TERMS OF SERVICE
This legal document is an electronic record under the Information Technology Act, 2000 and the rules thereunder (as applicable and amended from time to time) . This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of http://www.kimkrafts.in and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your visit, access or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with Kim Krafts Pvt. Ltd. having its registered office at 668 Ghitorni, Mehrauli-Gurgaon Road, New Delhi, Delhi-110030, hereinafter referred to as "the Company", “Kim’s”, “we”, “us” or “our”, which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require “You” shall mean any natural or legal person, who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website; or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression “You” shall, unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.
Amendments to the User Agreement:
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right at Our sole discretion to update, change, modify or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Further, by impliedly or expressly accepting this Agreement, You also accept and agree to be bound by our Terms as provided from time to time.
SECTION 1 - ONLINE STORE TERMS
Use of the Website is permitted only to persons who are above the age of 18 (eighteen) years and are “competent to contract” under the Indian Contract Act, 1872 and any other applicable law for this purpose.
By agreeing to these Terms, you represent that you are at least the age of majority in your state, or that you are the age of majority in your state and have given us your consent to allow any of your minor dependents to use this site. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. The Company reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to the Company's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service or Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website while visiting or accessing the Website, including accessing the Website through a third party site. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without providing any notice or being liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, at any time.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website, and may have limited quantities, which are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at Our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, including orders made through our Website or e-store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with the option to access third-party tools that we neither monitor nor have any control over nor input towards.
You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall bear no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources), which shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties and third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and ensure that you understand them before you engage in any transaction with such third party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Further, Our store is hosted on Magento. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
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, applicable laws or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to 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.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose in contravention of provisions of applicable law;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(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;
(g) to upload or transmit viruses, trojan horses, malicious code, or any other type of malware 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 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.
Please note that in accordance with the Information Technology Act, 2000 and the rules thereunder, including the Information Technology (Intermediaries Guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and / or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Company against You either in this User Agreement or any policy contained herein, or in any applicable law or under torts.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant, either impliedly or expressly, that your use of our Service and Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service and this Website is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided on an 'as is' and 'as available' basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kim’s, owned by Kim Krafts Pvt. Ltd., including its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, not limited to any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Further, all items purchased from Kim’s are pursuant to an underlying shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kim’s and our parent, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, demands, costs, expenses, proceedings including reasonable attorneys’ fees, arising from or in connection with your use of the service or this Website, Your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of India, under the exclusive jurisdiction of the courts at Delhi, without regard to principles of conflict of laws
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from the Website, as part of the buying and selling process, and in order for us to perform our services, we collect the personal information you give us such as your name, address, [phone numbers] and email address as well as your account information, including your password, details about your purchases and details about your interactions with us.
When you browse the Website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your consent and permission, we may send you emails about the Website, new products and other updates.
Kim’s may use this information to undertake and perform its legal obligations, as a part of providing its service to you, including to:
process your financial transactions and service your order;
respond to customer service requests, and address questions and concerns in connection with our service;
administer your account;
provide requested product or service information;
notify you about special offers and services of and selected third parties;
administer promotions and notify you of important events;
investigate, prevent or take action regarding illegal activities and / or violations of our Terms;
meet our research and product/service development needs and to improve our Website, services and offerings; and / or
customize your experience, including targeting our services and offerings to you.
SECTION 2 - CONSENT
How do you get my consent?
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no and opt out.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, or for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com or mailing us at: Kim’s, 668 Ghitorni, Mehrauli-Gurgaon Road, New Delhi, Delhi-110030.
Further, we will still send you service-related announcements which are transactional in nature, including, but not limited to, a registration email, order related notifications and emails automatically triggered by actions you took on the Website. Generally, you may not opt-out of these communications, which are not promotional in nature and are transactional in nature.
How do I update the personal information shared?
You have the right to access and correct, or delete your personal information and privacy preferences at any time. This may be accomplished by clicking on the link, "My Account", where you can view and make changes to most of your personal information immediately. For security purposes, certain types of personal information may only be changed or modified by contacting support. We will respond to your request promptly within a reasonable time.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms. In accordance with applicable law, Kim’s maybe required to disclose personal information in response to lawful requests by public authorities, such as, to comply with a warrant, court order, or legal notice served on Kim’s including its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, where a disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
SECTION 4 - THIRD-PARTY SERVICES
In general, Kim’s uses third-party providers to bill and process the transactions for purchase of goods and services and they will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which they will handle your personal information.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Links: When you click on links on the Website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 5 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
QUESTIONS AND CONTACT INFORMATION
Kimkrafts.in – Grievance Officer
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Grievance Officer at firstname.lastname@example.org or by mail at:
KIM KRAFTS PVT. LTD.
[Re: Privacy Compliance Officer]
668 Ghitorni, Mehrauli-Gurgaon Road, New Delhi, Delhi-110030.