THE AGREEMENT: The use of this website and services on this website
provided by KVIO Ventures Private Limited (hereinafter referred to as
the “KVIO or Khadi”) (hereinafter referred to as "Owner") are subject to
the following Terms & Conditions (hereinafter the "Terms of
Service"), all parts and sub-parts of which are specifically
incorporated by reference here together with the Privacy Policy.
Following are the Terms pf Service governing your use of www.ekhadiindia.com (the "Website"), all pages on the Website and any
services provided by or on this Website ("Services").
By accessing
either directly or through a hyperlink, the Website, and/ or purchasing
something from us, you engage in our "Service" and agree to be bound by
the Terms of Service including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms
of Service apply to all users of the site, including without limitation
vendors, buyers, customers, merchants, browsers and/ or contributors of
content. You acknowledge and agree that the Website may use your
personal information in the manner described in our Privacy Policy which
sets forth how information collected about you is collected, used and
stored.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and publisher
of the Website, makes the Website, and certain Services on it,
available to users. KVIO Ventures Private Limited (hereinafter referred
to as the “KVIO or Khadi”), Owner, Us, We, Our, Ours and other
first-person pronouns will refer to the Owner, as well as all employees
and affiliates of the Owner.
b) You, the User, the Client: You, as
the user of the Website, will be referred to throughout these Terms of
Service with second-person pronouns such as You, Your, Yours, or as User
or Client. For the purpose of these Terms of Service, the term "User"
or "you" shall mean any natural or legal person who person is accessing
the Website. The term '"Your" shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these
Terms of Service and that You agree to be bound by it. If You do not
agree to be bound by these Terms of Service, please leave the Website
immediately. The Owner only agrees to provide use of this Website and
Services to You if You assent to these Terms of Service. Further, based
on the Services obtained by a User, additional terms and conditions in
respect of the specific Services may apply, which shall be deemed an
agreement between the Users and the Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or
any Services contained herein. By using this Website, You represent and
warrant that You are at least 18 years of age and may legally agree to
these Terms of Service. The Owner assumes no responsibility or liability
for any misrepresentation of Your age.
4) ABOUT THE SITE
The Website is an online store
which carries out sale of the following: Home, Mens, Womens, Beauty,
Essentials, Khadi Home Furnishing, Gifts, Leather, Wellness, Grocery
etc. We reserve the right to refuse service or refuse to sell the
products on the Website at our sole discretion to anyone for any reason
at any time.
The Website does not screen or censor the users who register on and
access the Website. You assume all risks associated with dealing with
other users with whom you come in contact through the Website. You agree
to use the Website only for lawful purposes without infringing the
rights or restricting the use of this Website by any third party.
5) LICENSE TO USE WEBSITE
The Owner may provide
You with certain information as a result of Your use of the Website or
Services. Such information may include, but is not limited to,
documentation, data, or information developed by the Owner, and other
materials which may assist in Your use of the Website or Services
("Owner Materials"). Subject to these Terms of Service, the Owner grants
You a non-exclusive, limited, non-transferable and revocable license to
use the Owner Materials solely in connection with Your use of the
Website and Services. The Owner Materials may not be used for any other
purpose and this license terminates upon Your cessation of use of the
Website or Services or at the termination of these Terms of Service.
You
agree not to collect contact information of other Users from the
Website or download or copy any information by means of unsolicited
access so as to communicate directly with them or for any reason
whatsoever.
Any unauthorized use by you shall terminate the permission
or license granted to you by the Website and You agree that you shall
not bypass any measures used by the Owner to prevent or restrict access
to the Website.
6) INTELLECTUAL PROPERTY
You agree that the
Website and all Services provided by the Owner are the property of the
Owner, including all copyrights, trademarks, trade secrets, patents and
other intellectual property ("Owner IP"). You agree that the Owner owns
all right, title and interest in and to the Owner IP and that You will
not use the Owner IP for any unlawful or infringing purpose. You agree
not to reproduce or distribute the Owner IP in any way, including
electronically or via registration of any new trademarks, trade names,
service marks or Uniform Resource Locators (URLs), without express
written permission from the Owner.
7) USER OBLIGATIONS
As a user of the Website or
Services, You may be asked to register with Us. When You do so, You will
choose a user identifier, which may be Your email address or another
term, as well as a password. You may also provide personal information,
including, but not limited to, Your name. You are responsible for
ensuring the accuracy of this information. This identifying information
will enable You to use the Website and Services. You must not share such
identifying information with any third party and if You discover that
Your identifying information has been compromised, You agree to notify
Us immediately in writing. Email notification will suffice. You are
responsible for maintaining the safety and security of Your identifying
information as well as keeping Us apprised of any changes to Your
identifying information. The billing information You provide us,
including credit card, billing address and other payment information, is
subject to the same confidentiality and accuracy requirements as the
rest of Your identifying information. Providing false or inaccurate
information, or using the Website or Services to further fraud or
unlawful activity is grounds for immediate termination of these Terms of
Service. The Owner reserves the right to refuse service, terminate
accounts, or remove or edit content in its sole discretion.
8) PAYMENT & FEES
Should You register for any
of the paid Services on this website or purchase any product or service
on this website, You agree to pay Us the specific monetary amounts
required for that product or those Services. These monetary amounts
("Fees") will be described to You during Your account registration
and/or confirmation process. The final amount required for payment will
be shown to You immediately prior to purchase. Payment for any on-going
Services is billed automatically until You notify Us that You would like
to terminate Your access to the Services.
We reserve the right to refuse service or refuse to sell the
products on the Website at our sole discretion to anyone for any reason
at any time.
9) ACCEPTABLE USE
You agree not to use the
Website or Services for any unlawful purpose or any purpose prohibited
under this clause. You agree not to use the Website or Services in any
way that could damage the Website, Services or general business of the
Owner.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Owner or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to infringe on any third party's intellectual property or
proprietary rights, or rights of publicity or privacy, whether knowingly
or unknowingly;
(d) to violate any local, federal or international law, statute, ordinance or regulation;
(e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information or any content which
is defamatory, libellous, threatening, unlawful, harassing, indecent,
abusive, obscene, or lewd and lascivious or pornographic, or exploits
minors in any way or assists in human trafficking or content that would
violate rights of publicity and/or privacy or that would violate any
law;
(g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website,
other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to damage, disable, overburden, or impair the Website or any other party's use of the Website;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet;
(l) to personally threaten or has the effect of personally
threatening other Users. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited
uses.
The Company has the full authority to review all content posted by
Users on the Website. You acknowledge that the Website is not
responsible or liable and does not control the content of any
information that may be posted to the Website by You or other User of
the Website and you are solely responsible for the same. You agree that
You shall not upload, post, or transmit any content that you do not have
a right to make available (such as, the intellectual property of
another party).
You agree to comply with all applicable laws, statutes and
regulations concerning your use of the Website and further agree that
you will not transmit any information, data, text, files, links,
software, chats, communication or other materials that is abusive,
invasive of another's privacy, harassing, defamatory, vulgar, obscene,
unlawful, false, misleading, harmful, threatening, hateful or racially
or otherwise objectionable, including without limitation material of any
kind or nature that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, provincial, national, or international law or
regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party's intellectual property or these
Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
10) COMMUNICATION
You understand that each time
use the Website in any manner, you agree to these Terms. By agreeing to
these Terms, you acknowledge that you are interested in availing and
purchasing the Services that you have selected and consent to receive
communications via phone or electronic records from the Website
including e-mail messages telling you about products and services
offered by the Website (or its affiliates and partners) and
understanding your requirements. Communication can also be by posting
any notices on the Website. You agree that the communications sent to
You by the Website shall not be construed as spam or bulk under any law
prevailing in any country where such communication is received.
11) SALE OF GOODS/SERVICES
The Owner may sell
goods or services or allow third parties to sell goods or services on
the Website. The Owner undertakes to be as accurate as possible with all
information regarding the goods and services, including product
descriptions and images. However, the Owner does not guarantee the
accuracy or reliability of any product information and You acknowledge
and agree that You purchase such products at Your own risk.
12) SHIPPING/DELIVERY/RETURN POLICY
You agree to
ensure payment for any items You may purchase from Us and You
acknowledge and affirm that prices are subject to change. When
purchasing a physical good, You agree to provide Us with a valid email
and shipping address, as well as valid billing information. We reserve
the right to reject or cancel an order for any reason, including errors
or omissions in the information You provide to us. If We do so after
payment has been processed, We will issue a refund to You in the amount
of the purchase price. We also may request additional information from
You prior to confirming a sale and We reserve the right to place any
additional restrictions on the sale of any of Our products. You agree to
ensure payment for any items You may purchase from Us and You
acknowledge and affirm that prices are subject to change. For the sale
of physical products, We may preauthorize Your credit or debit card at
the time You place the order or We may simply charge Your card upon
shipment. You agree to monitor Your method of payment. Shipment costs
and dates are subject to change from the costs and dates You are quoted
due to unforeseen circumstances. For any questions, concerns, or
disputes, You agree to contact Us in a timely manner at the following:
info@ekhadiindia.com.
If You are unhappy with anything You have purchased on Our Website, you may do the following:
Refund, Exchange and Return as per Policy mentioned on the website
Note:
In case of Refund: We will make the reimbursement using the same means
of payment as you used for the initial transaction, unless you have
expressly agreed otherwise; in any event, you will not incur any fees as
a result of the reimbursement.
13) REVERSE ENGINEERING & SECURITY
ou agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any
unauthorized access, circumvention of encryption or other security
tools, data mining or interference to any host, user or network.
14) DATA LOSS
The Owner does not accept
responsibility for the security of Your account or content. You agree
that Your use of the Website or Services is at Your own risk.
15) INDEMNIFICATION
You agree to defend and
indemnify the Owner and any of its affiliates (if applicable) and hold
Us harmless against any and all legal claims and demands, including
reasonable attorney's fees, which may arise from or relate to Your use
or misuse of the Website or Services, Your breach of these Terms of
Service, or Your conduct or actions. You agree that the Owner shall be
able to select its own legal counsel and may participate in its own
defence, if the Owner wishes.
16) SPAM POLICY
You are strictly prohibited from
using the Website or any of the Owner's Services for illegal spam
activities, including gathering email addresses and personal information
from others or sending any mass commercial emails
17) THIRD-PARTY LINKS & CONTENT
The Owner may
occasionally post links to third party websites or other services. You
agree that the Owner is not responsible or liable for any loss or damage
caused as a result of Your use of any third party services linked to
from Our Website.
18) MODIFICATION & VARIATION
The Owner may,
from time to time and at any time without notice to You, modify these
Terms of Service. You agree that the Owner has the right to modify these
Terms of Service or revise anything contained herein. You further agree
that all modifications to these Terms of Service are in full force and
effect immediately upon posting on the Website and that modifications or
variations will replace any prior version of these Terms of Service,
unless prior versions are specifically referred to or incorporated into
the latest modification or variation of these Terms of Service.
a) To
the extent any part or sub-part of these Terms of Service is held
ineffective or invalid by any court of law, You agree that the prior,
effective version of these Terms of Service shall be considered
enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and refer
to the Effective Date posted at the top of these Terms of Service to
note modifications or variations. You further agree to clear Your cache
when doing so to avoid accessing a prior version of these Terms of
Service. You agree that Your continued use of the Website after any
modifications to these Terms of Service is a manifestation of Your
continued assent to these Terms of Service.
c) In the event that You fail to monitor any modifications to or
variations of these Terms of Service, You agree that such failure shall
be considered an affirmative waiver of Your right to review the modified
Agreement.
19) ENTIRE AGREEMENT
This Agreement constitutes
the entire understanding between the Parties with respect to any and all
use of this Website. This Agreement supersedes and replaces all prior
or contemporaneous agreements or understandings, written or oral,
regarding the use of this Website.
20) SERVICE INTERRUPTIONS
The Owner may need to
interrupt Your access to the Website to perform maintenance or emergency
services on a scheduled or unscheduled basis. You agree that Your
access to the Website may be affected by unanticipated or unscheduled
downtime, for any reason, but that the Owner shall have no liability for
any damage or loss caused as a result of such downtime.
21) TERM, TERMINATION & SUSPENSION
The Owner
may terminate these Terms of Service with You at any time for any
reason, with or without cause. The Owner specifically reserves the right
to terminate these Terms of Service if You violate any of the terms
outlined herein, including, but not limited to, violating the
intellectual property rights of the Owner or a third party, failing to
comply with applicable laws or other legal obligations, and/or
publishing or distributing illegal material. If You have registered for
an account with Us, You may also terminate these Terms of Service at any
time by contacting Us and requesting termination. Please keep in mind
that any outstanding fees will still be due even after termination of
Your account. At the termination of these Terms of Service, any
provisions that would be expected to survive termination by their nature
shall remain in full force and effect.
22) NO WARRANTIES
You agree that Your use of the
Website and Services is at Your sole and exclusive risk and that any
Services provided by Us are on an "As Is" basis. The Owner hereby
expressly disclaims any and all express or implied warranties of any
kind, including, but not limited to the implied warranty of fitness for a
particular purpose and the implied warranty of merchantability. The
Owner makes no warranties that the Website or Services will meet Your
needs or that the Website or Services will be uninterrupted, error-free,
or secure. The Owner also makes no warranties as to the reliability or
accuracy of any information on the Website or obtained through the
Services. You agree that any damage that may occur to You, through Your
computer system, or as a result of loss of Your data from Your use of
the Website or Services is Your sole responsibility and that the Owner
is not liable for any such damage or loss.
All information, software, products, services and related graphics
are provided on this site is "as is" and "as available" basis with
without warranty of any kind, either expressed or implied. The Website
disclaims all warranties, expressed or implied including, without
limitation, all implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement or arising from a course
of dealing, usage, or trade practice. Company makes no representation
about the suitability of the information, software, products, and
services contained on this Website for any purpose, and the inclusion or
offering of any products or services on this Website does not
constitute any endorsement or recommendation of such products or
services.
The Website makes no warranty that the use of the Website will be
uninterrupted, timely, secure, without defect or error free. You
expressly agree that use of the site is at your own risk. The Website
shall not be responsible for any content found on the Website.
Your
use of any information or materials on this site or otherwise obtained
through use of this Website is entirely at your own risk, for which we
shall not be liable. It shall be your own responsibility to ensure that
any products, services or information available through this website
meet your specific requirements.
The Website assumes no
responsibility for the accuracy, currency, completeness or usefulness of
information, views, opinions or advice in any material contained on the
Website. Any information of third parties or advertisers is made
available without doing any changes and so the Website cannot guarantee
accuracy and is not liable to any inconsistencies arising thereof. All
postings, messages, advertisements, photos, sounds, images, text, files,
video or other materials posted on, transmitted through, or linked from
the Website, are solely the responsibility of the person from whom such
Content originated and the Website does not control, and is not
responsible for Content available on the Website.
There may be
instances when incorrect information is published inadvertently on our
Website or in the Service such as typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. Any
errors, inaccuracies or omissions, may be corrected at our discretion at
any time and we may change or update information or cancel orders if
any information in the Service or on any related website is inaccurate
at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service
or on any related website has been modified or updated.
The Website
shall not be responsible for any interaction between you and the other
users of the Website. Under no circumstances will the Website be liable
for any goods, services, resources or content available through such
third party dealings or communications, or for any harm related thereto.
The Website is under no obligation to become involved in any disputes
between you and other users of the Website or between you and any other
third parties. You agree to release the Website from any and all claims,
demands, and damages arising out of or in connection with such dispute.
You
agree and understand that while the Website has made reasonable efforts
to safeguard the Website, it cannot and does not ensure or make any
representations that the Website or any of the information provided by
You cannot be hacked by any unauthorised third parties. You specifically
agree that the Website shall not be responsible for unauthorized access
to or alteration of Your transmissions or data, any material or data
sent or received or not sent or received, or any transactions entered
into through the Website.
You hereby agree and confirm that the
Website shall not be held liable or responsible in any manner whatsoever
for such hacking or any loss or damages suffered by you due to
unauthorized access of the Website by third parties or for any such use
of the information provided by You or any spam messages or information
that You may receive from any such unauthorised third party (including
those which are although sent representing the name of the Website but
have not been authorized by the Website) which is in violation or
contravention of this Terms of Service or the Privacy Policy.
You
specifically agree that the Website is not responsible or liable for any
threatening, defamatory, obscene, offensive or illegal content or
conduct of any other party or any infringement of another's rights,
including intellectual property rights. You specifically agree that the
Website is not responsible for any content sent using and/or included in
the Website by any third party.
The Website has no liability and will make no refund in the event of
any delay, cancellation, strike, force majeure or other causes beyond
their direct control, and they have no responsibility for any additional
expense omissions delays or acts of any government or authority.
You will be solely responsible for any damages to your computer
system or loss of data that results from the download of any information
and/or material. Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply to
you.
In no event shall the Website be liable for any direct, indirect,
punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data
or profits, arising out of or in any way connected with the use or
performance of the site, with the delay or inability to use the site or
related services, the provision of or failure to provide Services, or to
deliver the products or for any information, software, products,
services and related graphics obtained through the site, or any
interaction between you and other participants of the Website or
otherwise arising out of the use of the Website, damages resulting from
use of or reliance on the information present, whether based on
contract, tort, negligence, strict liability or otherwise, even if the
Website or any of its affiliates/suppliers has been advised of the
possibility of damages. If, despite the limitation above, the Company is
found liable for any loss or damage which arises out of or in any way
connected with the use of the Website and/ or provision of Services,
then the liability of the Company will in no event exceed, 50% (Fifty
percent) of the amount you paid to the Company in connection with such
transaction(s) on this Website.
You accept all responsibility for, and hereby agree to indemnify and
hold harmless the company from and against, any actions taken by you or
by any person authorized to use your account, including without
limitation, disclosure of passwords to third parties. By using the
Website, you agree to defend, indemnify and hold harmless the
indemnified parties from any and all liability regarding your use of the
site or participation in any site's activities. If you are dissatisfied
with the Website, or the Services or any portion thereof, or do not
agree with these terms, your only recourse and exclusive remedy shall be
to stop using the site.
23) LIMITATION ON LIABILITY
The Owner is not
liable for any damages that may occur to You as a result of Your use of
the Website or Services, to the fullest extent permitted by law. The
maximum liability of the Owner arising from or relating to these Terms
of Service is limited to the lesser of Rs. 1000 (Rupees One Thousand
only) or the amount You paid to the Owner in the last six (6) months.
This section applies to any and all claims by You, including, but not
limited to, lost profits or revenues, consequential or punitive damages,
negligence, strict liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW:
Through Your use of the Website or Services, You agree that the laws of
the India shall govern any matter or dispute relating to or arising out
of these Terms of Service, as well as any dispute of any kind that may
arise between You and the Owner, with the exception of its conflict of
law provisions. In case any litigation specifically permitted under
these Terms of Service is initiated, the Parties agree to submit to the
exclusive jurisdiction of the courts at New Delhi, India. The Parties
agree that this choice of law, venue, and jurisdiction provision is not
permissive, but rather mandatory in nature. You hereby waive the right
to any objection of venue, including assertion of the doctrine of forum
non convenient or similar doctrine.
c) ASSIGNMENT: This Agreement, or the rights granted
hereunder, may not be assigned, sold, leased or otherwise transferred
in whole or part by You. Should these Terms of Service, or the rights
granted hereunder, by assigned, sold, leased or otherwise transferred by
the Owner, the rights and liabilities of the Owner will bind and inure
to any assignees, administrators, successors and executors.
d) SEVERABILITY: If any part or sub-part of these
Terms of Service is held invalid or unenforceable by a court of law or
competent arbitrator, the remaining parts and sub-parts will be enforced
to the maximum extent possible. In such condition, the remainder of
these Terms of Service shall continue in full force.
e) NO WAIVER: In the event that We fail to enforce
any provision of these Terms of Service, this shall not constitute a
waiver of any future enforcement of that provision or of any other
provision. Waiver of any part or sub-part of these Terms of Service will
not constitute a waiver of any other part or sub-part.
f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts
and sub-parts under these Terms of Service are for convenience and
organization, only. Headings shall not affect the meaning of any
provisions of these Terms of Service.
g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No
agency, partnership, or joint venture has been created between the
Parties as a result of these Terms of Service. No Party has any
authority to bind the other to third parties
No agency, partnership, or joint venture has been
created between the Parties as a result of these Terms of Service. No
Party has any authority to bind the other to third parties.
h) FORCE MAJEURE: The Owner is not liable for any
failure to perform due to causes beyond its reasonable control
including, but not limited to, acts of God, acts of civil authorities,
acts of military authorities, riots, embargoes, acts of nature and
natural disasters, and other acts which may be due to unforeseen
circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic
communications are permitted to both Parties under these Terms of
Service, including e-mail or fax. For any questions or concerns, please
email Us at the following address: support@ekhadiindia.com.