Terms Of Use For Platform

TERMS OF USE FOR PLATFORM

 

This document (HEREINAFTER REFERRED TO AS THE “TERMS OF USE”) is an electronic record in terms of THE Information Technology Act, 2000, THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011, the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and other applicable laws, rules, regulations as may be amended, modified, consolidated, substituted, and re-enacted from time to time. ThESE TERMS OF USE ARE generated by a computer system and does not require any physical or digital signatures.

TERMS OF USE ARE published in accordance with Applicable laws OF INDIA for BROWSING, accessING AND USING www.eshop.kirloskarpumps.com PLATFORM OR APPLICATION (HEREINAFTER COLLECTIVELY REFERRED TO AS “THE PLATFORM”).

THis PLATFORM IS DESIGNED, DEVELOPED, HOSTED, OWNED, OPERATED AND MAnaged BY KIRLOSKAR BROTHERS LIMITED (CORPORATE IDENTIFICATION NUMBER - L29113PN1920PLC000670), a company incorporated under THE INDIAN Companies Act, 1913 (AND VALIDLY EXISTING UNDER THE COMPANIES ACT, 2013) AND HAVING its GLOBAL CORPORATE office at Yamuna, Survey No. 98/ (3-7) Baner, Pune 411045, Maharashtra, INDIA (HEREINAFTER REFERRED TO AS “THE COMPANY”, “WE”, “US” or “OUR” WHICH EXPRESSIONS SHALL UNLESS REPUGNANT TO THE SUBJECT OR CONTEXT HEREOF BE DEEMED TO INCLUDE ITS SUCCESSORS AND PERMITTED ASSIGNS).

For the purpose of these terms OF USE wherever the context so requires the term "You" or “user” shall mean and include any natural or legal person WHO ACCESSES, BROWSES OR USES THE PLATFORM FOR ANY PURPOSE WHATSOVER.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, BROWSING and/OR USING THE PLATFORM. BY ACCESSING, BROWSING OR USING THE PLATFORM, YOU, the USER, ABSOLUTELY UNCONDITIONALLY AND IRREVOCABLY ACCEPT AND AGREE TO ABIDE BY THESE TERMS OF USE WHICH BIND YOU LEGALLY. DO NOT USE THE platform IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF USE AS SPECIFIED HEREIN.

THESE TERMS OF USE ARE A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY AND GOVERNS YOUR RELATIONSHIP WITH THE COMPANY. BY ACCESSING, BROWSING AND/OR USING THE PLATFORM, YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE (INCLUDING TERMS AND CONDITIONS AS INCORPORATED BY REFERENCE HEREIN) AND THAT YOU SHALL BE ENTERING INTO BINDING OBLIGATIONS WITH THE COMPANY IN ACCORDANCE WITH THE TERMS AS SET OUT HEREINAFTER INCLUDING THE POLICIES INCORPORATED HEREIN BY WAY OF REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OR HAVE ANY OBJECTION TO WHAT IS STATED HEREIN, KINDLY DO NOT BROWSE, ACCESS, DOWNLOAD, INSTALL OR USE THE PLATFORM.

 

1. ELIGIBILITY

• 1.1 Use of the Platform is available only to persons who are above the age of 18 years and persons who are “competent to contract” within the meaning of the Indian Contract Act, 1872. You declare and confirm that You are above 18 (eighteen) years of age, and have the capacity to contract while browsing, accessing or using this Platform. Any misrepresentation of facts on Your part, or omission to state facts (willful or otherwise), whether asked for or otherwise required by the Platform or any person designated in relation thereto will result in an immediate termination of the access and/or use of the Platform.

• 1.2 If You are a minor (i.e. under the age of 18 years), You may browse, access or use the Platform only under the supervision and prior consent/ permission of a parent or a legal guardian.

 

2. DEFINITIONS

• 2.1. Under these Terms of Use, the following terms shall, unless the context otherwise requires, have the following meanings:
  

  “Applicable Laws” shall mean and include all applicable laws (including the DPDP Act, the IT Act, the IT Rules and the Consumer Protection (E-Commerce) Rules, 2020 and such other similar laws / legislations which may be enacted from time to time), statutes, legislative enactments, ordinances, judgments, decrees, declarations, notifications, guidelines, circulars, directives, codes, injunctions, writs, rules, bye-laws, regulations, policies, directions, demands, assessments, conventions, orders, interpretations, licenses, permits, authorisations, standards and requirements of all government authorities, and all government approvals, whether in effect on the date of these Terms of Use or thereafter.

  “Data” means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means

  “DPDP Act” shall mean the Digital Personal Data Protection Act, 2023, of India and the rules prescribed thereunder, if any, as amended, substituted, modified or re-enacted from time to time.

  “Information” includes data, message, text, images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche.

  “IT Act” shall mean the Information Technology Act, 2000, of India and the rules prescribed thereunder, as amended, substituted, modified or re-enacted from time to time.

  “IT Rules” shall mean the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended, substituted, modified or re-enacted from time to time.

  “Personal Data” means any data about an individual who is identifiable by or in relation to such data.

  “Privacy Policy” shall mean the privacy policy in relation to the Platform, and as posted or displayed on the Platform, from time to time, by the Company.

  “Processing” in relation to Personal Data means a wholly or partly automated operation or set of operations performed on digital Personal Data and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction, and the expression “Processed” shall be construed accordingly.

• 2.2. Capitalized terms and expressions not defined in this Terms of Use shall have the respective meanings assigned to such expressions in the DPDP Act or the IT Act or the IT Rules, as the case may be.

 

3. USER WARRANTIES

You, the User, represent, warrant and confirm that (a) You are duly authorised to consent to these Terms of Use on Your own behalf or in Your capacity as an authorised representative of a company or any other entity; (b) You can enter into / be a party to legally binding contracts under Applicable Laws; and (c) Your use of the platform would solely be for commercial purposes.

 

4. REGISTRATION AND USE

• 4.1. The Platform requires You to create an account for browsing, accessing and using the Platform. You must create an account and specify Your username and password which shall be personal to You solely. You are not permitted to share Your login credentials with any other User/ third party or otherwise permit the use of the Platform by any other User / third party who is not the owner of the account and agree to -

  • a) solely be responsible for maintaining the confidentiality and security of Your username(s) and password(s); and

  • b) be fully responsible for any and all activities, which occur under or from use of such username(s) and password(s) and/or in connection with such use. You further absolutely agree that You will not permit any other User/ third party to browse, access or use the Platform using Your username(s) and password(s).

• 4.2. At the time of registration, the Platform may require You to submit a valid email ID and Your mobile number and validate the Information through a one- time password (OTP) mechanism or through any other mechanism as may be prescribed on the Platform. This OTP is personal to You solely and You are not permitted to share Your OTP with any third party or otherwise receive such OTP through a mobile number/ email ID which is not personal to You. Further, for receiving such OTP and registration, You will submit valid credentials and Information as may be requested on the Platform.

• 4.3. The Platform may also request You to provide additional information post account creation including Personal Data or Information pertaining to Your business registration and licenses. Such Personal Data or Information may be validated by the Company through a KYC check process to ensure that only genuine Users are browsing, accessing and/ or using the Platform. The Company reserves its right to seek additional information or cancel Your registration and account and/or cancel any orders placed on the Platform, in the event that any Personal Data or Information provided by You is found to be inaccurate or misleading in any manner.

• 4.4. Users can always modify or update their profiles provided on the Platform as and when required at their discretion, save and except for their ‘User Name’ and the ‘Company name’/ ‘System Admin access’.

• 4.5. The username, mobile number and/or e-mail address is treated as a primary identifier on the Platform. It is the responsibility of the User to ensure that their username, mobile number and email address is up to date on the Platform at all times. The User agrees to notify the Company if their mobile number, delivery address or e-mail address changes by updating the same on the Platform through a one-time password verification.

• 4.6. The User further agrees and confirms that the Company shall not be liable or responsible in any manner whatsoever for the activities or consequences of use or misuse of any information that occurs under the User account, including, where Users have failed to update their revised mobile number, delivery address and/or e-mail address on the Platform.

• 4.7. The Platform may be under constant updates / upgrades, and some functions and features may not be fully operational. The Platform may require the User to install certain software updates / upgrades from time to time by notifying the device User that a system update/ upgrade is available. If such software updates / upgrades are available, the “update” button will appear on the Platform and the device User can install the update immediately. It is the responsibility of the User to ensure that the Platform (as used on any device) is updated / upgraded from time to time (including by way of installing software updates / upgrades to the Platform which may be available), so that all features on the Platform function properly and seamlessly.

 

5. SIGNATURES

If You transmit a document through the Platform using Your username and password, such document shall be deemed “signed” and “executed” by You. You hereby absolutely and unconditionally waive any defense as to the enforceability of any contract formed / entered into as a result of the transmission of such document on the ground that it was not “signed” or “executed” by You.

 

6. ENGAGEMENT WITH USERS

• 6.1. Subject to what is stated in Para 11.2:

  • (i) the Platform utilises proprietary algorithms to match queries of Users with the existing database of Company’s products, and

  • (ii) based on the Information provided by Users including as regards to the further questions proposed on the Platform, the proprietary algorithm will then search and recommend the relevant products of the Company (based on the Information provided by the Users) which are available on the Platform.

• 6.2. Users registering on the Platform are required to provide information relating to their requirements in addition to other specific Information as may be requested on the Platform. Information from Users is collected in a stage wise process. The contact details may be validated through an OTP validation process or other similar process as may be specified. Upon completion of registration, Users will be required to provide certain information pertaining to their requirements as per the form prescribed on the Platform. In addition to such information, Users may provide additional Personal Data or Information, including but not limited to, responses to compliance queries, as may be raised on the Platform from time to time. We advise Users to provide such additional Personal Data or Information in order to receive better results.

 

7. PRIVACY POLICY

The Company protects the User’s Personal Data or Information in accordance with its Privacy Policy which is posted on the Platform and provides an account of the manner in which the Company collects, stores, uses, accesses, Processes, discloses and displays the Personal Data or Information provided by You. You hereby agree to grant the Company a non-exclusive, royalty-free, irrevocable, perpetual license to use any Personal Data or Information provided by You, on this Platform, the collection, storage, access, use, Processing and disclosure of which shall be governed in accordance with the said Privacy Policy as specified on this Platform. The Privacy Policy, as amended from time to time, is incorporated by reference to be a part of these Terms of Use and You accept the same by accessing, browsing or using the Platform or through furnishing any Personal Data or Information, as requested on the Platform, from time to time.

 

8. USER CONTENT

• 8.1. In these Terms of Use, “Your Content” shall mean and include any data, graphics, audio, video, text, images, information (including Personal Data or Information) or other materials You choose to display, share, submit or otherwise transmit (whether publicly or privately) on this Platform. Such information may include information pertaining to business registrations (including GST registrations and CIN, if any), licenses and requirements which are submitted by the Users on the Platform. With respect to Your Content, to the maximum extent permitted by Applicable Laws, You grant the Company a perpetual, non-exclusive, worldwide, irrevocable, non-terminable, royalty-free and sub-licensable license to use, copy, reproduce, Process, adapt, publish, publicly display, disclose, modify, translate, create derivative works from, sub-license, transfer and distribute Your Content in any and all media or medium and in any form, format, or forum now known or hereinafter developed, subject to the terms of the Privacy Policy. You shall be solely responsible for Your Content and the Company shall not be responsible for Your Content which You make available on or through the Platform, including, but not limited to, any errors or omissions in Your Content, and/or for any loss and/or damage of any kind incurred as a result of the use of or arising from any such content posted, e-mailed or otherwise transmitted (whether publicly or privately) via the Platform.

• 8.2. You agree and acknowledge that:

  • (a) All User content available on the Platform is provided on an “as is” and “as available basis”. To the maximum extent permitted by Applicable Laws, the Company expressly makes no representation or warranties, express or implied and hereby expressly disclaims all warranties, guarantees, conditions or other terms or representations of any and all kind, whether express or implied, related to this Platform or the materials contained on this Platform including but not limited to any implied warranties of merchantability, fitness for a particular purpose or use and / or warranties on non-infringement, in relation to any content on the Platform;

  • (b) The Company is not responsible for verifying inter alia the accuracy, completeness, correctness, of the content uploaded by the Users on the Platform. Without prejudice to what is stated herein, the Users accessing information on the Platform may, at their sole risk conduct their own independent due diligence, including to verify inter alia the accuracy, completeness, correctness, of any Information prior to relying on such Information displayed on the Platform and/or prior to entering into any transaction on the Platform or taking any decision or action in connection with or as a result of access to such content or Information on the Platform and the Company/ its Affiliates are not and will not be liable/ responsible in any manner whatsoever. The Company shall not be liable/ responsible for such content or its usage by the User or any decision or transaction undertaken by the User in connection with or in reliance of such content and the Company makes no representation and gives no warranties in relation thereto; and

  • (c) The Company/ its Affiliates further shall not be responsible/ liable as a consequence of any incorrect, incomplete, false or misleading Personal Data or Information provided by a User.

• 8.3. You further agree, confirm and acknowledge that:

  • (a) the Company does not warrant the availability, timeliness, functionality, reliability, sequencing or speed of delivery of the products and/or services or the content, and is not responsible for internet outages, hardware and/or software failures, downtime, force majeure events (including without limitation acts of God, strikes or other acts of workers, bomb threats, fires, floods, other natural disasters, outbreak of any epidemic, pandemic or contagious disease or other outbreak of diseases or illnesses or health hazards which may affect certain geographical areas or regions or population or communities or lockdowns, explosions, riots, war or sabotage) and/or for User errors.

  • (b) Any material downloaded or otherwise obtained through the use of the Platform is done at Your sole and absolute discretion and risk and You will be solely responsible for any and all damage to Your computer system or device or equipment or other property and/or for loss of data that may result from downloading any such material and/or for any virus, malware, spyware, trojans that may be threatened or contained therein.

  • (c) In connection with Your access, browsing and/or use of the Platform, You agree not to upload any irrelevant data, bogus or fabricated certificates or upload computer programs, information or data into the Platform which contains any viruses, time bombs, Trojan horses, worms, cancel bots or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, software, data or information.

  • (d) You are responsible for implementing sufficient firewalls, protections, procedures and checkpoints to satisfy Your particular requirements for the protection of Your system and/or accuracy of data input and output, and You shall maintain a means/ system, external to the Company (at Your sole cost) for the reconstruction of any lost data.

 

9. THIRD PARTY SITES

• 9.1. Please note that the Platform may contain links to external sites or pages including links provided by third parties and our affiliates who may run advertisements, marketing, sales, digital or promotional campaigns on our Platform to market their products and/or services to the Users on the Platform. These advertisements, sales, digital, marketing or promotional campaigns may have embedded links which may re-direct Users to external sites/ portals which are owned and/or operated by such third parties and/or our affiliates. The Company has no control over such external sites/ portals and it shall not be responsible for the content and reliability of the said external sites/ portals. Mere presence of any embedded link on the Platform should not be assumed as an endorsement by the Company of the views expressed on such embedded links.

• 9.2. We may further use third party agencies for payment processing purposes. Credit card and Debit card information or any other Personal Data or Information of Users is not collected and / or stored by us. These third-party service providers have access to Personal Data or Information of Users needed to perform their functions, but are obligated not to use such Personal Data or Information for any other purposes. Such payment sites/portals are obligated to follow the Payment Card Industry Data Security Standard (PCI DSS) and comply with all Applicable Laws as issued from time to time in this regard when handling matters relating to payment card data. Such third party agencies may redirect the User to external secure links for undertaking payment processing.

• 9.3. Your browsing, access and/or use of such third party sites/ portals and external links are subject to the terms and conditions including privacy policies and other policies as may be specified on such sites/ portals. The Company is not liable/ responsible whatsoever for verifying inter alia the accuracy, veracity and content of any sales, promotional, marketing and advertising campaigns run by a third party on the Platform or for any defect in products or services utilised or availed of by the User as a result of such sales, promotional, marketing and advertising campaigns run on the Platform. Users are advised to read the terms and conditions including privacy policies and other policies of such third party sites carefully, prior to browsing, accessing and/or using the services of such third parties. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly for any damage or loss, caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services, available on or through any such link or site or resource.

• 9.4. We also use third-party advertising companies to serve advertisements when You visit or use or access our Platform. These companies may use Information about Your visits to or use of a particular website, mobile application or services, in order to provide advertisements about goods and services of interest to You. We endeavor to keep your Information safe and while we ensure that such Information is continued to be kept safe by third parties with whom such data may be shared, we cannot guarantee the same.

 

10. CONFIDENTIALITY

• 10.1. You absolutely, unconditionally and irrevocably accept and agree:

  • (a) to treat the information and data on the Platform as proprietary “Confidential Information”;

  • (b) that You will not knowingly disclose to any third person or entity, or use for Your own or any such third person’s or entity’s benefit, any Confidential Information belonging to this Platform;

  • (c) that You will use all reasonable efforts to maintain the confidentiality of all Confidential Information of this Platform and to prevent the unauthorized disclosure and dissemination of any of the Confidential Information; and

  • (d) that in no event will You use less care to maintain the confidentiality of the Confidential Information, than what you use to maintain the confidentiality of Your own Confidential Information.

• 10.2. Confidential Information, whether or not described above, does not include information that:

  • (a) is or becomes known to the public or comes into the public domain without any fault or breach on the part of any User of these Terms of Use,

  • (b) the owning User regularly discloses to third parties without restriction on disclosure,

  • (c) is required to be disclosed pursuant to any Applicable Laws, or orders of a governmental or regulatory authority; provided that the User who is required to make such disclosure notifies the other User owning such Confidential Information so as to enable such other User to take steps to protect the confidentiality of the Confidential Information.

• 10.3. The provisions of this Para 10 shall survive any discontinuance of User’s browsing, access and/or use of the Platform.

 

11. ORDERS PLACED

• 11.1. The Platform provides for online shopping wherein the Users can purchase/ buy the products listed on the Platform pursuant to the terms and conditions set forth herein.

• 11.2. The Company will use its proprietary algorithm on the Platform to match queries of Users with the existing database of the Company’s products. Notwithstanding anything to the contrary in these Terms of Use, the Users acknowledge and confirm that any use of the proprietary algorithm on the Platform and any results thereof, apart from being entirely dependent on the accuracy, correctness and completeness of the Information submitted by the User, is and will be purely recommendatory and suggestive, and each User is required to conduct their own independent due diligence prior to relying on any results (as a result of the use of the aforementioned proprietary algorithm) on the Platform and / or prior to proceeding with any decision or transaction in connection with the same and / or in pursuance thereof. The Company/ its Affiliates will be in no way responsible or liable to any User if such User seeks to rely upon the Company’s proprietary algorithm and each User will do so at his/her/its own risk, and the Company/ its Affiliates will in no way be liable or responsible.

• 11.3. The User further agrees and undertakes that they are accessing the services available on this Platform and transacting at their sole risk and after conducting their own independent due diligence before transacting on the Platform or taking any decision or action in connection with or as a result of access to such content or Information on the Platform. The Company/ its Affiliates will be in no way responsible or liable to any User if such User seeks to rely upon such content or Information on the Platform and each User will do so at his/her/its own risk, and the Company/ its Affiliates will in no way be liable or responsible.

• 11.4. Before placing an order, the User is advised to check the product description carefully. By placing an order for a product, the User is bound by the conditions of sale included in the item’s description. The Company shall not be responsible for any incorrect order of the product(s) placed by the User once dispatched.

• 11.5. All orders are subject to availability. Any and all orders placed by the User on the Platform are a firm commitment to purchase and the User is obligated to complete the transaction and not contest it in any way or manner whatsoever.

 

12. PRODUCT PRICING

• 12.1. Product prices listed on the Platform are current. While every care has been taken to label the products accurately, errors in data entry and updation may occur.

• 12.2. The Company reserves the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. Prices are subject to change without notice and can vary from product to product and from time to time, depending on the price of raw materials at the time of production/ manufacture.

• 12.3. All prices on the Platform are quoted in Indian Rupees and payments can only be accepted in quoted currency.

• 12.4. All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and generating an invoice. The User agrees to bear any and all applicable taxes including but not limited to GST, duties and cesses, delivery fees, payment gateway charges, etc.

• 12.5. The price mentioned on the Platform is inclusive of all taxes. A breakup of taxes will be provided in the Invoice. The User shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Company.

 

13. PAYMENT METHODS

• 13.1. The User undertakes to make all payments in a timely manner, including but not limited to all applicable taxes, charges and fees as may be specified. We accept payments through third-party payment gateway.

• 13.2. The modes of payment offered by such third-party payment gateway may include credit card, debit card, net banking, mobile wallets and/or UPI.

• 13.3. The terms and conditions, policies, procedures and guidelines of the Reserve Bank of India, National Payments Corporation of India, and the third-party service providers including but not limited to payment gateway, bank, mobile wallet etc., shall be applicable to all transactions undertaken by the User.

• 13.4. Once the payment for an order is completed, You will receive an acknowledgement confirming the receipt of Your order. This acknowledgment will serve as a valid contract for products ordered only when those products have been dispatched to the purchaser. When placing an order, the User undertakes that all details provided to the Company are true and accurate, the User is an authorized user of the credit or debit card provided to place the said order, and that there are sufficient funds to cover the costs associated with the purchase.

• 13.5. Users assume sole responsibility for all risks associated with transfer of money or payments to the Company done through the use of a third-party payment gateway.

• 13.6. All disputes regarding delayed payments or failed payments must be resolved with Your own financial service provider such as Your bank, and the third-party payment gateway. The Company shall not be responsible for any failed or delayed payments, loss of information, loss of reputation or any other damages or losses faced by You or any third-party due to the use of such third-party payment gateway.

 

14. CHARGE BACK OPTIONS

Chargebacks are strictly prohibited under these Terms of Use. You understand that initiation of a chargeback for a payment already made may result in (i) cancellation of any Order and/or request to return any product in its unopened, undamaged, unused and original condition (with brand's/manufacturer's box, MRP/MSRP tag intact, user manual, warranty card and all the accessories therein); and/or (ii) suspension or termination of Your account. The Company reserves the right to undertake any action permitted under these Terms of Use or under any Applicable Law(s).

 

15. DELIVERY AND SHIPMENT

• 15.1. The Company shall exercise all possible measures to ensure that any product ordered on the Platform is delivered as per the delivery time provided on confirmation of order, subject to

  • (i) successful realization of payment made against the order,

  • (ii) availability of the product(s) and

  • (iii) delays resulting from postal / delivery delays or force majeure event.

• 15.2. User understands and confirms that the Company shall not be held responsible for any delay in delivery of product due to circumstances beyond the control of the Company, including a force majeure event.

• 15.3. The services offered on the Platform can be used for purchase of products to be delivered within the territory of India only. The Company and its delivery partners reserve the right to restrict delivery to specific locations or delivery facilities.

• 15.4. In case of any physical damage to the outer or inner packaging, the User should either refuse to accept delivery or accept delivery only after putting a suitable remark on the proof of delivery receipt document. The Company retains the right to withhold refund/replacement of the damaged product if the User fails to put a note about the nature of damage on the delivery receipt confirmation slip.

• 15.5. A delivery completed in the manner specified hereinabove to a location shall be considered to be a complete and successful delivery and all risk and liability related to such product shall transfer to the User upon completion of the delivery of the product in such a manner.

 

16. DELAYED DELIVERY

The estimated time of delivery is provided for Your convenience only, based on historical data of the time taken for deliveries to be completed to Your location. You understand that the time required for delivery is subject to multiple factors that can cause a delay, including but not limited to availability of the product, weather conditions, distance from warehouse, government rules, regulations and orders, among others. The Company and its delivery Logistics Service Provider (LSP) shall not be liable for any delay in the shipment or delivery of any product, package or order for any reason, regardless of whether such a delay could be reasonably foreseen, regardless of whether the Company was informed of the possibility of such delay, and regardless of whether any loss or damage was faced by You or any third party as a result of such a delay.

 

17. DELIVERY ERRORS

If a product is lost in transit or delivered to an incorrect address, please contact Us immediately. The Company will take all reasonable steps to ensure that You receive Your order. If the ordered product is not available with the Company for delivery, the Company may, at its sole discretion, cancel the product or order and refund the amount paid by You for such product(s). If the address provided by You at the time of placing of the order does not exist or cannot be found, or if no one is available to receive delivery of the order despite multiple delivery attempts (3 attempts), You shall be liable to bear all costs related to attempted delivery and the return of the product(s) and/or correction of the delivery address.

 

18. DAMAGED OR DEFECTIVE PRODUCT

• 18.1. If a product is damaged or defective at the time of its delivery to the User, the User should ensure to make a specific remark on the delivery acknowledgement. User must communicate to the Company within 48 hours upon receipt of the damaged or defective product through the return option available on the Platform. Upon being notified of a damaged or defective product within the time period specified above, or if any damage or technical fault is observed by the Company’s personnel at the time of product installation and demonstration, the Company may investigate and determine in its sole discretion whether:

  • (i) the product was dead on arrival (DOA) or damaged before delivery to You or the address specified for the delivery of the Order;

  • (ii) the product is the same as the product that was shipped to You;

  • (iii) the product is in its original condition (with brand's/manufacturer's box, MRP/MSRP tag intact, user manual, warranty card and all the accessories therein) ; and/or

  • (iv) the User contacted the Company within the time period specified hereinabove. The User agrees to provide all support necessary for the Company to determine (i), (ii) and (iii) above. If You do not contact the Company within the time period specified above and/or if (i), (ii) and/or (iii) above are not satisfied or are violated as determined by the Company, the Company shall not be liable under these Terms of Use for any damage or defect in any such product.

• 18.2. To return any damaged or defective product(s), User should register their concern on the Platform within 48 hours of the delivery of the product(s). Upon acceptance of product return request by the Company after due validation, the Company authorized personnel shall collect the damaged or defective product(s) at a pre-designated date and time from the same address where the product was delivered. Kindly note that the Logistics Service Provider (LSP) who will deliver the Products is not authorized to take return of damaged or defective product(s).

• 18.3. Subject to Your compliance with the provisions of these Terms of Use, the Company’s sole responsibility and liability to You shall be to use commercially reasonable means to ensure that You have a working product in accordance with Para 22 herein below, and if this is not commercially viable, the Company may, in its sole discretion, offer to cancel the Order for that product and provide a refund to You in accordance with "Refunds" below. This Para is applicable for claims made within 48 hours of the delivery of the product(s). Nothing in this Para shall prevent You from exercising Your rights under any product warranty that may be applicable to such product under such terms as may be applicable to such product warranty.

 

19. RETURN

• 19.1. Once products are delivered to You and accepted as per the original order, there is no refund or exchange possible. In the event the products are not as per Your order, the User can opt for either return of the said products (which are not as per Your order) in accordance with this Para 19 or replacement of the said products (which are not as per Your order) in accordance with Para 22 herein below.

• 19.2. You must communicate to the Company through the return option provided on the Platform, within 48 hours of delivery of the product not as per Your order.

• 19.3. You shall keep the products in its unused, original condition, along with the original invoice/ sale receipt, brand outer box, MRP /MSRP tags attached, user manual, warranty cards, and original accessories in manufacturer packaging for a successful return pick-up. We would accept the request for return of such product subject to the terms of these Terms of Use.

• 19.4. We will in our sole discretion, verify if the products are not as per Your order and will accordingly post verification, accept or reject the request for return and which decision of the Company will be final and binding and not disputed by any User using this Platform. For such verification, we may request you to send us images of the products (not as per Your order) received and / or allow our personnel to schedule a call or visit to assess such product and you will render your full cooperation to the Company and provide whatever information the Company requires.

• 19.5. Please note that we cannot offer exchanges or refunds on used products or products which are not in their original condition or do not have their original invoice / sale receipt, brand outer box, MRP /MSRP tags attached, user manual, warranty cards, and / or original accessories, and which decision of the Company will be final and binding and not disputed by any User using this Platform.

• 19.6. In case of products for which KBL accepts the User’s request for return under this Para 19, KBL will provide pickup for such products . The time of pick-up may be communicated through email and / or SMS and/ or WhatsApp and / or the Platform. Kindly inform our customer care within 48 hours from the time of pick-up of product so returned. You will be contacted once Your return is complete. Please allow one to three weeks from the day You return an item under this Para 19, for Your refund request to be processed.

 

20. REFUND

Refunds, if any, shall be made to the same payment method or issuing bank from where the initial payment was received. The Company may, at its sole discretion, refuse to provide refunds to an alternative account. In case of cancellation of an order by the Company or refusal by the Company to accept an order under these Terms of Use, the Company will refund the full amount paid (if any) by the User for such order. In case of cancellation of an order by User under these Terms of Use, the Company shall refund only the amount paid by the User for the product less the costs incurred for packaging and delivery, return costs, and payment gateway charges, if any.

 

21. PRODUCT WARRANTY AND GUARANTEE

The terms of warranty provided on the product description page, or in the absence of such a description, the terms of warranty supplied with the product shall be applicable to such products. Purchasing a product through the Platform does not entitle the User to any additional or extended warranty. However, the Company may, at its sole discretion, offer an option to purchase an extended warranty upon payment of such fees as may be levied.

 

2. PRODUCT REPLACEMENT

• 22.1. Replacement of damaged and / or defective product(s)
  

  Replacement shall be made based on due validation and acceptance by the Company, of User request for replacement of damaged and / or defective product(s) by the Company in accordance with Para 18. Timeline for replacement of damaged and / or defective product(s) may be communicated by the Company to the User via email and / or SMS and/ or WhatsApp and / or the Platform. In case, the User is not ready to accept replacement of product(s) owing to the product(s) delivery lead times or product(s) not being available with the Company, the provisions under Para 20 (Refunds) shall apply. The Company may, at its sole discretion, either give product(s) replacement or refund or reject the claim, as the Company deems appropriate, and which decision of the Company will be final and binding and not disputed by any User using this Platform.

• 22.2. Replacement of product(s) not as per the User’s order

  Replacement shall be made based on due validation and acceptance by the Company, of the User request for replacement of product(s) which are not as per Your order, in accordance with this Para. Timeline for replacement of product(s), which are not as per Your order, may be communicated by the Company to the User, via email and / or SMS and/ or WhatsApp and / or the Platform. In case, the User is not ready to accept replacement of product(s) owing to the product(s) delivery lead times or product(s) not being available with the Company, the provisions under Para 20 (Refunds) shall apply. The Company may, at its sole discretion, either give product(s) replacement or refund or reject the claim, as the Company deems appropriate, and which decision of the Company will be final and binding and not disputed by any User using this Platform.

  You shall keep the products in its unused, original condition, along with the original invoice/ sale receipt, brand outer box, MRP /MSRP tags attached, user manual, warranty cards, and original accessories in manufacturer packaging for a successful replacement. We would accept the request for replacement of such product subject to the terms of these Terms of Use.

  We will, in our sole discretion, verify if the products are not as per Your order and will accordingly post verification, accept or reject the request for replacement and which decision of the Company will be final and binding and not disputed by any User using this Platform. For such verification, we may request you to send us images of the products (not as per Your order) received and / or allow our personnel to schedule a call or visit to assess such product and you will render your full cooperation to the Company and provide whatever information the Company requires.

  Please note that we cannot offer exchanges or refunds or replacement on used products or products which are not in their original condition or do not have their original invoice / sale receipt, brand outer box, MRP /MSRP tags attached, user manual, warranty cards, and / or original accessories, and which decision of the Company will be final and binding and not disputed by any User using this Platform.

 

23. INTELLECTUAL PROPERTY

• 23.1. You absolutely, unconditionally and irrevocably agree and acknowledge that, other than the content which You own, which You may have opted to provide on this Platform under these Terms of Use, all intellectual property rights and/or any proprietary information (whether registered or unregistered) relating to any product and / or in and to the Platform, including but not limited to, content, offerings, programs, algorithms, formulae, analyses, technology, any and all technical and non-technical information, computer software (in various formats or media including source code and object code), soft data, computer programmes or other programmes, upgrades, manuals, methods, layouts, flowcharts, diagrams, plans, lists, documentation, materials, data and dimension data, files, back-ups, reports, inventions, know how, methodology, design, text, graphics, images, logos, buttons, icons, interfaces, sounds, music, stills, photographs, moving image, audio and video clips, database and the selection and arrangements thereof and any other information of whatever nature, whether residing in any, copyright, copyright application, design, trademark, trademark application, trade secret, confidential information, patent, patent application belong exclusively to the Company, its affiliates and/or their licensors. Except and to the extent of any license specifically granted as per these Terms of Use, You do not have any right in, or to, the intellectual property and/or proprietary information owned by the Company and/or its affiliates. You further agree that You will not infringe the intellectual property rights and/or any proprietary information of the Company, its affiliates and/or their licensors, whether registered or unregistered, by any method or manner now known or as may exist in the future.

• 23.2. In the event that You elect to share any Personal Data or Information with the Company through the Platform, You agree and acknowledge that (i) all Personal Data or Information supplied by You is either in original form, or You have the right and have been authorized to share the same with the Company, (ii) the Company may utilize the Personal Data or Iinformation You supply, in whole or in part, in any manner in connection with the Platform, subject to the terms as specified in the Privacy Policy (iii) any modifications or improvements made to the Platform as a result of Your feedback, comments or reviews are owned and controlled solely by the Company, (iv) You have no right, title or interest in or to the Platform as a result of sharing Your feedback, comments or reviews.

• 23.3. All trademarks, service marks, trade names, copyrights, patents, designs, slogans and logos are proprietary to the Company or used by or licensed to the Company with the permission of its third-party providers. Nothing contained on this Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property rights displayed on this Platform without the written permission of the Company. You further acknowledge that You have no right to have access to the Platform in source code form.

• 23.4. The User absolutely and unconditionally confirms that the User and/or its authorized representatives shall not use or register, in whole or in part, the intellectual property rights of the Company and/or its affiliates or any alteration, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation thereof, as or as part of a company name, trade name, product name, service name, web sites, merchandising, packaging, manuals, promotional/advertising materials or for any other purpose whatsoever.

• 23.5. The Platform is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property rights. It is prohibited to quote or copy in part or in whole the content of the Platform without any prior written consent from the Company. The Users acknowledge that any violation or breach or non-observance of the provisions of this Para, including this para will cause the Company grievous harm, considerable damage and irreparable loss, which the User agrees, are not capable of being remedied solely by way of damages. The Company shall therefore be entitled to equitable relief including in the form of preliminary and permanent injunctions to enforce this Para of these Terms of Use upon any actual or threatened breach by any User, which relief shall be in addition to any other relief that the Company may have in law, and each of the Users who are in breach shall pay to the Company, forthwith on demand, the full amount of all loss, claim, damage, liability and expense resulting to the Company from the breach of this Para of these Terms of Use, without any dispute or demur.

 

24. RESTRICTIONS 

• 24.1. Subject to these Terms of Use and the Privacy Policy, we grant to You a non-exclusive, non-transferable, non- assignable, non-sub-licensable, personal, limited, revocable license to browse, access and use the Platform or transact through the Platform. Any other use of the Platform is strictly prohibited. We reserve all rights in and to the Platform.

• 24.2. Except as expressly permitted under these Terms of Use, You absolutely, unconditionally and irrevocably agree not to: 

  • (a) copy, adapt, convert, abridge, display, reproduce, disseminate, re-publish, re-use, upload, post, transmit or distribute any content, material or information presented in, furnished, available or provided on the Platform, including without limitation for public or commercial purposes, and any text, images, audio and video, except as expressly permitted on the Platform's sharing function; 

  • (b) sell, resell, sublicense, exploit and/or otherwise commercialize any Platform material in whole or in part (in various formats or media including object and source code), in any form to any person without obtaining the prior written consent of the Company;

  • (c) sell, rent, lease, sub-lease, sub-license, assign, loan, distribute, time-share, or translate any content, material or information presented in, furnished, available or provided on Platform including Your login credentials in any way; 

  • (d) make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;

  • (e) remove or substitute or modify any information pertaining to intellectual property or proprietary rights from the Platform;

  • (f) modify, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform; 

  • (g) use this Platform in any way that is, or may be, damaging to this Platform;

  • (h) use this Platform in any way that impacts User access to this Platform;

  • (i) use this Platform contrary to Applicable Laws, or in a way that causes, or may cause, harm to the Platform, or to any person or business entity;

  • (j) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Platform, or while using this Platform;

  • (k) use this Platform to engage in any advertising or marketing;

  • (l) access, monitor, Process or copy any content or Information of this Platform using any robot, crawler, spider, scraper, or other automated means or any manual process for any purpose without the Company’s express prior written permission

 

25. USER CONDUCT

• 25.1. Users absolutely and irrevocably agree, undertake and confirm on behalf of themselves and their authorized representatives whilst accessing, browsing and/ or otherwise using the Platform that they shall not host, display, upload, modify, publish, transmit, store, update or share any Information that:

  • (a) belongs to another person and to which the User does not have any right;

  • (a) belongs to another person and to which the User does not have any right;

  • (b) is contrary to / prohibited by Applicable Laws including what is grossly harmful, insulting or harassing or threatening on the basis of gender, blasphemous, defamatory, abusive, obscene, pornographic, pedophilic, libelous, invasive of another's privacy including bodily privacy, hateful, or racially or ethnically, objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

  • (c) is harmful to child or a minor in any way;

  • (d) infringes any patent, trademark, tradename, service mark, logo, copyright, design, patterns or other proprietary and/or intellectual property rights of the Company, its affiliates or its licensors or of any third party and/or infringes any third party's trade secrets or rights of publicity or privacy;

  • (e) violates any Applicable Laws for the time being in force or promotes illegal activities including any sale of counterfeit or stolen products;

  • (f) deceives or misleads the addressee about the origin of such messages or knowingly and/or intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact or is grossly offensive or menacing in nature;

  • (g) impersonates another person;

  • (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  • (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or

  • (j) is patently false, inaccurate, misleading and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

• 25.2. By browsing, accessing and/or using the Platform, You absolutely and irrevocably agree, undertake and confirm on behalf of Yourself and Your authorized representatives not to:

  • (a) undertake transactions with the use of fictitious accounts or for fraudulent transactions or transactions which are fake or to undertake any activity which may result in or is aimed and intended to cause wrongful loss to the Company;

  • (b) make any speculative, false, or fraudulent transaction(s) on the Platform;

  • (c) violate the restrictions in any robot exclusion headers on this Platform or bypass or restrict or circumvent other measures employed to prevent or limit access to this Platform;

  • (d) take any action that imposes, or may impose, in the Company’s discretion, an unreasonable or disproportionately large load on the infrastructure of the Platform or the Company’s systems or networks, or any systems or networks connected to the Company;

  • (e) deep-link any portion of the Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission;

  • (f) "frame", "mirror" or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization;

  • (g) store or use any downloaded Data in an archival database or other searchable database;

  • (h) use any "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Confidential Information or any other data or information on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Confidential Information or any other information, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform;

  • (i) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, by hacking, password "mining" or by any other illegitimate means;

  • (j) probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security or authentication measures on the Platform or any network connected to the Platform;

  • (k) reverse look-up, trace or seek to trace any Personal Data or Information of any User or any visitor to the Platform, including any account on the Platform not owned by the User, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to Personal Data or Information, other than the User’s own information, as provided for by the Platform;

  • (l) make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or Users on the Platform or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name or other intellectual property rights as may be owned or used by the Company;

  • (m) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform;

  • (n) refer to any Platform or URL, that in the Company’s sole discretion contains material that is inappropriate for the Platform or contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

  • (o) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to the Company on or through the Platform;

  • (p) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platform, or while using the Platform.

• 25.3. You undertake to provide only such information which is true, accurate, current and complete.

• 25.4. By using the Platform, You automatically consent to abide by any and all of these obligations as contained in these Terms of Use. A failure to comply with these obligations as contained herein, will render You solely liable and You agree to defend, indemnify and hold harmless the Indemnified Parties for breach of these obligations in accordance with Para 31 herein below.

• 25.5. In the event of a violation or breach of these Terms of Use including User’s obligations under Paras 24 and 25, the Company shall have the right to remove any non-compliant information submitted by the User, cancel the registration of the User and/or forfeit any amounts received besides initiating legal actions against the User as may be warranted depending on the nature of the violation.

 

26. SUBMITTED CONTENT

• 26.1. By sharing or submitting any content including any data, photographs, graphics, text, information or other materials on the Platform, You agree that You shall be solely responsible for all content You post, email or otherwise transmit (whether publicly or privately) on the Platform and the Company shall not be responsible for any content You make available on or through the Platform. With respect to such content You submit or make available on the Platform, You grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive and sub-licensable license to use, copy, reproduce, Process, adapt, publish, distribute, publicly display, disclose, modify, translate, create derivative works, and sub-license such materials or any part of such content, in any and all media or medium and in any form, format or forum now known or hereinafter developed, subject to the terms of the Privacy Policy. You agree that You shall be fully responsible for the content You submit.

• 26.2. Notwithstanding anything stated to the contrary, under no circumstances will the Company be liable in any way for any content shared or submitted by the User on the Platform, including, but not limited to, any errors or omissions in any content, and/or for any loss and/or damage of any kind incurred as a result of the use of or arising from any such content posted, e-mailed or otherwise transmitted (whether publicly or privately) via the Platform.

• 26.3. The collection, use, Processing, storage, access, disclosure and transfer of Your Content and any other information obtained by the Company as a result of Your use and access to the Platform shall be governed by the Privacy Policy which is deemed to be incorporated in these Terms of Use.

 

27. EXTERNAL SITES AND HYPERLINKING POLICY

• 27.1. Our Platform may provide links to websites and platforms owned and operated by third parties/our affiliates. These links have been placed for Users’ convenience. These links are external and are governed by their own privacy policies and terms of use. You are advised to read and understand the terms of such external websites carefully prior to browsing, accessing or using the services offered on such external sites.

• 27.2. Since the Company has no control over such sites, links and resources, You unconditionally acknowledge and agree that the Company shall not be responsible for the contents and reliability of the linked websites /platforms and that the Company does not necessarily endorse the views expressed in them. Mere presence of the link or its listing on the Platform should not be assumed as an endorsement by the Company of the views expressed on such links or its listing.

• 27.3. We cannot guarantee that these links will work all the time and we have no control over the availability of linked pages.

• 27.4. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly for any damage or loss, caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services, available on or through any such link or site or resource.

• 27.5. We do not object to You linking directly to the information that is hosted on the Platform and no prior permission is required for the same. However, we would like You to inform us about such links provided on the Platform. Also, we do not permit our pages to be loaded into frames. The pages belonging to this Platform must load into a newly opened browser window of the user.

 

28. COOKIES AND OTHER AUTOMATED TECHNOLOGIES

• 28.1. We use data collection devices such as cookies on the Platform to help analyse our web page flow, measure promotional effectiveness and promote trust and safety. A cookie is a very small amount of data that is sent from our server to the browser’s local storage space and then to Your device’s storage section or computer's hard drive.

• 28.2. The Platform that transfers a particular cookie to the device or computer system can read, modify or delete such cookie. Cookies are necessary to facilitate browsing and to make it more User-friendly and they do not cause damage to Your device or computer system or files. A User has the option of accepting or declining the cookies of this Platform by changing the settings of Your browser. If You opt to enable this cookie, the Platform will remember You the next time You visit and won't have to bother You, by asking questions You have already answered (like address information). If Your browser is not configured to "accept" cookies, You will still be able to access the information on our Platform. Some of the Platform’s features and services may not function properly if you set your browser to reject cookies. If you view the Platform without changing your cookie settings, you are indicating your consent to accept all cookies (that are not related to third party advertisers and analytics providers) from the Platform.

• 28.3. We may use “pixel tags”, "clear GIFs" or similar files or technologies (“Web Beacons”) to track the online usage patterns of our Users in an anonymous manner, without personally identifying the User. We may also use clear GIFs in HTML-based emails sent to our Users to track which emails are opened by recipients. We use this information to inter alia deliver our web pages to You upon request, to tailor our Platform to the interests of our Users, to compile aggregated statistics about the usage of the Platform and response rates, to measure traffic on our Platform to improve the quality, functionality and interactivity of our Platform and let advertisers know the geographic locations from where our Users come without personally identifying the Users.

• 28.4. We may refer other sources of demographic and other information in order to provide You with more relevant communications and promotions. We use Google Analytics, among others, to track the User behaviour on our Platform, to improve our Platform and also to help the Company understand Your use of the Company’s services on this Platform. The reports are anonymous and cannot be associated with any individual’s personally identifiable information that You may have shared with us.

 

29. LOG FILES

We automatically collect limited information about Your device’s or computer's connection to the internet, including Your IP address, when You visit our Platform or application. Like most standard software application servers, we use log files. This includes IP (internet protocol) addresses, Your device’s / computer's name, Your operating system, browser type and version, ISP (internet service provider), referring / exit pages, Site type, date / time stamp and number of clicks to analyze trends, administer the Platform including the contents thereof, track User's movement in the aggregate to create and maintain better content and information on the Platform, and gather broad demographic information for aggregate use. We may also collect log information from Your device, including Your location, IP addresses, Your device's name, device's serial number or unique identification number (e.g. UDID or Your IOS device), Your device operating system, browser type and version, CPU speed, and connection speed etc. which are not linked to personally identifiable information. The same may be used to track the behavior of the customers/Users or identify the area of interest of the customers/Users, which might further be useful for advertisement, promotions etc.

 

30. DISCLAIMER

• 30.1. The information on the Platform is provided on an "as is" and "as available" basis, based on the Information shared by the Users on the Platform and that the Company makes no representation or warranties, express or implied, including but not limited to the assurances or guarantees or implied warranties as to the quality, merchantability, accuracy, fitness or non-infringement of third party rights. Additionally, nothing contained on this Platform shall be construed as providing consultation or advice to you. The Platform or the Company shall not be responsible for such information or its usage by you or any decision or transaction undertaken by you in connection with or in reliance on such information / content.

• 30.2. The Company has been very cautious in the preparation of content of the Platform, including but not limited to description, images, etc. However, these may vary from the actual content due to various reasons including but not limited to computer monitor settings, typographic errors etc. The Company shall not be bound by any errors or omissions in posting information on the Platform.

• 30.3. Without prejudice to anything stated herein and in addition to the disclaimers provided elsewhere in this Terms of Use, the Users acknowledge and confirm that the products displayed are merely recommendatory and are suggestive based upon the Information shared by such User on the Platform including whilst browsing or conducting their search. Without prejudice to anything stated herein, the Users accessing information on the Platform are required to conduct their own independent due diligence including to verify inter alia the accuracy, completeness, correctness of such information prior to relying on any information displayed on the Platform and/or proceeding with any decision or transaction in connection with the same and/or in pursuance thereof and the Company / its affiliates will not be liable / responsible for any cause or reason whatsoever.

• 30.4. The Company shall not be responsible for any errors, including typographical errors or errors in illustrations, pictures or descriptions on the Platform. Pictures/images of products displayed on the Platform are for illustration only and the actual product may differ from the picture/image displayed on the Platform. All item descriptions, images, product logos, availability and pricing are subject to change at any time without notice. We may also make any other changes/ updates to the Platform, the materials and the products, programs, services or prices described in the Platform at any time. The products displayed on this Platform may not always be available/ in stock.

• 30.5. To the maximum extent permissible by Applicable Laws, the Company disclaims all warranties, conditions or other terms or representations, whether express or implied by statute or common law, and all of which are excluded, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, use, quality, suitability, accuracy, reliability, completeness, timelines, performance, safety or legality of the products listed or displayed on the Platform. Any and all decisions taken by Users and/or transactions entered into by users in connection with or in reliance on such information displayed on the Platform will be taken by them at their sole risk and the Company/ its affiliates will not be liable / responsible in any manner whatsoever.

• 30.6. Without prejudice to anything stated herein and in addition to the disclaimers provided elsewhere in these Terms of Use, the Users by browsing, accessing or using the Platform specifically acknowledge and understand that whilst the Company shall, to the maximum extent permitted by Applicable Laws make all reasonable endeavors to protect and secure the confidentiality of the Information provided by the Users, the Company shall not be liable, including in the following circumstances (please note that this is not an exhaustive list and the specification of any instances herein below shall be in addition to other defenses which may be applicable to the Company under Applicable Laws)

  • (i) any unauthorised use, (i.e., use, reproduction, distribution, disposition, or any other activity, including, without limitation, decompilation, reverse engineering, modification or disassembly etc. without the authorisation from the Company) or

  • (ii) unauthorised access or attempt to access or penetrate, or attempt to penetrate by any third party’s computer software or electronic communications system, (including without limitation, hacking, introduction of any virus, malware, spyware, trojans), or

  • (iii) any intrusion resulting in the corruption or loss of data etc. of the Platform by a User or by any third party which may cause any loss or damage to the User or the third party where such unauthorized use or access could not be prevented despite reasonable safety precautions undertaken by the Company or

  • (iv) any information that is required to be disclosed pursuant to any Applicable Laws or to a governmental regulatory authority.

• 30.7. Without prejudice to the generality of the foregoing, by browsing, accessing and/or using the Platform, You specifically acknowledge that:

  • (a) the Company does not provide any representation, warranty or guarantee that the User will find matches as per the queries or requirements raised.

  • (b) neither the Company nor its affiliates nor any of its directors, officers, representatives or agents will be responsible for any breach of any agreements, contracts or arrangements, misrepresentations, negligence, defaults, liabilities or claims by the User or their respective authorized representatives, agents, sub-contractors or affiliates.

• 30.8. The Company does not guarantee, represent or warrant that:

  • (a) the Platform will be constantly available, or available at all. The Platform may be down for maintenance or for launching in other geographies or there may be a network problem, or the Platform may be experiencing excessive load in which case, the Platform may not be accessible by Users;

  • (b) the Platform shall generally meet Your requirements;

  • (c) the information provided is accurate or up-to-date;

  • (d) any error/flaw in the technology will be corrected;

  • (e) the results that may be obtained from the use of the Platform and/or use of the proprietary algorithm on the Platform, will be accurate or reliable,

  • (f) the quality of any facilities, products, services, information, or other material purchased or obtained by You will meet Your expectations, and that any third party making decisions based on information about You received via the Platform will be accurate, in Your favour or otherwise meet Your expectations.

• 30.9. You further acknowledge that on account of any technical error, loss of connectivity or network issues, or failure by the User to install software updates / upgrades to the Platform from time to time, certain features on the Platform may not function properly or at all. You acknowledge that the Company will not be liable for any losses or damages suffered by You on account of such technical errors, interconnectivity or network issues.

• 30.10. You further acknowledge that the Company engages third party payment aggregators and payment gateway service providers for provision of payment processing services. While the Company takes every precaution to ensure that payment processing services are provided on the Platform on a smooth, uninterrupted and secure manner including by obligating such third party payment processing service providers to comply with the PCI DSS standards and all Applicable Laws. You agree and acknowledge that the Company will not be responsible for any interruption or non-availability of the Platform or otherwise for any fraud, loss, theft, misappropriation or misuse of card or other data / information provided by the User on the links available on the Platform or any attempts to the foregoing by any external third party.

• 30.11. You further acknowledge that You shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and the Company assumes no responsibility or liability for the improper use of information, relating to such usage of credit cards / debit cards used by the subscriber online / off-line.

• 30.12. This disclaimer of liability also applies to any damages or injury caused or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

 

31. INDEMNITY

• 31.1. Without limiting the generality or effect of any of the other provisions of these Terms of Use, as a condition of use, You, the User hereby unconditionally and absolutely agree to defend, indemnify in full and hold harmless the Company, its subsidiaries, its affiliates, their respective promoters, shareholders, employees, directors, officers, agents and/or their successors and assigns (“Indemnified Parties”) from and against any and all claims, actions, demands, liabilities, damages, losses, costs and expenses, (including attorney's fees) (hereinafter referred to as “Claims”) of whatsoever nature and/or wherever made, which may be claimed, incurred, suffered and/or sustained by any of the Indemnified Parties or any third party, in connection with any Claims arising out of or in any way relating to

  • (i) Your actions or inactions, including but not limited to, (a) the non-fulfillment of any of Your obligations under these Terms of Use (b) arising out of Your violation of any Applicable Laws including but not limited to intellectual property rights, (c) payment of statutory dues and taxes, (d) claims relating to libel, defamation, violation of rights of privacy or publicity, or (e) loss of use and/or accessibility of the Platform by other Users, and (f) export/import of technology,

  • (ii) Your failure to obtain any licenses and/or approvals from the appropriate governmental authorities, as required to purchase the subject products

  • (iii) Your browsing, access and usage of the Platform and/or engagement in transactions on the Platform, including, but not limited to, breach of warranty

  • (iv) any passing off or alleged passing off or infringement or alleged infringement of the Company’s, its affiliates’ and any third party’s intellectual and/or informational property;

  • (v) any breach by the Users, its employees, its authorized representatives’ or by any person acting on behalf of the User (x) of any Applicable Laws and/or (y) of any representations, warranties, confirmations, undertakings, covenants, obligations or terms contained in these Terms of Use and/or the Privacy Policy or any other policy referred to on the Platform; and

  • (vi) any and all actions, suits, proceeding or claims, relating to the foregoing sub – paras (i) to (v).

• 31.2. You shall forthwith on demand make payment to the concerned Indemnified Party, within seven days of receipt of a written demand from the Indemnified Party, without any dispute or delay.

• 31.3. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

• 31.4. For the avoidance of doubt, the User confirms and warrants that the aforementioned rights and remedies of the Indemnified Parties as mentioned in this Para 31 are without prejudice to the Indemnified Parties’ other rights and remedies as stipulated in these Terms of Use and also without prejudice to all other rights and remedies, which the Indemnified Parties may have, including against the User, in law or equity or otherwise.

• 31.5. The User hereby agrees to expressly, absolutely and unconditionally (i) release and discharge the Indemnified Parties from any and all costs, damages, liabilities or other consequences as a result of any actions/inactions of any Indemnified Parties and (ii) waive any claims or demands (whether known or unknown) against the Indemnified Parties that the User may have, including under any statute, contract or otherwise.

 

32. LIMITATION OF LIABILITY

You expressly understand and agree that in no event the Indemnified Parties shall be liable to You or any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, expenses, costs, losses, damages, claims or liabilities (whether such liability is under contract, tort or otherwise), which You may have incurred, suffered and/or sustained arising from or related to these Terms of Use and/or the arrangements contemplated herein including but not limited to Processing Personal Data or Information, damages for loss of profits, revenue, earnings, business opportunity, goodwill, use, data or other intangible losses or losses resulting from unauthorized access or alteration or transmissions of Personal Data or Information or arising from suspension or termination of the online services (hereinafter collectively referred to as “Losses”), even if the Company has been advised of the possibility of such Losses, arising out of or resulting indirectly or directly from:

• (a) any failure or delay (including without limitation the use of or inability to use the Platform or any part thereof); or

• (b) Your use of the Platform, or any content, material or information thereof (including, but not limited to, Losses resulting from or arising out of Your reliance on the Platform); or

• (c) the performance or non-performance by the Company, even if we have been advised of the possibility of damages to such parties or any other party, or any damages to or viruses that may infect Your computer or device or equipment or other property as the result of Your browsing, access or use of the Platform or Your downloading of any content from the Platform; or

• (d) mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or computer failure or malfunction, or damage to computer or device, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss or any failure of performance of the Platform; or

• (e) the termination or suspension of Your username and password by the Company pursuant to these Terms of Use; or

• (f) Applicable Laws, government restrictions, lockdowns, strikes, riots, wars or sabotage, explosions, any natural disaster, plague, epidemic, pandemic or other outbreak of diseases or illnesses or health hazards or extreme natural events or any other force majeure event, or other condition beyond the Company’s reasonable control; or

• (g) any subsequent offline activities arising from or relating to the online activities pursued by any User under and / or pursuant to these Terms of Use.

 

33. SECURITY

You are prohibited from violating or attempting to violate the security of the Platform. You are prohibited from doing any of the following:

• (a) Accessing data not intended for You or logging onto a server or an account which You are not authorized to access; or

• (b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

• (c) Attempting to interfere with service of any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;' or

• (d) Sending or transmitting junk email, unsolicited email, including promotions and/or advertising of products or services; or

• (e) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or

• (f) Violations of system or network security, which may result in civil or criminal liability; or

• (g) Any other action which, at our discretion, constitutes or is likely to constitute a threat to the security of the Platform.

 

34. COMMENTS / POSTS

• 34.1. By browsing, accessing and/or using the Platform, You specifically acknowledge and understand that the Company has invested and continues to invest significant amounts towards the development and maintenance of the Platform. The Company strongly encourages and values feedback and suggestions from its Users. However, You specifically acknowledge and understand that in the event You use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content, the Company may suffer severe losses. Hence, in order to prevent such wrongful loss, the Company would encourage You, the User to not post any negative / false/ misleading information, feedback, comment, or review on the Platform or on any public domain without first bringing the same to the notice of the Grievance Redressal Officer specifying Your feedback and further permitting the Company through its Grievance Redressal Officer to address any issues/queries or feedback as provided by You.

• 34.2. The Company prohibits the use of language that is contrary to / prohibited by Applicable Laws including what is racist, hateful, sexual or obscene. Private communication, including email correspondence, is not regulated by the Company. The Company encourages its Users to be professional, courteous and respectful when communicating by email.

• 34.3. You further understand and acknowledge that failure on Your part to consult with the Grievance Redressal Officer and posting /uploading or otherwise disseminating any negative/ false/ misleading information, comments, feedback or reviews without providing any opportunity to the Company to address Your grievances/issues, shall entitle the Company to proceed against You, the User for damages for any losses suffered by the Company. Any claim for damages shall be in addition to the rights for injunctive reliefs since claim for damages may not be a sufficient remedy. The Company shall further be entitled to treat any such negative/ false/ misleading information, feedback/comment/ review to be defamatory / libelous or malicious in nature and take appropriate action against the User as it may deem fit.

• 34.4. In the event, a User posts any review, feedback, content or submits material on the Platform, the User agrees to:

  • (i) grant the Company and/or its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User information that User make available, in any media or medium, and in any form, format, or forum now known or hereafter developed; and

  • (ii) grant the Company and its affiliates and sub-licensees the right to use the non-sensitive Information (including the name and address that the User submits in connection with such User information).

• 34.5. The User absolutely and unconditionally agrees that the rights as granted in this Para 34 are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such User information and material on the Platform. The User also agrees to perform all such further acts necessary to perfect any of the rights granted to the Company and/or affiliates, including the execution of deeds and documents, at its request and furthermore waives its right to be identified as the author of such content and Your right to object to derogatory treatment of such User information.

• 34.6. In the event the User posts negative/ false/ misleading information, feedback, comment, or review, the Company shall have the right to remove or delete a review or comment or feedback posted by the User at its sole discretion, if it is of the opinion that such review or comment or feedback

  • (i) contains offensive language; or

  • (ii) causes disadvantage to the Company or

  • (iii) is false and misleading. The Company shall also, at its sole discretion have the right to terminate the User account and refrain the User from accessing or using the Platform or posting any further reviews or comments or feedback on the Platform.

 

35. GOVERNING LAW AND JURISDICTION

• 35.1. These Terms of Use shall in all respects be construed in accordance with and governed by the laws of India, including all matters of construction, validity and performance.

• 35.2. Any and all disputes arising out of or in connection with these Terms of Use will be subject to the jurisdiction of the Courts of Pune.

• 35.3. User confirms and undertakes that this Para 35 is solely for the benefit of the Company and notwithstanding Para 35.2 above, it does not prevent the Company from taking any legal action or proceedings arising out of these Terms of Use (“Proceedings”) against the User in any other Courts of competent jurisdiction or concurrently in more than one jurisdiction.

• 35.4. User also irrevocably confirms and irrevocably undertakes to waive (i) any objection which it may at any time have to the laying of the venue of any Proceeding in any Court referred to in this Para 35 and any claims that any such Proceedings have been brought in an inconvenient forum and (ii) any and all immunities (including from suit, attachment, execution or other legal process), if any, to the fullest extent permitted by Applicable Laws. 

• 35.5. Users acknowledge that this Platform is operated, controlled and administered solely in India and is meant for transactions which are proposed to be effected through the Platform.

• 35.6. While the Company makes every effort to ensure that the Platform operates in a legally compliant manner, You, the User expressly acknowledge and agree that the Company shall not be obliged or responsible for complying with the laws of any jurisdictions (other than the Applicable Laws of India) irrespective of where the Users are based . The Users specifically waive any rights which are granted to the Users under any laws (other than the Applicable Laws of India) and further acknowledge the adequacy and sufficiency of the Applicable Laws of India to protect inter alia the privacy rights of the Users. The Company makes no representation that the Platform is appropriate or available for use outside the Republic of India.

 

36. MODIFICATION TO TERMS OF USE

The Company solely reserves the right to revise and/or modify and/or amend and/or substitute these Terms of Use as well as the Privacy Policy (which is incorporated herein by reference), at any time, without any prior notification to You. If we decide to change the Terms, we will post those changes to this Terms of Use on the home page, and other places, as we deem appropriate, along with a change notice where we feel that it is necessary and/or possible to do so. By accessing and using this Platform, You, acknowledge to have read and understood any such revised, modified, amended and substituted Terms of Use and You confirm to be bound by any and all such revisions, modifications, amendments and substitutions thereto. All such revisions, modifications, amendments and substitutions shall be effective immediately upon posting of the same by the Company and You, the User, will be deemed to have absolutely, unconditionally and irrevocably accepted all such modifications, amendments and/or substitutions. You shall be solely responsible for keeping Yourself informed of any revisions or updates to these Terms of Use and Privacy Policy on a regular basis to ensure You understand all terms and conditions governing use of this Platform.

 

37. MODIFICATION OF SOFTWARE

The Company solely reserves the right to revise, modify, add, delete and/or change the contents and classification and presentation of the information on the Platform at any time as it may in its absolute discretion find necessary, and/or expedient and without having to give any notice to any User. It is each User's sole responsibility to refer to the terms and conditions and in addition thereto, to be mindful of all such modifications, additions, deletions and/or changes or addition to the same while browsing, accessing or using the Platform.

 

38. CONTACT US

In case You require any clarifications or in case of any issues arising pursuant to these Terms of Use, You may contact us using details provided in the “Contact Us” section provided on the Platform.

 

39. GRIEVANCE REDRESSAL MECHANISM

• 39.1. In accordance with the DPDP Act, the IT Act, the IT Rules and the Consumer Protection (E-Commerce) Rules, 2020, as may be amended, modified or supplemented from time to time, the name, designation and contact details of the Grievance Redressal Officer are provided below:

  For any issues, communications, complaints, queries, comments or feedback as provided by You in relation to the Platform, You may reach out to the Grievance Redressal Officer.

  Grievance Redressal Officer for Technical and Commercial Issues
  Name: Mr. Gaurav Ray
  Designation: Deputy General Manager – Small Pump Business - Customer Service and Support
  TechnicalGrievanceOfficer@kbl.co.in
  

  The role of the Grievance Officer is to:

  • (i) redress Your grievances expeditiously;

  • (ii) act as a point of contact between You and the Company;

  • (iii) respond to any communication from You for the purpose of exercising Your rights under the DPDP Act, IT Act and IT Rules.

• 39.2. On the raising of a complaint, You will be issued a ticket number, through which the status of the complaint can be tracked. The Grievance Redressal Officer shall endeavour to acknowledge Your complaints within forty- eight (48) hours of the receipt of such complaint and shall seek to address and/or resolve the same within a period of one month of the receipt of such complaint. You further understand and agree that the decision of the Grievance Redressal Officer shall be final and binding in this regard.

 

40. DURATION

• 40.1. You agree that these Terms of Use shall govern Your usage of the Platform for the above mentioned purpose and shall be effective on and from the date and time a User registers with the Platform and accepts the terms and conditions laid out on the Platform.

• 40.2. You agree that the Company, in its sole discretion, may terminate Your username and password, and remove and discard any of Your Personal Data or Information within the Platform, for any reason, including, without limitation, for lack of use or if the Company believes that You have violated or breached these Terms of Use. The Company may also in its sole discretion and at any time discontinue the Platform, or any part thereof, with or without notice. Furthermore, You agree that the Company shall not be liable to You or any third party for the Company’s decision to suspend, discontinue or terminate Your browsing, accessing or using the Platform.

• 40.3. Unless expressly stated under these Terms of Use, any termination of use shall not relieve You of any obligation accrued hereunder before such termination, or affect the Company’s rights hereunder.

 

41. MISCELLANEOUS PROVISIONS

• 41.1. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the code of conduct between the User and the Company, nor trade practice shall act to modify any provision of these Terms of Use.

• 41.2. If You do not wish to receive unsolicited information from us, then you may opt out of receiving unsolicited information from Us by clicking the “UNSUBSCRIBE” link at the bottom of emails you receive or on the unsubscribe page on the Platform.

• 41.3. Please take full responsibility for Your own security and do not under any circumstances disclose Your bank details, credit card details, Your personal username or password or other such Personal Data or Information to any other person unless You are confident that such Personal Data or Information will not be misused and all such disclosures by You will be entirely and solely at Your own risk and cost.

• 41.4. Please also ensure that You do not leave Your personal computer or devices unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining Personal Data or Information about You.

 

42. SEVERABILITY

If any particular provision of these Terms of Use is held to be unenforceable or invalid under any Applicable Laws such unenforceability or invalidity shall not affect any other provision of these Terms of Use which shall remain in full force and effect. In addition, if any provision contained in these Terms of Use shall for any reason be held to be excessively broad as to activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with Applicable Laws.

 

43. ASSIGNMENT

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification to or consent being required from any User or third party. However, You shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms of Use.

 

44. COMPLIANCE WITH LAWS

Notwithstanding anything stated hereinabove and for the avoidance of doubt, all obligations of the Company and the User , are and will be subject to compliance with all Applicable Laws as may be amended, modified, consolidated, substituted and re-enacted from time to time.

 

The Company shall not be responsible for complying with the laws of any jurisdictions (other than the Applicable Laws of India) irrespective of where the User is based and any rights which are granted to the User under any foreign laws are hereby expressly and unconditionally waived by the User.

 

45. ADHERANCE TO TERMS AND CONDITIONS

By clicking “Agree and Continue” You hereby confirm that You have read, reviewed and understood the terms and conditions contained in these “Terms of Use”, the “Privacy Policy” and other “Policies”, if any, which may be displayed on the Platform, from time to time, and You absolutely and unconditionally agree to abide by the same.