materials, or any other forms of unauthorized solicitation directed at fellow users, unless such actions fall within the purview of information explicitly permitted or required to be posted or transmitted under these Terms of Use, the Terms of Service (TOS), and/or Additional Agreements.
    • Failure to adhere to these stipulations may result actions such as denial of service,blacklisting on other using Majikel services ,legal actions.

    Modifications / Amendments

    We reserve the right, at our sole discretion and without the obligation to provide a rationale, to make alterations to the website, encompassing its visual presentation, structure, content (hereinafter referred to as "Content"), and the services offered through the website. Furthermore, we may modify these Terms of Use without prior notice. Any such modifications, as described in the preceding clause, shall become effective upon their publication on the website. By persisting in your use of the website subsequent to the publication of such modifications, you are deemed to have consented to and acknowledged these changes.

    License and Ownership

    The Website,Webapp,API services, and their respective modules are the copyrighted property of Majikel and various third-party providers and distributors. These platforms also contain materials protected by copyright and other intellectual property rights. Majikel expressly reserves all rights related to the Website,Webapp,API services and their content, except those specifically granted in the Terms of Service (TOS), additional agreements, and these Terms of Use. Any software available for download from the website and/or the mobile application ("Software") is copyrighted work either by Majikel or its third-party providers and distributors. Your use of such Software is governed by the terms specified in the end-user license agreement (if applicable), accompanying the Software ("License Agreement"). You may not install or use any Software accompanied by or including a License Agreement without first agreeing to the License Agreement's terms. Please note that all Software is the exclusive property of Majikel, protected by copyright laws and international treaty provisions. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. The brands "Majikel" and "Majikel.com," along with other Majikel graphics, logos, taglines, and service names, are Majikel's intellectual property. Unless explicitly permitted herein, these may not be used by any User or other individuals without the prior written consent of Majikel. All other trademarks that appear on the website and/or the mobile application and are not owned by Majikel belong to their respective owners, who may or may not be affiliated with, connected to, or sponsored by Majikel. You are permitted to use and display portions of the content available on the website and the mobile application (including text, graphics, software, audio and video files, and photos) ("Content") solely on your personal computer, mobile phone, tablet, or other similar personal devices for personal use. You may print copies of the Content and store it on your personal devices for personal use. Majikel grants you a limited, personal, non-exclusive, non-transferable license solely for such purposes. You are not permitted to alter or modify the Content in any way. The use, reproduction, republication, distribution, creation of derivative works, or any other form of use of the Content (or any part thereof) beyond what is explicitly allowed herein is strictly prohibited. You may not remove any copyright, trademark, or other intellectual property notices from any Content or from copies and/or printouts thereof, nor may you unlink the website and/or mobile application from any other location without our explicit written consent. You do not acquire any ownership rights to any Content. Unauthorized use of the Content will result in the termination of the permission or license granted herein. You may not transfer the Content to any other person without the prior written consent of the Majikel. You agree to adhere to all additional restrictions related to the Content displayed on the website , as may be updated from time to time. Notwithstanding the above, Majikel does not claim or guarantee any rights, including intellectual property rights, over the Content, including the right to authorize its use by users.

    Prohibited Activities

    You may not utilize or access the Services for any purpose other than the one for which we have provided them. The Services should not be employed in conjunction with any commercial activities unless they have received our explicit endorsement or approval.

    As a user of the Services, you agree not to:

  • Systematically retrieve data or any other content from the Services, directly or indirectly, to construct a collection, compilation, database, or directory without obtaining written permission from us.
  • Engage in deceptive practices,defraud, or mislead us or other users, especially in any attempt to acquire sensitive account information like user passwords.
  • Circumvent,disable, or otherwise disrupt security-related features of the Services, including those that prevent or restrict content usage, and enforcement of usage limitations on the Services and/or the content contained therein.
  • Disparage, tarnish, or otherwise cause harm, in our judgment, to us and/or the Services.
  • Use any information obtained from the Services to harass, abuse, or harm another individual.
  • Improperly use our support services or submit false reports of abuse or misconduct.
  • Utilize the Services in violation of applicable laws or regulations.
  • Engage in unauthorized framing or linking to the Services.
  • Upload or transmit (or attempt to do so) viruses, Trojan horses, or any other materials that interfere with others' use of the Services, including excessive use of capital letters and spamming (continuous posting of repetitive text), or that modify, impair, disrupt, alter, or interfere with the Services' use, features, functions, operation, or maintenance.
  • Employ any automated system, such as scripts for sending comments or messages, or use data mining, robots, or similar tools for data gathering and extraction.
  • Remove copyright or other proprietary rights notices from any Content. Attempt to impersonate another user or individual, or use another user's username.
  • Upload or transmit (or attempt to do so) any material that acts as an information collection or transmission mechanism, including, but not limited to, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
  • Interfere with, disrupt, or excessively burden the Services or the connected networks or services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you. Attempt to bypass any measures implemented in the Services to prevent or restrict access.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code, except as allowed by applicable law.
  • Decipher, decompile, disassemble, or reverse engineer any software component of the Services.
  • Use, launch, develop, or distribute any automated system, including without limitation spiders, robots, cheat utilities, scrapers, or offline readers that access the Services or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases through the Services.
  • Engage in unauthorized use of the Services, including collecting usernames or email addresses of users through electronic or other means for sending unsolicited emails or creating user accounts through automated methods or false pretenses.
  • Utilize the Services to compete with us or use the Services, Content, or any part thereof for revenue-generating purposes.
  • Use manual or automated software, devices, scripts, robots, backdoors, or other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services on the Site, Application, Services, or Collective Content.
  • Employ, display, mirror, or frame the Site, Application, Services, or Collective Content, Majikel's name, any Majikel trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application, or Services, without Majikel's express written consent

    • SOCIAL MEDIA

    As part of the Services' functionality, you can link your account to online accounts you have with third-party service providers (each referred to as a 'Third-Party Account') in either of the following ways: (1) by providing your login details for the Third-Party Account through the Services, or (2) by permitting us to access your Third-Party Account as allowed by the terms and conditions governing your use of that Third-Party Account. You affirm that you have the right to disclose your Third-Party Account login information to us and authorize us to access your Third-Party Account without violating any terms and conditions governing your use of the respective Third-Party Account. This action does not impose any fees on us or subject us to any usage limitations set by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, share, and store (if applicable) any content you have provided and stored in your Third-Party Account (referred to as 'Social Network Content') so that it can be accessible on and through the Services via your account, including, but not limited to, any friend lists, and (2) we may receive additional information from and submit information to your Third-Party Account to the extent you are notified when linking your account with the Third-Party Account. Depending on the Third-Party Accounts you select and subject to your privacy settings in such Third-Party Accounts, personally identifiable information you post to your Third-Party Accounts may be accessible on and through your Services account. Please be aware that if a Third-Party Account or associated service becomes unavailable or if our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be accessible on and through the Services. You will have the option to disconnect your Services account from your Third-Party Accounts at any time. IT IS IMPORTANT TO NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY SERVICE PROVIDERS. We do not make any effort to review Social Network Content for any purpose, including, but not limited to, verifying its accuracy, legality, or non-infringement, and we assume no responsibility for any Social Network Content. You acknowledge and agree that, for the sole purpose of identifying and informing you of contacts who have also registered to use the Services, we may access your email address book linked to a Third-Party Account and your contacts list stored on your mobile device or tablet computer. You can sever the connection between the Services and your Third-Party Account by reaching out to us using the contact information provided below or by adjusting your account settings if applicable. We will make an effort to remove any information obtained through such Third-Party Account stored on our servers, except for the username and profile picture associated with your account.

    Third-Party Websites & Content

    The Site may have links to other websites ("Third-Party Websites"), and it may provide access to content or items from third parties, including articles, photographs, text, graphics, music, videos, and software ("Third-Party Content"). Please note that we do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of these Third-Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites linked through the Site or any Third-Party Content posted on, accessible through, or downloaded from the Site. This includes considerations related to content, accuracy, offensiveness, opinions, reliability, privacy practices, and other policies of Third-Party Websites or Third-Party Content. The inclusion of links or the option to use or download Third-Party Websites or Third-Party Content does not indicate our approval or endorsement. If you choose to leave the Site to access Third-Party Websites or use/download Third-Party Content, you do so at your own risk. Please be aware that these Terms of Use no longer apply in such cases. It is advisable to review the relevant terms and policies, including privacy and data collection practices, of any website you visit from the Site or any applications you use or download from the Site. Any purchases made on Third-Party Websites are entirely between you and the respective third party, and we do not take any responsibility for such transactions. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you release us from any liability arising from your purchases of such products or services. Furthermore, you hold us harmless from any losses or harm you may incur in connection with or resulting from Third-Party Content or interactions with Third-Party Websites.

    Exclusions

    Your use of the Website and the mobile application is undertaken at your own risk. Everything available on the Website and the mobile application, including access to listings and information about any Suppliers, is provided to you on an "as is where is" basis and without any warranty, whether expressed or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You bear the entire risk for the results and performance achieved through the use of the Content. The Suppliers and other service providers listed on the Website or the mobile application are third parties who engage with Majikel as independent contractors, and they are not considered agents or employees of Majikel. Majikel is not responsible for the actions, errors, omissions, representations, warranties, breaches, or negligence of these third parties. Majikel is also not liable for any personal injuries, deaths, property damage, losses, or other expenses resulting from such interactions. The Website, the mobile application, and the Content contained therein may contain technical inaccuracies or typographical errors. Majikel makes no representations or warranties regarding the completeness or accuracy of the Content. There is no commitment from Majikel to update or rectify the Content featured on the Website and/or the mobile application. Majikel does not vouch for the suitability of the information, software, products, and services found on the Website and mobile application for any specific purpose. The inclusion or availability of any products or services on the Website and mobile application does not imply an endorsement or recommendation by Majikel. All such information, software, products, and services are provided on an "as is where is" basis without any warranties. Majikel disclaims all warranties, conditions, and liability related to this information (including, but not limited to, photographs, lists of amenities, and Supplier descriptions), software, products, and services. This disclaimer encompasses all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Information is provided with the understanding that individuals who receive it will independently assess its suitability for their purposes before use or decision-making.

    Limitation of Liability

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    Indemnity

    You consent to indemnify, defend, and shield Majikel, including its employees, attorneys, and agents, from any and all Losses that Majikel may encounter due to any violation or failure to fulfill any representation, warranty, covenant, or agreement you have made or are obligated to perform under these Terms of Use, TOS, and Additional Agreements. This also applies to any other liabilities arising from your subscription to or use of the Website and/or the Mobile application.

    Term and Termination

    These Terms of Use will remain in effect as long as you use any Service provided by Majikel, subject to the conditions outlined in this section. Majikel reserves the right to suspend or terminate your access to the Website and/or Mobile Application at its sole discretion, with or without notice. This suspension or termination may occur for various reasons, including, but not limited to: 1. Breach of these Terms of Use, TOS, or Additional Agreements, or engaging in unlawful or unethical activities. 2. Providing unverifiable or inauthentic information. 3. Actions that may infringe on the rights of third parties or create liability for Majikel or other users. Majikel also reserves the right to seek recovery of any outstanding amounts owed by you to Majikel or any Supplier, and take legal action if necessary. Upon suspension or termination, Majikel is not obligated to complete any unfinished tasks or forward unread or unsent messages. Any data you've stored on the Website and/or Mobile Application may not be retrievable after suspension or termination, and Majikel is not responsible for any resulting loss or damage. If you are indefinitely suspended or terminated, you may not re-register or use the Website and/or Mobile Application unless specifically permitted by Majikel.

    DISCLAIMER

    THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    Governing Law and Jurisdiction

    To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Kerala, India will have jurisdiction.

    Miscellaneous

    These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    Contact Us

    In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services,
    Please contact us at:

    MAJIKEL ENTERPRISES LLP
    TC 14/2608, CCIET- B-Hub
    Mar Ivanious VidyaNagar
    Nalanchira
    Thiruvanthapuram
    Kerala ,India
    Pincode:695015
    Phone:+ 91-7356731798
    Mail: support@majikel.com